Terms and Conditions

Contracting Party

On the basis of these General Terms and Conditions, a contract is concluded between the customer and TMP-SYSTEM-SERVICE GmbH, represented by Marek Templin, address: Lüdersdorfer Straße 27, 36179 Bebra-Breitenbach, Germany, telephone: +49 (0) 6622 - 9034997, email address: info@tmp-networks.de, commercial register: Bad Hersfeld, commercial register number: HRB2833, VAT identification number: DE314798228, hereinafter referred to as the provider.

Subject Matter of the Contract

This contract governs the sale of new and used goods and services in the IT sector via the provider’s online shop. Details of the respective offer can be found in the product description on the offer page.

Conclusion of Contract

The contract is concluded in electronic commerce via the shop system or through other means of distance communication such as telephone and email. The offers displayed constitute a non-binding invitation to submit an offer through the customer’s order, which the provider may then accept.

In the shop system, the ordering process leading to conclusion of the contract includes the following steps: selecting the offer in the desired specification (size, colour, quantity); placing the offer in the shopping cart; clicking the 'order' button; entering billing and delivery address; selecting the payment method; reviewing and editing the order and all entries; clicking the 'order with obligation to pay' button; confirmation email that the order has been received.

Orders may also be placed outside the shop system via means of distance communication (telephone/email), in which case the ordering process leading to conclusion of the contract comprises the following steps: call to the order hotline / sending the order email; confirmation email that the order has been received. The contract is concluded when the order confirmation is sent.

Contract Term

The contract concerns recurring/ongoing services. The contract is concluded for an indefinite period. The contract has a minimum term. This minimum term is 1 month. If the customer does not terminate in due time, the term of the contract is automatically extended by a further period of 1 month. Each contracting party has the right to terminate the contract with a notice period of 7 days to the end of the month without stating reasons. The right to extraordinary termination for good cause, in particular repeated breach of the main contractual obligations, remains unaffected. Termination is only effective if made in the following form: in writing.

Retention of Title

The delivered goods remain the property of the provider until full payment has been made.

Reservations

The provider reserves the right to provide a service of equivalent quality and price. The service shown in the shop is exemplary and not the individual contractual service. The provider reserves the right not to provide the promised service in the event of its unavailability.

Prices, Shipping Costs and Return Costs

All prices are final prices and include statutory VAT. In addition to the final prices, further costs may apply depending on the shipping method; these costs will be displayed before the order is sent. If a right of withdrawal exists and is exercised, the customer bears the costs of returning the goods.

Payment Terms

The customer has only the following payment options: advance bank transfer, invoice upon delivery, payment service provider (PayPal), cash payment upon collection. Other payment methods are not offered and will be rejected.

After receipt of the invoice, which contains all information required for the transfer and is sent by email, the invoice amount must be transferred in advance to the account stated therein. After receipt of the invoice, which contains all information required for the transfer and is sent with the delivery, the invoice amount must be transferred in advance to the account stated therein. When using an escrow service/payment service provider, that service enables the provider and the customer to process payment between them. The escrow service/payment service provider forwards the customer’s payment to the provider. Further information is available on the website of the respective escrow service/payment service provider.

The invoice amount may also be paid in cash at the provider’s business premises during normal office hours, less any shipping costs charged. The customer is obliged to pay or transfer the amount shown on the invoice to the account stated on the invoice within 5 days after receipt of the invoice. Payment is due from the invoice date without deduction. After expiry of the payment period, which is determined by the calendar, the customer is in default even without a reminder. Any customer right of retention that is not based on the same contractual relationship is excluded. Set-off against customer claims is excluded unless these claims are undisputed or have been legally established. Financing may also be possible upon request.

Delivery Terms

The goods will be shipped immediately after confirmed receipt of payment. Shipping takes place on average no later than after 3 days. The entrepreneur undertakes to deliver on the 13th day after receipt of the order. The standard delivery time is 7 days unless otherwise stated in the item description. The provider ships the order either from its own warehouse as soon as the entire order is available there, or the order is shipped by the manufacturer as soon as the entire order is available there. The customer will be informed of delays without delay.

Warranty

Consumers are entitled to statutory liability for defects for the offered services in accordance with the relevant provisions of the German Civil Code (BGB). Where these provisions are deviated from, the warranty is governed by the corresponding provisions in these General Terms and Conditions.

If the customer is an entrepreneur, the warranty period for new goods is limited to one year. The provider is entitled, in the case of subsequent performance, to choose between repair and replacement delivery if the goods are new goods and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty for used goods is excluded. If the customer is a consumer, the warranty period for used goods is limited to one year.

This does not apply to the customer’s claims for damages arising from injury to life, body or health, or from breach of essential contractual obligations that must necessarily be fulfilled to achieve the contractual objective. It also does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agent. In all other respects, the statutory provisions apply.

