Terms & Conditions
General Terms and Conditions of the company TMG Clothing Ltd. (short TMG) - Inh. Tariq Mahmood, 25/25 Vincenti Buldings, Strait Street, Valletta Malta, hereinafter referred to as Seller.
§ 1 General, Definitions of Terms
(1) The following General Terms and Conditions apply to the business relationship between the seller and the customer in the version valid at the time of the order.
(2) A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneurs within the meaning of these General Terms and Conditions are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding the legal transaction. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.
(3) Individual contractual agreements have priority over these General Terms and Conditions. Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract unless their validity is expressly agreed.
§ 2 Conclusion of contract
(1) The presentation of the goods on the seller's website does not constitute an offer in the legal sense, but merely an invitation to the customer to submit an offer in the legal sense. The ordered goods may deviate slightly from the goods presented on the Internet within reasonable limits due to the technically conditioned presentation possibilities; in particular, colour deviations may occur here insofar as this is reasonable.
(2) The order can be placed by the customer via the website of the seller. The customer's order represents a binding offer to conclude a sales contract for the goods ordered.
(3) The Seller shall confirm receipt of the Customer's order immediately by e-mail.
a) In the case of payment in advance/bank transfer or invoice, the purchase contract is not concluded with this order confirmation, but only with the dispatch of a separate e-mail with an order confirmation or the delivery of the goods. The seller is entitled to accept the contractual offer contained in the order within 5 working days. In the case of goods ordered electronically, the Seller is entitled to accept the order within 2 working days of receipt. It is equivalent to acceptance if the seller delivers the ordered goods within this period.
b) In the case of payment by credit card, debit card, direct debit, immediate bank transfer, Amazon Pay or PayPal, the contract is already concluded with payment order by the customer.
(4) The contract shall be concluded subject to the proviso that in the event of incorrect or improper self-delivery, the customer shall not perform at all or only partially. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a concrete covering transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. Otherwise the consideration will be refunded immediately. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately.
(5) The text of the contract is stored by the seller and sent to the customer together with the legally effective GTC by e-mail after conclusion of the contract.
§ 3 Retention of title
(1) In the case of consumers, the seller retains title to the goods until the purchase price has been paid in full. In the case of entrepreneurs, the seller retains title to the goods until full payment of all claims arising from an ongoing business relationship.
(2) In the event of breach of contract on the part of the customer, in particular in the event of default in payment, false statements by the customer regarding his creditworthiness or if an application is made for the opening of insolvency proceedings, the seller shall be entitled - if necessary after setting a deadline - to withdraw from the contract and demand the return of the goods if the customer has not yet provided the consideration or has not provided it in full.
(3) The entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to the Seller all claims in the amount of the invoice which accrue to him from the resale against a third party. The seller accepts the assignment. After the assignment, the entrepreneur is authorised to collect the claim. The seller reserves the right to collect the claim himself as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.
§ 4 Remuneration
(1) The stated purchase price is binding. The purchase price does not include the statutory sales tax for gross advertisements. The additional shipping costs for shipping can be found in the shipping cost overview. Costs for packaging are already included in the shipping costs.
(2) The customer undertakes to pay the total price within 14 days of receipt of the order confirmation by e-mail or invoice. After the expiry of this period, the customer shall be in default of payment.
In the event that the customer wishes to use "purchase on account" as a means of payment, the customer undertakes, contrary to sentence 2, to pay the total price within 10 days of receipt of the invoice. After the expiry of this period, the customer shall be in default of payment.
(3) The customer only has the right to offset if his counterclaims have been legally established, acknowledged or not disputed by the seller. The right of the buyer to offset contractual and other claims from the initiation or execution of this contractual relationship remains unaffected. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
(4) The customer agrees that the invoice shall be sent electronically to the e-mail address specified in the order; as an addition to this, the customer may request transmission in paper form.
§ 5 Payment options
(1) The customer can make the payment by prepayment/bank transfer, credit card, debit card, PayPal, Sofort Überweisung, Amazon Pay or invoice. The payment options actually offered at the time of purchase may vary. The seller reserves the right to exclude individual payment methods. The concrete payment methods available result solely from the selection options on our website during the ordering process; the following illustration does not entitle you to a specific payment method if this is not displayed to you during the ordering process.
(4) Seller offers his customers the possibility to pay the goods and services ordered from seller on account.
A. Purchase on account
a) If purchase on account is agreed, the seller sends the customer an invoice, which is due for payment immediately after receipt of the invoice and without deduction, unless a later date is stated on the invoice.
b) If the invoice is not paid at the latest on a calendar date specified in the invoice, the customer shall be in default even without a separate reminder, unless he is not responsible for the non-payment.
§ 6 Shipping
(1) The seller delivers exclusively to the countries indicated in the shipping cost overview.
(2) The delivery period for deliveries is indicated on the respective offer page. The beginning of the delivery period shall be determined (depending on the selected method of payment) in accordance with paras. 3 to 5.
(3) In the case of payment in advance/bank transfer, Amazon Pay, Sofort Überweisung or PayPal, the delivery period begins one day after payment instruction. For all other payment methods, the period begins one day after the order.
(4) If the start of the period or the end of the period falls on a Saturday, Sunday or a public holiday, the start of the period or the end of the period shall be postponed to the following working day.
(5) Information on the delivery period for deliveries outside Germany can be found in the shipping costs overview.
