Terms and Conditions
(The following terms and conditions also contain information on your customer rights according to online trade requirements.)
1. Scope of Application
1.1 The following general terms and conditions are applicable to all commercial interactions between THOMAS GARDENER GmbH & Co.KG and the customer. The relevant terms and conditions are those that were in force at the time of the particular transaction.
1.2 Consumers, in the frame of the terms and conditions, are actual persons who enter into a commercial transaction, who are not commercial or industrial sector buyers and are buying for personal use.
Those referred to as commercial customers in these terms and conditions are actual or legal persons or legally authorised companies, with whom a commercial transaction is entered into for commercial purposes of a business. The herein referred to customer, is a consumer as well as a commercial customer.
1.3. Differing, deviating or contradicting terms and conditions, even if recognised, are not part of the customer's contract unless these are agreed to in writing.
2. Contractual partner
The contract of purchase is made with THOMAS GARDENER GmbH & Co.KG, Am Kaiserkai 30, 20457 Hamburg, Managing Director Thomas Eckholdt, Trade Registry - Amtsgericht Hamburg HRA 108101
THOMAS GARDENER GmbH & Co.KG is a certified online shop and is bound by quality standards as a Trusted Shops member.
(More information under www.trustedshops.de)
You can reach our customer service team from Monday till Sunday, 8:00 to 22:00 CET, via our number +49 (0) 40 800 80 88-0
and via e-mail: service@ThomasGardener.de
3. Products and Formation of Contract
3.1 The depiction of the items in the online shop are not legally binding descriptions, but are an uncommitted online catalogue.
3.2 Ordering online: By clicking on the send order button you are sending a binding order for the items in your shopping cart. The confirmation of the order will follow directly after the order has been received by our servers. The contract of purchase will come into effect with our separate order confirmation or the shipping of the items.
3.3 Thomas Gardener reserves the right to accept the contract offer of the order within 5 business days. Thomas Gardener also reserves the right to refuse contract with potential customers whose reliability is in question, or do not stand up to a credit assessment. Thomas Gardener reserves the right to limit the order to an appropriate quantity.
3.4 The contract of purchase is entered into under provisos, and in the case of the contract not being met by the customer, ie lack of payment, the contract will only be partially fulfilled or terminated. In the case that for any reason we cannot fulfil the contract on our part, the customer will be informed and appropriately refunded if the customer is so entitled.
4. Pricing and Shipping Costs
4.1 The prices shown on the product descriptions include the German service tax and all other extra costs. We offer shipping free of charge within Germany (not including the islands) and Austria.
4.2 For shipping to other countries please refer to the information in the Customer Information.
4.3 All packaging becomes the property of the customer and is included in the price for shipping.
5.1 Deliveries within Germany (not including the islands) and Austria are moved by a THOMAS GARDENER appointed forwarder.
5.2 For shipping to other countries please refer to the information in the Customer Information.
5.3 Should some of the ordered items be out of stock, then we will bear the costs of part orders, should these be so desired by the customer.
5.4 Should the delivery of the wares fail after three delivery attempts, we reserve the right to leave the contract of purchase and the paid amounts will be refunded.
6.1 Payment in Germany and Austria: The customer may pay via cash in advance, credit card or via bill (only for certified commercial customers).
6.2 For payments from other countries please refer to the information in the Customer Information.
6.3 If the cash in advance payment option is selected, we will divulge our account details in the order confirmation and will dispatch the items when payment has come through.
6.4 With credit card payments, your credit card will be billed immediately after confirming your order.
6.5 Payments via bill payment are only possible for commercial businesses that have stood up to a reliability background check. The payment should be made directly after receiving the items. For first time customers the wares will be sent after payment has come through.
6.6 A right to offset is had if the claims are legally valid or unchallenged, or confirmed in written form by us.
6.7 A right of retention can only be had if the claim results from the same contractual relationship.
7. Reservation of ownershipt
The ordered wares remain our property until the full payment has been received. Before transfer of ownership of the wares, the customer is not entitled to pledge or assign as security any of these wares.
8. Right of withdrawal for Consumers
8.1 Consumers have a 2-week right of withdrawal from the contract.
8.2 The right of withdrawal does not come into effect if the customer is purchasing on behalf of a business or for commercial purposes.
Right of Withdrawal Information
Right of withdrawal
Any customer has the right to withdraw his/her contractual agreement within 2 weeks, without stating reasons, in writing (e.g. Letter, e-mail, fax) or by returning the goods.
