Internet Terms and Conditions of Sale of TM Room 77 Tina Mirza e.K. (hereinafter referred to as "Entrepreneur") for Consumers
§ 1 Scope of application
(1) These General Terms and Conditions (hereinafter: "Terms and Conditions") regulate the legal relationship between the Entrepreneur and their customers in relation to the delivery of goods of the Entrepreneur, which are presented on the Internet via the web site tmroom77.de of the Entrepreneur (hereinafter: "Goods Deliveries").
(2) Unless otherwise agreed in writing, these terms and conditions apply exclusively; conflicting or deviating from these terms and conditions of the customer are not recognized.
§ 2 Registration and data protection
(1) The conclusion of contracts for the delivery of goods by the Entrepreneur requires that the Customer registers on the Entrepreneur's website with the personal data requested there and declares his agreement with the validity of these Terms and Conditions. Only persons with unlimited legal capacity are entitled to register. There is no right to admission. With the registration the customer chooses a personal user name and a password according to the registration form deposited on the web site of the entrepreneur. The password must be kept secret by the customer and may not be disclosed to third parties.
(2) Apart from the obligations mentioned in § 2 paragraph 1 above, the registration of the Customer on the website of the Entrepreneur is not connected with any obligation and the registration is free of charge for the Customer. The Customer may have his registration deleted at any time. Changes can be entered online via the registration forms contained on the Entrepreneur's Web Site.
(3) The personal data entered by the Customer in the course of registration in accordance with § 2 (1) and (2) shall be used by the Entrepreneur solely for the purpose of processing the contracts concluded between the Entrepreneur and the Customer for the supply of goods and in accordance with the provisions of German data protection law. Any use beyond this for the purposes of advertising, market research or for the needs-based design of the service offers of the Entrepreneur requires the express consent of the Customer. The customer has the option to give this consent before declaring an order for goods, but it can be revoked at any time.
§ 3 Presentation of Goods, Orders and Conclusion of Contract
(1) The presentation of goods on the website of the entrepreneurs do not represent binding offers for the delivery of goods on the part of the entrepreneurs.
(2) Contracts for the delivery of goods between the Customer and the Entrepreneur are concluded by the Customer's e-mail order via the input masks contained on the Entrepreneur's website and the subsequent confirmation of acceptance by the Entrepreneur. The confirmation of acceptance is sent by e-mail from the entrepreneur to the address specified by the customer in the context of his registration.
§ 4 Terms of Delivery
(1) Unless otherwise expressly agreed with the Customer, all deliveries shall be made at the expense and risk of the Customer; the risk shall pass to the Customer upon handover to the shipping company commissioned by the Entrepreneur. The shipping costs are available on the website of the entrepreneur with the prices of the respective goods and are shown separately by the entrepreneur on the invoice for their deliveries.
(2) Delivery dates stated by the Entrepreneur on its website are non-binding, unless expressly stated otherwise. The observance of deadlines for deliveries requires the timely receipt of all information to be provided by the Customer as well as the observance of the agreed terms of payment and other obligations by the Customer. If these preconditions are not met, the delivery period shall be reasonably extended without prejudice to any further claims of the Contractor.
§ 5 Prices and terms of payment
(1) The prices for deliveries of goods shown on the Contractor's website are final prices including value added tax and transport costs.
(2) The purchase price for deliveries of goods by the Company shall become due immediately upon acceptance of the order by the Company. The payment has to be made according to the customer's choice by credit card (visa or mastercard), PayPal or within Germany by purchase on account (also possible without Paypal account). Outside Germany, customers also have the option of payment in advance.
§ 6 Retention of title
The goods delivered by the Entrepreneur to the Customer shall remain the property of the Entrepreneur until all claims of the Entrepreneur against the Customer arising from the sale of the goods have been satisfied in full.
§ 7 Claims for defects
(1) The Entrepreneur does not give any warranties for the quality of the goods delivered by him to Customers. In particular, the product or goods descriptions reproduced on the Contractor's website do not have the character of a guarantee.
(2) In the event of defects, the Customer's claims for subsequent performance, reduction and withdrawal from the contract shall be governed by the statutory provisions. Damages can only be claimed under the conditions of § 8 below.
§ 8 Limitation of liability
(1) Subject to § 8 (2) and/or (3) below, the Customer's claims for damages, irrespective of the legal grounds, as well as its claims for reimbursement of futile expenses shall be (a) limited to an amount equal to the price agreed in respect of the goods delivered that are the cause of the damage and (b) otherwise excluded.
