Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts you conclude with us as the provider (Thermaltake Germany GmbH) via the website lcgs.thermaltake.de. Unless otherwise agreed, the inclusion of any terms you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional. An entrepreneur is any natural or legal person or a legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.
(3) The contract is concluded through the online shopping cart system as follows:
The goods intended for purchase are placed in the "Shopping Cart." You can access the "Shopping Cart" at any time via the corresponding button in the navigation bar and make changes there.
After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and after entering your personal data as well as payment and shipping terms, you will finally see the order details as an order summary.
If you choose an instant payment method (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order summary page in our online shop or forwarded to the website of the instant payment provider.
If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order details are displayed to you as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review the details in the order summary again, change them (also using the "back" function of your internet browser), or cancel the order.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by email. Therefore, you must ensure that the email address you have provided to us is correct, that receiving emails is technically ensured, and in particular, that emails are not blocked by spam filters.
§ 3 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website as well as during the online ordering process. For payment processing, "PayPal" may use additional payment services; if special payment conditions apply, you will be separately informed about them. More information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 5 Special Provisions for B-stock
(1) B-stock refers to products that we do not offer as new goods and are therefore considered used goods. This includes, among others, returns, display items, clearance stock, or items with minor cosmetic defects that are technically fully functional. All B-stock is clearly marked as such, and existing defects are transparently indicated in the respective product description.
The optical defects mentioned in the product description are known to the buyer at the time of contract conclusion and therefore do not constitute material defects within the meaning of § 434 BGB. Other defects not expressly named are subject to the statutory warranty.
§ 6 Warranty
(1) Statutory defect liability rights apply.
(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be considered agreed upon if you were informed of it before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4)
Warranty period for B-stock: For used B-stock, the statutory warranty period deviates from § 438 para. 1 no. 3 BGB and is one year from the delivery of the goods. This does not apply to claims for damages resulting from injury to life, body, or health, as well as in cases of gross negligence or intent. A right of return exists only within the framework of statutory provisions, unless it has been expressly excluded.
§ 8 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the protection granted by mandatory provisions of the law of the consumer's country of habitual residence (principle of favorability).
(2) The place of performance for all services from the business relationships with us as well as the place of jurisdiction is our registered office, unless you are not a consumer but a merchant, legal entity under public law, or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if the residence or habitual abode is unknown at the time of filing the lawsuit. The right to also bring the case before a court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention do not apply explicitly.
II. Customer information
1. Identity of the seller
Thermaltake Germany GmbH
Oststraße 1c
22844 Norderstedt
Germany
Phone: +49403085860
Email: shop@thermaltake.de
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.
We are willing, but not obliged, to participate in dispute resolution procedures before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system you can print or electronically save the contract data using the browser's print function. After we receive your order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are separately indicated during the ordering process, and must be borne by you in addition, unless free shipping has been promised.
5.3. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, payment claims from the concluded contract are due immediately.
6. Delivery conditions
6.1. The delivery conditions, delivery date, and any applicable delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not named by the entrepreneur or another person designated to carry out the shipment.
7. Statutory liability for defects
The liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the IT law specialists of Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. More information can be found at: https://www.haendlerbund.de/
last update: 29.11.2023