AGB
Scope
These general terms and conditions (hereinafter "GTC") apply to all contracts concluded via the online shop of Precovery Global Group GmbH ("Provider") and other activities between the Provider and customer, regardless of whether the customer is a consumer or an entrepreneur*. The customer is a consumer if the purposes of the order cannot be attributed to their commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity.
The version of the GTC valid at the time the respective contract is concluded is decisive.
Deviating or supplementary general terms and conditions of the customer or third parties are not recognised and therefore not part of the contract, even if the Provider does not contradict them. If the Provider refers to a letter that contains or refers to third-party terms and conditions, it will still not constitute consent to the validity of those terms and conditions. This will only apply if the Provider expressly agrees to the validity of other terms and conditions in writing.
Conclusion of contract
The presentation and advertising of goods in the online shop by the Provider do not constitute a binding offer to conclude a contract.
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The customer can select the goods in the online shop and place them in the shopping cart by clicking the "Add to shopping cart" button. Input errors can be corrected by clicking on the "Order with obligation to pay" button using the "Check order" button and the usual keyboard and mouse functions. By clicking on the "Order with obligation to pay" button, the customer submits a binding offer to purchase the goods in the shopping cart. The customer is bound to their offer two weeks after submission of the offer. Any cancellation rights of the customer remain unaffected.
After receipt of the customer's order by the Provider, the customer immediately receives an acknowledgment of receipt, which confirms the receipt of their order. This is not yet a declaration of acceptance. The contract is only concluded if the Provider accepts the customer's offer within 10 days by means of a declaration of acceptance, which is sent in a separate e-mail, by requesting payment after the order has been placed, or by delivering the goods.
If the delivery of goods ordered by the customer is not possible, for example because the corresponding goods are not in stock, the Provider will refrain from a declaration of acceptance. In this case, a contract is not entered into. The Provider will inform the customer immediately.
Within the e-mail in which the declaration of acceptance is sent, or in a separate e-mail, but no later than upon delivery of the goods, the contract text (contract confirmation) comprising the order, GTC and order confirmation is sent to the customer on a durable medium (e-mail or paper printout).
The contract text is saved by the Provider in compliance with data protection, however, it is not accessible to the customer.
The final contract is in German.
Delivery
The Provider is entitled to make partial deliveries if this is reasonable for the customer.
Unless a different delivery time is specified in the Provider's online shop, the delivery time is two to five working days (Monday to Friday).
The delivery times specified by the Provider are calculated from the time of the order confirmation by the Provider. If the customer is obliged to provide advance performance, the delivery times are calculated from the time of receipt of the advance performance.
The shipping costs can be viewed under the following link: URL shipping costs table follows
Retention of title
The delivered goods remain the property of the Provider until the purchase price has been paid in full.
Prices and shipping costs
All prices stated on the Provider's website include the applicable statutory sales tax.
The shipping costs are specified in the order form and are to be borne by the customer, unless the customer makes use of their right of withdrawal. In this case, the Provider will reimburse the shipping costs, unless additional costs have arisen because the customer has opted for a different type of delivery than the cheapest standard delivery offered by the Provider.
If the Provider fulfils the customer's order by partial delivery in accordance with the regulation under "Delivery", 1st sentence, the customer only must bear the shipping costs for the first partial delivery. If the partial delivery is made at the customer's request, the shipping costs will be borne by the customer for each partial delivery.
If the customer is a consumer and makes use of their right of withdrawal, the customer will bear the direct costs of the return.
Payment arrangements
Payment of the purchase price is due immediately upon conclusion of the contract.
The customer can make the payment by Sofortüberweisung, Klarna, credit card, debit card, Apple Pay, Google Pay or PayPal.
In the event of a default of payment, the Provider is entitled to demand default interest at the statutory rate. If the Provider has demonstrably incurred higher damage caused by delay, it is entitled to assert this.
Offsetting and right of retention
A customer who is an entrepreneur may only offset claims of the Provider with legally established or undisputed claims.
The customer can only exercise their right of retention under Section 273 of the BGB if the counterclaim stems from the same contractual relationship.
Warranty
The Provider is liable for defects in quality and title in accordance with the applicable statutory provisions, in particular in accordance with Sections 434 et seq. of the BGB. In relation to entrepreneurs, the warranty period for goods delivered by the Provider is twelve months.
A guarantee only exists if this was expressly given in the order confirmation for the respective goods. A manufacturer's guarantee is a guarantee given by the manufacturer and does not constitute an assumption of a guarantee by the Provider.
Provisions for supplementary performance
As a supplementary performance, the customer can generally demand the elimination of a defect (“subsequent improvement”) or the delivery of a defect-free item (“subsequent delivery”) according to Section 439 of the BGB applies.
