1. Scope of application
The following terms and conditions apply to all orders placed by consumers and entrepreneurs through our online store.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they will only become part of the contract if we have expressly agreed to this.
2. Contractual partners, conclusion of contract
The purchase contract is concluded with Treez GmbH, Riegerweg 26, 82024 Taufkirchen.
By placing our products in the online shop, we are making a binding offer to enter into a contract for our items. As long as the items remain in the shopping basket, no contract will be concluded. This will only happen when you, as the buyer, click on the ‘Buy’ button and thus accept our offer for the items you have selected. As soon as your order has been successfully transmitted to us, you will receive a confirmation by email.
Your order is placed in the following steps:
1) Select the desired goods
2) Confirm by clicking the ‘Order’ button
3) Check the information in the shopping basket
4) Click the ‘Proceed to Checkout’ button
5) Review and correct the respective data entered.
6) Click the ‘Place Order’ or ‘Buy’ button to submit the binding order
Before finally submitting his order, the buyer can access the website again by pressing the ‘back’ button of his browser after checking his details, where his details are recorded and input errors can be corrected or the order process can be cancelled by closing the internet browser.
We will confirm receipt of the order immediately by sending an automatically generated e-mail (‘order confirmation’). With this e-mail, we accept the buyer’s offer.
3. Contract language, contract text storage
Contract language: The language available for concluding the contract is German.
Contract text storage: We do not store the contract text. It is therefore your responsibility to store the contract text.
4. Prices, storage and delivery conditions, and transport damage
The stated prices include the statutory sales tax and other price components. Shipping costs may apply depending on the order quantity. These may be added to the stated product prices. You can find more information about any shipping costs on the product pages in the shop.
Product storage and shipping is carried out by an external service provider, Völkl Service GmbH, based at Schleißheimer Str. 15, 85748 Garching, Bavaria. By concluding the contract, you expressly consent to the transfer of your data required for shipping.
We only deliver by mail order. The choice of the shipping service provider is incumbent on us. Regularly, the shipment will be made via DPD Germany GmbH. Unfortunately, it is not possible to pick up the goods yourself.
Transport damage (clarification for consumers): Complaints about obvious transport damage must be made directly to the delivery company. However, there is no legal obligation to do so – your statutory warranty and cancellation rights remain unaffected.
Transport damage (clarification for entrepreneurs): For entrepreneurs, § 377 HGB (German Commercial Code) applies. As soon as the goods are handed over to the carrier or the shipping person, the risk of accidental loss passes to the entrepreneur.
5. Payment
In our shop, buyers can generally pay by Visa and Mastercard, PayPal or bank transfer.
Treez Tools Bank details
- BENEFICIARY: Treez GmbH
- BANK: Commerzbank
- IBAN: DE04 7004 0041 0257 4713 00
- BIC: COBADEFFXXX
- REASON FOR PAYMENT: Please state the order number
General Terms and Conditions: ‘All disputes in connection with card processing are treated according to German law.’
6. Right of cancellation
Consumers have the statutory right of cancellation. You can find the details by clicking on the ‘Cancellation Policy’ button on our website.
7. Warranty and Guarantees
In principle, the statutory warranty period for movable items is two years. Defect rights can be asserted within this period. After the statute of limitations has come into effect, we are entitled to refuse performance. For consumable products, the buyer must pay attention to best-before dates.
8. Liability
We shall be liable in cases of intent or gross negligence on our part or on the part of one of our representatives or vicarious agents, as well as in the event of culpably caused injury to life, limb or health, in accordance with the statutory provisions. Otherwise, we shall only be liable under the Product Liability Act, for culpable violation of essential contractual obligations or insofar as we have fraudulently concealed a defect or have assumed a guarantee for the quality of the delivery item. However, the claim for damages for the culpable violation of essential contractual obligations is limited to the foreseeable damage typical for the contract.
