Conditions of Use

with customer information

Contents:
1. Conclusion of contract
2. Privacy and secrecy
3. Prices and shipping costs
4. Cancellation policy
5. Warranty
6. Liability
7. Retention of title
8. Sales tax
9. Disposal
10. Payment
11. Jurisdiction
12. Alternative Dispute Resolution

The following General Terms and Conditions apply to all purchase, works, work delivery and other contracts, deliveries and other services, including consultancy, information and the like, which are agreed with the Dr. THIEL GmbH.

§ 1 Contract and content of contract
1) Contracts come about exclusively through the written or oral confirmation of the Dr. THIEL GmbH. Offers of the Dr. THIEL GmbH shall only apply as long as an assumption may be expected under regular circumstances. In individual cases, an acceptance period is agreed. If special price lists are issued, the Dr. THIEL GmbH feel bound to price lists for a certain period of time.

Orders are considered accepted even if they are carried out immediately after receipt of order. Then the invoice is considered as order confirmation.

2) You can correct input errors when placing orders over the Internet by canceling the purchase and starting the ordering process from the beginning.

3) Hereby the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.

4) A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes which are predominantly neither their commercial nor their independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is a natural person or legal entity or a legal partnership which, when entering into a legal transaction, acts in the course of its commercial or independent professional activity.

§ 2 Privacy and confidentiality
The provider undertakes to comply with the statutory provisions on data protection, in particular the provisions of the General Data Protection Regulation (DSGVO), the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). Further information on data protection can be found in the privacy policy of the provider, which you can view here (please insert a link to the privacy policy).
 
§ 3 prices and shipping costs
The prices of the goods published with the respective offer plus shipping costs, which are expressly named separately for each article both in the online shop and in the distribution of products via our catalogs, apply. The total prices include the currently statutory sales tax.

If necessary, additional delivery and shipping costs as well as packaging costs can be found at any time in the following postage and packing flat rate list. (insert link here if necessary)

Subsequent deliveries are sent free of charge by us.

§ 3 a Shipping costs outside Germany
It applies German law application. The domestic delivery and shipping conditions apply. The shipping fees outside Germany please ask our customer service by phone or email or refer to the postage and packaging flat rate list.
 
§ 4 Right of withdrawal in distance contracts
Withdrawal

You have the right to withdraw from this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

To exercise your right of withdrawal, you must contact us

Dr. THIEL GmbH
Florian-Geyer-Strasse 1
D-99510 Apolda / GERMANY
Fax: 0049 (0) 3644/516616
Email: info@dr-thiel.net

by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the sample withdrawal form (Download) (/templates/thiel/pdf/Muster-Widerrufsformular.pdf), which is not mandatory.

In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation

If you withdraw from this agreement, we will have to repay all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different type of delivery than the cheapest standard delivery we offer ), immediately and no later than fourteen days from the day on which the notification of your cancellation of this contract has been received by us. The same means of payment used in the original transaction will be used for this repayment unless expressly agreed otherwise with you;  In no case will you be charged for this repayment fees.

You have the goods immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract

Dr. THIEL GmbH
Florian-Geyer-Strasse 1
D-99510 Apolda / GERMANY

to be returned or handed over. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You bear the immediate costs of returning parcel shipping goods. Non-parcels will be picked up at your place.

You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.

Exclusion of the right of withdrawal

The right of withdrawal does not exist

1) in the case of distance selling contracts for the supply of goods which are manufactured according to customer specifications or clearly tailored to personal needs or which by their nature are not suitable for return or can spoil quickly or whose expiration date would be exceeded;

2) in the case of distance selling contracts for the supply of audio and video recordings or of software, provided that the delivered data carriers have been unsealed by you;

3) in the case of distance selling contracts for the delivery of newspapers, and magazines, unless you have made your contract declaration by telephone;

(4) in the case of distance selling contracts relating to the supply of goods or the provision of financial services whose price is subject to fluctuations on the financial market over which we have no control and which may arise within the period of withdrawal, in particular services related to Shares, shares issued by an investment company or foreign investment company and other tradable securities, currencies, derivatives or money market instruments.

General information

1) Please avoid damage and contamination of the goods. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against transport damage.

