Terms and Conditions

GENERAL TERMS AND CONDITIONS OF BUSINESS

1. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business is a natural or legal person or a legally capable partnership that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

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

2. Contracting parties, conclusion of contract, correction options

The purchase agreement is concluded with CLS Dafa GmbH.

By placing products in our online shop, we are making a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods in your shopping cart by clicking the order button. You will receive an order confirmation by email immediately after submitting your order.

3. Contract language, contract text storage

The language(s) available for concluding the contract: German

We save the contract text and send you the order details and our terms and conditions in written form. For security reasons, the contract text is no longer accessible online.

4. Delivery conditions

Shipping costs may apply in addition to the stated product prices. Further details regarding any applicable shipping costs can be found in the individual offers.

We only deliver via shipping. Unfortunately, self-collection of the goods is not possible.

5. Prices and payment terms

5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.

5.2. Shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition to the purchase price, unless free shipping is offered.

5.3. You are responsible for any costs incurred in transferring the money (transfer or exchange rate fees charged by credit institutions) if the delivery is made to an EU member state but the payment is initiated outside the European Union.

5.4.The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

5.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

6. Right of withdrawal

Consumers have the statutory right of withdrawal as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal. The right of withdrawal applies exclusively to new goods. The right of withdrawal is excluded for used goods.

7. Retention of title

The goods remain our property until full payment is received. For businesses, the following applies in addition: We retain title to the goods until all claims arising from the 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 hereby assign to us in advance all claims arising from this resale – irrespective of whether the goods subject to retention of title are combined or mixed with other goods – up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations. We will 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%.

8. Transport damage

For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to report the damage or contact us will not affect your statutory rights and their enforcement, in particular your warranty rights. However, your cooperation helps us to assert our own claims against the carrier or transport insurance company.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration passes to you as soon as we have handed the goods over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.

9. Warranty and Guarantees

9.1 Warranty Law

Unless expressly agreed otherwise below, the statutory warranty rights apply.

The following limitations and reductions of time limits do not apply to claims based on damages caused by us, our legal representatives or agents.

  • in case of injury to life, body or health
  • in the case of intentional or grossly negligent breach of duty as well as fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on whose compliance 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 on entrepreneurs

With respect to businesses, only our own specifications and the manufacturer's product descriptions incorporated into the contract constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims. For businesses, the limitation period for claims based on defects in newly manufactured goods is one year from the transfer of risk.

The statutory limitation periods for the right of recourse under Section 445a of the German Civil Code (BGB) remain unaffected.

Regulations concerning merchants

Merchants are subject to the duty to inspect and give notice of defects as stipulated in Section 377 of the German Commercial Code (HGB). If you fail to give the required notice, the goods are deemed accepted, unless the defect was not discoverable upon inspection. This does not apply if we have fraudulently concealed a defect.

9.2 Guarantees and Customer Service

Information on any applicable additional warranties and their exact terms can be found with the product and on special information pages in the online shop.

Customer service: Telephone: +49 7251 5098364, 9:00 AM - 5:00 PM (CET)

E-mail: support@twopoint.store

10. Liability

We are always liable without limitation for claims arising from damages caused by us, our legal representatives or agents.

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

In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations), caused by slight negligence on the part of us, our legal representatives, or vicarious agents, our liability is limited to the amount of the foreseeable damage that typically arises at the time of conclusion of the contract. All other claims for damages are excluded.

11. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can use to... here We are prepared to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.

12. Final Provisions

If you are an entrepreneur, then German law applies, excluding 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 place of business.