General Terms and Conditions of TMH Trading GmbH(as of 01.03.2022)
These General Terms and Conditions shall form the basis of any contract concluded between TMH Trading GmbH, FN 325836x, Ennser Straße 39, 4407 Steyr, Upper Austria, hereinafter referred to as "TMH", and its customers, hereinafter referred to as "Customer", for the purchase of goods via the online stores operated by TMH.
as well as all other webshops, internet presences and trading platforms operated by TMH.
These are browser-based web stores on which TMH advertises products from itself and contractual partners and offers them for sale itself via an integrated web store. The GTC shall also apply to all transactions concluded on site, by telephone or otherwise between TMH and customers. The contractual language is German.
1. scope of application of the GTC, definitions of terms & conclusion of contract
1.1. All services provided by TMH to customers in connection with the provision of advice and the conclusion and execution of purchase contracts for goods shall be based exclusively on these General Terms and Conditions. By clicking the checkbox in the shopping cart before placing the order "I have read and accepted the General Terms and Conditions of TMH Trading GmbH including the right of withdrawal", the Buyer agrees to these General Terms and Conditions and is bound by them.
1.2. TMH reserves the right to make changes to these GTC at any time. The contractual relationship with the Customer shall be governed by the GTC in force at the time the contract is concluded. These will also be sent to the customer together with the order confirmation.
1.3. Assortment: The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. In particular, changes in design and technology, which do not significantly affect the properties and function of the products, as well as deviations in description and illustration are reserved. All technical information on the individual products is based on the manufacturer's specifications.
1.4. In the case of articles that fall under the Ordinance on the Placing on the Market of Products Similar to Firearms and for which the sale to persons under 18 years of age is therefore prohibited, the contract shall - in addition to the provisions of these General Terms and Conditions - only come into effect upon proof of the legally required information on the person.
The customer must explicitly confirm the fact of being over 18 years of age and prove his age by sending a clearly legible photocopy of passport, identity card or other official photo ID showing the name and date of birth.
1.4. Order: An order exists when a customer submits an offer to TMH to purchase one or more goods from the platform's range. This is done by clicking the button "Order subject to payment" at the end of the ordering process via the goods contained in the shopping cart.
1.5. Order Confirmation: The Customer shall receive an order confirmation from TMH immediately after receipt of an order, which shall contain the goods ordered by the Customer together with their essential features, the total price including all ancillary costs and these GTC. Unless explicitly stated otherwise in the confirmation letter, the order confirmation shall not be deemed to be an acceptance of the order.
1.6. Acceptance: Acceptance shall take place within 7 working days from receipt of the order by TMH either by written notification or by delivery of the goods ordered by the Customer. If TMH does not wish to accept an order from the Customer, TMH shall notify the Customer thereof within 7 working days of receipt of the order.
1.7. Order confirmation: As part of the fulfillment of legal information obligations, TMH shall send the Customer a confirmation of the concluded contract as well as these GTC by e-mail immediately after the conclusion of the contract, but no later than upon delivery of the goods.
1.8. Prices: The prices displayed in the web store for the deliveries and services offered by TMH do not include transport costs. These are indicated in the shopping cart before placing the order. The invoicing is done in Euro. If in the course of shipping to countries outside the EU export or import duties are due, these are also borne by the customer (information on this is available to the customer at the relevant customs office). For sales to customers outside the EU, however, no sales tax is due.
For sales to customers who are not consumers within the EU, no Austrian VAT is due upon proof of the UID. However, these customers have to pay the VAT in their home country.
1.9. Information from the customer
For the supply and sale of certain categories of products (eg.
2. delivery conditions and delivery period
2.1. Delivery dates stated by TMH in the course of the order process shall generally be understood as non-binding and shall not become subject matter of the contract - unless explicitly agreed otherwise in writing.
2.2. If TMH is prevented from complying with any agreed delivery or performance deadline due to force majeure (e.g. strike, natural disasters) or other circumstances for which TMH is not responsible, TMH shall inform the Customer of the expected delay. Any agreed delivery or performance period shall be extended by the duration of such event.
