General Terms and Conditions of Sale of TiCad GmbH & Co. KG
Article 1: Scope of Application
These General Terms and Conditions of Sale (hereinafter referred to as 'GTC') apply to all services provided by TiCad GmbH & Co. KG, Heegwaldstr. 3-5, D-63674 Altenstadt, Germany (hereinafter referred to as 'TiCad') to Customers in relation to Products manufactured and sold by TiCad, in particular golf trolleys and golf trolley accessories (hereinafter referred to as 'Product' or 'Products'), provided said Customers are natural persons that have taken out this contract for purposes unrelated to either their employment or self-employment ('consumers' in terms of § 13 German Civil Code (BGB) (hereinafter referred to as 'Customer').
Article 2: Conclusion of Contract
(1) Presentations of Products in brochures or on TiCad's website do not constitute binding sales offers, but are merely an invitation for Customers to submit an offer by placing an order.
(2) Orders signed by Customers constitute binding offers. TiCad can accept such offers within a period of two weeks by providing the Customer with a written Order Confirmation or by sending/delivering/handing over the Products in question.
Article 3: Prices and payments
(1) Prices include VAT, packaging costs and the costs for delivery and shipping within Germany and Austria. Shipping costs depend on the number of Products ordered, the shipping destination and the type of dispatch, and will be made explicit to the Customer before the order becomes binding.
(2) Payments can be made either by transfer in advance, in cash or with an EC card on collection or delivery. If payment is made in advance, TiCad will include its bank details in the Order Confirmation. Cash on delivery is subject to an additional charge of Euro 15 levied by the deliverer. Cash discounts require separate written agreement.
(3) Unless agreed otherwise, the sales price is payable within 10 days of delivery. Following expiry of this payment period, the Customer will be in default. TiCad charges interest for default to the amount of 5 % above the relevant base rate p. a. and reserves the right to demand a higher damage for delay rate. In the event that TiCad demands higher damages for delay, the Customer shall be entitled to prove that TiCad has not actually incurred the damages claimed or that they are of a significant lesser value than claimed.
Article 4: Delivery terms
(1) Delivery dates or delivery periods specified by TiCad shall not be binding unless TiCad and the Customer have expressly agreed a binding delivery date.
(2) Customers shall be entitled to submit a written request to TiCad to deliver a Product within an appropriate period of time once the non-binding delivery date has been exceeded by 6 weeks. In the event that TiCad fails to meet a specific delivery deadline because of negligence or delays delivery for another reason, the Customer must grant TiCad an appropriate extension period for the delivery. Should TiCad fail to deliver the Product within this extension period, the Customer shall be entitled to withdraw from the sales contract.
(3) If the Customer defaults the acceptance of a delivery or negligently breaches any other obligations to co-operate, TiCad shall be entitled to demand compensation for the damage arising from the same, including for potential extra costs incurred. This does not affect TiCad's right to additional claims. The Customer shall be entitled to submit proof that there has not been any damage to the stated amount or only to a significantly lower amount. The risk of accidental loss or accidental deterioration of the Product shall pass to the Customer at the moment that he is in default of acceptance or payment.
(4) This does not affect any of the Customer's other legal entitlements and rights associated with delayed delivery.
(5) TiCad will dispatch the ordered Products to the delivery address specified in the order using the Customer's chosen shipping method.
Article 5: Retention of title
(1) The delivered Products will remain the property of TiCad until full payment of all claims arising from the sales contract and of the sales price in particular.
(2) The Customer has a duty to handle the Products with care while they are still TiCad's property. In the event the Products have to undergo maintenance work or inspections, the Customer shall be liable for having these performed in good time and at his own cost. The Customer must notify TiCad immediately in writing if the supplied Product has been seized or is being intervened with in other ways by third parties whilst still the property of TiCad. If the third party is unable to reimburse TiCad for the legal and out-of-court costs associated with a legal action in accordance with § 771 of the German Code of Civil Procedure (ZPO), the Customer shall be liable for the loss incurred by TiCad.
Article 6: Warranty and limitation of liability
(1) Unless specifically designated as binding by TiCad, all images or drawings provided in brochures, advertisements and other written materials only constitute approximations.
(2) If a Product fails to exhibit the characteristics agreed between TiCad and the Customer or is unsuitable for the uses on which the contract is based or for general use or does not have the qualities that the Customer could expect based on the information published by TiCad, TiCad must remedy this defect (subsequent performance). This does not apply if TiCad is entitled to refuse remedying this defect (subsequent performance) under legal regulations.
(3) The Customer shall be entitled to choose for the defect to be remedied by repair or through a replacement. However, TiCad shall be entitled to refuse the type of remedy chosen by the Customer if said remedy is only possible at disproportionately high cost and the alternative remedy does not give rise to any significant disadvantages for the Customer. During the period the remedy is provided or period of subsequent performance, TiCad shall not be entitled to reduce the sale price and the Customer shall not be entitled to withdraw from the contract. Subsequent performance or remedying the defect shall be considered as having failed if the third attempt at doing so is unsuccessful unless the type of Product or type of fault or other conditions in particular give rise to something different. If subsequent performance or remedying the defect has failed or if TiCad refused subsequent performance/remedying the defect on the whole, the Customer shall, at his discretion, be entitled to choose a reduction in the sales price or to withdraw from the contract, with respect to which the period for which the Product has been in use will also be taken into consideration.
(4) The voluntary warranty period provided by TiCad for its Products amounts to 2 years for electronic components and to 5 years for the frame components of new Products. TiCad's warranty period for used Products is 1 year and commences on the date of risk-transfer. All BICONIC products come with a 2-year warranty. The above does not affect Customers' statutory warranty rights, but reduces the warranty period for used Products to one year.
