​Conditions
​General Terms and Conditions
1. Scope
The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with AS-Topnik, Michael Topnik.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. 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 in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The languages ​​available for the conclusion of the contract are German and English.
We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
4. Terms of delivery
We deliver free of charge within Germany.
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
We do not deliver to packing stations.
5. Payment
The following payment methods are generally available in our shop:
Credit card
When you place your order, enter your credit card details. After your legitimation as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
Immediately by Klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
Apple Pay
In order to be able to pay the invoice amount via Apple Pay, you must use the "Safari" browser with which the service provider Apple is registered, have activated the Apple Pay function, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You'll get more information during the ordering process.
Google Pay
In order to be able to pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You'll get more information during the ordering process.
Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you the purchase on account as a payment option. Please note that Klarna invoices are only available for consumers and that payment must be made to Klarna in each case. When purchasing on account with Klarna, you always get the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here [https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0].
Purchase on account and financing via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on account and installment purchase as a payment option. Please note that Klarna invoice and Klarna installment purchase are only available for consumers and that payment must be made to Klarna in each case.
Klarna installment purchase
With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least €6.95). Further information on Klarna installment purchase including the general terms and conditions and the European
standard information for consumer credit can be found here [https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account].
Klarna invoice
When purchasing on account with Klarna, you always get the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here [https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0].
6. Right of revocation
Consumers are entitled to the statutory right of revocation, as described in the instructions on revocation. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment.
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed 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.
8. Damage in transit
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
9. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory right to liability for defects shall apply.
The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place with the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide a warranty to entrepreneurs, at our discretion, by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of deadlines 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 health
• in the event of intentional or grossly negligent breach of duty or 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) •
in the context of a guarantee promise, if agreed
• insofar as the scope of the Product Liability Act has been opened.
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 shop.
10. Liability
We are always fully liable 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 case of intentional or grossly negligent breach of duty
• in the case of promises of guarantee, if agreed, or
• insofar as the area of ​​application of the Product Liability Act has been opened up.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.
For the rest, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
12. Final Provisions
If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.
Terms and Conditions [https://shop.trustedshops.com/de/rechtstexte/] created with the Trusted Shops [https://shop.trustedshops.com/de/] legal copywriter in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch.com ].