General Terms of Business for the Webshop
General Terms of Business of Thüringer Tourismus GmbH (TTG) for the Sale of Articles in its Online Shop
Dear online visitor to Thuringia,
please note the following terms of business. They supplement the statutory provisions relating to the legal relations between you as the buyer and ourselves (TTG).
1.1 These General Terms of Business govern all orders placed for products from the online shop with http://www.thueringen‐tourismus.de. By placing an order, the Buyer recognises these Terms.
No terms of business of the Buyer become part of the contract.
1.2 The operator of the Online Shop is Thüringer Tourismus GmbH, Willy–Brandt–Platz 1, 99084 Erfurt, Jena Local Court, HRB 109897, Managing Director: Bärbel Grönegres.
1.2 The Buyer for the purposes of these General Terms of Business is every individual or legal body or partnership having legal capacity. Sale to minors is not permitted.
1.3 All the products listed in the Online Shop can be supplied immediately. All the prices are binding and include statutory value-added tax. Sales will only be made in customary household quantities.
1.4 All products will only be supplied in the listed designs and packaging units. The right to amend products in the course of (technical) development is reserved. No minimum order quantities are specified.
2. Entering into the contract
2.1 The presentation of the range in the Online Shop does not constitute a binding offer for a contract. By sending an order to TTG, the Buyer makes a binding offer. TTG reserves the right to take a free decision on acceptance of this offer.
2.2 Products are selected by means of a shopping cart function. If the content of the shopping cart shown (selected products, price, postage costs and final price) does not correspond with the Buyer’s desired order, a correction can be made via the buttons “Remove” and “Book further services”. Upon clicking the button “Complete booking”, the content of the shopping cart is confirmed in a binding form. In the dialogue box that follows, the required address particulars must be entered and acceptance of these General Terms of Business (“General Booking Terms”) confirmed. After clicking the button “Continue”, the Buyer can check the address/supply data entered and correct it if necessary using the button “Correct”. Via the button “Continue”, the Buyer obtains information on payment of the order. By clicking the button “Continue” again, the order is completed in a binding form.
2.3 Upon completion of the order, the system generates a confirmation of the order with a payment request. This confirms receipt of the order and simultaneously the making of a binding contract. It can be printed and is also simultaneously sent to the Buyer’s email address.
3.1 Products are only sold subject to advance payment, bank transfer or direct debit. No credit cards are accepted.
3.2 In addition to the price of the product, postage costs are payable at a flat rate of € 4 per order. The flat rate for postage will only be charged once for each order. This also applies if an order is sent in several parts for logistic reasons.
3.3 Payment for the products ordered is made on the basis of order confirmation. The invoice for the transaction will be sent with the products.
4.1 As a general rule, products will be posted within three working days of receipt of payment. However, data on the delivery period is not binding, unless a delivery date has been agreed in a binding form in an exceptional case.
4.2 If nothing has been agreed to the contrary, delivery of the products will be to the delivery address provided by the Buyer. Deliveries abroad are always at the cost and risk of the Buyer.
4.3 If delivery cannot be made to the Buyer because he or she is not available at the delivery address given, said Buyer will pay the costs of unsuccessful delivery.
4.4 If customers discover damage to packaging when receiving a delivery, they must have such damage confirmed in writing by the forwarding agent when accepting the delivery. If the products have suffered transport damage, they must be returned immediately at TTG’s expense to the address given on the return form enclosed with the delivery. As far as possible, the original packaging must be used, the condition on delivery restored and all documents belonging to the products enclosed.
5. Liability, warranty for defects, guarantee
5.1 All the information for the Online Shop operated by TTG is assembled with the greatest possible care. However, no liability will be assumed for possible errors in data registration or data transfer.
5.2 Upon receipt, products must be checked immediately, i.e. no later than on the working day following receipt of the products, to ensure that they have no defects and are complete. TTG must be notified immediately of any defects discovered. Every report of defects must be submitted in writing and the defect concerned must be described in detail. If the Buyer fails to check the products and report any defects in due time, the products will be deemed approved, unless the defect was not identifiable during such a check. The criterion for observance of the set period is on-time dispatch, with the Buyer bearing the burden of proof.
Defects discovered at a later date must also to be reported to TTG immediately upon discovery. If this is not done, the products will be deemed approved in relation to these defects too.
5.3 If there is a defect in the product for which TTG is responsible, TTG will implement the warranty by providing a substitute delivery after return of the defective item by the Buyer. If no substitute delivery is possible, TTG will notify the Buyer of this fact immediately and simultaneously rescind the contract. TTG will credit the payments made by the Buyer immediately upon receipt of the products by TTG.
5.4 No further claims by the Buyer are permitted. If TTG breaches a material contractual obligation, its obligation to render compensation for physical damage is limited to the loss typically incurred. TTG is not liable for damage which is not incurred to the delivered item itself; in particular, it is not liable for loss of profit or other financial losses of the Buyer. To the extent that the contractual liability of TTG is ruled out or restricted, this also applies to the personal liability of employees, representatives and vicarious agents of TTG. The above restriction of liability does not apply if the cause of damage is based on intent or gross negligence or if there is personal injury.
5.5 In the event of a guarantee, the contact person responsible for the product ordered is named in the documents enclosed with the delivery. If these documents are not at hand or were not enclosed with the delivery, TTG will be pleased to act as a mediator.
6. Right of cancellation
6.1 The Buyer can cancel his or her order within two weeks without stating reasons. This is to be done in writing (by letter, fax or email) or by returning the product. This set period begins upon receipt of the products. For observance of the set period for cancellation, the criterion is on-time dispatch of the cancellation notice or products to:
Thüringer Tourismus GmbH, Tourist Information Thüringen
Willy–Brandt–Platz 1, 99084 Erfurt
Tel. +49 361 – 37 42‐0
Fax: +49 361 – 37 42‐388
6.2 If cancellation is effective, the performance received by both parties must be returned. If the performance received cannot be returned in full or in part or can only be returned in a poorer condition, the Buyer must render compensation for loss of value if necessary. For the delivery of items, this does not apply if the poorer condition of the item is due solely to it being examined – as would possibly have been the case in a real shop. In addition, the Buyer can avoid any obligation to render compensation for loss of value by refraining from using the item as his own property and refraining from all action which would detract from its value.
6.3 When exercising a right of cancellation, the Buyer has an obligation to return the ordered products immediately. For an order value of € 40 or less, the Buyer will pay the costs of return. If the order value is more than € 40, TTG will reimburse the standard costs of return. Immediately upon receipt of the products by TTG, the latter will credit the payments made.
6.4 No cancellation right applies
- for delivery of audio or video recordings or software if the Buyer has broken the seal on the data carriers supplied.
- for delivery of products made to customer specifications or clearly tailored to personal requirements or of which the composition is not suited to return or which might rapidly spoil or exceed their shelf life.
7. Final terms
7.2 The time limitation for all defect claims is 2 years and begins upon delivery of the products to the Buyer.
7.3 Any legal action against TTG must be filed at its seat of business. The Buyer’s place of residence is the criterion for legal action by TTG against the Buyer, unless legal action is taken against registered traders or persons who have moved their place of residence or habitual abode to a foreign country since entering into the contract or whose place of residence or habitual abode is not known when legal action is filed. In such cases, the seat of business of Thüringer Tourismus GmbH constitutes the criterion for the legal venue.
7.4 The law of the Federal Republic of Germany applies.
7.5 If any provision in these General Terms of Business is or becomes ineffective, the effectiveness of the rest of the General Terms of Business will not be prejudiced thereby.
Status: April 2009