Our terms and conditions
GENERAL TERMS AND CONDITIONS WEBSHOP - END CUSTOMERS
General Terms and Conditions of Sale of TiCad GmbH & Co. KG for consumers and revocation
Article 1: Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") shall apply to the provision of services by TiCad GmbH & Co. KG, Heegwaldstraße 3-5, D-63674 Altenstadt (hereinafter referred to as "TiCad") vis-à-vis purchasers of products manufactured and distributed by TiCad, in particular golf trolleys and accessories (hereinafter referred to as "Product" or "Products"), provided that the purchasers are natural persons who have completed the age of 18 and conclude the contract for a purpose that cannot be attributed to their commercial or self-employed professional activity (consumers within the meaning of § 13 BGB) (hereinafter referred to as "Customer").Article 2: Conclusion of contract
(1) The presentation of the products in brochures or on TiCad's website does not constitute a binding offer by TiCad to conclude a purchase contract. The customer is hereby merely invited to make an offer by placing an order.
(2) The order signed by the customer is a binding offer. TiCad may accept this offer within two weeks by sending an order confirmation or by sending/delivering/handing over the products.Article 3: Prices and payment
(1) Prices include sales tax and packaging costs. Delivery and shipping costs within D and A are included in the prices. The shipping costs to other countries depend on the order value, the place of shipment and the shipping method. and will be clearly communicated to the customer before submitting the binding order.(2) Payment shall be made in advance, by bank transfer, in the case of collection in cash or by EC card upon collection. The deduction of cash discount is only permissible in case of a special written agreement. TiCad reserves the right to demand advance payment.
(3) In case of payment in advance, the customer will receive a request for payment from TiCad with the order confirmation. The invoice amount shall be transferred within 10 days after receipt of the order confirmation.
(4) Unless otherwise agreed, the purchase price is to be paid by bank transfer within 10 days after delivery. After expiry of the payment deadline, the customer shall be in default. TiCad reserves the right to claim default interest and a higher damage caused by default. In case TiCad claims a higher damage caused by default, the customer has the possibility to prove that the claimed damage caused by default did not occur at all or at least in a significantly lower amount.
Article 4: Terms of delivery
(1) Unless an expressly binding delivery date has been agreed upon, the delivery date or the delivery period indicated by TiCad shall exclusively be non-binding information.
(2) The customer may request TiCad in writing to deliver within a reasonable period 6 weeks after exceeding a non-binding delivery date. If TiCad culpably fails to meet an express delivery date or is in default for any other reason, the customer must set a reasonable grace period for performance. If TiCad allows the grace period to expire fruitlessly, the customer is entitled to withdraw from the purchase contract.
(3) If the customer is in default of acceptance or culpably violates other duties to cooperate, TiCad is entitled to demand compensation for the damage resulting therefrom, including any additional expenses. Further claims remain reserved. For his part, the customer reserves the right to prove that a damage in the demanded amount has not occurred at all or at least considerably lower. The risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.
(4) Further legal claims and rights of the customer due to a delay in delivery remain unaffected.
(5) TiCad will deliver the ordered products using the shipping method chosen by the customer to the delivery address specified in the order.
Article 5: Retention of title
(1) The delivered products shall remain the property of TiCad until full settlement of all claims arising from the purchase contract, in particular the purchase price.
(2) The customer is obliged to treat the products with care So long as the ownership has not yet passed to him. If maintenance and inspection works have to be carried out, the customer has to carry them out in due time at his own expense. So long as the ownership has not yet passed to him, the customer is to inform TiCad immediately in writing if the delivered product is seized or exposed to other interventions of third parties. If the third party is not able to reimburse TiCad for the judicial and extrajudicial costs of an action according to § 771 ZPO (German Code of Civil Procedure), the customer is liable for the loss incurred by TiCad.Article 6: Warranty and limitation of liability
(1) Unless the information contained in the brochures, advertisements and other offer documents has been expressly designated as binding by TiCad, the illustrations or drawings contained therein are only approximately authoritative.
(2) If the product does not have the quality agreed upon between TiCad and the customer or if it is not suitable for the use stipulated in the contract or for the use in general or if it does not have the properties which the customer could expect according to TiCad's public statements, TiCad shall be obliged to supplementary performance. This does not apply if TiCad is entitled to refuse subsequent performance due to legal regulations.
