The General Terms and Conditions for consumers can be found here
§ 1 Scope of application
1. These GTC only apply if the customer is an commercial buyer/entrepreneur/trader within the meaning of § 14 BGB (German Civil Code).
2. These General Terms and Conditions apply to all orders, contracts and deliveries of Tanks Direkt GmbH, via www.tanksdirekt.de to commercial buyers/traders.
3. Our deliveries and services shall be provided exclusively in accordance with the following General Terms and Conditions. These shall also apply to all future business relations, even if they are not agreed again. No deviating terms and conditions of the customer shall apply, unless Tanks Direkt GmbH expressly consents to their validity in writing.
§ 2 Conclusion of contract
1. Our offers on the Internet are non-binding and not a binding offer to conclude a sales contract.
2. You can submit a binding purchase offer (order) via our online shopping cart system. The goods intended for purchase are stored in the shopping cart. Before sending the order you have the possibility to check all data again, to change it (also possible via the function "back" of the internet browser) or to cancel the purchase. By submitting the order via the button "Place Order"; you submit a legally binding offer to us. You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.
3. A contract of sale for the goods ordered by you will be concluded only when we expressly accept the offer to conclude a contract of sale by email, or when we send you - in the event of an order as part of an electronic transaction- the ordered goods without an order confirmation within two days.
4. Requests for quotation are not binding for you. We will make you a binding offer in text form by e-mail, which you can accept within the specified period. Unless otherwise stated, offers are valid for 30 days.
5. The processing of the order and transmission of all information required with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of e-mails is technically ensured and that SPAM filters do not prevent it.
§ 3 Passing of risk
1. The risk passes to the customer as soon as the goods have been passed on to the forwarder and have left our warehouse.
2. Claims for transport damage shall immediately be asserted by the customer directly to the forwarder or Tanks Direkt GmbH within the applicable period.
3. Any shipment effected by the customer to Tanks Direkt GmbH is carried out at the sole risk of the customer until the goods arrive at the warehouse of Tanks Direkt GmbH. Especially the risk of transport is solely taken by the customer.
§ 4 Warranty
1. Tanks Direkt GmbH shall be liable for material defects in accordance with the applicable statutory provisions.
2. As a commercial buyer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
3. Claims concerning the scope of delivery, product defects, wrong deliveries and varying quantities, shall be asserted in writing immediately – at the latest one week after receipt of the goods, if the claims can be noticed by reasonable inspection. Punctual dispatch suffices to comply with the time limit. After this period of one week, warranty for obvious defects shall expire.
4. In the event of any justified claim, Tanks Direkt GmbH will deliver the missing articles, mend the goods respective or send new products.
§ 5 Liability
1. In the event of slightly negligent infringement of obligations by Tanks Direkt GmbH, the liability shall be limited to the foreseeable, actual damage typical to the contract. This shall also apply for slightly negligent infringements of obligations by Tanks Direkt’s vicarious agents.
2. Tanks Direkt GmbH is not liable for slightly negligent violations of non-substantial contractual obligation.
3. The limitations on liability do not apply for claims of customers regarding product liability. The limitations on liability do not apply to costumer claims filed for damage due to loss of life, limb or health caused by Tanks Direkt GmbH.
§ 6 Right of retention, Retention of title
1. You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
2. Tanks Direkt GmbH retains title to the delivered goods until full payment is made.
§ 7 Choice of law, place of fulfilment, place of jurisdiction
1. The place of performance and the place of jurisdiction for all contracts is the registered office of Tanks Direkt GmbH, if the customer is a merchant as defined in the German Commercial Code (HGB), a legal person or a publicly owned trust.
2. Tanks Direkt GmbH is entitled to take legal action at the place of jurisdiction of the contracting party. This agreement is subject to German law.
3. The commercial law of the United Nations shall not be applied.
§ 8 Severability clause
Should any of the provisions in these General Terms and Conditions be or become invalid, all other provisions of the General Terms and Conditions shall remain valid. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.
1. Identity of the seller
Tanks Direkt GmbH
Kirchhofstr. 3
41199 Mönchengladbach
Germany
Phone: +49 (0) 2161 40 257 173
E-mail: info@tanksdirekt.de
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out according to § 2 of our General Terms and Conditions (Part I).
3. Contract language, Contract text storage
3. 1 The language of the contract shall be German.
3. 2 The complete text of the contract shall not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved via the browser's print function. After receipt of the order by us, the order data, the legally prescribed information for distance sales contracts and the General Terms and Conditions will be accepted as read or send by e-mail to you.
3. 3 In the case of requests for quotations outside the online shopping cart system, you will receive all contractual data within the scope of a binding quotation by e-mail, which you can print out or save electronically.
4. Essential characteristics of our goods or services
The essential characteristics of the goods and/or services can be found in the article description and the supplementary information on our website.
5. Prices and Payment
5.1. The prices specified on the product pages are shown excluding the statutory VAT. Shipping costs are excluding VAT as well, unless otherwise stated. Prices including VAT are shown separately on the product pages and in the final overview at the shopping cart.
5.2. The shipping costs are not included in the purchase price. They are shown on the product page itself on a single product level base excluding VAT, as well as during the ordering process, and available on the shipping cost table at the footer of the website.
5.3. The available payment methods are indicated on payment methods at the bottom of the website.
5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of delivery
6. 1. The terms of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately marked button on our website and in the respective item description of the product itself.
6.2 Delivery and dispatch are at your risk.
