Terms and Conditions
Terms of Service
For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is acting in the course of its commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary terms and conditions, its validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contracting party, conclusion of contract
The purchase contract is concluded with Thoma Baumaschinentechnik.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the corrective aids provided and explained in the order process. The contract is concluded by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order you will receive a confirmation by e-mail.
3. Contract language, contract text storage
The languages available for the contract are German and English.
We save the contract text and send you the order data and our terms and conditions by e-mail. The text of the contract is no longer accessible via the Internet for security reasons.
4. Terms of delivery
In addition to the stated product prices shipping costs are added. You can find out more about the amount of shipping costs in the offers.
You have the option of picking up from Thoma Baumaschinentechnik, St. Willibrordstr. 2, 56751 Kollig, Germany for the following business hours: By arrangement.
We do not deliver to packing stations.
The choice of shipping method is left to the seller; the shipping costs are borne by the buyer.
If an order is placed on call, the buyer must retrieve the goods at the latest within a period of 12 months from the order. After expiry of the period, the seller is entitled
a) the performance of the contract, d. H. the payment of the agreed purchase price, to demand
or: b) to sell the goods elsewhere and in the case of a shortfall to claim this as a claim for damages.
If the seller agrees to take back the delivered goods, the seller may demand re-storage costs amounting to at least 15% of the value of the goods.
The deadlines and deadlines quoted by the seller are non-binding, unless expressly agreed otherwise in writing. If the delay is more than 4 weeks, the buyer is entitled, after a reasonable grace period (at least 2 weeks), to withdraw from the contract with regard to the contract not yet fulfilled. Damage claims by the buyer are excluded; the seller is entitled to part deliveries and partial deliveries at any time.
In our shop you can always use the following payment methods:
Payment in advance
When selecting the payment method in advance, we will give you our bank details in separate e-mail and deliver the goods after receipt of payment.
In the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately thereafter. You'll get more information during the ordering process.
You pay the invoice amount after receipt of the goods and the bill by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.
Cash on pickup
You pay the invoice amount when picking up cash.
6. Retention of title
The goods remain our property until full payment.
For entrepreneurs applies in addition: We reserve the ownership of the goods until the complete settlement of all claims from an ongoing business relationship. You may resell the reserved goods in ordinary business; All claims resulting from this resale shall be assigned to us in advance - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain entitled to collect the claims, but we may also collect claims yourself, as far as you do not meet your payment obligations.
7. Warranty and Guarantees
Unless otherwise expressly agreed otherwise, the statutory warranty rights apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the recourse claim under § 478 BGB remain unaffected.
With regard to entrepreneurs, an agreement on the condition of the goods is understood to mean only our own information and the manufacturer's product descriptions that were included in the contract; We accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we initially provide to entrepreneurs at our discretion warranty by rectification of the defect (repair) or by delivery of a defect-free item (replacement).
The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents
in violation of life, body or health
in case of intentional or grossly negligent breach of duty as well as malice
in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely (cardinal obligations)
as part of a guarantee promise, as far as agreed
as far as the scope of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages in the online shop.
We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents
injury to life, body or health,
in case of intentional or grossly negligent breach of duty,
with guarantee promise, as far as agreed, or
as far as the scope of the Product Liability Act is opened.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives or vicarious agents, the liability shall be the amount foreseeable at the time of conclusion of the contract Damage limited, which typically has to be expected. Incidentally, claims for damages are excluded.
9. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), available here https://ec.europa.eu/consumers/odr/.
We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.
10. Final provisions
If you are an entrepreneur, then German law applies excluding the UN sales law.
Are you a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.