1) SCOPE OF APPLICATION1.1 These terms and conditions of topengi sp. z o.o., topengi Deutschland GmbH, topengi España S.L. and topengi Italia S.r.l. (hereinafter "Seller"), shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions of Business is any natural person acting for purposes that are outside his or her trade, business, craft or profession. An entrepreneur within the meaning of these General Terms and Conditions of Business is any natural or legal person or a partnership with legal capacity who acts himself or through another person acting in his name or on his behalf for purposes that can be attributed to his commercial, business, craft or professional activities.
2) CONCLUSION OF CONTRACT2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to provide a binding offer by the customer
2.2 The Customer may submit the offer using the online order form integrated in the Seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to enter into a contract with respect to the goods and/or services contained in the shopping cart by clicking on the button concluding the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the goods ordered to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If several of the aforementioned alternatives are available, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 The period for acceptance of the offer begins on the day after the Customer has sent the offer and ends at the end of the fifth day following the dispatch of the offer.
2.5 When an offer is submitted via the Seller's online order form, the text of the contract is saved by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller's website and can be called up by the Customer free of charge via his password-protected customer account by entering the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before sending his order.
2.6 Prior to the binding submission of the order via the Seller's online order form, the Customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
3) PRICES AND PAYMENT CONDITIONS3.1 The Seller's prices quoted are final prices and include the statutory value added tax. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.
3.2 The Customer has various payment options available to him, which are indicated in the Seller's online shop.
3.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
4) TERMS OF DELIVERY AND SHIPPINGThe delivery of goods is carried out by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address stated in the Seller's order processing is decisive for the transaction.
5) LIABILITY FOR DEFECTSThe statutory liability for defects applies.
6) APPLICABLE LAW, LEGAL VENUE6.1 If the Customer acts as a consumer within the meaning of clause 1.2, all legal relations between the Parties shall be governed by the laws of Poland, excluding the laws on the international sale of movable goods, and the Customer's place of residence shall be the exclusive place of jurisdiction for all disputes arising from this contract.
6.2 If the Customer acts as an entrepreneur within the meaning of clause 1.2, the law of the Federal Republic of Germany shall apply to all legal relations between the parties and the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of residence or business.