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 concluded between you and us as the provider (tigogreen gmbH) via the website www.tigogreen.de. Unless otherwise agreed, the inclusion of any of your own conditions used is hereby rejected.

(2) 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 activity. Entrepreneur is any natural or legal person or a legal partnership with legal capacity who acts in the exercise of their self-employed professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of Contract

(1) The subject matter of the contract is the sale of goods.

(2) By listing the respective product on our website, we submit 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 call up the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there.
After clicking the button "Checkout" or "Proceed to Order" (or a similar designation) and entering your personal data as well as payment and shipping conditions, you will finally see the order data as an order overview.
If you use an immediate payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or forwarded to the website of the provider of the immediate payment system.
If redirected to the respective immediate payment system, you make the corresponding selection or entry of your data there.
Finally, on the provider’s website of the immediate payment system or after you are redirected back to our online shop, you will be shown the order data as an order overview.
Before submitting the order, you have the opportunity to review, change (also via the browser’s "back" function), or cancel the order in the order overview.
By submitting the order via the corresponding button ("order with obligation to pay," "buy" / "buy now," "order with costs," "pay" / "pay now" or similar designation), you declare legally binding acceptance of the offer, thereby concluding the contract.

(4) Your inquiries for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by e-mail), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partly automatically via e-mail. You must therefore ensure that the e-mail address you provide to us is correct, that receiving e-mails is technically ensured, and in particular not prevented by spam filters.

§ 3 Contract Term / Termination of Subscription Contracts

(1) The subscription contract concluded between you and us has an indefinite term. The contract can be terminated by either party with a notice period of one month to the end of the month (unless otherwise regulated in the respective offer).

(2) The right to immediate termination for good cause remains unaffected.

(3) Any termination must be declared and transmitted either in text form (e.g., e-mail) or via the termination button embedded on our website ("Cancel contracts here" or similar designation).

§ 4 Special Agreements on Offered Payment Methods

(1) Payment via "PayPal" / "PayPal Checkout"
When choosing a payment method offered via "PayPal" / "PayPal Checkout," the payment processing is handled 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 shown to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use other payment services for processing payments; if special payment conditions apply, you will be separately informed. More information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 5 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it relates to claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following applies additionally:
a) We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled. Pledging or transferring ownership as security of the reserved goods before ownership passes is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice value arising from the resale; we accept this assignment. You are authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us upon your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of securities to be released is at our discretion.

§ 6 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of this before submitting the contract declaration and the deviation was expressly and separately agreed between the parties.

(4) If you are an entrepreneur, the following warranty rules apply deviating from the above:
a) Only our own specifications and the manufacturer's product description are agreed as the condition of the goods, but not other advertising, public praise, or statements by the manufacturer.
b) In case of defects, we will choose to remedy defects by repair or replacement delivery. If the defect remedy fails, you may demand a reduction or withdraw from the contract at your choice. The defect remedy is considered failed after the second unsuccessful attempt unless something else results especially from the nature of the goods or defect or other circumstances. In case of repair, we are not required to bear increased costs caused by transporting the goods to another place than the place of fulfillment unless the transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply to:

• damages caused culpably by us affecting life, body, or health and in cases of intentional or grossly negligent damage to other damage;

• cases where we have fraudulently concealed the defect or have given a guarantee for the condition of the item;

• items used in accordance with their usual application for a building and caused its defectiveness;

• legal recourse claims that you have against us in connection with warranty rights.

§ 7 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the protection granted by mandatory provisions of the law of the consumer's habitual residence (principle of favorability).

(2) Place of performance for all services from the business relationship with us and 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 your residence or habitual abode is unknown at the time the action is brought. The right to also bring an action at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention do not apply.

II. Customer Information

1. Identity of the Seller

tigogreen gmbH
Borsigstr. 1
51381 Leverkusen
Germany
Phone: +4915128044448
E-Mail: info@tigogreen.de

Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the Conclusion of the Contract
   The technical steps for concluding the contract, the contract conclusion itself, and correction possibilities are carried out according to the provisions "Conclusion of Contract" in our General Terms and Conditions (Part I).

3. Contract Language, Contract Text Storage

3.1. Contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved via the browser's print function. After receipt of the order by us, the order data, the legally required information in distance contracts, and the General Terms and Conditions are sent to you again by e-mail.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data within a binding offer in text form, e.g., by e-mail, which you can print or save electronically.

4. Codes of Conduct

4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential Characteristics of the Goods or Services
   The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and Payment Methods

6.1. The prices listed in the respective offers as well as shipping costs are total prices. They include all price components including all applicable taxes.
6.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition, unless free shipping is promised.
6.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you.
6.4. Money transfer costs (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state but payment is made outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise stated for individual payment methods, payment claims under the concluded contract are due immediately.

7. Delivery Conditions

7.1. Delivery conditions, delivery time, and possible delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, the risk of accidental loss and accidental deterioration of the sold item passes to you only upon handover of the goods, regardless of whether shipment is insured or uninsured. This does not apply if you have commissioned a transport company or other person to execute the shipment who is not designated by the entrepreneur.
If you are an entrepreneur, delivery and shipment are at your risk.

8. Statutory Warranty Rights
   Warranty rights are governed by the regulation "Warranty" in our General Terms and Conditions (Part I).

9. Contract Term / Termination
   Information on contract terms and termination conditions can be found in the provision "Contract Term / Termination of Subscription Contracts" in our General Terms and Conditions (Part I) and in the respective offer.

These Terms and Conditions and Customer Information were created by IT law specialists of Händlerbund and are constantly reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last update: 22.10.2024