General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (tigogreen gmbH) via the website www.tigogreen.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) By listing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the product description.

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the “shopping cart”. You can access the shopping cart via the corresponding button in the navigation bar and make changes there at any time.

After clicking the “Checkout” or “Continue to order” button (or similar wording) and entering your personal data as well as the payment and shipping conditions, the order details will be displayed to you as a final order summary.

If you use an instant payment system as your payment method (e.g. PayPal Express/Plus/Checkout, Amazon Pay, Sofort), you will either be directed to the order summary page in our online shop or redirected to the website of the respective instant payment system provider.

If you are redirected to the respective instant payment system, you can make the appropriate selection and enter your details there. Finally, the order details will be displayed to you as an order summary either on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review and change the information in the order summary again (including by using the “Back” function of your internet browser) or to cancel the order.

By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “place order with costs”, “pay” / “pay now” or similar wording), you legally accept the offer, thereby concluding the contract.

(4) Your requests for the preparation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g. by email), which you may accept within 5 days unless a different period is specified in the respective offer.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically possible and, in particular, that emails are not blocked by spam filters.

§ 3 Contract Term / Cancellation of Subscription Contracts

(1) The subscription contract concluded between you and us is for an indefinite term. After receiving the first two deliveries, you may pause or cancel the contract at any time with immediate effect.

(2) The right to terminate the contract without notice for good cause remains unaffected.

(3) Any cancellation must be declared and submitted either in text form (e.g. by email) or via the cancellation button integrated into our website (“Cancel contracts here” or similar wording).

§ 4 Special Agreements Regarding Offered Payment Methods

(1) Payment via “PayPal” / “PayPal Checkout”

If you select a payment method offered via “PayPal” / “PayPal Checkout”, payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22–24 Boulevard Royal, L-2449 Luxembourg; “PayPal”).

The individual payment methods available via PayPal are displayed under a correspondingly labelled button on our website and during the online ordering process. PayPal may use additional payment services to process payments. Where special payment terms apply, you will be informed separately.

Further information about PayPal can be found at:
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full

(2) Payment via “Shopify Payments”

If you select a payment method offered via “Shopify Payments”, the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; “Stripe”).

The individual payment methods available via Shopify Payments are displayed under a correspondingly labelled button on our website and during the online ordering process. Stripe may use additional payment services to process payments. Where special payment terms apply, you will be informed separately.

Further information about Shopify Payments can be found at:
https://www.shopify.com/de/legal/terms-payments/de

§ 5 Right of Retention, Retention of Title

(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following additionally applies:

a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transferring ownership of the goods subject to retention of title as security is not permitted before ownership has passed.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice total, and we accept this assignment. You remain authorised to collect these claims. However, if you fail to properly fulfil your payment obligations, we reserve the right to collect the claims ourselves.

c) If the goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title compared with the other processed items at the time of processing.

d) At your request, we undertake to release the securities to which we are entitled insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 6 Warranty / Liability for Defects

(1) The statutory rights relating to defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty rights.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own information and the manufacturer’s product description shall be deemed agreed characteristics of the goods, but not other advertising, public statements or statements made by the manufacturer.

b) In the event of defects, we shall provide warranty performance at our discretion by repair or replacement delivery. If rectification of the defect fails, you may, at your discretion, demand a price reduction or withdraw from the contract.

Rectification shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or defect or other circumstances indicate otherwise.

In the event of repair, we are not required to bear increased costs resulting from the goods being moved to a location other than the place of performance, unless such movement corresponds to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the limitation period does not apply:

• to culpably caused damage attributable to us arising from injury to life, body or health, or to other damage caused intentionally or through gross negligence;
• insofar as we fraudulently concealed the defect or provided a guarantee regarding the quality of the goods;
• to goods that have been used for a building in accordance with their customary purpose and have caused the building to be defective;
• to statutory rights of recourse that you have against us in connection with rights relating to defects.

§ 7 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country of their habitual residence.

(2) The place of performance for all services arising from business relationships with us, as well as the place of jurisdiction, shall be our registered office insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law.

The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is unknown at the time legal proceedings are initiated.

The right to bring proceedings before a court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

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II. Customer Information

1. Identity of the Seller

tigogreen gmbH
Geigelsteinstr. 10
83080 Oberaudorf
Germany

Phone: +49 8033 4954399
Email: info@tigogreen.de

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

2. Information on the Conclusion of the Contract

The technical steps required to conclude the contract, the conclusion of the contract itself and the options for correcting input errors are governed by the provisions on the “Conclusion of the Contract” in our General Terms and Conditions (Part I).

3. Contract Language and Storage of the Contract Text

3.1. The contract language is German.

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed using the browser’s print function or saved electronically.

After we receive the order, the order details, the legally required information for distance-selling contracts and the General Terms and Conditions will be sent to you again by email.

3.3. For requests for offers made outside the online shopping cart system, you will receive all contract details as part of a binding offer in text form, e.g. by email, which you can print or save electronically.

4. Codes of Conduct

4.1. We have agreed to comply with the Buyer Seal quality criteria of Händlerbund Management AG, available at:

https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf

5. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and Payment Terms

6.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.

6.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are displayed separately during the ordering process and must be paid by you in addition, unless free shipping has been promised.

6.3. For deliveries to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees charged by financial institutions). These costs must be borne by you.

6.4. Any money transfer costs incurred (bank transfer or exchange rate fees charged by financial institutions) must also be borne by you in cases where delivery is made to an EU member state but payment is initiated from outside the European Union.

6.5. The payment methods available to you are displayed under a correspondingly labelled button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for immediate payment.

7. Delivery Conditions

7.1. The delivery conditions, delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

7.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the goods during shipment passes to you only when the goods are handed over to you, regardless of whether the shipment is insured or uninsured.

This does not apply if you independently commission a transport company not designated by the trader or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are carried out at your risk.

8. Statutory Liability for Defects

Liability for defects is governed by the provisions on “Warranty / Liability for Defects” in our General Terms and Conditions (Part I).

9. Contract Term / Cancellation

Information on the duration of the contract and the cancellation conditions can be found in the provisions on “Contract Term / Cancellation of Subscription Contracts” in our General Terms and Conditions (Part I) and in the respective offer.

These General Terms and Conditions and Customer Information were prepared by lawyers specialising in IT law at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal compliance of these texts and assumes liability in the event of legal warnings.

Further information can be found at:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service

Das ist die direkte englische Übersetzung des von dir hochgeladenen deutschen AGB-Texts. Eingefügter Text