The General Terms and Conditions for commercial buyers can be found here
§ 1 Scope of application
1. These General Terms and Conditions apply to all contracts and deliveries of Tanks Direkt GmbH via www.tanksdirekt.de to consumers. Unless otherwise agreed, the inclusion of any own terms and conditions used by you is contradicted.
2.Consumer means any natural person who enters into a transaction for a purpose that is predominantly outside his trade, business or profession. A trader, on the other hand, means a natural or legal person or a partnership with legal personality who or which, when entering into a contract, acts in exercise of his or its trade, business or profession.
§ 2 Contracting partner
Contracts of sale are concluded with:
Tanks Direkt GmbH
Kirchhofstr. 3
D-41199 Mönchengladbach
Phone: +49 (0) 2161 40257 173
E-mail: info@tanksdirekt.de
§ 3 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 express 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.
§ 4 Cancellation Policy
You are entitled to cancel your offer to conclude a contract within 14 days, with no necessity to state reasons. The period of 14 days starts with the handing over of the goods to you or a third person you appointed, except the carrier.
In order to cancel your offer to conclude a contract, you need to declare clearly in writing the wish to cancel. A clear declaration can be done by e-mail (preferred), or by conventional mail. You are welcome to use the sample request for cancellation, but this is not prescribed. The on-time dispatch of the cancellation will do to comply with the period for cancellation.
The cancellation must be addressed to:
Tanks Direkt GmbH
Kirchhofstr. 3
D-41199 Mönchengladbach
Phone: +49 (0) 2161 40 257 173
E-Mail: info@tanksdirekt.de
Consequences of cancellation
In case of a valid cancellation, we are returning all payments we received from you, including delivery costs (exempted are delivery costs, which result from a different shipping method than our standard, most cost effective shipping fee) within a 14 day time period. This period starts with the day we receive your cancellation request. Refunds will be done by the same payment method chosen when making the order unless otherwise agreed. By no means will we be charging fees for refunds. We can refuse refunds until the goods are back in our hands or you can proof the goods have indeed been shipped back to us, whichever point in time is the earliest.
You are obliged to ship items back to us to our return address in the Netherlands without delay and at the latest 14 days from the day you informed us of the cancellation request.
Return address:
Rotterdam Plastics B.V
Kiotoweg 48
3047 BG Rotterdam
Nederlands
Phone: +49 (0) 2161 40 257 173
E-Mail: info@tanksdirekt.de
Only at the above specified address we can process your return.
The period of cancellation is complied with if you send the goods back within 14 days of receiving them. You cover the immediate costs of returning standard packages/parcels. The return has to be organized by the buyer. It is possible that not all shipping service providers are accepting large-volume parcels and/or heavy shipments.
You also cover the immediate costs of returning non-parcels but palletizable goods. The costs for palletizable goods are dependent on size, weight, and used shipping company and are estimated at a maximum of about 71-150 EUR.
Non-palletizable goods e.g. large-volume storage tanks are much more expensive in shipping and the costs depend on your transport company at your place. Depending on the loading meter or loading volume, costs between 150 EUR and a maximum of 500 EUR can incur.
Worsening of the goods and benefits made from that use only have to be compensated for if the use or the worsening of the goods are a result of using the goods to an extend which goes beyond the check of the features or function.
§ 5 The right of cancellation does not exist
End of instructions on cancellation
§ 6 Sample request for cancellation
If you want to cancel your contract with us, please fill out this from and send it back to us.
Tanks Direkt GmbH
Kirchhofstr. 3
D-41199 Mönchengladbach
Phone: +49 (0) 2161 40 257 173
E-Mail: info@tanksdirekt.de
- I/we(*) hereby declare the wish to cancel the buying contract of the following products(*)/ fulfillment of services(*)
- Ordered on(*)/received on(*)
- Name of customer(s)
- Address of customer(s)
- Signature of customer(s) (only if done by letter)
- Date
____________________________
(*) Please delete where inapplicable.
§ 7 Reservation of ownership
Tanks Direkt GmbH retains title to the delivered goods until full payment is made.
§ 8 Warranty
1. We shall be liable for defects in material or title of items delivered in accordance with the valid statutory provisions, according to 434 et seqq of the German Civil Code (BGB).
2. The period of limitation for statutory claims regarding faults shall be two years and begins on delivery of the goods.
§ 9 Liability
1. We shall be liable to you in all cases of contractual and extra-contractual liability in the event of intent and gross negligence in accordance with the legal provisions for compensation or reimbursement of anticipation expenses.
2. In all other cases we shall only be liable, unless governed otherwise under para. 4, for breaches of a contractual duty the fulfilment of which is necessary to make the proper performance of the agreement possible and on which fulfilment you may normally rely as a customer and our liability in this case shall be limited to the compensation of the foreseeable and typical loss.
3. In all other cases, our liability shall be excluded subject to the provisions under para. 4.
§ 10 Refusal to accept
1. The forwarding expenses are not refunded with an acceptance refusal. The return of the goods is charged to the buyer. Amounts for Germany are currently: 8€, 14€, 28€ incl. VAT, depending on the size and weight of the package. Further forwarding expenses depending on weight and country you find in our shipping cost table.
2. If the parcel carrier does not find you at the specified delivery address, the delivery can be deposited in a DHL parcel shop for collection. The delivery will be stored for you for a maximum of seven working days. DHL will send you an information about this in your mailbox. After seven working days the package will be returned to us. The costs of sending the goods back will not be refunded. The return shipment of the goods from Germany is charged to the buyer and currently amounts to 8€, 14€, 28€ incl. VAT, depending on size and weight of the package. Further forwarding expenses depending on weight and country you find in our shipping cost table.
§ 11 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.
§ 12 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 § 3 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 extra during the ordering process and are available on the shipping cost table at the bottom of the website.
5.3. The available methods of payment are indicated on a link payment methods at the bottom of the website.
5.4. Unless otherwise stated for 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 or in the respective item description of the product.
6.2. Data transmission to our logistics partner
Your address data will be used for the delivery of your ordered goods and transmitted to our logistics partner. For the use of the following services of our logistics partner, it is necessary to include your e-mail address:
For the use of the following services of our logistics partner it is necessary to transmit your telephone number:
By sending an order or submitting a binding offer via out shopping cart system; you give us the right to transmit the necessary data to our logistics partners.
6.3. Cancellation of an unpaid order
When ordering via our online shopping cart system, the articles and quantities are reserved for this order. Unpaid orders block stocks quantities. Therefore, an order is automatically cancelled after seven days if we do not receive any payment. However, a reactivation of this order is possible at any time. By cancelling the order, the articles or quantities reserved by this order are released for sale again and can be purchased by other customers. If payment is made after a cancellation or reactivation of an order, the desired shipping time can no longer be guaranteed, as the desired items or quantities may have already been purchased from other customers.
7. Online dispute resolution
7.1. Disputes between consumers and merchants in connection with online contracts of sale or online service agreements are to be resolved via an online dispute resolution platform (ODR platform). This platform has been set up by the European Union and can be accessed at http://ec.europa.eu/consumers/odr. The use of the online platform is neither necessary nor obligatory. Hence, consumers are free to assert claims without prior use of the ODR platform.
7.2. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer dispute resolution board.
