Terms and condition for consumers
§ 1 Scope of terms and statement of identity
General terms and conditions for private customers via the online shops of
tyaro.com ecommerce & retail -
Christian Ahuis & Michael Badelt GbR
Am Römerkastell 14
(referred to as "vendor" from this point).
Service-Hotline: +49 (0) 6039 4799988
Business customers and retailers will please contact the vendor directly for individual sales agreements.
§ 2 Conclusion of contract
§ 2.1 The product pages in the shop are intended as offers to the conclusion of a sales contracts. By clicking the button [Buy] a formal buy request is instated. All sales made via the online shops are for private use and purposes only and will only be sold in quantities corresponding to this associated scope of use.
§ 2.2 A formal order contract is established once the customer has submitted the order by clicking the [Buy] button. The customer will receive an order confirmation email immediately after the order has been submitted. A binding contract may also be established prior to the above described method if one of the following is true:
- The customer has selected “Credit Card” as payment method of choice. In this case the contract is established with charging the card.
- The customer has selected “PayPal” as payment method of choice. In this case it is established once the payment has been confirmed to PayPal.
§ 2.4 The text of the contract is being archived and is sent to you in your order confirmation email, along with the terms and conditions for this contract. You can also refer to this site to take insight into the terms and conditions as well as to download them. Your previous orders are also available under the “my account” option.
§ 2.5 Language for all legal contracts is German.
§ 3 Prices
§ 3.1 All prices found on product pages of the online shops are including German national value added tax (VAT) and other pricing components but excluding shipping costs.
§ 3.2 Exemption to §3.1: Customers from countries outside the European Union will see prices without value added tax (also excluding shipping costs) if they are logged in using their corresponding customer account (if existent). The relevant profile value for this function is the "ship to" address, if different from "bill to" address.
§ 4 Shipping costs
§ 4.1 The shipping costs and the corresponding calculation base can be viewed via the page "Delivery and Costs" of the corresponding online shop.
§ 4.2 In addition to the information according to § 4.1 the shop system offers integrated individual help with the calculation of shipping costs. If an item is being put into the cart, the shop system will immediately display the shipping costs for the total value of the cart for shipping to national German addresses. If the customer has a shipping address in a different country, the system will correct the shipping costs automatically after that country has been selected during the checkout process. For this feature to work it is NOT necessary to register an individual account with the shop system. Customer who do have an individual account, will however see the correct shipping costs for their country immediately upon placing an item in the cart, while they are logged in with their account. Until the order is being sent by clicking the " Order Now" button, the checkout process can be abandoned at all times and no order will be placed.
§ 5 Delivery terms and terms of prolonged delivery (Selbstbelieferungsvorbehalt)
§ 5.1 The vendor delivers to all countries listed on the page "Shipping and Charges" of the corresponding online shop.
§ 5.2 Should the delivery of the order still fail after two attempts or should a "Cash on delivery" order not be picked up at the post office or automated package station (Germany only), the vendor may cancel the order. Payments that may already have been received will be reimbursed immediately.
§ 5.3 Should an ordered item not be available because the vendor has not been supplied with it by it's own sources due to reasons beyond the vendor's control, the vendor may cancel the order. In such case the vendor will immediately inform the customer and is allows to offer a comparable product, if available. If the exchange for a comparable product is not agreed upon or not possible, payments that may already have been received will be reimbursed immediately.
§ 6 Terms of payment
§ 6.1 Payment is accepted either via cash in advance, cash on delivery (Germany only), credit card or PayPal.
§ 6.2 If "cash in advance" is selected the vendor will sent the necessary banking details with the information email that is being generated after an order has been submitted. The balance due for the order is to be issued to the vendor's bank account within 7 days. When payment by credit card is selected, the balance due amount will be billed to the card upon establishment of contract. When choosing shipment using "Cash on Delivery" as the method of payment (available only for German delivery addresses), there will be a charge of 2 EUR in addition to the costs according to § 4.1 upon receipt of the order which is being charged directly by the delivering company (in this case DHL).