If the customer has a subsequent performance claim against the Provider and chooses subsequent improvement, the place of subsequent performance is the location of the Provider's branch/office.
Return if supplementary performance is requested
If possible, the customer is asked to use the original packaging when returning the goods, even if this is damaged upon opening it for a functional test. The customer is not obliged to do this but can prevent the Provider from demanding compensation for the missing original packaging by returning the item in the original packaging.
The customer is asked to contact the Provider by e-mail (info@precovery-global.com) to receive a return label. They can then return the package free of charge.
Liability
The liability of the Provider is excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health, or from the breach of essential contractual obligations (so-called cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer can regularly rely.
In the event of a breach of essential contractual obligations, the Provider is only liable for the contractually typical, foreseeable damage if this was caused by slight negligence, unless the customer claims for damages from injury to life, limb or health.
The provisions on liability also apply to the legal representatives and vicarious agents of the Provider.
The provisions of product liability law remain unaffected.
Copyrights
The Provider hold the copyrights for all images, films and texts published in the online shop. The images, films and texts may not be used without the express consent of the Provider.
Right of withdrawal
When concluding distance-selling transactions consumers generally have a statutory right of withdrawal, about which the Provider will inform you below in accordance with the statutory model.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must send us, Precovery Global Group GmbH, Steinmühlen 9, 52396 Düren, e-mail: info@precovery-global.com, a clear statement (e.g., a letter sent by post or e-mail) informing us of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but it is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we will refund all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this refund, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you. Under no circumstances will you be charged fees for this refund.
We may refuse the refund until we have received the returned goods or until you have provided proof that you have returned the goods.
You must return or hand over the goods to Precovery Global Group GmbH immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the fourteen-day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from handling them in a manner other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of revocation
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Scope
These general terms and conditions (hereinafter "GTC") apply to all contracts concluded via the online shop of Precovery Global Group GmbH ("Provider") and other activities between the Provider and customer, regardless of whether the customer is a consumer or an entrepreneur*. The customer is a consumer if the purposes of the order cannot be attributed to their commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity.
The version of the GTC valid at the time the respective contract is concluded is decisive.
Deviating or supplementary general terms and conditions of the customer or third parties are not recognised and therefore not part of the contract, even if the Provider does not contradict them. If the Provider refers to a letter that contains or refers to third-party terms and conditions, it will still not constitute consent to the validity of those terms and conditions. This will only apply if the Provider expressly agrees to the validity of other terms and conditions in writing.
Conclusion of contract
The presentation and advertising of goods in the online shop by the Provider do not constitute a binding offer to conclude a contract.
The customer can select the goods in the online shop and place them in the shopping cart by clicking the "Add to shopping cart" button. Input errors can be corrected by clicking on the "Order with obligation to pay" button using the "Check order" button and the usual keyboard and mouse functions. By clicking on the "Order with obligation to pay" button, the customer submits a binding offer to purchase the goods in the shopping cart. The customer is bound to their offer two weeks after submission of the offer. Any cancellation rights of the customer remain unaffected.
After receipt of the customer's order by the Provider, the customer immediately receives an acknowledgment of receipt, which confirms the receipt of their order. This is not yet a declaration of acceptance. The contract is only concluded if the Provider accepts the customer's offer within 10 days by means of a declaration of acceptance, which is sent in a separate e-mail, by requesting payment after the order has been placed, or by delivering the goods.
If the delivery of goods ordered by the customer is not possible, for example because the corresponding goods are not in stock, the Provider will refrain from a declaration of acceptance. In this case, a contract is not entered into. The Provider will inform the customer immediately.
Within the e-mail in which the declaration of acceptance is sent, or in a separate e-mail, but no later than upon delivery of the goods, the contract text (contract confirmation) comprising the order, GTC and order confirmation is sent to the customer on a durable medium (e-mail or paper printout).
The contract text is saved by the Provider in compliance with data protection, however, it is not accessible to the customer.
The final contract is in German.
Delivery
The Provider is entitled to make partial deliveries if this is reasonable for the customer.
Unless a different delivery time is specified in the Provider's online shop, the delivery time is two to five working days (Monday to Friday).
The delivery times specified by the Provider are calculated from the time of the order confirmation by the Provider. If the customer is obliged to provide advance performance, the delivery times are calculated from the time of receipt of the advance performance.
The shipping costs can be viewed under the following link: URL shipping costs table follows
Retention of title
The delivered goods remain the property of the Provider until the purchase price has been paid in full.
Prices and shipping costs
All prices stated on the Provider's website include the applicable statutory sales tax.