(3) The customer shall initially have the choice whether the subsequent performance shall be effected by rectification of defects or replacement delivery. However, TiCad is entitled to refuse the type of subsequent performance chosen by the customer if it is only possible with disproportionate costs and the other type of subsequent performance remains without considerable disadvantages for the customer. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the customer shall be excluded. A subsequent improvement shall be deemed to have failed with the unsuccessful third attempt unless something else arises in particular from the nature of the product or the defect or the other circumstances. If the subsequent performance has failed or if TiCad has refused the subsequent performance altogether, the customer may, at his discretion, demand a reduction of the purchase price (abatement) or declare the withdrawal from the contract, in which case the period of use will be deducted.
(4) The voluntary warranty granted by TiCad on its products amounts to 2 years on electronic components and 5 years on frame parts for newly manufactured products. The legal warranty obligation remains unaffected yet is reduced to one year for used products.
(5) TiCad does not assume any warranty for damages which have been partly caused by the following circumstances: Unsuitable or improper use, faulty assembly, or faulty commissioning by the customer or by third parties engaged by the customer, natural wear and tear, faulty or negligent handling, use of unsuitable operating materials or substitute materials, improper chemical, electromechanical or electrical influences, unless the damage is due to TiCad's fault.
(6) The customer may only assert claims for damages under the following conditions due to the defect if the supplementary performance has failed or TiCad has refused the supplementary performance. The right of the customer to assert further claims for damages under the following conditions remains unaffected. TiCad is not liable for damages to golf trolleys and any consequential damages that occur when using the optional remote control due to collision, fall and water damage.
(7) TiCad shall be liable without limitation insofar as the cause of damage is based on an intentional or grossly negligent breach of duty by TiCad or a legal representative or vicarious agent of TiCad. Furthermore, TiCad is liable for the slightly negligent violation of essential obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and the compliance with which the customer regularly relies on. In this case, however, TiCad shall only be liable for the foreseeable damage typical for the contract. TiCad is not liable for the slightly negligent violation of other obligations than those mentioned above. The above limitations of liability do not apply in case of injury to life, body, and health, for a defect after assumption of a guarantee for the quality of the product and in case of fraudulently concealed defects. The liability according to the product liability law remains unaffected. As far as the liability of TiCad is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
(8) Leather is a natural product. For this reason, the leather of the delivered product may deviate from color samples, in particular with regard to structure, color tone, gloss and surface grain. Likewise, differences may arise in the tanning and dyeing process and/or in the craftsmanship. Such deviations do not constitute a defect. They do not entitle the customer to refuse acceptance, nor do they constitute a defect giving rise to a claim for rectification of defects and/or replacement delivery and/or return of the products. Nor do such deviations entitle the customer to a reduction of the purchase price or a withdrawal from the contract.
Article 7: Set-off and rights of retention
The customer has the right to set-off only if his claims are legally established or undisputed. The customer is also entitled to set-off against claims of TiCad if he asserts notices of defects or counterclaims from the same purchase contract. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.Article 8: Data protection
When initiating, concluding, processing and rescinding a purchase contract, TiCad shall collect, store and process data within the scope of the statutory provisions. TiCad assures that personal data will not be passed on to third parties unless TiCad would be legally obliged to do so or the customer has expressly consented to this beforehand. Personal data provided by the customer when placing an order or by e-mail (e.g. name, contact data) will only be processed for correspondence with the customer and only for the purpose for which the customer has provided them to TiCad. In order to process payments, TiCad will pass on payment data to the credit institution commissioned with the payment. As far as retention periods according to commercial and tax law have to be observed, the duration of storage of certain data may be up to 10 years. If the customer no longer agrees with the storage of personal data or if such data has become incorrect, TiCad will arrange for the deletion, correction or blocking of the data upon a corresponding instruction within the framework of the legal provisions. Upon request, the customer will receive free of charge information about all personal data TiCad has stored about the customer.
Article 9: Information according to the battery law (BattG)
Some of the TiCad products are equipped with batteries or accumulators. Therefore, TiCad points out the following to the customers according to the BattG:
Please make sure to return your old batteries/accumulators to a communal collection point or to your local retailer, as required by law. Disposal in the ordinary household waste is prohibited and violates the battery law. The return is free of charge for customers. You are also welcomed to return batteries/rechargeable batteries purchased from us to us free of charge after use. Lithium-ion batteries can be shipped as dangerous goods only if they do not have defects or visible housing damage, as well as no temperature changes or odors are perceived on the batteries. The return of the batteries / accumulators to us must be sufficiently stamped in any case. Returns of batteries/accumulators are to be addressed to: TiCad GmbH & Co KG, Heegwaldstraße 3-5, 63674 Altenstadt.