(6) With regard to the reservation of proper self-delivery, the Seller refers to § 2 para. 4 of these General Terms and Conditions.
(7) The Seller shall be entitled to make a partial delivery insofar as a partial delivery can be reasonably expected of the Customer, taking his interests into account. This shall not incur any additional costs for the customer.
§ 7 Statutory right of revocation
(1) Information on the statutory right of revocation can be found in the revocation instructions.
(2) Other non-binding information on return:
a) The customer is requested to avoid damage and contamination and to return the goods to the seller in their original packaging with all accessories and packaging components. If necessary, a protective outer packaging should be used. If the original packaging is no longer available, suitable packaging should be used to provide sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
b) Please return the goods to us as a franked parcel. We will refund the postage costs if the value of a part exceeds 40 euros. The consignment note including the consignment number should be kept in a safe place in any case.
c) The modalities mentioned in paragraphs a) and b) are not prerequisites for the effective exercise of the right of withdrawal.
§ 8 Passing of risk
(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon handover of the goods, even in the case of sale to destination.
(2) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon delivery, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
(3) If the customer is in default of acceptance, this shall be deemed to be equivalent to handover.
§ 9 Warranty
(1) The customer shall be entitled to a statutory warranty right which shall be modified in accordance with §§ 10,11 of these General Terms and Conditions.
(2) Ordered goods can deviate within reason slightly from the goods shown on the Internet. Reference is made to § 2 para. 1 of these General Terms and Conditions.
(3) Consumers have the choice whether they demand subsequent performance through rectification or replacement delivery. The seller is entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without considerable disadvantages for the consumer. In the case of companies, the seller shall initially provide warranty for defects in the goods at his discretion by repair or replacement.
(4) If the supplementary performance fails, the customer can demand a reduction of the purchase price (reduction), rescission of the contract (withdrawal) or damages instead of performance. In the case of only insignificant defects, the customer shall not be entitled to withdraw from the contract - taking into account the interests of both parties. Instead of compensation instead of performance, the customer may demand compensation for futile expenses within the scope of § 284 BGB (German Civil Code), which he has incurred in reliance on the receipt of the goods and which he was entitled to reasonably incur. If the customer chooses damages instead of performance, the limitations of liability pursuant to § 9 para. 1 of these General Terms and Conditions shall apply.
(5) Entrepreneurs must notify the seller of obvious defects in the delivered goods within a period of 2 weeks from receipt of the goods; otherwise the assertion of the warranty claim is excluded. Timely dispatch or notification is sufficient to meet the deadline. For merchants § 377 HGB applies.
(6) If the customer is an entrepreneur, only the seller's product description shall be deemed agreed as the condition of the goods. Public statements, praise or advertising by the manufacturer do not represent a contractual quality of the goods.
(7) The warranty period for consumers is 2 years from delivery of the goods. Deviating from this, the warranty period for entrepreneurs is 1 year from delivery. For used goods, the warranty period is also 1 year from delivery of the goods. The one-year warranty period does not apply if the seller is guilty of gross negligence, nor in the case of bodily injury or damage to health attributable to the seller, nor in the case of loss of life of the customer, nor in the case of a guarantee, nor in the case of delivery recourse pursuant to §§ 478, 479 BGB. The Seller's liability under the Product Liability Act shall remain unaffected.
(8) Deviating from paragraph 7, the regular limitation period shall apply if the seller has fraudulently concealed a defect.
(9) The seller does not give any guarantees to the customer in the legal sense unless expressly agreed otherwise. Manufacturer's guarantees remain unaffected by this.
§ 10 Limitation of liability
(1) In the case of slightly negligent breaches of duty, liability shall be limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of the seller. The Seller shall not be liable for slightly negligent breach of insignificant contractual obligations. However, he is liable for the violation of essential contractual legal positions of the customer. Essential contractual legal positions are those which the contract must grant the customer in accordance with the content and purpose of the contract. The seller is also liable for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may rely.
(2) The above limitations of liability do not apply to claims of the customer arising from guarantees and/or product liability. Furthermore, the limitations of liability shall not apply in the event of fraudulent intent, breach of material contractual obligations or physical injury or damage to health attributable to the Seller or loss of life of the Customer.
(3) The seller is only liable for his own content on the website of his online shop. Insofar as links enable access to other websites, the Seller is not responsible for the third-party content contained therein. He does not adopt the third-party content as his own. If the seller becomes aware of illegal content on external websites, he will immediately block access to these pages.
§ 11 Final provisions, arbitration of disputes
(1) The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. § 14 para. 12 TDSG remains unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be the court responsible at the seller's place of business, unless there is an exclusive place of jurisdiction. However, the seller is also entitled to sue the merchant at his place of residence or business seat. Jurisdiction on the basis of an exclusive place of jurisdiction remains unaffected by this.
(3) We are obliged to inform you that with regard to the so-called online settlement of disputes on the part of the European Commission, a corresponding online platform is available. You can access this platform via the following link: https://ec.europa.eu/consumers/odr/. In this context, we are also obliged to provide you with our e-mail address. This e-mail address is: email@example.com
(4) We shall always endeavour to clarify any discrepancies with the customer with regard to existing contracts by mutual agreement. However, we would like to point out that we are not obliged to participate in any consumer mediation procedure (under the CDB Act) and unfortunately do not offer our customers participation in such a procedure.