Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Applicable Law
10. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Tobias Franz, trading under "tkcase" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes 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 ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
– by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-fullIf the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2nd5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this.

2.6 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 The German and English languages ​​are available for the conclusion of the contract

2.8 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country
outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.

5) Delivery and shipping conditions

5.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.

5.3 Self-collection is not possible for logistical reasons.

6) Retention of title
If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

7.2 If the customer is acting as a consumer, he is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his legal or contractual claims for defects.

8) Redemption of promotional vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter “promotional vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.4 Multiple promotional vouchers can be redeemed in one order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

8.7 The balance of a promotional voucher will not be paid out in cash and will not accrue interest.

8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

8.9 The promotional voucher is only intended for use by the person named on it. Transferring the promotional voucher to third parties is not permitted. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

9) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

10) Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer. 10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.