Batteries and rechargeable batteries containing harmful substances are clearly marked with the symbol of a crossed-out garbage can. Furthermore, the symbol of the crossed-out garbage can contains the chemical name of the corresponding pollutants. Examples are: (Pb) lead, (Cd) cadmium, (Hg) mercury. You also have the possibility to read this information again in the accompanying documents of the delivery of goods or in the operating instructions of the respective manufacturer. Further detailed information on the Battery Ordinance can be obtained from the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (www.bmu.de/abfallwirtschaft) .
Article 10: Information according to the Battery Act (BattG)
1. some of the TiCad products are equipped with batteries or accumulators. Therefore, TiCad points out the following to the customers according to the BattG:
Please make sure to return your old batteries/accumulators to a communal collection point or to your local retailer, as required by law. Disposal in the ordinary household waste is prohibited and violates the battery law. The drop-off is free of charge for customers. You are also welcome to return batteries/battery packs purchased from TiCad to TiCad free of charge after use. Lithium-ion batteries can only be shipped as dangerous goods, provided that they do not show any defects or recognizable case damages, as well as no temperature changes or smells are noticeable on the batteries. The return of batteries/battery packs to TiCad must be made with sufficient postage in any case. Returns of batteries/accumulators are to be addressed to: TiCad GmbH & Co KG, Heegwaldstraße 3-5, 63674 Altenstadt.
2. Batteries and rechargeable batteries containing harmful substances are clearly marked with the symbol of a crossed-out garbage can. Furthermore, the chemical designation of the corresponding pollutants is located next to the symbol of the crossed-out trash can. Examples are: (Pb) lead, (Cd) cadmium, (Hg) mercury. The customer can also refer to this information again in the documents accompanying the delivery of goods or in the operating instructions of the respective manufacturer. Further detailed information on the Battery Ordinance is available from the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (www.bmu.de/abfallwirtschaft).
Article 10: CANCELLATION OF CONTRACTS CONCLUDED OUTSIDE OF BUSINESS SPACES AND REMOTE BUSINESSES
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient.
To exercise your right of withdrawal, you must inform us by means of a clear statement (eg a letter sent by mail, or e-mail) about your decision to revoke this contract.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period. The revocation is to be sent to:
TiCad GmbH & Co KG
Heegwaldstraße 3-5
63674 Altenstadt
Mail: info@ticad.de
T.: +49 (0)6047 987 90-0
You can use the attached cancellation form for the cancellation, which is, however, not mandatory. You can also fill out and submit the sample revocation form or another clear declaration electronically on our website www.ticad.de. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
- End of the legal cancellation policy -
A right of withdrawal does not apply to goods that have been made to customer specifications or clearly tailored to personal needs.
Cancellation form
If you want to revoke the contract, please fill out this form and send it back.
To TiCad GmbH & Co KG
Heegwaldstraße 3-5
63674 Altenstadt
Dear Sir or Madam,
herewith I/we (*) revoke the contract concluded by me/us (*)
for the purchase of the following goods/provision of the following service (*)
___________________________________________________________________________
Ordered on (*) / received on (*)
___________________________________________________________________________
Name of the consumer(s)
___________________________________________________________________________
Address of the consumer(s)
___________________________________________________________________________
Signature of the consumer(s) (only in case of paper communication)
___________________________________________________________________________
Date
___________________________________________________________________________
(*) Please delete where not applicable.
Article 11: Miscellaneous
The law of the Federal Republic of Germany shall apply to these GCS and all legal relationships between TiCad and the customer, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence If the customer does not have a general place of jurisdiction in Germany, the registered office of TiCad shall be the non-exclusive place of jurisdiction.
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part or contain a loophole, the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the provision that achieves the economic success intended by the invalid or unenforceable provision in a permissible manner as far as possible shall apply. This shall apply in the same way to loopholes.GENERAL TERMS AND CONDITIONS WEBSHOP - TRADING PARTNERS
General Terms and Conditions for the Sale of Goods to Trade Partners, via the Online Shop of TiCad GmbH & Co KG
Article 1 Scope of application, clientele
1. These general terms and conditions (hereinafter referred to as "webshop GTC") of TiCad GmbH & Co. KG, Heegwaldstraße 3-5, 63674 Altenstadt (hereinafter referred to as "TiCad") shall apply to the sale of golf trolleys and accessories (hereinafter referred to as "Products") via the online store of TiCad (hereinafter referred to as "Webshop").
