General terms and conditions with customer information

1. Scope of Application
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, Availability of Goods
5.b Note on the take-back of packaging in accordance with the Packaging Act
6. Payment methods
7. Retention of title
8. Warranty and Warranty for Material Defects
9. Liability
10. Storage of the text of the contract
11. Final Provisions

1. Scope of Application
1.1. For the business relationship between Tapir Wachswaren GmbH, Allerbachstr. 29, 37586 Dassel (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.

1.2. You can reach our customer service for questions, complaints and objections on weekdays from 9:00 am to 4:00 pm under the telephone number 05562-940230 as well as by e-mail at mail@tapir.de.

1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).

1.4. Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity.

2. Offers and service descriptions
The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogues and on the Seller’s websites do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise noted in the products. Errors and omissions excepted.

3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart by clicking the “Add to cart” button. Within the shopping basket, the product selection can be changed, e.g. deleted. The customer can then proceed to complete the order process within the shopping basket by clicking on the “Proceed to checkout” button.

3.2. By clicking on the “Order subject to payment” button, the customer submits a binding application to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping basket or cancel the ordering process altogether. Required information is marked with an asterisk (*).

3.3. The seller then sends the customer an automatic confirmation of receipt by e-mail in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the seller has received the customer’s order and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has dispatched or handed over the ordered product to the customer within 2 days or has confirmed the dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice.

3.4. If the seller allows payment in advance, the contract is concluded with the provision of the bank details and request for payment. If the payment has not been received by the Seller within 10 calendar days after sending the order confirmation despite the due date even after a renewed request, the Seller shall withdraw from the contract with the consequence that the order shall lapse and the Seller shall not be obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item in the case of advance payment is therefore made for a maximum of 10 calendar days.

4. Prices and shipping costs
4.1. All prices stated on the Seller’s website are inclusive of the applicable statutory value added tax.

4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.

5. Delivery, Availability of Goods
5.1. If payment in advance has been agreed, delivery shall be made after receipt of the invoice amount.

5.2. Should the delivery of the goods fail through the fault of the buyer despite three attempts at delivery, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.

5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.

5.4. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

5.b Note on the take-back of packaging in accordance with the Packaging Act

According to the Packaging Act, manufacturers and distributors of packaging that is not subject to system participation within the meaning of Section 15 (1) sentence 1 of the Packaging Act are obliged to take back such packaging free of charge and to ensure that it is reused or recycled.

Tapir uses the following packaging materials for the purposes of this regulation:

transport packaging (packaging that facilitates the transport of goods in such a way as to avoid their direct contact and damage during transport, and is typically not intended to be passed on to the end consumer),
Commercial and industrial packaging that typically does not accumulate as waste at private end consumers.

If appropriate packaging material is used in the delivery of our products, this packaging can be returned free of charge to Tapir’s headquarters.

6. Payment methods
6.1. The customer can choose from the available payment methods within the framework of and before completing the order process. Customers will be informed about the available means of payment on a separate information page.

6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3. If third-party providers are commissioned with the payment processing, e.g. Paypal. their general terms and conditions shall apply.

6.4. If the due date for payment is determined according to the calendar, the customer shall already be in default by missing the deadline. In this case, the customer shall pay the statutory interest on arrears.

6.5. The customer’s obligation to pay default interest does not preclude the seller from claiming further damages for default.

6.6. The customer shall only be entitled to set-off if his counterclaims have been legally established or recognised by the seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.

7. Retention of title
Until full payment has been made, the delivered goods remain the property of the seller.

8. Warranty and Warranty for Material Defects
8.1. The warranty shall be determined in accordance with statutory provisions.

8.2. A guarantee only exists for the goods delivered by the seller if this has been expressly given. Customers will be informed of the warranty conditions before the order process is initiated.

9. Liability
9.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory prerequisites for claims.

9.2. The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those referred to in the preceding sentences.

9.4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

10. Storage of the text of the contract
10.1. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.

10.2. The seller will also send the customer an order confirmation with all order data to the e-mail address provided by the customer. Together with the order confirmation, but at the latest upon delivery of the goods, the customer shall also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the text of the contract but do not make it accessible on the internet.

11. Revocation of the purchase contract

(1) Cancellation policy

Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction. Here you will find a short explanation of the right of withdrawal (a), the consequences of the withdrawal (b) and a sample withdrawal form (c).

a) Right of withdrawal

You have the right to withdraw from the contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform Tapir Wachswaren GmbH (Tapir Wachswaren GmbH, Allerbachstraße 29, 37586 Dassel, Germany, mail@tapir.de, telephone: +49 (0)5562 940230) of your decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post, an e-mail or a message via the contact form). You can use the attached sample withdrawal form for this.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

b) Consequences of revocation

If you cancel this contract, Tapir Wachswaren GmbH shall reimburse you all payments it has received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by Tapir Wachswaren GmbH), without undue delay and at the latest within fourteen days from the day, on which the notification of your revocation of this contract has been received by Tapir Wachswaren GmbH. For this repayment, Tapir Wachswaren GmbH will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; Fees for repayment will not be charged. Tapir Wachswaren GmbH may refuse to refund until Tapir Wachswaren GmbH has received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You have the goods without undue delay and in any case no later than fourteen days from the day on which you have informed Tapir Wachswaren GmbH of the withdrawal from this contract

Tapir Wachswaren GmbH, Allerbachstraße 29, 37586 Dassel, Germany

Return. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

c) Sample withdrawal form(If you wish to withdraw from the contract, please fill out this form and return it.) – To Tapir Wachswaren GmbH, Allerbachstraße 29, 37586 Dassel, Germany, mail@tapir.de – I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)– Ordered on (*)/received on (*)– Name of the consumer(s)– Address of the consumer(s) Consumer(s)– Signature of the consumer(s) (only if notified on paper)– Date

(*) Delete as applicable.

(2) Returns

In addition to the revocation according to the above cancellation policy (paragraph 1), Tapir Wachswaren GmbH enables you to simplify the processing of a return on request: On request, you will receive a prepared parcel label (return label), with which you can hand in your parcel to DPD without separate payment. The shipping costs incurred by Tapir Wachswaren GmbH will be deducted from the purchase price to be refunded. They are a flat rate of €4.60 for returns from Germany and €12 internationally.

You will be reimbursed for any outward shipping costs paid in the webshop when returning the complete order.

12. Final Provisions
12.1. The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law or a special fund under public law.

12.2. The contractual language is German.

12.3. European Commission platform for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.