Terms and Conditions
Standard Terms and Conditions
1. Contract conclusion:
The items displayed in this online-shop are not rightly binding as an offer. They are a non-binding part of an online-catalogue and subject to confirmation. After entering your personal data and by clicking the "submit order" button, you are then making an obligatory order of the items in the shopping basket. The confirmation of the order follows immediately after sending the purchase order. The sales contract becomes valid with the conveyance of the invoice, which is sent to you by e-mail within our opening hours (on Mondays till on Fridays at the time from 8 a.m. to 4 p.m.) within an hour after the order, or the delivery of the goods. Should you not receive an invoice within 2 weeks or receive goods within 30 days, you are no longer bound to your purchase order.
2. Contract text:
The text of the contract will be saved. You may have an insight into the standard terms and conditions anytime on this website. You may also save the terms of contract. Your concrete data of order cannot be called up by internet due to safety reasons. They are handled confidentially in accordance with the Data security and privacy regulations.
3. General provisions:
The following General Terms and Conditions of Tonerfabrik™ Berlin, proprietor Stephan Zlanabitnig apply exclusively for all contracts, delivery or other performance. Any contrary terms and conditions or those of the customer which may contradict the General Terms and Conditions of Tonerfabrik shall not be recognized unless Tonerfabrik™ Berlin explicitly agrees to their application in writing. The General Terms and Conditions of Tonerfabrik™ Berlin also apply if Tonerfabrik™ Berlin executes delivery or performance for the customer without reservation while aware of existing contrary or contradictory terms and conditions of the customer. The General Terms and Conditions of Tonerfabrik™ Berlin also apply to any future business with the customer. Tonerfabrik™ Berlin may change or supplement general terms and conditions giving an adequate period of notice. Offers made before this period will be handled according to the general terms at the moment of order confirmation.
4. Offer:
Our offers are non-binding. Small differences and technical changes as compared with our illustrations and descriptions are possible. The catalogue looses its validity with the publication of a new edition.
5. Terms of delivery and payment:
Inside of Germany goods amounting to € 100 or more are free of cost for transportation, franco domicile. All prices are understood including regular VAT of 19% at the moment. Payment is to be made previously by bank transfer. For requested special kinds of delivery a local surcharge is added. The customer may also request a partial delivery. Cash on delivery will add a surcharge and is available to all customers inside and outside (Europe) of Germany.
6. Period of delivery
Goods that are marked Available from stock will be sent off within 3 working days after receipt of in-payment. Goods that are marked Available at short notice will be sent off within 7-10 working days after receipt of in-payment. Cases of force majeure entitle Tonerfabrik™ Berlin to postpone the delivery or performance for the duration of the hindrance, even during delay. In other cases the customer may withdraw from the contract after the customer grants Tonerfabrik™ Berlin a reasonable extension if delay is already in effect. He is then entitled to withdraw from the contract upon fruitless expiry of this extension and an ineffective threat of non-acceptance. As events of force majeure are considered all events which prevent or unreasonably impede to Tonerfabrik™ Berlin the delivery or performance and for which Tonerfabrik™ Berlin is not responsible, such as lawful strikes or lockouts, war, import and export prohibition, shortages of energy and raw materials, government intervention, and delayed self-supply beyond the responsibility of Tonerfabrik™ Berlin. Should the hindrance caused by the manufacturer or supplier last longer than two months, the customer as well as Tonerfabrik™ Berlin are entitled to withdraw from the agreement. Claims for damages made against Tonerfabrik™ Berlin as a result of delay or hindrance of performance, even those having arised until withdrawl from contract, are not possible, except if a legal representative of Tonerfabrik™ Berlin, Zlanabitnig has acted with gross or intentional negligence.
7. Right of return
The customer can return goods received without reason within 14 days by sending the goods back to Tonerfabrik Berlin. The cancellation period begins at the earliest after receipt of this instruction in text form (e.g. by letter, fax, e-mail), but no sooner than with the delivery of the goods (in cases of periodic delivery of similar goods no sooner than with the first partial delivery) and no sooner than the performance of our information obligations under article 246 § 2 in connection with § 1 Abs. 1 and 2 EGBGB and our obligations under § 312g Abs. 1 sentence 1 BGB in connection with article 246 § 3 EGBGB. Only in the case of goods unsuitable for return in packet form (e.g. bulky goods) or in the case of returns from outside Germany is it possible to request a return by a pick-up service in text form. To ensure that the deadline is met, it is sufficient to return the products or the return request within the stated time period. In all cases, return of goods is at our expense and liability. The return shipment or the request of return is to be made to:
TONERFABRIK BERLIN
propreitor: Dipl. jur. Stephan Zlanabitnig
Schnellerstraße 96
D- 12439 Berlin
service@tonerfabrik-berlin.de
At request of return the goods will be collected from you.
8. Consequence of return:
In case of an effective return, the services received by both parties shall be returned, and any benefits which might have accrued from their use reimbursed. Should the product reach us in impaired condition or if you are unable to return the benefits you have received (e.g. from use) or can only return these in part or in impaired condition, then you may have to compensate us accordingly. You will not have to compensate benefits you received or impairments which occurred solely as a result of checking the product’s features and functions. You will only have to compensate received benefits if your use of the product has gone beyond simply checking its features and functions. “Checking the features and functions” means testing and trying out the product, as is permissible and commonplace in our stores. Obligations regarding refunds of payments have to be fulfilled within 30 days. The time limit starts for you by either shipment of the goods or the declaration of return and for us by the respective date of receipt.