2. The Webshop GTC shall only apply vis-à-vis entrepreneurs within the meaning of § 14 of the German Civil Code (hereinafter "BGB"), legal entities under public law or special funds under public law. These webshop GTC do not apply to natural persons who conclude the contract for a purpose that cannot be attributed to their commercial or independent professional activity (§ 13 BGB - Consumer). In addition to the verification of the entrepreneurial status within the framework of the order process, TiCad is entitled to demand proof of the entrepreneurial status by presenting suitable and current documents, e.g. extract from the commercial register or business registration.
3. All agreements made between the customer and TiCad result from the following regulations, the offer of the customer and the acceptance by TiCad. Any terms and conditions of the customer deviating from these GTC shall not apply. Possible counter-confirmations by the customer with reference to his own terms and conditions of business and/or purchase are hereby expressly rejected. These General Terms and Conditions shall also apply if TiCad performs services for the customer without further reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
4. the products are only sold to customers who are domiciled in the Federal Republic of Germany or Austria and who provide a delivery address in Germany or Austria.
Article 2 Registration
1. before sending an order you have to register as a customer in the TiCad webshop and prove your entrepreneurial status.
2. the user receives a separate access identification with which he can register in the webshop. The user is obliged to keep these identifications secret and not to give them to any third party for use. Should the access identification and/or password be lost, the user shall immediately inform TiCad thereof and have the data blocked.
Article 3 Conclusion of contract, product illustrations in the webshop
1. The presentation of the product range in the web store does not represent a binding offer in the legal sense, but remains non-binding. Images in our web store of products that can be individually configured are for illustrative purposes. However, since the appearance of the respective product depends on the individual configuration, the illustrations do not claim to be complete and correct.
2. the customer can initially place the products in the webshop without obligation in the shopping cart and view or correct the entries at any time before sending a binding order, using the correction tools provided and explained for this purpose in the ordering process. By clicking the order button, the customer places a binding order for the goods contained in the shopping cart. The confirmation of the receipt of the order will be sent by email immediately after sending the order. The contract is concluded upon acceptance by TiCad. By placing the order, the customer confirms that the contract is made in the exercise of commercial or self-employed professional activity. TiCad accepts the order by sending a declaration of acceptance in a separate email, by fax, by mail or by delivery of the goods.
3. special designs/individualized products can be requested individually in the webshop. TiCad will send an offer for this purpose after the request, which can be accepted by the customer within five (5) days by email, fax or mail.
Article 4 Delivery
1. Unless otherwise agreed between the parties, TiCad shall be free to decide on the mode of shipment, in particular the choice of carrier, shipping route and packaging. The parties agree that in case of dispute it is incumbent on the customer to prove the non-arrival of a delivery.
2. the risk of accidental loss and accidental deterioration of the ordered products as well as the risk of delay shall pass to the customer upon delivery of the products to the third party entrusted with the shipment (forwarding agent, carrier, etc.).
3. As a rule, the delivery of ordered products is carried out as a total delivery. TiCad will only make partial deliveries if (i) the partial delivery is usable for the customer within the scope of the contractual intended purpose, (ii) the delivery of the remaining ordered products is ensured and (iii) the customer does not incur any significant additional expenses or costs as a result thereof (unless TiCad agrees to bear such costs).
4. If the customer is in default of acceptance or if the delivery to the customer is delayed for other reasons for which the customer is responsible, TiCad is entitled to claim compensation for the resulting damage including additional expenses (e.g. storage costs). TiCad is entitled to claim a lump-sum compensation in the amount of 0.5% of the delivery price per calendar week, however, a maximum compensation in the amount of five (5)% of the delivery price. The proof of a higher damage as well as legal claims of TiCad (in particular compensation of additional expenses, reasonable compensation, termination) shall remain unaffected; the aforementioned lump sum shall in any case be credited against further monetary claims. The customer has the option to prove that TiCad has not suffered any damage at all or that the damage is significantly lower than the aforementioned lump sum.
Article 5 Prices and terms of payment
1. all prices shown in the webshop are exclusive of the valid value added tax as well as shipping costs.
2. For purchases in the webshop, TiCad generally offers the payment methods prepayment and Paypal. TiCad reserves the right not to offer certain payment methods for each order and to refer to other payment methods. TiCad can only execute the order after receipt of the payment. Depending on the means of payment, the following provisions shall apply in addition:
a. Advance payment: After acceptance of the order by TiCad, the customer shall transfer the purchase price to the account of TiCad. TiCad will send the bank details and the purpose of payment to be indicated to the customer with the order confirmation.
b. Payment by Paypal is possible subject to the PayPal terms and conditions of use, available at www.paypal.com. This requires that the customer opens a PayPal account or already has such an account.