Contract Documentation

The contract text is stored by the provider. The customer has the following option to access the stored contract text: closed intranet. This area can be found on the following page: upon request.

Right of Withdrawal and Customer Service

Withdrawal instructions

Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day: in the case of a purchase contract, on which you or a third party designated by you, who is not the carrier, have or has taken possession of the last goods; in the case of a contract for several goods ordered by the consumer as part of a single order and delivered separately, on which you or a third party designated by you, who is not the carrier, have or has taken possession of the last goods; in the case of a contract for delivery of goods in several partial shipments or pieces, on which you or a third party designated by you, who is not the carrier, have or has taken possession of the last partial shipment or last piece; in the case of a contract for regular delivery of goods over a fixed period, on which you or a third party designated by you, who is not the carrier, have or has taken possession of the first goods. If several alternatives apply, the latest point in time is decisive.

To exercise your right of withdrawal, you must inform us (TMP-SYSTEM-SERVICE GmbH, Marek Templin, Lüdersdorfer Straße 27, 36179 Bebra-Breitenbach, Germany, +49 (0) 6622 - 9034997, info@tmp-networks.de) by means of a clear statement (for example a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal: If you withdraw from this contract, we must reimburse you for all payments we have received from you, including delivery costs (except for additional costs resulting from your choosing a type of delivery other than the inexpensive standard delivery offered by us), without delay and no later than within fourteen days from the day on which we received notification of your withdrawal from this contract.

For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to TMP-SYSTEM-SERVICE GmbH, Marek Templin, Lüdersdorfer Straße 27, 36179 Bebra-Breitenbach, Germany, +49 (0) 6622 - 9034997, info@tmp-networks.de without delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period expires.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

End of withdrawal instructions

You can reach our customer service during the following times at: TMP-SYSTEM-SERVICE GmbH, Marek Templin, Lüdersdorfer Straße 27, 36179 Bebra-Breitenbach, Germany, +49 (0) 6622 - 9034997, info@tmp-networks.de. Opening hours: Monday to Friday from 09:00 to 18:00.

Disclaimer of Liability

Customer claims for damages are excluded unless otherwise provided by the following reasons. This also applies to the provider’s representatives and vicarious agents if the customer asserts claims for damages against them. Excluded from this exclusion are customer claims for damages arising from injury to life, body or health, or from breach of essential contractual obligations that must necessarily be fulfilled to achieve the contractual objective. It also does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agent.

Prohibition of Assignment and Pledging

Claims or rights of the customer against the provider may not be assigned or pledged without the provider’s consent unless the customer has demonstrated a legitimate interest in the assignment or pledging.

Language, Place of Jurisdiction and Applicable Law

The contract is drafted in German. The further implementation of the contractual relationship takes place in German. The law of the Federal Republic of Germany applies exclusively. For consumers, this applies only insofar as this does not restrict mandatory statutory provisions of the state in which the customer has their domicile or habitual residence. In disputes with customers who are not consumers, legal entities under public law or special funds under public law, the place of jurisdiction is the registered office of the provider.

Data Protection

In connection with the initiation, conclusion, execution and reversal of a purchase contract based on these Terms and Conditions, the provider collects, stores and processes data. This is done within the framework of statutory provisions.

The provider does not pass on the customer’s personal data to third parties unless legally obliged to do so or unless the customer has expressly consented in advance. If a third party is used for services in connection with the execution of processing operations, the provisions of the German Federal Data Protection Act are complied with.

The data provided by the customer during the order process is processed exclusively for contacting the customer within the framework of contract execution and only for the purpose for which the customer provided the data. The data is passed on only to the extent necessary to the shipping company responsible for delivering the goods in accordance with the order. Payment data is passed on to the credit institution commissioned with the payment.

Where the provider is subject to commercial or tax retention periods, some data may be stored for up to ten years. During visits to the provider’s internet shop, anonymised data that does not permit and is not intended to permit conclusions about personal data is logged, in particular IP address, date, time, browser type, operating system and pages visited.

At the customer’s request, personal data will be deleted, corrected or blocked within the framework of statutory provisions. Free information about all of the customer’s personal data is possible. For questions and requests regarding deletion, correction or blocking of personal data, as well as collection, processing and use, the customer may contact: TMP-SYSTEM-SERVICE GmbH, Marek Templin, Lüdersdorfer Straße 27, 36179 Bebra-Breitenbach, Germany, +49 (0) 6622 - 9034997, info@tmp-networks.de.

Severability Clause

The invalidity of any provision of these Terms and Conditions has no effect on the validity of the remaining provisions.

Created on 2 November 2018

Authoritative Version

This English version is provided for convenience. In case of differences or interpretation questions, the German version is authoritative.