Terms of service
1.2. All agreements between the customer and TINOetTINO regarding the conclusion of a purchase contract are governed by these sales conditions, an order confirmation, or the acceptance declaration. The version of the GSC valid at the time of the contract conclusion is decisive.
1.3. Deviating conditions of the customer are not accepted, even if the inclusion of the customer's terms and conditions is not expressly objected to.
2. Conclusion of Contract, Object of Contract
2.1. The presentation and promotion of products in the online shop or on other websites of TINOetTINO do not constitute a binding offer to conclude a purchase contract. They merely represent a non-binding invitation to order goods from the online shop. Products can be selected, added to a shopping cart, and ordered from such presentations. Before submitting the order, the customer has the opportunity to review and, if necessary, change all details (e.g., article description, quantity, name, address, payment method).
2.2. By clicking the "Buy" button, the customer places a legally binding order when ordering through the online shop.
2.3. TINOetTINO will promptly confirm receipt of the customer's order by email. Such an email does not constitute a binding acceptance of the order, unless it also contains an acceptance declaration alongside the confirmation of receipt.
2.4. A contract is only concluded when TINOetTINO accepts the customer's order through an acceptance declaration or implicitly by delivering the ordered products.
2.5. If delivery of the ordered goods is not possible, for example, because the corresponding goods are not in stock, TINOetTINO will refrain from accepting the order. In this case, no contract is concluded. TINOetTINO will inform the customer about this and refund any payments already received.
2.6. The object of the contract between TINOetTINO and the customer is the respective ordered goods, including box, case, booklet, and limited edition card. In the event of withdrawal or revocation, the ordered goods must be fully returned.
3. Right of Withdrawal3.1. If the customer is a consumer (i.e., a natural person who places the order for a purpose that cannot be attributed to their commercial or self-employed professional activity), the customer has the right of withdrawal in accordance with the legal provisions.
3.2. If the customer, as a consumer, exercises their right of withdrawal, they shall bear the regular costs of the return shipment.
3.3. In all other respects, the regulations that are set out in the following
Withdrawal Policy
Apply to the right of withdrawal:
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 on which you or a third party designated by you, other than the carrier, take(s) possession of the goods.
To exercise your right of withdrawal, you must inform us (TINOetTINO GmbH, Bahnhofstraße 74, 57258 Freudenberg, Email: contact@tinoettino.com) by means of a clear statement (e.g., a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which, however, is not mandatory. You may also fill out and submit the model withdrawal form or another clear statement electronically on our website (insert internet address). If you make use of this option, we will immediately (e.g., by email) send you a confirmation of receipt of such withdrawal.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of WithdrawalIf you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
-End of Withdrawal Policy-
The right of withdrawal does not apply to distance contracts.
4. Delivery, Reservation of Title, Passing of Risk
4.1. TINOetTINO endeavors to adhere to agreed delivery dates. If, due to reasons not attributable to TINOetTINO, deliveries or services from TINOetTINO's own suppliers are not received in sufficient quantity and/or quality in accordance with the quantity and/or quality specified in the delivery or service agreement with the customer (congruent covering) and in a timely manner, or if events of force majeure of not insignificant duration (i.e., lasting longer than 14 calendar days) occur, TINOetTINO will promptly inform the customer in writing (by email). In such a case, TINOetTINO is entitled to postpone the delivery for the duration of the hindrance or to withdraw from the contract in whole or in part regarding the unfulfilled part of the contract, provided that TINOetTINO has complied with the above notification obligation and has not assumed the procurement risk or a delivery guarantee. Force majeure includes, but is not limited to, strikes, lockouts, official interventions, energy and raw material shortages, unavoidable transportation bottlenecks or hindrances, and unavoidable operational disruptions, e.g., due to fire, water, pandemics (e.g., COVID-19), and machinery damage, and all other hindrances that have not been culpably caused by TINOetTINO upon objective consideration.
4.2. If a fixed delivery date or delivery period is agreed and is exceeded due to events as described in section 4.1, the customer is entitled to withdraw from the contract with respect to the unfulfilled part of the contract after a reasonable grace period has passed without success. Any further claims of the customer, particularly claims for damages, are excluded in this case.
4.3. The provisions of section 4.2 above apply accordingly if, even without a fixed contractual agreement of a delivery date, it becomes objectively unreasonable for the customer to adhere to the contract due to the events described in section 4.1.
4.4. Unless otherwise agreed, the delivery period within the European Union (EU) is generally seven (7) working days. If shipping is to a country outside the EU, the delivery time may be significantly longer. The delivery period begins with the conclusion of the contract.