3. the dispatch of the products takes place free of shipping costs, provided that the invoice amount amounts to more than 249.99 € net. Otherwise, the following costs will be incurred for shipping.
Shipping within Germany (including VAT)
We calculate the shipping costs for trade partners based on the following scale:
- up to 99,99 Euro order value shipping costs amount to 5,95 Euro
- from 100,00 Euro to 249,99 Euro order value shipping costs amount to 9,95 Euro
- from 250,00 Euro order value the shipping is free of charge
Shipping to Austria (including VAT)
We calculate the shipping costs according to the following scale:
- up to 249,99 Euro order value shipping costs amount to 19,95 Euro
- from 250,00 Euro order value the shipping is free of charge
Article 6 Retention of title
1. until full payment of all present and future claims, TiCad retains ownership of the products ordered and delivered to the customer. The products subject to retention of title may neither be pledged to third parties nor assigned as security before full payment of the secured claims. The customer shall immediately notify TiCad in writing if and to the extent that third parties have access to these products.
2. If TiCad takes back the delivery item in exercise of its right of retention of title, this shall only constitute a withdrawal from the contract if TiCad expressly declares this. TiCad may satisfy itself from the taken back goods subject to retention of title by private sale.
3. The customer has the possibility to resell and/or process the products subject to retention of title in the ordinary course of business. In this case, the following provisions shall apply in addition.
4. The retention of title shall extend to the products resulting from processing, mixing or combining of TiCad's products at their full value, whereby TiCad shall be deemed to be the manufacturer. If, in case of processing, mixing or combination with products of third parties, their right of ownership remains, TiCad shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. Apart from that, the same applies to the resulting product as to the products delivered under retention of title.
5. The customer hereby assigns to TiCad by way of security the claims against third parties arising from the resale of the products or the product in total or in the amount of TiCad's co-ownership share, if any, in accordance with the preceding paragraph. TiCad accepts the assignment. The customer's obligations to notify TiCad as set forth in paragraph 1 above shall also apply in view of the assigned claims.
6. . the customer remains authorized to collect the claim besides TiCad. TiCad undertakes not to collect the claim as long as the customer meets his payment obligations towards TiCad, is not in default of payment, no application for the opening of insolvency proceedings has been filed and there is no other deficiency in his ability to pay. If this is the case, however, TiCad may demand that the customer discloses the assigned claims and their debtors to TiCad, provides all information required for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.
7. if the realizable value of the securities exceeds the claims of TiCad by more than ten (10)%, TiCad will release securities of TiCad's choice upon the customer's request.
Article 7 Claims for defects of the customer
1. The customer's claims for defects presuppose, insofar as the customer is a merchant within the meaning of the German Commercial Code, that the customer has complied with its statutory obligations to examine the goods and to give notice of defects. If a defect becomes apparent during the inspection or later, TiCad must be notified thereof in writing without delay. The notification shall be deemed to be made without delay if it is made within five (5) working days, whereby the timely dispatch of the notification shall suffice to meet the deadline. Independently from this duty to examine and to give notice of defects the customer has to give notice of obvious defects (including wrong and short delivery) within five (5) working days from delivery in written form, whereby the timely sending of the notice is sufficient to meet the deadline. If the customer fails to duly inspect the goods and/or give notice of defects, the warranty and liability for the undisclosed defect shall be excluded.
2. In the event of a defect in the products, the customer may demand that the defect be remedied (rectification) or that a defect-free item be delivered (replacement). If the customer does not declare which of the two rights he chooses, TiCad may set him a reasonable deadline for this. If the customer does not make the choice within the time limit, the right of choice is transferred to TiCad upon expiration of the time limit. The customer is only entitled to withdraw from the purchase contract or to reduce the purchase price if the supplementary performance has failed or if a reasonable deadline set by the customer for the supplementary performance has expired unsuccessfully or is dispensable according to the statutory provisions. In case of an insignificant defect there is no right to withdraw from the contract.
3. TiCad is entitled to make the subsequent performance owed dependent on the customer paying the purchase price due. However, the customer is entitled to retain a reasonable part of the purchase price in relation to the defect.