2.3. The delivery takes place optionally by mail, GLS or with another delivery partner. TMH offers in principle a choice of several shipping companies, but the customer has no legal claim to the choice of a particular shipping company. It should be noted that "GLS - General Logistic Systems" does not deliver to packing stations.
2.4. The risk of accidental loss and accidental deterioration of the goods passes in the case of mail order purchase with the handover of the goods to the transport company. The customer does not bear any risk for the delivery. However, the risk shall pass to the customer upon acceptance of the goods. Should the goods show external damage upon acceptance, the customer, if he is a businessman, must absolutely complain about this directly to the deliverer upon acceptance and have it confirmed.
2.5. TMH ships throughout Europe; the respective transport costs result from the scope of an order as well as the destination and are displayed to the customer in the course of the ordering process before an order is placed.
2.6. TMH shall be entitled to execute an order for goods placed by the Customer in partial deliveries even without the Customer's corresponding request. In this case, however, TMH shall bear the additional shipping costs incurred as a result. The Customer shall be liable for any additional costs incurred due to a delivery in partial quantities requested by the Customer.
3. terms of payment
3.1. Unless otherwise agreed, the invoice amount is due for payment in advance.
3.2. The invoice amount for the online order can be paid by the customer by credit card (VISA, Eurocard/Mastercard), by Paypal, by prepayment.
3.3. TMH reserves the right to deliver to customers with negative credit information only with the aid of payment in advance or to refuse acceptance of the contract.
3.4. The Customer shall reimburse TMH for expenses and costs incurred as a result of reminders and appropriate legal action to the extent provided for by law. In this context, the Contractual Partner undertakes to reimburse TMH for any dunning and collection expenses incurred in the event of default, even in the event of default in payment through no fault of its own, insofar as they are necessary for appropriate legal prosecution and are reasonable in relation to the claim. In particular, the Customer undertakes to reimburse TMH for any costs incurred in connection with the involvement of a collection agency, provided that such costs do not exceed the maximum rates of remuneration due to collection agencies pursuant to the Ordinance of the Federal Ministry of Science and Research (BMWFJ).
3.5. In the event of default, TMH shall be entitled to claim statutory default interest without prior reminder. In addition, TMH shall be entitled to withdraw from the contract in the event of default of payment after setting a reasonable grace period of 14 days and to demand the return of goods already delivered from the Customer.
4. retention of title
4.1. All goods delivered by TMH shall remain its sole property until payment has been made in full.
4.2. The Customer is obliged to notify third parties of TMH's ownership in the event of execution or insolvency in due time so that TMH does not incur any costs or other adverse consequences as a result.
5. right of withdrawal and cancellation for consumers
START OF THE CANCELLATION POLICY FOR CONSUMERS
5.1. The customer is entitled to revoke his contractual declaration or an already concluded contract within fourteen days without giving reasons.
5.2. The revocation period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.
5.3. If the customer has purchased the goods as part of a single order and these goods are delivered separately, the withdrawal period begins on the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the last goods.
5.4. If TMH has not fulfilled its obligation to inform the Customer about the existence of the right of withdrawal (conditions, deadlines and procedure for exercising this right), the withdrawal period shall be extended by twelve months.
5.5. If TMH makes up for the provision of information within twelve months of taking possession of the goods, or in the case of separate delivery of the last goods, the withdrawal period shall end 14 days after the date on which the Customer received this information.
5.6. In order to exercise the right of withdrawal, the customer must inform TMH Trading GmbH by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of his decision to withdraw from this contract. The revocation must be addressed to TMH Trading GmbH, Ennser Straße 39, 4407 Steyr, Austria:
Phone: +43 7252 50900
By mail: TMH Trading GmbH, Ennser Straße 39, 4407 Steyr, Austria.
5.7. For this purpose, the customer may use the sample revocation form available on the websites of TMH Trading GmbH as a PDF download, but does not have to do so.
5.8. In order to comply with the withdrawal period, it is sufficient that the customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
6. consequences of the revocation
6.1. If the Customer revokes his contractual declaration or a contract that has already been concluded, TMH shall return to the Customer all payments that TMH has received from the Customer, including the delivery costs (with the exception of the additional costs resulting from the fact that the Customer has chosen a type of delivery other than the cheapest standard delivery offered by TMH), without undue delay and at the latest within fourteen days from the day on which the Customer received the notification of the revocation of this contract.
