Terms and Conditions
TBM Blue Planet Trading OG
Any relationship between the customer and TBM Blue Planet Trading OG is exclusively subject to the terms and conditions of TBM Blue Planet Trading OG starting 1/04/2013 regardless of the means of communication. Except by written consent on the part of TBM Blue Planet Trading OG, the customer accepts the terms and conditions of TBM Blue Planet Trading OG unconditionally as the basis for the business relation.
2. Contract completion/Withdrawal
The customer´s order is an offer. The purchase contract is only valid after the customer receives the shipping confirmation. The contract language is German. If any offered products are no longer available or out of stock, the customer will be notified immediately. Within 14 days after receiving the goods, the customer has the right to withdraw from the contract without giving any reasons. There is no right of withdrawal from the contract for used items. The customer pays the entire return costs. The customer is obliged to use appropriate packing for the return shipment in order to prevent damage from transport. If TBM Blue Planet Trading OG has sent a wrong or defective product, the shipping costs will be subsequently refunded within 14 days of the receipt of the goods. After the withdrawal comes into force, the payment made will be refunded within 14 days or credited in exchange for a new product. If the offer on the website has a writing-, printing- or calculation error or our supplier is not able to deliver the ordered goods despite a contractual obligation, TBM Blue Planet Trading OG is entitled to withdraw from the contract.
The delivery goes to the address provided by the customer using GLS or Railcargo Austria, depending on size and weight. Delivery dates on the shipping confirmation and on the website are not binding and in certain cases they might take up to 14 days longer without the customer´s right to cancel the contract. Acts of nature beyond control can also extend delivery times without the right to withdraw from the contract. If the shipping address is incorrect or has changed or there is a refusal of acceptance or the shipment is undeliverable despite the notification by GLS/Railcargo Austria, the customer has to bear the costs of this non-executable delivery. Furthermore, TBM Blue Planet Trading OG may withdraw from the contract in such a case. Principally, the risk passes to the customer when the delivery leaves the warehouse. If the goods are damaged, we kindly ask the customer to contact us immediately. If the delivery/packaging is obviously damaged, we kindly ask the customer to note this on the confirmation receipt.
4. Payment terms
The purchase price is due immediately when ordering. All products are in Euros and include VAT on the website. The prices are valid at the time of the order. For late payment, default interests in the amount of 5% per year will be charged. The goods stay in the possession of TBM Blue Planet Trading OG until they are fully paid.
5. Reservation of proprietary rights
The delivered products shall remain property of TBM Blue Planet Trading OG and title shall not pass to the customer until all open liabilities of the customer have been fully paid for.
The warranty is 2 years and starts with the date of the acceptance of the goods and it does not cover normal wear and tear. We grant warranty claims either through replacement, repair, compensation delivery or a reduction in price within a reasonable time. Claims from the manufacturer´s warranty statements are inadmissible against TBM Blue Planet Trading OG.Any kind of consequential damages, property damages and loss for third parties is excluded.
Compensation claims are excluded in cases of negligence. Recourse claims for consequential loss and property damage to third parties are excluded.
9. Jurisdiction and applicable law
The Austrian law applies. The applicability of the UN purchasing law is excluded. The contract language is German. As competent court between the contract partners only the court responsible for TBM Blue Planet Trading OG; Handelsgericht Wien, can take action.
If any provisions of the contract between us and the customer, including these terms and conditions, become wholly or partly ineffective, or should there be a loophole here, the validity of the remaining provisions shall not be affected.