(2) The limitation of liability pursuant to § 8 para. 1 shall not apply if the cause of the damage is based on a grossly negligent or intentional breach of duty or on an at least negligent breach of material contractual obligations (cardinal obligations); in the event of a negligent breach of material contractual obligations, the amount of liability shall be limited to the typically foreseeable damage.
(3) Furthermore, the limitation of liability pursuant to § 8 para. 1 shall not apply to damages resulting from injury to life, body or health, in the case of liability under the Product Liability Act or insofar as the entrepreneur has fraudulently concealed a defect or has exceptionally assumed a guarantee.
§ 9 Right of revocation
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. To exercise your right of withdrawal, you must inform us (Tm Room 77, Eppendorfer Weg 77, 20259 Hamburg, Tel.: +49 (0)40 / 4210 2527, Fax: 49 (0)40 / 4210 2528, E-Mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Upon receipt of the return, we will refund the value of the goods, but not the delivery costs!
(3) In the event of revocation, the customer is also obligated to pay compensation for any deterioration caused by the intended use of the goods. The customer can avoid this if he merely checks the goods for their usability and suitability. Unless otherwise stipulated above, the customer shall also be liable for any deterioration or destruction of the goods in question.
(4) The right to revoke the contract exists independently of any claims for defects on the part of the customer pursuant to § 7.
§ 10 Final Provisions
(1) These Terms and Conditions and the contracts concluded between the Entrepreneur and the Customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) If the Customer does not have a general place of jurisdiction in Germany, the registered office of the Entrepreneur shall be the exclusive place of jurisdiction for all disputes between the Customer and the Entrepreneur.
(3) Deviations from these terms and conditions must be made in writing. This shall also apply to any amendment of this written form clause.
(4) Should individual or several provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
Consumer information for distance contracts for the purchase of goods from the entrepreneur
insofar as you order goods when visiting the homepage of the entrepreneurs, which can be attributed neither to your commercial nor your independent professional activity, we point out the following:
1. the language available for the conclusion of the contract via the web site of the entrepreneur is exclusively German.
2. the essential characteristics, properties and other features of the goods offered by the entrepreneur can be found in the individual product descriptions within the framework of the web site of the entrepreneur.
The presentation of goods of the entrepreneur on the website of the entrepreneur is for information purposes only and does not constitute a binding offer for the delivery of goods by the entrepreneur. Contracts for the supply of goods between you and the Company shall only come into existence through your e-mail order via the input masks contained on the Company's website and the subsequent confirmation of acceptance by the Company. The confirmation of acceptance is sent by e-mail from the entrepreneur to the address you provided during your registration. 4.
4. you can correct any input errors when submitting your orders via the input masks on the website of the entrepreneur with the help of a delete and change function before sending the order.
5. the prices for goods shown on the web site of the entrepreneur are the final prices including value added tax and transport costs.
6. the purchase price for goods delivered by the company is due immediately upon acceptance of the order by the company. The payment has to be made at your choice by credit card, by bank transfer or via Paypal. Our bank account is Hamburger Sparkasse, BLZ 20050550, account no. 1011211396. For payments by credit card we use the transmission method "SSL" to encrypt your personal data.
7. you have a right of withdrawal according to the following conditions:
You can revoke your contract declaration within one month without giving reasons in writing e.g. letter, fax or e-mail or by returning the goods. The period begins at the earliest with receipt of this instruction. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.
The revocation is to be addressed to
TM Room 77 Tina Mirza e.K., Eppendorfer Weg 77, 20259 Hamburg, Germany
In case of a return from a delivery of goods, you have to bear the costs of the return.
In the event of a valid revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the services received in whole or in part or only in a deteriorated condition, you may have to compensate the entrepreneur for the loss of value. This does not apply to the examination of goods if the deterioration of the goods is exclusively due to their examination - as it would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation by not using the goods as an owner and refrain from doing anything that could reduce their value. Items that can be sent as a parcel are to be returned to the above address of the entrepreneur. Items that cannot be sent by parcel post will be collected from you by the entrepreneur.
If you have any questions about your right of withdrawal and/or our offers, you can contact our customer service by e-mail to the following address email@example.com.
The right to revoke the contract exists independently of your warranty claims, if the goods should have defects. If there is a defect under warranty, you are entitled under the statutory provisions to require supplementary performance, withdraw from the contract or reduce the purchase price.
8. in all other respects we refer to our general trading conditions.
TM Room 77 Tina Mirza e.K.
registered merchant, HRA100876 , district court Hamburg
represented by the owner Mrs. Tina Mirza
Eppendorfer Weg 77 20259 Hamburg, Germany
Sales tax identification number DE 118 988 571.