Terms of service
General Terms and Conditions
Version: 01.05.2018
1. Area of application of the terms and conditions
1.1 For the business relationship between the Tackle24.de Neumann und Feldmann OHG, Walther-Rathenau-Strasse 4, 64521 Gross-Gerau /Germany and the customer, solely the following terms and conditions in the version current at the time of the conclusion of contract apply.
We do not accept conflicting or deviating terms and conditions of purchase from our terms and we contradict these terms and conditions. The current version of the terms and conditions is available at www.tackle24.de or on request.
In addition to these terms and conditions, the license conditions for the product as provided by the manufacturers apply. Product names and logos are property of manufacturers and may not be used without permission. Product images are exemplary illustrations of the delivered products and may differ from the delivered products. Deviating conditions of the purchaser are not accepted.
1.2 Orders and deliveries into countries are possible, if they are currently selectable in the country-box of our online shop and if it is legally possible. If you require a delivery to a different country, we will try to help you.
1.3 These Terms and Conditions supersede and replace all previous versions.
1.4 Our information and offers regarding the equipment and product specifications are subject to change. Printing errors and omissions excepted. In view of the continuous technical development and improvement of products we reserve the right to make changes in design and execution. This also applies for but is not limited to modifications for maintaining the ability to deliver and for price adjustments.
Current prices at: www.tackle24.de
2. Conclusion of Contract
2.1 The presentation of products in our online shop does not represent a legally binding offer, but a non-binding online-catalogue. By clicking the button \"purchase” you place a binding order for the goods in the shopping cart. The acknowledgement of receipt of the order follows immediately after sending the order and does not yet constitute acceptance of the contract. Alternatively you can send a written order or make a telephone order. We can accept your order by sending an order confirmation via e-mail or by delivery of the goods within five days.
2.2 Contract language in Germany is German, in all other countries German or English.
3. Exercise the right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.
To exercise the right of withdrawal, you must inform us
Tackle24.de Neumann und Feldmann OHG
Walther-Rathenau-Strasse 4
64521 Gross-Gerau
Germany
Phone: +49 (0)6152 8059880
Fax: +49 (0)6152 8059881
Email: info@tackle24.de
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
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Model withdrawal form
Please complete the form and send it to Tackle24.de Neumann und Feldmann OHG, Walther-Rathenau-Strasse 4, 64521 Gross-Gerau, Germany, Fax: +49 (0)6152 8059881, email: info@tackle24.de
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods: - Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date
(*) Delete as appropriate
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Effects of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of withdrawal instructions
Exclusion of the right of withdrawal:
The right of withdrawal does not apply to distance selling contracts for the delivery of goods which are manufactured according to customer’s specifications or which are clearly tailored to personal requirements or which are not suitable for return due to their condition or which can quickly deteriorate or whose expiration date would expire.
4. Prices
4.1 The listed prices in our Online-Shop at the time of order are valid for deliveries. In the catalogue and in the online shop with chosen status \"private customer\" shown prices include sales tax (VAT). In case of an increase in sales tax (VAT), Tackle24.de Neumann und Feldmann OHG is obliged to charge the new tax rate. This applies also for price increases on the book market due to legal price-fixing as well as for articles which are labeled \"daily prices\".
4.2 All prices are plus shipping costs. The shipping costs are calculated depending on the weight of the packages and the country of destination. When the chosen payment is Cash on Delivery, an increased shipping cost lump sum will be charged (in Germany). The shipping cost lump sum per country and weight are listed at: www.tackle24.de/shippingcosts
4.3 The unit net price/total net price as well as the additional costs (expenses, valid VAT / VAT rate) are listed in the shopping cart and the invoice.
4.4 Minimum amount of order without transportation fee is 15,00 € including sales tax (VAT).
4.5 Special offers in our shop can be limited in time or quantity. Details are provided in the product description.
5. Payment terms
5.1 Payment methods within Germany:
• Cash on delivery (COD), In case of COD we charge a higher transport cost lump sum (see section 5.2)
Tackle24.de Neumann und Feldmann OHG reserves the right, as a safeguard against risks of creditworthiness in individual cases, to rule out specific methods of payment and carry out deliveries only against prepayment.
The payment options outside Germany are listed per country:
www.tackle24.de/payments
5.2 Payment delay
In the event of payment delay we reserve the right to charge to you interest at a rate of 5% above the current rate of the Deutsche Bundesbank base interest rate.
You are free to prove that no or only minor financial loss has arisen due to payment delay.
Furthermore, we have the right to refuse any shipments also from other contracts. We are not liable for any loss resulting from this non-delivery.
6. Delivery/partial delivery/replacement delivery
6.1 Delivery of the ordered goods is subject to correct and timely supply and the provision that we shall not be held responsible for the lack of availability of these goods.
You are not entitled to compensation for late or incomplete delivery unless in the case of gross negligence.
We reserve the right to deliver goods of an equal value in price and quality. You can return it for free, If the alternatively delivered product does not meet your expectations.
If a product becomes unavailable or is for legal reasons no longer available, Tackle24.de Neumann und Feldmann OHG is entitled to withdraw from the contract. In this case we will inform you immediately and refund the received payments.
If an Article is not available for a short time, we reserve the right to decide whether a subsequent supply shall be carried out free of charge or the article in the invoice marked with \"new order please\".