(5) TiCad does not accept any liability for damage arising in connection with the following: Unsuitable or inappropriate use, incorrect assembly or the Product being incorrectly commissioned by the Customer or a third-party acting on his behalf, natural wear, incorrect or careless use, use of unsuitable operating resources or substitute materials, inappropriate chemical, electromechanical or electrical influences, provided the damage is not TiCad's responsibility.
(6) Customers shall only be entitled to claim damages for the defect subject to the following conditions if subsequent performance/remedying the defect has failed or if TiCad refused subsequent performance/remedying the defect. This does not affect the Customer's right to claim further damages at the following conditions. TiCad does not accept any liability for damage to golf trolleys and potential subsequent damage arising from collisions, falls and water damage in connection with the use of the optionally available remote control.
(7) TiCad shall be fully liable for damage arising from a deliberate or grossly negligent breach of duty by TiCad or one of its legal representatives or assistants. TiCad shall furthermore be liable for slight negligence of essential duties whose violation jeopardises the achievement of the Contract's purpose, and violation of duties whose fulfilment forms the basis of the proper performance of the Contract and whose fulfilment Customers regularly depend on. However, in such a case, TiCad shall only be liable for foreseeable damage typical of the contract. TiCad does not accept liability for slight negligence other than the aforementioned duties. The above limitations of liability do not apply in the event of injury to life, limb or health, to faults on a Product provided with a guarantee concerning the Product's characteristics, and in the event of fraudulently concealed faults. This does not affect TiCad's liability as specified under the Product Liability Act. Where TiCad is not liable or only has limited liability, this also applies to the personal liability of its employees, representatives and assistants.
(8) Leather is a natural Product. For this reason, the colour, shade, structure, smoothness and surface texture of the leather components of the Product supplied to you may differ from any colour samples you may have seen. These kinds of differences can also be the result of the tanning and dying process and/or the way the leather is processed. These kinds of differences do not constitute a material defect and do not entitle Customers to refuse acceptance of the Product, to complain, or to a repair and/or replacement of the Product, and/or to return the Product. These kinds of differences furthermore do not entitle Customers to demand a reduction of the purchase price or to withdraw from their sales contract.
Article 7: Set-off and Right of Retention
Customers shall be entitled to set-off only if their claims have been legally established or are undisputed. Customers are also entitled to set-off against TiCad's claims if claiming compensation or making counterclaims arising from the same sales contract. Customers are only entitled to the right of retention to the extent that their counterclaim arises from the same contractual relationship.
Article 8: Data protection
TiCad collects, stores and processes data in line with data protection law when preparing, completing, processing and reversing a sales contract. TiCad does not provide personal data to third parties unless where legally required or Customers have given their express consent. TiCad will only use personal data that Customers provide when placing an order or in an email (e.g. name and contact data) for corresponding with the Customer and only process the same for the purpose for which they were provided. TiCad will furthermore provide the bank through which payment is made with payment data when processing payments. Where having to comply with trade and tax-related storage periods, TiCad may store certain data for a period of up to 10 years. If a Customer no longer consents to having their personal data stored by TiCad or if the data are no longer correct, TiCad will delete, correct or block the data in line with data protection law upon Customers' request. Customers can be provided with information on the personal data that TiCad has stored about them at any time and free of charge upon request.
Article 9: Information pertaining to the Battery Act (BattG)
Some of TiCad's Products are equipped with batteries or rechargeable batteries. For this reason, Customers are hereby notified of the following in line with the Battery Act:
Please dispose of old batteries/rechargeable batteries at a communal collection point or by handing them over to local retailers as specified by the legislator. Batteries and rechargeable batteries must not be disposed of as domestic waste. Doing so constitutes a breach of the Battery Act. Customers are not charged for disposing of batteries by returning them to retailers. Lithium-ion batteries can only be shipped as dangerous goods if they are not damaged, the battery housing doesn’t show any identifiable signs of damage, the battery’s temperature hasn’t changed and if they do not smell abnormally. You can also return the batteries/rechargeable batteries bought from us to us after use free of charge. If doing so, the package in which the batteries are returned must always have sufficient postage. To return batteries/rechargeable batteries, please send them to: TiCad GmbH & Co. KG, Heegwaldstr. 3-5, D-63674 Altenstadt, Germany.
Batteries and rechargeable batteries that contain hazardous substances have to be clearly marked as such with the crossed out wheelie bin symbol. Such batteries must furthermore contain a list of the relevant hazardous substances at the crossed out wheelie bin symbol. Example substances include: (Pb) lead, (Cd) Cadmium, (Hg) Quicksilver. This information is also Issue: February 2019 Page 5 of 5 General Terms and Conditions of Sale of TiCad GmbH & Co KG provided in the documents accompanying your delivery or the relevant manufacturer's operating manual. Please contact the German Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety for more information on the Battery Act (www.bmu.de/abfallwirtschaft).
Article 10: Other
(1) These GTC´s and all legal relationships between TiCad and Customers shall be governed by the law of the Federal Republic of Germany with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This does not apply to the Consumer Protection Laws of the country in which the Customer is normally resident.
(2) In the event any of the provisions of these GTC´s and Conditions are or become invalid or inexecutable in whole or part or contain a loophole, this shall not affect the remaining provisions. In this event, the ineffective or inexecutable provision shall be replaced with a provision that comes as close as possible to achieving the economic purpose originally pursued with the ineffective or inexecutable one. The same applies for loopholes.