§ 6.3 Should a customer be late with a payment the balance due will become subject to an interest rate of 5% above the base lending rate. The vendor reserves the right to document and charge a higher damage then the aforementioned.
§ 6.4 The right to appeal is only granted to a customer, if the corresponding counterclaims have already been effectively confirmed by court, are indisputable or have been acknowledged by the vendor in writing.
§ 6.5 A retention of goods is only allowed if the corresponding claims are directly related to the same contractual agreement.
§ 7 Conditional sale terms
All items sold remain the sole property of the vendor unless full payment has been received. Until this point all items must not be pawned, be subject to a chattel mortgage, be processed or changed without the vendor's prior written consent.
§ 8 Right of withdrawal
§ 8.1 Customers have a right of withdrawal. The term customer shall be defined as a person acting solely for private use and purposes and not on behalf of any type of business or corporation.
Definition of right of withdrawal
Instructions on withdrawal
§ 8.3 Customers are asked to send back goods as an insured parcel and to retain proof of delivery to the carrier. Upon special request, the vendor will reimburse customers for those fees in advance unless the fee will have to be paid by the customer according to this definition. We would like to ask customers to not send back parcels with a paid by recipient option as this will help us to avoid additional charges by the carrier and will help to keep shipping costs for all customers on a low level.
§ 8.4 Customer are asked to contact the vendor in advance of a return shipment either via phone at +49 (0) 6039 4799988 or via email to service [at] tyaro.com to announce the returning of goods. This way the handling of the returning process can be sped up significantly.
§ 8.5 Customers are advised that all terms mentioned in § 8.2 - 8.4 are not prerequisitions for the effective execution for the right of withdrawal.
§ 9 Damages during transport
§ 9.1 Should customers receive goods showing obvious damages that may have occurred during transport, they are asked to have the damages signed off or reported otherwise to by / to the carrier and to contact the vendor immediately.
§ 9.2 Not reporting transportation damages does not impact a customers warranty claims. Reporting them however helps the vendor to make a claim for the damages against the carrier or the transport insurance company.
§ 10 Warranty
National warranty rights and regulations apply as to German law.
§ 11 Liability
The vendor herewith excludes simple negligence from any contract unless it does affect a vital part of the contract, damages of life an health, guarantees or claims according to product liability laws. This does also apply to simple negligence by our contract partners (i.e. carriers).
§ 12 Final provisions
§ 12.1 Should any part of the before stated terms and conditions be deemed invalid the remaining parts of the contract are still in effect. The invalid part shall then be replaced with the corresponding laws of Germany or, if applicable, the customer's country of residence.
Karben, December 3rd, 2015 - Christian Ahuis & Michael Badelt GbR
Frequently asked questionsHow does the shopping cart system work?
Items can be placed in the cart by simply clicking the [add to cart] button next to it. You can view the contents of the cart at any time by clicking on the [display cart] button. On this page, items can also be removed from the cart by simply clicking on [x remove]. To start the purchase process for the contents of the cart click the [continue to next step] button.
Do I have to register to order?
No. After having started the check out process you are being asked to fill in your data. Fields marked with a * are mandatory. To avoid having to re-enter your data during a next visit to our shop, you can create an optional customer account. When you visit again, you just enter your account name (which usually is the email address you registered with) and the password you assigned yourself during account creation and you have access to your individual customer menu, which also allows you to view your previous orders, change your details or delete your account.
When does my order become legally binding?
In step 5 of the check out process you are being asked to review all the information regarding your order again. By clicking the button [Buy] you complete the check out process. You can abort the check out at any time by clicking the [Home] button or closing the browser window.
You can also find information on how to correct entries you have made on the individual step pages throughout the check out process.
Is the contract is being retained and archived?
We will archive the contract. All ordering information and terms and conditions will be sent to you in an email. You can also view your previous orders in the "My Account" section of the shop if you created a customer account with the system. All terms and conditions can be viewed, saved and printed any time by clicking on [Terms] in the head navigation of any of our shops.