Terms & Conditions

for the online shop at the URL


https://www.tobiaszimpel.com/


operated by


Jan-Tobias Zimpel

Toppmannsweg 16

33659 Bielefeld


Email: info@tobiaszimpel.com

Phone number: +49 1579 2460321


- hereinafter referred to as the "Provider" -

1. Scope

These General Terms and Conditions (GTC) apply, upon their inclusion, to all contracts for the purchase of goods, services, or other items (hereinafter "Goods") in the online shop at the above-mentioned URL in their valid version at the time of contract conclusion. These GTC apply exclusively. Deviating terms and conditions of the customer do not become part of the contract unless expressly agreed to by the Provider.

2. Conclusion of Contract

2.1 The offers in the online shop constitute a non-binding invitation by the Provider to visitors to the online shop to submit an offer to purchase the goods offered in the shop.


2.2 The order of the goods is made through the online order form of the Provider. After selecting the desired goods, entering all required information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (Order). By placing the order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer's offer. Acceptance occurs when the Provider confirms the conclusion of the contract in writing or in text form (e.g., by email) (order confirmation) and sends this order confirmation to the customer or by delivering the ordered goods to the customer, or by requesting payment from the customer (e.g., invoice or credit card payment in the ordering process) and sending the payment request to the customer. The decisive factor for the time of conclusion of the contract is the time at which one of the alternatives mentioned in the first half-sentence occurs for the first time.


2.3 Before submitting the order through the online order form of the Provider, the customer can review and correct his entries at any time using the usual keyboard, mouse, touch, or other available input functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch, or other available input functions.


2.4 The Provider will save the contract text after the conclusion of the contract and transmit it to the customer in text form (e.g., by email). The Provider will not make the contract text available beyond this. If the purchase is made through a customer account in the online shop, the customer can view his orders and the associated order data there.


2.5 The following languages are available for the conclusion of the contract: English

3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Details can be found in the withdrawal policy, which is made available to every consumer at the latest immediately before the conclusion of the contract.

4. Payment, Default

4.1 The prices listed in the online shop at the time of the order apply. All prices include statutory value-added tax and additional shipping costs, if any, are listed separately. The available payment methods are communicated to the customer in the online shop of the Provider.


4.2 If payment by credit or debit card is agreed upon, the purchase price becomes due immediately after the conclusion of the contract.


4.3 If payment via "PayPal" is agreed upon, the purchase price becomes due immediately after the conclusion of the contract. The payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

5. Retention of Title

The purchased goods remain the property of the Provider until the purchase price has been fully paid.

6. Delivery and Reservation of Self-Supply

6.1 Unless otherwise agreed, delivery will be made to the delivery address specified by the customer within the delivery time stated in the online shop. The applicable delivery times can be found in the online shop.


6.2 Pickup of the purchased goods is not possible.


6.3 If the Provider is unable to deliver the ordered goods because it has not been supplied itself without its own fault, although it has concluded a congruent covering transaction with a reliable supplier in a timely manner, the Provider will be released from its obligation to perform and may withdraw from the contract. The Provider is obligated to inform the customer immediately about the impossibility of performance. Any consideration already provided by the contractual partner will be refunded immediately. Mandatory consumer rights remain unaffected by this paragraph.

7. Warranty

The regulations of statutory liability for defects apply.

8. Liability

8.1 The Provider is liable without limitation:

  • for damages resulting from the violation of life, body, or health, which are based on an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
  • for damages based on an intentional or grossly negligent breach of duty by the Provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
  • due to a guarantee promise, unless otherwise agreed in this regard; due to mandatory liability (e.g., under the Product Liability Act).


8.2 If the Provider negligently breaches a material contractual obligation, its liability is limited to the contract-typical, foreseeable damage, unless unlimited liability applies according to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.


8.3 Otherwise, liability of the Provider and the liability of its vicarious agents and legal representatives are excluded.

9. Data Protection

The Provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. Further details can be found in the Provider's privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Convention, as long as this choice of law does not result in the consumer being deprived of mandatory legal provisions of the law of his country of residence.


10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the Provider's registered office is competent, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no place of residence within the European Union. The seat of our company can be found in the heading of these GTC.


10.3 Insofar as a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract remain unaffected.

11. Information on Online Dispute Resolution / Consumer Dispute Resolution

The EU Commission provides an online dispute resolution platform on the internet under the following link: https://ec.europa.eu/consumers/odr.


The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.


You can find our email address in the heading of these GTC.

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