General Terms and Conditions
for the online store at the URL
operated by
TPH group GmbH
Limburger Str. 76a
65555 Limburg
E-Mail: info@tph-group.de
Telephone: 064319712860
- in the following: Provider -
1. Scope of application
These General Terms and Conditions (GTC) apply after their inclusion to all contracts for the purchase of goods, services or other goods (hereinafter “goods”) in the online store at the above URL in the version valid at the time of conclusion of the contract. These GTC apply exclusively. Deviating general terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to them.
2. Conclusion of contract
2. 1 The offers in the online store represent a non-binding invitation by the provider to online store visitors to submit an offer to purchase the goods offered in the store.
2.2 The goods are ordered via the provider's online order form. After selecting the desired product(s), entering all mandatory information requested and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the bottom of the checkout page (order). By placing an order, the customer submits a binding contractual offer to purchase the selected product(s). The contract is concluded when the provider accepts the customer's offer. Acceptance takes place when the provider confirms the conclusion of the contract in writing or text form (e.g. by e-mail) (order confirmation) and this order confirmation is received by the customer or by delivering the ordered goods and these goods are received by the customer or by requesting payment from the customer (e.g. invoice or credit card payment in the order process) and the payment request is received by the customer; the time at which one of the alternatives mentioned in the first half-sentence occurs for the first time is decisive for the time of conclusion of the contract.
2.3 Before binding submission of the order via the provider's online order form, the customer can check his entries and correct them at any time using the usual keyboard, mouse, touch or other input functions available. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch or other input functions available.
2.4 The provider will save the text of the contract after the contract has been concluded and send it to the customer in text form (e.g. by email). The provider will not make the contract text accessible beyond this. If the purchase has been made via a customer account in the online store, the customer can view his orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: German, English
3. Right of withdrawal
Commercial customers have no right of withdrawal.
4. Payment, delay
4.1 The prices listed in the online store at the time of ordering apply. All prices are subject to the statutory value added tax and any shipping costs listed. The customer is informed about the available payment options in the provider's online store.
4.2 If “advance payment” has been agreed, the purchase price is due immediately after conclusion of the contract.
4.3 If “purchase on account/purchase on account” has been agreed, payment is due immediately after conclusion of the contract, unless a different payment term has been specified in the invoice or in the purchase process.
4.4 If payment via “PayPal” has been agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
5. Retention of title
The purchased goods remain the property of the supplier until the purchase price has been paid in full.
6. Delivery and reservation of self-delivery
6.1 Unless otherwise agreed, delivery shall be made within the delivery time specified in the online store to the delivery address specified by the customer. The applicable delivery times can be found in the online store.
6.2 In the case of deliveries by forwarding agents, delivery shall be “free kerbside” unless otherwise agreed This means delivery to the nearest public kerbside to the specified delivery address.
6.3 If the supplier is unable to deliver the ordered goods because it has not been supplied itself through no fault of its own, even though it has concluded a congruent covering transaction with a reliable supplier in good time, the supplier shall be released from its obligation to perform and may withdraw from the contract. The supplier is obliged to inform the customer immediately of the impossibility of performance. Any payments already made by the contractual partner shall be reimbursed immediately. Mandatory consumer law remains unaffected by this paragraph.
7. Notice of defects and warranty
1. Before further use, the goods must be checked for quality and functionality in accordance with the manufacturer's specifications. Any deviations must be reported to TPH group in writing immediately, at the latest 8 days after delivery. The full burden of proof, in particular for the defect itself, lies with the customer.
2. If the delivery item is defective, TPH group shall, at its discretion, provide subsequent performance by repair or replacement. Repairs shall be carried out at a location of TPH group's choice. In the event of subsequent performance, TPH group shall not be obliged to bear the expenses necessary for this purpose, in particular transport, travel, labor, and material costs. If it is not possible or economically reasonable to remedy the defect, TPH group shall be entitled to terminate the contract. Used components are sold to the exclusion of any liability for material defects. There shall be no claims for subsequent performance in the event of only insignificant deviations from the agreed quality or only insignificant impairment of usability. Further rights remain unaffected by this.
3. If the subsequent performance fails, is impossible, is seriously and definitively refused by TPH group as a whole, or is unreasonable for the client, the client is entitled, at its discretion, to reduce the purchase price (abatement) or to demand the rescission of the contract (withdrawal).
4. If the customer chooses to withdraw from the contract due to a defect after subsequent performance has failed, they shall not be entitled to any additional claims for damages due to the defect. The customer must allow for a usage benefit to be offset. For every 50 operating hours of the purchased item, a usage benefit of 1% of the gross sales price shall be offset.
5.TPH group's warranty obligation shall not apply: a) In the event of modification, maintenance, or repair of the purchased item by the customer without the written consent of TPH group b) In the event of incorrect, improper, or negligent use or handling of the purchased item by the customer c) In the event of culpable failure to observe the operating instructions and maintenance instructions. d) In the event of natural wear and tear or other circumstances for which TPH group is not responsible. e) If the customer does not grant TPH group reasonable time and opportunity to carry out repair work or replacement deliveries within the scope of its authorization. f) In the event of the use of lubricants or oils of unsuitable specification or other unsuitable operating materials. g) In the event of failure to use original spare parts or use of spare parts not expressly approved by TPH group.
6. The customer shall only be entitled to recourse claims if no agreements exceeding the statutory claims for defects, e.g., goodwill arrangements, have been made.
7. The obligation to pay damages and reimburse futile expenses within the meaning of § 284 BGB (German Civil Code) due to material defects is otherwise governed by § 8. Any claims of the customer due to material defects that go beyond or differ from those regulated in § 7 are excluded.
8. Claims for defects—regardless of their legal basis—shall become time-barred after 12 months for new products; for refurbished units, this limitation period shall be reduced to 6 months. Notwithstanding this, the statutory periods shall also apply to claims under the Product Liability Act and in cases of intentional or fraudulent conduct.
8. Liability
8.1 The provider has unlimited liability:
- for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damages caused by an intentional or grossly negligent breach of duty by the provider or by an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
- on the basis of a guarantee promise, insofar as no other provision has been made in this respect;
- due to mandatory liability (e.g. under the Product Liability Act)
8.2 If the provider negligently breaches a fundamental contractual obligation, its liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the preceding paragraph. Essential contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
8.3 In all other respects, liability of the provider and the liability of its vicarious agents and legal representatives is excluded.
9. Data protection
The provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. For more details, please refer to the provider's privacy policy.
10. Final provisions
10.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer with habitual residence in the EU being deprived of the mandatory statutory provisions of the law of his country of residence.
10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the registered office of the provider shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer is not domiciled within the European Union. The registered office of our company can be found in the heading of these GTC.
10.3 Insofar as a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected by this.
11. Information on online dispute resolution / consumer arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Our e-mail address can be found under the heading of these GTC.