The customer must give TiCad the time and opportunity required for the owed subsequent performance, in particular to hand over the products complained about for examination purposes. In case of a replacement delivery, the customer must return the defective item according to the legal regulations.
4. The warranty shall not apply if the customer modifies an ordered product or has it modified by a third party without TiCad's consent and if the elimination of defects becomes impossible or unreasonably difficult as a result. In any case, the customer must bear the additional costs for the removal of defects resulting from the modification.
If there is a defect, TiCad shall bear the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labor and material costs. In case of an unjustified request of the customer to remedy the defect, TiCad is entitled to reclaim/request the resulting costs.
5. Leather is a natural product. For this reason, the leather of the delivered product may deviate from color samples, especially regarding structure, color tone, gloss and surface grain. Likewise, differences may arise in the tanning and dyeing process and/or in the craftsmanship. Such deviations do not constitute a defect. They do not entitle the customer to refuse acceptance nor do they constitute a defect giving rise to a claim for rectification of defects and/or replacement delivery and/or return of the products. Likewise, such deviations do not entitle to a reduction of the purchase price or a withdrawal from the contract.
Article 8 Liability
1. TiCad shall be liable without limitation insofar as the cause of damage is based on an intentional or grossly negligent breach of duty by TiCad or a legal representative or vicarious agent of TiCad. Furthermore, TiCad is liable for the slightly negligent violation of essential obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and the compliance with which the customer regularly relies on. In this case, however, TiCad shall only be liable for the foreseeable damage typical for the contract. TiCad is not liable for the slightly negligent violation of other obligations than those mentioned above. The above limitations of liability do not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in case of fraudulently concealed defects. The liability according to the product liability law remains unaffected. As far as the liability of TiCad is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
2. If a damage is due to a fault of TiCad as well as to a fault of the customer, the customer must allow his contributory negligence to be taken into account. In particular, it is to be considered as a predominant fault of the customer if the customer fails to point out to TiCad the risk of unusually high damages.
3. TiCad is not liable for damage to golf trolleys and any consequential damage caused by collision, fall and water damage when using the optional remote control.
Article 9 Industrial property rights
TiCad expressly reserves property rights and copyrights to such product descriptions or documents which have been handed over to the customer - also in electronic form - within the scope of the business relationship, irrespective of whether this handing over has taken place before or after a contractual offer by the customer.
Article 10 Limitation
1. Notwithstanding Section 438 (1) No. 3 of the German Civil Code (BGB), the general limitation period for claims arising from defects of quality and title shall be one (1) year from the passing of risk. Insofar as acceptance has been agreed, the limitation period shall commence upon acceptance. This shall be without prejudice to special statutory provisions for claims for surrender in rem by third parties, in the event of fraudulent intent and for claims under supplier's recourse in the event of final delivery to a consumer (§ 479 BGB).
2. The above limitation periods of the law on sales shall also apply to contractual and non-contractual claims for damages of the customer based on a defect of the products, unless the application of the regular statutory limitation period would lead to a shorter limitation period in the individual case. The limitation periods of the Product Liability Act shall remain unaffected in any case.
Article 11 Data protection
1. TiCad processes the customer's data required for the business transaction in compliance with the data protection regulations.
2. the employees of TiCad have been obliged to maintain data secrecy. Accordingly, the employees are prohibited from processing or using personal data outside of the lawful performance of their duties. This also applies as far as data are concerned which come to the knowledge of the employees due to their activity for customers or suppliers. This obligation shall remain in force even in the event of a change of duties or after termination of the employment relationship. Employees are informed that violations of data secrecy are punishable by law and may have consequences under employment law.
Article 12 Misc.
1. The law of the Federal Republic of Germany shall apply to these Webshop GTC and all legal relations between TiCad and the customer, excluding all international and supranational (contractual) legal systems, in particular the UN Convention on Contracts for the International Sale of Goods. Requirements and effects of the retention of title according to Article 6 of these Webshop GTC are, however, subject to the law of the respective location of the item, as far as the choice of law made in favor of German law is inadmissible or ineffective thereafter.
2. If the customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, the exclusive - including international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Hanau.
3. should individually provisions of these webshop terms and conditions be or become invalid or unenforceable in whole or in part, the validity and enforceability of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the provision that achieves the economic success intended by the invalid or unenforceable provision in a permissible manner as far as possible shall apply. This shall apply in the same way to loopholes.
Effective May 2021
FURTHER GENERAL TERMS AND CONDITIONS AND AEB
GTC for other sales channels::
GTC for services::
AEB