General Terms and Conditions

1. scope of application

The following GTC apply to all orders placed via our online store by consumers and entrepreneurs.

The following applies to Germany: According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

For Austria: In the following terms and conditions, “consumer” means “consumer” within the meaning of the Consumer Protection Act (KSchG).

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with Tirocco.com GmbH.

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent.

We will accept your offer within two days by

  • we issue a declaration of acceptance in a separate e-mail or
  • if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under “Payment”).

The relevant alternative for you depends on which of the events listed occurs first.

3. contract language, contract text storage

The language(s) available for the conclusion of the contract: German

We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login.

4. subject matter of the contract

4.1 Product description

Reference is made to the validity of the respective product description as an integral part of the contract.

4.2 Product images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you are unsure, please contact us:

Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and actual values may occur. Product colors possible.

5. terms of delivery

5.1 Shipping costs

The Standard shipping free shipping from an order value of 300 € in Germany, 600 € in Austria Euro incl. VAT.

5.2 Delivery options

Delivery options

We ship the products to the delivery address specified in the order process.

We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.

5.3 Delivery by forwarding agent

Making an appointment

In the case of forwarding deliveries, the forwarding company commissioned by us will contact you to agree a delivery date.

Place of delivery

Delivery of the goods shall be limited to transportation of the goods to the front door of the agreed delivery address. Delivery does not include delivery to specific premises or the assembly and/or installation of the ordered goods, unless expressly agreed otherwise./p>

Participation of the recipient

Unloading and any necessary subsequent transportation of the goods to the agreed place of delivery shall be carried out jointly by the forwarding agent driver and the recipient. Information on the packaging dimensions can be found in the offers.

The following applies to merchants: In deviation from the previous sentence, the recipient is responsible for unloading and any necessary subsequent transportation of the goods to the agreed place of delivery.

6. payment

6.1  Prices

The prices stated at the time of ordering apply. These are total prices and include statutory VAT.

6.2 Due date and default of payment

The price is due upon conclusion of the contract, unless a later date is specified in the following terms of payment.

The following applies to consumers: In the event of late payment, we reserve the right to charge you a fee of EUR 1.50 per reminder for the second and each subsequent reminder. You reserve the right to prove that the damage incurred is lower. Further claims remain unaffected by this.

The following applies to entrepreneurs: In the event of late payment, we reserve the right to charge you statutory interest on arrears at a rate of nine percentage points above the base interest rate and a lump sum of EUR 40. Further claims remain unaffected by this.

6.3 Payment methods

The following payment methods are available in our store.

PayPal, PayPal Express
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process.

PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

Apple Pay
In order to be able to pay the invoice amount via the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.

7. right of withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.

8. reservation of title

The product remains our property until full payment has been made.

For entrepreneurs, the following also applies: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

9. transportation damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment./p>

10 Warranty and guarantees

10.1 Liability for defects

This applies to consumers:
The statutory liability for defects shall apply.

This applies to entrepreneurs and merchants:
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or healt
• in the event of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

Restrictions vis-à-vis entrepreneurs

In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its normal use and has caused its defectiveness. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Note to merchants

The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

10.2 Warranties and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.

Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 08:00 to 12:30 and from 13:30 to 17:00 on the telephone number: 02602/9196490 or by e-mail to service@tirocco.com.

11. liability​​​​​​​

We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health,
  • in the event of intentional or grossly negligent breach of duty,
  • for guarantee promises, if agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

12. dispute resolution​​​​​​​

The European Commission provides a platform for online dispute resolution (OS), which you can use tohierfind. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

Should individual clauses of these GTC be invalid in whole or in part, the remainder of the contract shall remain valid. If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.