8.1. Exceptions of return:
*Goods, that are made according to specific customer requests, or are especially suited to a personal requirement, or that cannot be send back due to its composition, or that go bad quickly, or that have an expired expiration date.
*Audio or Video recordings or software if the seal of the delivered data carrier has been broken by you.
*Newspapers, Magazines and such.
8.2. Special indications for refill toner:
The broken seal of a toner bottle represents a total devaluation of the item, as the integrity of the toner can no longer be guaranteed and thus cannot be resold.
9. Guarantee:
9.1. Guarantee for consumers § 13 BGB
Sales contracts between Tonerfabrik™ Berlin, propreitor Stephan Zlanabitnig and consumers are subject to public law according to § 13 BGB.
9.2. Guarantee for the entrepreneur acc. to § 14 BGB
Sales contracts between Tonerfabrik™ Berlin, propreitor Stephan Zlanabitnig and entrepreneurs according to § 14 BGB contain the following regulations of guarantee:
Tonerfabrik™ Berlin, propreitor Stephan Zlanabitnig guarantees that the sold goods are free of material defects and manufactural defects at the time of passing of risk, and that they have the assured characteristics by contract. On arrival of the goods the customer has to examine the goods for defects and composition immediately. Applicable herein are the common law deadlines for lodging complaints. The guarantee lasts for 24 months starting from deliverance. When lodging complaints the date of purchase has to be proven by the in-voice. The item of complaint must be returned together with a copy of the in-voice and post-paid sufficiently. The guarantee does not include normal wear and tear or consequence of wrong operation. The guaratee expires if the customer makes changes to the delivered item. A partial or complete exchange of the item is feasible. Should Tonerfabrik not be willing or able to rectify the defects/make a substitute delivery or, in particular, should this be delayed beyond a reasonable period of time, the customer is entitled within the legal regulations to either withdraw from the agreement or demand price reduction.
Claims for loss of guarantee of third parties caused by our products are impossible. As far as in compliance with the common law BGB, claims of compensation for resultant damage due to defects are impossible. Further going claims of compensation of the customer, no matter the legal justification are impossible. We are therefore not liable for any damage that has not arised on the delivered item itself. Particularly, we are not liable for loss of profit or other damage to assets of the customer.
The reduction of liability of the last passage is not valid if the Tonerfabrik™ Berlin, propreitor Stephan Zlanabitnig or one of its own assistents to fulfillment or legal representatives act with gross negligence or intentional violation of duty, and this is causal for the damage emergence.
10. Place of jurisdiction ( not valid for consumers § 13 BGB) :
10.1. If you are an entrepreneur, a legal person by public law or a special asset by public law the place of jurisdiction for all disputes concerning the contract between you and us, and arising lawsuits born out of the contract is our german residence. This is also valid for offensive claims.
10.2. Number 10.1 is not valid in cases as follows:
1. If the lawsuit concerns non-wealth claims that are assigned to district court negligent oft the worth of object of disagreement or
2. if the legal action or collection proceedings are assigned to an exclusive place of jurisdiction.
10.3. Numbers 10.1. and 10.2. are valid even if you have no public place of jurisdiction in Germany, or if you move your place of residence after contract closure, or your place of residence or regular domicile is unknown at the time of institution of proceedings.
10.4. If the requirements of number 10.3. are fulfilled on only our behalf the place of jurisdiction is your german place of residence.
10.5. In cases not covered by 10.1., 10.2., 10.3., 10.4., the place of jurisdiction is assigned by applicable legal regulations.
11. Place of performance ( not valid for consumers § 13 BGB) :
If you are an entrepreneur, a legal person by public law or a special asset by public law the place of performance is our residence at the moment atthe moment Zlanabitnig).
the moment of contract closure (Tonerfabrik™ Berlin, Inh. Stephan Zlanabitnig).
12. Retention of ownership:
Firma Tonerfabrik™ Berlin, propreitor Stephan Zlanabitnig retains ownership of the object of agreement until all payments resulting from the contractual obligation with the customer are received in full.
13. Applicable law:
The agreement is subject to the laws of the federal republic of germany.
14. Language of the agreement:
Into dependence of the language (German or English) chosen at the order of the buyer the language of the agreement is German or English.
15. Saving data
Please observe that in compliance with the the federal data protection regulations (Bundesdatenschutzgesetzes BDSG) We are saving and managing our inventory data only for handling purposes of your purchase order. Personal data is handled confidentially. The customer has at any time right of free information, correction, blocking and deletion of his data. Please turn to service@tonerfabrik-berlin.de, or forward your request by mail or fax.
We are not passing on any of the personal customer data, including address or email address, to third parties without the customers expressed permission revocable at any time. That is except for our service partners who require transmission of data for the handling of the purchase order (transportation service and liquidation service credit institution). In this case the passing on of data is the required minimum.
For further information about saving data please refer to our data security site.