6.2. For this repayment, TMH shall use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer. TMH is not entitled to charge the Customer any fees due to this repayment. However, it shall be entitled to refuse repayment until it has received the goods back or the Customer has provided proof that it has returned the goods - in which case the earlier point in time shall be decisive.
6.3. The Customer shall return the goods to TMH Trading GmbH, Ennser Straße 39, 4407 Steyr, Austria, without undue delay and in any case no later than within fourteen days from the day on which the Customer has notified TMH of the revocation of this contract. The deadline is met if the Customer sends the goods before the expiry of the fourteen-day period. The customer has to bear the direct costs of the return.
6.4. In the following cases, the customer has no right of withdrawal:
In the case of a contract for the supply of goods that are made to customer specifications or clearly tailored to his personal needs.
In the contract for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery.
END OF THE CANCELLATION POLICY FOR CONSUMERS
TMH reserves all rights, in particular trademark and copyright, to the entire content of the website, in particular to trademarks, logos, texts, graphics, photographs, layout and music. Insofar as the use is not compulsorily permitted by law, any use of the contents of this website beyond the contractual performance obligations, in particular storage in databases, duplication, distribution or processing, requires the express written consent of TMH.
8 Warranty, guarantee and liability
8.1. The warranty shall be governed by the statutory provisions in force at the time of conclusion of the contract. Any voluntary warranty granted by TMH shall in no case limit the Customer's warranty rights.
8.2. In the case of a B2B transaction, the following shall also apply: The customer shall inspect the goods for defects/deviations within a reasonable period of 14 working days after delivery and notify any defects without undue delay, otherwise the goods shall be deemed approved.
8.3. The liability of TMH and its vicarious agents shall be limited in all legally permissible cases to compensation for damage caused by gross negligence or intent. This does not apply to liability for personal injury and under the Product Liability Act.
8.4. In all cases permitted by law, TMH's liability shall in any case be limited to the sum insured under TMH's liability insurance available at the time of the event.
8.5. Some of the photographs used by TMH to advertise products are sample photographs provided to TMH by the producer. These have been taken under professional conditions under certain lighting conditions and therefore do not necessarily show the appearance of a product in everyday use. TMH is therefore not liable for the fact that products correspond exactly to the photographs used for advertising.
9. special provisions for weapons purchases
9.1. Customers who order products for the acquisition, possession or import of which a special authorization (in particular for weapons subject to registration and authorization, weapon-relevant parts and ammunition within the meaning of the Austrian Weapons Act or War Material Act, the respective weapons laws of the customer's country of domicile as well as within the meaning of the EU Weapons Directive) or the attainment of an age limit is required, declare by their order vis-à-vis TMH Trading GmbH that the requirements are met and that no weapons ban has been imposed on them. They undertake to provide TMH Trading GmbH with proof of the authorizations required for the acquisition, possession or import at the same time as they place their order. The company TMH Trading GmbH shall be entitled to dispatch orders of products to be classified as weapons according to the EU Weapons Directive or other regulations only after presentation of the proof and clarification of its authenticity and, in case of its absence, to withdraw from the purchase contract without granting a grace period. In this case, any purchase price already paid will be refunded to the customer.
9.2. Irrespective of placing orders, commercial customers must provide evidence of their firearms licenses annually at the end of January and expressly indicate any changes in circumstances (in particular, restrictions on their licenses by official notice or changes in regulations in the importing country).
10. final provisions
10.1. Place of performance is the registered office of TMH in 4407 Steyr, Austria.
10.2. Any contract concluded with TMH shall be governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law. If the customer is a consumer with habitual residence in the EU, the mandatory consumer protection provisions of the law of the customer's country of residence shall also apply.
10.3. To the extent permitted by law, Austrian jurisdiction and the jurisdiction of the court having local and subject-matter jurisdiction for 4407 Steyr, Austria, is agreed.
10.4. Customers who are consumers also have the option of submitting complaints to the EU's online dispute resolution platform: http://ec.europa.eu/odr.
Customers may also submit their complaint directly to TMH at the following email address: firstname.lastname@example.org