The shipping costs are specified in the order form and are to be borne by the customer, unless the customer makes use of their right of withdrawal. In this case, the Provider will reimburse the shipping costs, unless additional costs have arisen because the customer has opted for a different type of delivery than the cheapest standard delivery offered by the Provider.
If the Provider fulfils the customer's order by partial delivery in accordance with the regulation under "Delivery", 1st sentence, the customer only must bear the shipping costs for the first partial delivery. If the partial delivery is made at the customer's request, the shipping costs will be borne by the customer for each partial delivery.
If the customer is a consumer and makes use of their right of withdrawal, the customer will bear the direct costs of the return.
Payment arrangements
Payment of the purchase price is due immediately upon conclusion of the contract.
The customer can make the payment by Sofortüberweisung, Klarna, credit card, debit card, Apple Pay, Google Pay or PayPal.
In the event of a default of payment, the Provider is entitled to demand default interest at the statutory rate. If the Provider has demonstrably incurred higher damage caused by delay, it is entitled to assert this.
Offsetting and right of retention
A customer who is an entrepreneur may only offset claims of the Provider with legally established or undisputed claims.
The customer can only exercise their right of retention under Section 273 of the BGB if the counterclaim stems from the same contractual relationship.
Warranty
The Provider is liable for defects in quality and title in accordance with the applicable statutory provisions, in particular in accordance with Sections 434 et seq. of the BGB. In relation to entrepreneurs, the warranty period for goods delivered by the Provider is twelve months.
A guarantee only exists if this was expressly given in the order confirmation for the respective goods. A manufacturer's guarantee is a guarantee given by the manufacturer and does not constitute an assumption of a guarantee by the Provider.
Provisions for supplementary performance
As a supplementary performance, the customer can generally demand the elimination of a defect (“subsequent improvement”) or the delivery of a defect-free item (“subsequent delivery”) according to Section 439 of the BGB applies.
If the customer has a subsequent performance claim against the Provider and chooses subsequent improvement, the place of subsequent performance is the location of the Provider's branch/office.
Return if supplementary performance is requested
If possible, the customer is asked to use the original packaging when returning the goods, even if this is damaged upon opening it for a functional test. The customer is not obliged to do this but can prevent the Provider from demanding compensation for the missing original packaging by returning the item in the original packaging.
The customer is asked to contact the Provider by e-mail (info@precovery-global.com) to receive a return label. They can then return the package free of charge.
Liability
The liability of the Provider is excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health, or from the breach of essential contractual obligations (so-called cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer can regularly rely.
In the event of a breach of essential contractual obligations, the Provider is only liable for the contractually typical, foreseeable damage if this was caused by slight negligence, unless the customer claims for damages from injury to life, limb or health.
The provisions on liability also apply to the legal representatives and vicarious agents of the Provider.
The provisions of product liability law remain unaffected.
Copyrights
The Provider hold the copyrights for all images, films and texts published in the online shop. The images, films and texts may not be used without the express consent of the Provider.
Right of withdrawal
When concluding distance-selling transactions consumers generally have a statutory right of withdrawal, about which the Provider will inform you below in accordance with the statutory model.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must send us, Precovery Global Group GmbH, Steinmühlen 9, 52396 Düren, e-mail: info@precovery-global.com, a clear statement (e.g., a letter sent by post or e-mail) informing us of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but it is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we will refund all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this refund, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you. Under no circumstances will you be charged fees for this refund.
We may refuse the refund until we have received the returned goods or until you have provided proof that you have returned the goods.
You must return or hand over the goods to Precovery Global Group GmbH immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the fourteen-day period has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from handling them in a manner other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of revocation Sample withdrawal form (If you want to revoke the contract, please fill out this form and send it back.) To: Precovery Global Group GmbH, Steinmühlen 9, 52396 Heimbach, Tel.: +49 176 55685016, e-mail: info@tonin.de I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods Ordered on (*)/received on (*) Name of consumer(s) Address of consumer(s) Signature of consumer(s) (only if notification is on paper) date ___________ (*) Delete where not applicable. 8. RETURNS AND REFUNDS 8.1 Without prejudice to statutory rights under Articles 434 et seq. of the German Civil Code, any product ordered on the website which is defective can be returned to the company free of charge for a refund, as long as the product is returned within 30 days of receipt of the defective product. 8.2 If you wish to return a faulty product, you must contact us at info@tonin.de before returning faulty products. 8.3 You must obtain proof of your postage costs when sending your item to us. Proof of postage costs nothing, but without it we may not be able to process your refund or replacement of your product in the rare event that your item is lost in transit.
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