6.2 Partial shipments are separate deliveries. The customer is not entitled to refuse them
6.3 Transport damage
If the delivered goods have suffered visible damage, the customer has the right to refuse acceptance of the shipment. In case of acceptance of these faulty deliveries the damages have to be documented and confirmed in writing by the person who delivers the parcel. Should you discover the damage after receiving the goods, or should there be hidden transport damages (packaging ok but contents damaged), please contact your the carrier within 3 working days upon receipt so that a notification about the damaged shipment can be created.
Please send us the completed form and the damaged goods as soon as possible so that the replacement delivery can be executed.
7. Retention of title
7.1 The delivered goods shall remain the property of Tackle24.de Neumann und Feldmann OHG until full and final payment of the sale price.
8. Software, licenses, literature
8.1 In many cases, additional terms of license (e.g. software) of the manufacturer beyond our terms and conditions may apply. By opening the sealed package or starting to use the goods you accept the terms and conditions and become liable for any infringement and the resulting loss in value that may occur.
9. Warranty
9.1 We ensure that the delivered goods are free of material defects in accordance with the respective technical standard, i.e. that they are suitable for the intended or normal use and have a quality that is usual for products of the same type.
9.2 For entrepreneurs, in their commercial or independent professional activity, the warranty period is twelve months from delivery of the goods.
9.3 If your order can be assigned neither commercial nor your independent professional activity, the warranty period is 24 months from delivery of the goods.
10. Liability
10.1 Damage or compensation claims against Tackle24.de Neumann und Feldmann OHG are excluded except liability for damages to a person as well as liability for other damages resulting from intentional or grossly negligent breach of duty by Tackle24.de Neumann und Feldmann OHG, its legal representatives or agents. Tackle24.de Neumann und Feldmann OHG is also liable for such damages which have their basis in a fraudulent concealment of a defect or if the Tackle24.de Neumann und Feldmann OHG has issued a guarantee for the quality of the goods.
10.2 In the event that Tackle24.de Neumann und Feldmann OHG shall be liable for slight negligence, the liability is limited to typical contractual, foreseeable damage.
10.3 If Tackle24.de Neumann und Feldmann OHG has excluded or limited liability, this also applies to the liability of legal representatives, employees and agents of Tackle24.de Neumann und Feldmann OHG.
10.4 The aforementioned regulations state the full scope of liability of Tackle24.de Neumann und Feldmann OHG, its management, as well as its employees. Further liability is excluded.
11. Privacy Policy
11.1 A transfer of personal data to third parties for commercial purposes will not occur. Excluded are service partners who need the order data for order processing.
This includes transportation companies, our financial service partners, suppliers in case of warranty handling and possibly mailers for our own print advertising (e.g. catalogue).
11.2 The transmission of data to service partners is carried out according to provisions of the German Federal Data Protection Act and Telemedia Act. The extent of transmission is limited to the minimum.
11.3 The customer is at any time entitled to decline a use of his address data for advertising purposes for the future. The contradiction is to be sent to:
Tackle24.de Neumann und Feldmann OHG
Walther-Rathenau-Strasse 4, 64521 Gross-Gerau
Fax: +49 (0)6152 8059881
E-Mail: info@tackle24.de.
More information about data protection at Tackle24.de Neumann und Feldmann OHG can be found on our website: www.tackle24.de/Privacy .
12. Miscellaneous
12.1 If the customer is a businessperson according to § 14 BGB - in the German Civil Code, the place of performance for all mutual benefits of the contract is Gross-Gerau /Germany.
12.2 Orders transmitted several times - for whatever reason - must be clearly marked; otherwise the services will be performed repeatedly. Resulting costs will not be covered by Tackle24.de Neumann und Feldmann OHG in such cases.
12.3 Goods of public sale: Only the contractor of the Tackle24.de Neumann und Feldmann OHG can assert a warranty claim. This also applies for collective orders.
12.4 If any of these conditions in whole or in part are not legally valid, the validity of all other provisions shall remain unaffected.
13. Governing Law and Jurisdiction
13.1 This Agreement is governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on the International Sale of Goods shall not apply.
13.2 Jurisdiction is the current location of Tackle24.de Neumann und Feldmann OHG or another legal jurisdiction as chosen by Tackle24.de Neumann und Feldmann OHG, provided the customer is a merchant or a public corporation according to the German Commercial Code.
13.3 If the customer operates and orders as a private person, the provisions of section 14.1 and 14.2 leave untouched any mandatory legal regulations of the country in which the customer has his or her usual residence and from where he has acted in conclusion with the contract.
Identifiable address:
Tackle24.de Neumann und Feldmann OHG
Managing directors: Anette Neumann, Herta Feldmann
Walther-Rathenau-Strasse 4, 64521 Gross-Gerau
USt-IdNr.: DE 255803425
Tel.: +49 (0)6152 8059880
Fax : +49 (0)6152 8059881
E-Mail: info@tackle24.de
Personally liable partner:
Tackle24.de Neumann und Feldmann OHG
Walther-Rathenau-Strasse 4
64521 Gross-Gerau /Germany
Managing directors: Anette Neumann, Herta Feldmann
Copyright by:
Tackle24.de Neumann und Feldmann OHG