The aforementioned provisions apply to all claims for damages (in particular for damages in addition to performance and damages in lieu of performance), regardless of the legal basis, in particular due to defects, the violation of duties arising from the obligation or from unauthorised action. They also apply to the claim for reimbursement of wasted expenses. Our liability is limited to the amount of foreseeable damage at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
9. Reservation of title
The goods ordered remain our property until full payment has been received.
The following applies to business transactions with companies: We reserve ownership of the goods until all claims arising from our current business relationship have been settled.
It is possible for buyers to resell reserved goods in the ordinary course of business. Should claims arise in the context of the resale, these shall be assigned to us in advance in the amount of the invoice amount, irrespective of any combining or mixing of the reserved goods with a new item. We accept this assignment. Should the buyer fail to meet their payment obligations to us, we are entitled to collect these ourselves.
10. Dispute resolution
We do not participate in dispute resolution proceedings before a consumer arbitration board.
11. Protection of minors in accordance with the German Youth Protection Act (JuSchG)
The Bundestag has passed the following law with the approval of the Bundesrat: (1) For the purposes of this law, 1. children are persons who are not yet 14 years old, 2. young people are persons who are 14 but not yet 18 years old, 3. a person with custody is a person who, alone or together with another person, is entitled to custody in accordance with the provisions of the German Civil Code 4. a person with parental authority is any person over 18 years of age who, on a permanent or temporary basis, performs educational tasks on the basis of an agreement with the person with custody of the person, or who supervises a child or young person as part of their education or youth welfare. (2) Carrier media within the meaning of this Act are media with texts, images or sounds on physical carriers that are suitable for transmission, intended for direct perception or installed in a presentation or game device. The electronic distribution, transfer, offering or making available of data media shall be deemed equivalent to the distribution, transfer, offering or making available of such media in material form, unless it constitutes broadcasting within the meaning of Article 2 of the Interstate Broadcasting Treaty.
(3) Telemedia within the meaning of this Act are media that are transmitted or made accessible in accordance with the Telemedia Act. Transmission or making accessible within the meaning of sentence 1 shall be deemed to be the provision of one’s own or third-party content.
(4) Mail order business in the sense of this law is any business conducted in return for payment, which is carried out by way of ordering and sending goods by post or electronic means without personal contact between supplier and customer or without technical or other precautions to ensure that no delivery is made to children and adolescents.
(5) The provisions of §§ 2 to 14 of this law do not apply to married adolescents.
Verification and documentation requirement
(1) Insofar as this law requires the accompaniment of a person with parental authority, the persons referred to in § 1 para. 1 no. 4 must present their authorisation on request. Organisers and traders must verify the authorisation in cases of doubt.
(2) Persons for whom age limits are to be observed under this law must prove their age in an appropriate manner upon request. Organisers and traders must verify the age of persons in cases of doubt.
Smoking in public, tobacco products
(1) In restaurants, retail outlets or elsewhere in public, tobacco products and other nicotine-containing products and their containers may not be sold or given to children or adolescents, nor may they be allowed to smoke or consume nicotine-containing products.
(2) In public, tobacco products and other nicotine-containing products and their containers must not be offered in vending machines. This does not apply if a vending machine 1. is placed in a location inaccessible to children and adolescents or 2. it is ensured by technical devices or constant supervision that children and adolescents cannot remove tobacco products and other nicotine-containing products and their containers.
(3) Tobacco products and other nicotine-containing products and their containers must not be offered to children and adolescents by mail order, nor delivered to children and adolescents by mail order.
(4) Subsections (1) to (3) shall also apply to nicotine-free products, such as electronic cigarettes or electronic shishas, in which liquid is vaporised by means of an electronic heating element and the aerosols produced are inhaled orally, as well as to their containers.
12. Final provisions
German law applies for entrepreneurs, excluding the UN Sales Convention. For merchants within the meaning of the German Commercial Code (HGB), legal entities under public law or special funds under public law, the exclusive place of jurisdiction is our place of business.
Treez GmbH
Riegerweg 26, 82024 Taufkirchen, Germany
info@treeztools.com