2) Please do not return the goods to us if possible. We will gladly reimburse you for the postage costs if you do not want to carry them yourself.

3) Please note that the aforementioned paragraphs 1 to 2 are not a prerequisite for the effective exercise of the right of withdrawal.

§ 5 Warranty
1) In the case of defectiveness of a purchased item delivered by us, our customers are entitled to the rights resulting from the law (see § 437 BGB).

The buyer can demand as supplementary performance at his own choice the elimination of the defect or the delivery of a defect-free product. Please contact us in case of defects in the purchased item.

2) The claims of our buyers for supplementary performance or for damages or for the reimbursement of futile expenditures (§ 437 No. 1, 3 BGB) expire in 2 years. The resignation or the reduction due to the defectiveness of the purchase item are ineffective, if the subsequent performance is barred.

3) If the customer acts as an entrepreneur, the seller has the choice of supplementary performance, for new goods, the limitation period for defects 1 year from the transfer of risk, the statute of limitations does not start again if a replacement delivery occurs within the framework of liability for defects.

If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial investigation and reprimanding duty pursuant to Art. § 377 HGB.

§ 6 Liability
The seller is liable to the customer from the concluded contractual relationship
- in case of intent or gross negligence,
- intentional or negligent injury to life, body or health,
- on the basis of a guarantee, unless otherwise stipulated,
- due to mandatory liability as an example according to the Product Liability Act.

If the seller negligently violates a material contractual obligation, the liability is limited to the contract-typical, foreseeable damage, unless, as stated above, liability is unlimited.

Incidentally, a liability of the seller is excluded.

§ 7 Retention of title

The goods remain the property of the company Dr. THIEL GmbH until the final payment.

In the case of goods purchased by the buyer from the seller in the course of an ongoing business relationship, the seller reserves the ownership until all his claims against the buyer from the business relationship, including future claims, also from simultaneous or later concluded contracts, have been settled.

If the reserved goods are processed by the buyer to a new movable thing, the processing takes place for the seller, without the latter being obliged to do so. The new thing becomes the property of the seller. When processing together with goods not belonging to the seller, the seller acquires co-ownership of the new object according to the ratio of the value of the reserved goods to the other goods at the time of processing. The buyer is entitled to resell, use or install the reserved goods only in the ordinary course of business and only with the proviso that the claims are transferred to the seller. The buyer is not entitled to other dispositions of the reserved goods, in particular pledging or transfer by way of security.

 
§ 8 Sales tax
All prices include statutory VAT.

Distance sales are always subject to VAT at the place of shipment. However, if the sender exceeds certain delivery thresholds, the sales tax is payable where the buyer is located (country of destination principle). This applies if the buyer is a private individual.

 
§ 9 Disposal
We follow the gem. Packaging Ordinance prescribed take back and recycling requirements. After use, you can simply recycle our packaging via the "yellow bag" or the "yellow bin" or via the waste paper collection. You can hand in your old electrical appliances for free at a municipal collection point.
 
§ 10 Payment
The payment has acc. the agreement according to the offer or invoice. If this agreement is not in writing, then payable after 8 days without deductions.

Any agreed discounts will not be granted if the buyer is in arrears with the payment of previous deliveries.

The refusal or retention of payment are excluded if the buyer knew the defect or other reason for complaint at the time of conclusion of the contract. This also applies if he has remained unknown to him as a result of gross negligence, unless the seller has fraudulently concealed the defect or any other reason for complaint or provided a guarantee for the quality of the goods.

 
§ 11 Jurisdiction
Jurisdiction for all disputes arising from this contract is Apolda, as far as the customer is a merchant, a legal entity under public law or a public special fund. This jurisdiction does not apply to consumers. For legal disputes with consumers, the general jurisdiction rules of the ZPO apply.
 
§ 12 Alternative Dispute Resolution
The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform is via the external link

https://ec.europa.eu/consumers/odr

to reach. We are not obliged to participate in a conciliation procedure under the VSBG and unfortunately can not offer to participate in such a procedure.

Contact

Dr. THIEL® GmbH
Florian-Geyer-Straße 1
D-99510 Apolda / GERMANY

Phone+49 3644 5166 - 0
Fax+49 3644 5166 - 16
E-Mail info@dr-thiel.net

Contact us