This time period does not begin until after the customer has received this information in text form, but not before the customer has received the goods (When items of the same type are ordered on a constant basis, not before receiving the first of these items), and also not before the fulfilment of our in obligation to inform in accordance with § 312c para. 2 BGB, in conjunction with § 1 para. 1, 2 and 4 BGB-InfoV as with our obligation in accordance with § 312e para. 1 line 1 BGB in conjunction with § 3 BGB-InfoV. To enact the right of withdrawal all that is required is the timely dispatching of the written cancellation, or the timely return of the goods in contract. The withdrawal is to be addressed to:
THOMAS GARDENER GmbH & CoKG
Kaiserkai 30, 20457 Hamburg
Consequences of Withdrawal
In the case of an effective cancellation, the benefits mutually drawn shall be granted back and, if applicable, advantages taken (for example amenity and advantage of using) shall be returned. Insofar as you cannot return all the received goods or only a certain part of the goods, or only in a deteriorated condition, you are obligated to compensate the value of the missing or damaged goods. This shall not apply in the case that the deterioration of the goods is exclusively put down to their examination – as it might have been possible for you in a shop. Apart from that, you can avoid the duty to compensate the value by not using the goods like a proprietor and by omitting everything that affects the value. Things that can be dispatched in parcels have to be sent back at our risk and expense. Obligations of reimbursement of costs must be fulfilled within 30 days. For the consumer, this period begins with the dispatching of the request for withdrawal, and for us with the receipt of this request.
End of the Right of Withdrawal Information
8.3 A right of withdrawal does not apply for custom items that were created to customer specifications, where a return is not viable due to the nature of the product.
8.4 Please avoid damage, defilement or soiling of the goods. We ask that you return all goods in their original packaging with all included accessories and parts. If you can you may use an additional protective packaging. If the original packaging is not available, then the packaging must be adequate enough to protect the wares during transport.
8.5 Please return the wares in an ensured delivery and retain the shipping receipt. We are also happy to provide the shipping costs in advance as long as these are not the responsibility of the customer.
8.6 Please contact us via phone before sending a return on +49 (0) 800 80 88-0 to inform us. This will allow us to process the wares as quickly as possible and organize any reimbursement.
8.7Please note that the information in paragraphs 8.3 to 8.5 are not pre-conditions for a valid right of withdrawal.
9. Damage sustained in Transport
9.1 Should your wares be delivered with obvious damages from transport, we ask that you immediately lodge a complaint with the deliverer and contact us via telephone on +49 (0) 800 80 88-0 or via e-mail: service@ThomasGardener.de
9.2 The failure to file a timely complaint or to contact us has no effect on your lawful rights to warranty. However, you do help us to make our own claims against the deliverer or to make a valid shipping insurance claim.
10.1 A warranty is provided according to the requirements laid down by law. With all defects incurred during the 2 year warranty period (2 years from the date of delivery) you have the lawful right to repair or replacement of the goods and, if a legal right exists, the lawful right to abatement as well as compensation. You need to allow us two attempts to rectify the shortcomings of the item under warranty, unless you have set a reasonable period of respite that has expired. If your preferred method of warranty claim is only possible through disproportionate costs, then the warranty claim is limited to the other choices.
10.2 We do not take responsibility for damages and defects incurred from the unreasonable and unintended use, inappropriate storage, poor care and maintenance, overuse and repairs undertaken by unqualified or unauthorised parties.
10.3 Slight deviations that do not affect the intended use of the item (eg colour deviations) that differ from descriptions or graphic depictions are possible
10.4 With natural materials: The depicted graphics and pictures provide a visual representation and are not binding. Hand-patters will often differ, since differences in paint, pattern, and style can occur.
We take no responsibility for deviations in colour, pores, diffusions and other natural variations etc. of natural stone. Back-putty and grouting are unavoidable with colourful stones and are applied in professional manner. The customer must count on these deviations in natural stone.
Variations in size: For variations in size refer to the current valid VOB, Part C: General technical requirements for construction work - natural stone work - DIN 18332.
10.5 If you would like a defective product repaired or replaced, please return the product at our expense. We ask that you contact us first under +49 (0) 800 80 88-0 and we will provide you with the appropriate returns form with return address and return number.
We are not to be held accountable for light negligence of obligation, as long as these are not obligations in contract, damages to a person's health or body, or if claims are made in accordance with the product accountability law. The same is the case for a negligent breach of obligation by our auxiliaries and partners.
All materials on this website, including, but not restricted to web-pages, programs, graphics pictures, audio, video and text are the intellectual property THOMAS GARDENER GmbH & Co.KG. All rights reserved. In the absence of other indicators, all material on this website is protected. With the exception of the freely accessible material on this website intended for use by the public by THOMAS GARDENER, no part of the contents should be used in any other way.
13. Final Clause
13.1 Should any part of these general terms and conditions be rendered invalid, this does not affect the validity of the rest of the contract. In place of any ineffective rulings, the relevant laws governing the particular subject will come into effect.
13.2 The prevailing law is German law.
Terms and Conditions
Scope of Application
Products and Formation of Contract
Pricing and Shipping Costs
Reservation of ownership
Right of withdrawal for Consumers
Damage sustained in Transport