4.5. For orders from customers residing or having their business address outside the country of TINOetTINO or for justified indications of a payment default risk, TINOetTINO reserves the right to deliver only after receiving the purchase price plus shipping costs (reservation of advance payment). If TINOetTINO exercises the reservation of advance payment, the customer will be informed promptly. In this case, the delivery period starts with the payment of the purchase price and shipping costs. Delivery is made from stock, which is also the place of performance for delivery and any subsequent performance. The risk of accidental loss and accidental deterioration of the goods passes to the customer upon delivery of the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment.
5. Prices and Shipping Costs, Cancellation Fee
5.1. All price information in the online shop of TINOetTINO is net prices without the statutory value-added tax and without additional shipping costs.
5.2. The final price, including VAT and any applicable shipping costs, will be displayed at checkout before the customer submits the order.
5.3. If TINOetTINO fulfills the order through partial deliveries, shipping costs are incurred only for the first partial delivery. If partial deliveries are made at the customer's request, TINOetTINO will charge shipping costs for each partial delivery.
5.4. If the customer effectively revokes the contract, they may, under the statutory conditions, request reimbursement of the already paid shipping costs to the customer (outward shipping costs). If the revocation is made from a non-EU member state, TINOetTINO reserves the right to withhold a flat cancellation fee of 8% of the purchase price. In these cases, the customer is allowed to prove that no damage or devaluation has occurred or that it is significantly lower than the flat cancellation fee.
6. Payment Terms and Offset, Right of Retention6.1. The purchase price and shipping costs must be paid within 10 days from receipt of the invoice from TINOetTINO.
6.2. The customer may pay the purchase price and shipping costs by transferring the amount to the account specified in the online shop, granting TINOetTINO a direct debit authorization, or by paying with EC/Maestro or credit card. In the case of a direct debit authorization or payment by EC/Maestro or credit card, TINOetTINO will not charge the customer's account before the time mentioned in section 6.1. A direct debit authorization remains in effect until revoked, also for further orders.
6.3. The customer is not entitled to set off against TINOetTINO's claims unless the customer's counterclaims have been legally established or are undisputed. The customer is entitled to set off against TINOetTINO's claims if the customer makes complaints or counterclaims from the same purchase contract.
6.4. The customer may only exercise a right of retention if their counterclaim arises from the same purchase contract.
7. Force Majeure, Disturbance of the Basis of Contract, Reservation of Performance7.1. In the event of force majeure affecting TINOetTINO itself or TINOetTINO's suppliers, TINOetTINO's delivery and performance obligations shall be suspended for the duration of the disruption and an appropriate resumption period. The same applies in the case of energy or raw material shortages, legitimate industrial action, pandemics (e.g., COVID-19), and official orders.
7.2. If there is a significant change in the circumstances existing at the time of contract conclusion, which makes it objectively unreasonable for us to adhere to the contract, TINOetTINO is entitled to withdraw from the contract.
7.3. Contract fulfillment is subject to the condition that TINOetTINO neither violates regulations of national and/or international foreign trade law nor violates sanctions or embargoes.
8. Retention of Title
The delivered goods remain the full property of TINOetTINO until full payment of the purchase price.
9. Warranty
TINOetTINO is liable for defects in the delivered goods in accordance with the applicable statutory provisions, especially §§ 434 ff. BGB. The limitation period for statutory warranty claims is one year and begins with the delivery of the goods.
10.1. TINOetTINO is liable in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
10.2. In all other cases, TINOetTINO's liability is limited to the breach of a cardinal obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies (so-called cardinal duty), and is limited to compensation for foreseeable and typical damage. In all other cases, TINOetTINO's liability is excluded subject to the following regulation.
10.3. The liability of TINOetTINO for damages arising from injury to life, body or health and under the Product Liability Act remains unaffected by the above liability limitations and exclusions.
11. Copyrights
TINOetTINO holds the copyrights to all images, videos, and texts published in the online shop. Use of the images, films, and texts is not permitted without the express prior consent of TINOetTINO.
12.1. If the contracting party is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with this contract is the registered office of TINOetTINO. If TINOetTINO takes legal action, TINOetTINO is also entitled to sue the customer at their general or special place of jurisdiction.
12.2. The law of the Federal Republic of Germany applies to contracts with domestic contracting parties. If the customer places the order as a consumer and has their habitual residence in another country at the time of the order, the application of mandatory legal provisions of that country remains unaffected by the above choice of law.
12.3. Dispute resolution: The European Commission provides an online platform for online dispute resolution (ODR platform), which can be accessed at http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
