General terms and conditions of business (online-shop) for private customers
Geschäftsführung: Julius Dittmann, Brigitta Dittmann
HRB 4949 Amstgericht Münster
Section 1 General
(1) Contractual services and offers made by TITUS GMBH are provided or made in accordance with the following conditions only. By taking note of these terms and conditions, the party to the contract is agreeing to their forming a part of the contract to be concluded with TITUS GMBH.
(2) The party to the contract's own general terms and conditions of business do not form a part of the agreement between the parties, even where this is not expressly stated by TITUS GMBH.
Section 2 Conclusion of contract and storage of contract text
(1) Offers from TITUS GMBH catalogues and other information media are non-binding. By placing an order, the party to the contract makes a binding declaration that they wish to acquire the goods ordered.
(2) TITUS GMBH is entitled to accept the party to the contract's offers within a period of two weeks from receipt. The contract is concluded if TITUS GMBH provides written confirmation of acceptance of the offer by post or by e-mail or makes the delivery within this period. It is sufficient that the goods are dispatched or a confirmation is posted within this period.
(3) The complete contract is not saved by us. The contract text can be saved using the browser’s print function before the order is sent.
Section 3 Subject of the contract
(1) The subject of the contract is solely the goods which are expressly confirmed by TITUS GMBH or are dispatched against an order placed by the party to the contract.
(2) Drawings, diagrams and other product descriptions - in particular in the catalogue - are non-binding and do not constitute a warranted property in terms of the German Civil Code.
Section 4 Shipping and Payment
(1) Titus GmbH will initiate delivery of contractual goods within two weeks of acceptance of the order by Titus GmbH.
(2) All prices quoted are in Euros and include statutory value-added tax.
(3) Goods delivered by Titus GmbH are subject to payment in advance. Without special agreement, this is done by cash on delivery.
(4) The customer may pay after receipt of an order confirmation by bank transfer, cash on delivery, Sofortüberweisung, PayPal or by credit card (See Payment Options).
(5) Titus GmbH charges shipping costs and fees per order (See Shipping Information). If an order receives free shipping because the minimum order value for free shipping was reached, charges will be incurred by the customer if they return part of the order, putting the remaining order value below the minimum order value for free shipping. Incurred shipping costs and fees (See Shipping Information) will be deducted from the customer’s return refund amount.
Less the value of item(s)
- 35,00 EUR
Remaining order value:
The customer must then pay the shipping costs afterwards.
(6) Titus GmbH is entitled to render partial services if these are conducive to the execution of the contract and reasonable for the contractual partner.
(7) The assignment of a claim existing against titus GmbH is not permitted by the contractual partner, unless Titus GmbH agrees expressly and in writing.
Section 5 Right of rescission and right to return in case of distance selling contracts
(1) The following provisions do not apply to audio and video recordings, to software if the data carriers supplied are unsealed, nor to newspapers and magazines. Also, they do not apply to merchandise made according to the contractual partner's specifications or which are obviously tailored to the contractual partner's individual needs.
Section 6 Reservation of ownership
The goods forming the subject of the contract remain the property of TITUS GMBH until they have been paid for in full.
Section 7 Warranty
(1) The warranty period is two years from the date of delivery.
(2) In the event of warranty claims, it is necessary that TITUS GMBH is able to relate to the date of purchase. The item for which a warranty claim is made should be sent to TITUS GMBH together with a copy of the invoice, if the invoice is present. If the customer is not able to submit a copy of the invoice, this has no bearing on his warranty claims.
(3) For defects in the goods forming the subject of the contract, the terms of the implied warranty are effective.
(4) The party to the contract is obliged to examine the goods immediately on receipt. TITUS GMBH must be notified of damage arising during transportation or obvious defects. If the party to the contract fails to examine the goods and to notify damages the party to the contract does not lose his warranty claims.
(5) The warranty does not include normal wear and tear. If TITUS GMBH maintenance or care instructions are not observed, changes are made to the product, accessory parts are incorrectly mounted, parts are replaced or care products are used which do not meet TITUS GMBH's high quality standards, the warranty will be rendered invalid concerning to those defects which arise or have been arisen because of the violation of the foregoing regulations.
(6) The party to the contract is granted a guarantee in the legal sense only where this is expressly specified in writing by TITUS GMBH.
Section 8 Liability
(1) For breaches of the main contractual obligations as a result of ordinary negligence, TITUS GMBH's liability is limited to the average, foreseeable, direct losses typical for the type of goods in question. The same applies to breaches of obligations as a result of ordinary negligence by legal representatives of TITUS GMBH or persons employed in performing contractual obligations for which TITUS GMBH is vicariously liable.
(2) Otherwise where the party to the contract asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of representatives or persons employed in performing contractual obligations for which TITUS GMBH is vicariously liable, TITUS GMBH is liable in accordance with the legal regulations. Where no gross negligence or intentional breach of obligations is asserted, TITUS GMBH's liability is limited to the average foreseeable damages which might typically be expected to arise in such circumstances.
(3) The above limitations of liability do not apply to losses arising from injury to life, bodily injury or injury to health.
Section 9 Batteries and accumulators
(1) If you received batteries or accumulators from us, you may return these free of charge to us after use or give them back at a local collecting point.
(2) Batteries and accumulators may not be depolluted together with the domestic waste. They contain harmful substances and are identified accordingly. The picture of a crossed waste container as well as the respective harmful substance (e.g. Cd: cadmium; PB: plumb; Hg: mercury) are shown on the respective Batteries and accumulators.
Section 10 Final Provisions
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless mandatory consumer protection regulations of the state which the consumer is domiciled conflict with this.