General terms and conditions
§ 1 Scope of application
The business relationship between the operator of the website www.together-gmbh.com of TOGETHER GmbH, Albert-Einstein-Str. 1 in 95028 Hof/Germany (hereinafter referred to as TOGETHER GmbH) and the customer, who has its registered office in Germany, shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the Buyer shall not be recognized. The Buyer waives the right to assert his own terms and conditions of purchase. These shall also not become part of the contract through our silence or through our delivery.
§ 2 Conclusion of contract
Our offer is aimed exclusively at commercial customers. The purchaser warrants that he is not a consumer, but a natural or legal person or a partnership with legal capacity acting in the exercise of his commercial or independent professional activity.
Please note that your inquiry is merely a non-binding request on your part to conclude a purchase contract with us. If you submit an inquiry on our website www.together-gmbh.com, you will receive an automatically generated e-mail (inquiry receipt confirmation) from our company confirming that we have received your inquiry and listing its details. However, this confirmation of receipt of inquiry does not constitute the conclusion of a purchase contract by us. This confirmation of receipt of inquiry is merely intended to inform you that we have received your inquiry. A purchase contract is only concluded when you receive an order confirmation from our company and you sign and return it to us. No purchase contract is concluded for products that are not listed in the order confirmation, even if they originate from one and the same inquiry.
If you have already made the payment, e.g. by prepayment, Paypal or Klarna/ Sofortüberweisung, but after checking your registration and order data we reject the delivery and thus the conclusion of a purchase contract or reject the delivery of parts of your order, we will refund the payment amount you have made for this order/partial order.
§ 3 invoice
The customer shall receive a proper commercial invoice together with the goods.
§ 4 disclaimer
It is agreed that there is no right of withdrawal or right of return.
Should the buyer wish to withdraw from the purchase contract, this must be negotiated with TOGETHER GmbH. In the event of an approved withdrawal from the purchase contract, a compensation fee of 35% of the total invoice amount will be charged to the buyer.
§ 5 Prices, packaging and shipping costs
All prices quoted are subject to VAT at the applicable rate ex our warehouse in 95028 Hof/Germany.
Packaging and shipping costs are calculated individually in the course of preparing the offer. The calculation is based on the assumption that the ordered goods are to be delivered in one shipment and only to one delivery address within Germany/ mainland/ valley station. The customer’s delivery acceptance times must be communicated. Partial deliveries are excluded, unless otherwise agreed before the order is placed. Please contact us for the costs of island delivery (German islands) or mountain station or telephone notification. If delivery is unsuccessful, the costs for a further delivery by a forwarding agent or parcel service will be charged to the customer.
Transport damage must be reported in writing to the transport service provider and the shipper, TOGETHER GmbH, immediately upon delivery. Later complaints are excluded.
§ 6 delivery and delivery time
After receipt of the order confirmation signed by you, we would ship the goods to you within the next 2 working days. If your order includes items for which a delivery time has been indicated in our store or in our order confirmation, the delivery time will be delayed by the period of time indicated there. Partial or advance deliveries are unfortunately not possible.
We are not bound to the stated delivery times if the buyer does not fulfill his obligations on time. If TOGETHER GmbH is unable to deliver the ordered goods through no fault of its own because the supplier of TOGETHER GmbH does not fulfill its contractual obligations, TOGETHER GmbH is entitled to withdraw from the contract with the purchaser. In this case, the customer shall be informed immediately that the ordered product is not available. The legal claims of the customer remain unaffected. If a delivery to the customer is not possible because the customer was not found at the delivery address provided by him, the customer shall bear the costs for the unsuccessful delivery as well as the costs for a further delivery.
Information on the delivery time is non-binding and shall be deemed to have been agreed only approximately.
Delivery is made to the delivery address specified by the customer in the order.
In all cases, delivery is made to the kerbside of the place of delivery within Germany, mainland, valley station. Bulky goods and refrigerators with compressors are shipped by a forwarding agent. However, we reserve the right to commission a carrier of our choice for each individual case.
§ 7 Due date, payment and default
The customer can pay the purchase price in advance by bank transfer. Payment by check, credit card, direct debit or by sending in cash is not possible. For our products, a deposit of 30% is due upon acceptance of the order and the remaining 70% before delivery.
If you have already made the payment, e.g. in the case of payment in advance, but after checking your order data and/or an unsigned order confirmation we reject the delivery and thus the conclusion of a purchase contract, or reject the delivery of parts of your request, we will refund the amount you have paid for this request/partial request.
The invoice amount is due immediately without deduction. Default occurs without a reminder.
§ 8 Retention of title
The delivered goods remain the property of TOGETHER GmbH until full payment has been received.
§ 9 warranty
In the event of defects, the customer’s claims shall be governed by the statutory provisions.
As a commercial buyer, you must inspect the goods immediately after TOGETHER GmbH has delivered them and the goods have come into the buyer’s sphere of control. According to § 377 para. 1 HGB, the buyer is obliged to inspect the goods received for defects immediately after delivery and to notify the seller immediately if a defect is found. If you discover a defect in the goods, you must notify TOGETHER GmbH immediately in writing (letter, e-mail or fax). Verbal or telephone complaints will not be accepted.
If the commercial buyer has failed to notify TOGETHER GmbH in good time of a defect asserted later, which would have come to light as a result of a proper inspection, the goods shall be deemed to have been approved in accordance with § 377 para. 2 HGB and no warranty claims shall apply.
§ 10 warranty of defects
If there is a defect in the purchased item, the statutory provisions shall apply. The assignment of the customer’s claims is excluded.
Further claims of the customer, regardless of the legal grounds, are excluded. TOGETHER GmbH shall only be liable for damage to the delivery item; we shall not be liable for damage that has not occurred to the delivery item itself. TOGETHER GmbH is not liable for incorrectly installed devices. The commercial buyer has neither a claim for removal, new installation nor for reimbursement of the necessary costs. TOGETHER GmbH shall not be liable for any loss of profit suffered by the purchaser or for any other financial loss.
The above limitation of liability shall not apply if the cause of damage is based on intent or gross negligence or if personal injury is involved. Furthermore, it shall not apply if the customer asserts claims regulated by law.
Insofar as TOGETHER GmbH negligently breaches a material contractual obligation, the obligation to pay compensation for material damage shall be limited to the typically occurring damage.
Descriptions of the delivery item and technical specifications are non-binding. We reserve the right to make technical and design changes. Misprints, obvious errors, typographical errors and miscalculations remain without obligation. This also applies to our offers or price lists.
Apart from that, any liability for damages on our part is excluded, regardless of the legal grounds. Insofar as our liability is excluded under these provisions, this shall also apply to the liability of our executive bodies and vicarious agents, in particular employees.
§ 11 privacy protection
In order to process the contract concluded with the buyer, it is necessary to process the buyer’s personal data. All personal data provided by the customer shall be processed exclusively in accordance with the applicable data protection regulations.
The contracting parties undertake to comply with the applicable data protection laws and regulations.
Details on the processing of personal data by TOGETHER GmbH can be found in the data protection declaration on our homepage.
§ 12 Applicable law / Final provisions
German law shall apply. TOGETHER GmbH and the customer agree that German law shall apply to the exclusion of the applicability of the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant, the exclusive place of jurisdiction for all disputes shall be the registered office of TOGETHER GmbH in Nordhalben/Kronach. However, TOGETHER GmbH is also entitled to sue the customer at his general place of jurisdiction.
Should individual provisions of the delivery contract or these General Terms and Conditions be or become ineffective, the remaining contractual conditions shall remain effective.