Terms and Conditions

‍1 Scope

These general sales conditions (hereinafter: GTC) apply to all contracts concluded between us, TP-Lift, represented by the managing director Thaddäus Pardyla, Erich—Kästner—Straße 3, 78234 Engen, Germany, e-mail: info@tp-lift.com, telephone: +49 162 7943718, tp-lift.com and to you as our customer.

All agreements made between you and us in connection with the purchase contract result in particular from these sales conditions, our written order confirmation and our declaration of acceptance.

The version of the terms and conditions valid at the time of conclusion of the contract is decisive.

We do not accept any deviating conditions from the customer. This applies even if we do not expressly object to the inclusion.

These general terms and conditions apply exclusively to entrepreneurs in accordance with § 14 BGB.

2 Item

TP-LIFT is a company specialized in selling elevator parts, which exclusively sells new spare parts in the B2B trade.

We sell our products in Germany, Austria, Switzerland and Poland and purchase our parts from Europe and worldwide.

3 Conclusion of contract

The presentation and advertising of articles in our online shop does not represent a binding offer to conclude a purchase contract.

By submitting an order via the online shop, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; any right you may have to cancel your order remains unaffected.

We will immediately confirm receipt of your order placed via our online shop by email. Such an email does not yet contain a binding acceptance of the order, unless, in addition to confirmation of receipt, it also declares acceptance.

A contract is only concluded when we accept your order through a declaration of acceptance or by delivering the ordered items.

If delivery of the goods you have ordered is not possible, for example because the corresponding goods are not in stock, we will refrain from making a declaration of acceptance. In this case, a contract is not concluded. We will immediately inform you of this and immediately refund any payments already received.

4 Terms of delivery and reservation of advance payment

We are entitled to make partial deliveries insofar as this is reasonable for you.

The delivery period is approximately 5 working days, unless otherwise agreed. Subject to the provision in paragraph 3, it begins with the conclusion of the contract.

For orders from customers whose place of residence or business is abroad or if there is reasonable evidence of a risk of payment default, we reserve the right to deliver only after receipt of the purchase price and shipping costs (reservation of advance payment). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.

5 Prices and shipping costs

All prices in our online shop are gross prices including statutory sales tax and are exclusive of applicable shipping costs.

The shipping costs are listed in our prices in our online shop.

If we fulfill your order through partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we charge shipping costs for each partial delivery.

6 Payment terms and offsetting and right of withholding

In consultation with the customer, the purchase price and shipping costs must be paid no later than 14 or 30 days from receipt of our invoice.

You can pay the purchase price and shipping costs of your choice using the payment options we offer. These are: PayPal and credit card.

You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset our claims if you make complaints or counterclaims under the same purchase contract.

As a buyer, you may only exercise a right of withholding if your counterclaim results from the same purchase contract.

7 Retention of title

The delivered goods remain our property until full payment of the purchase price.

8 Warranty

We are liable for material or legal defects of delivered items in accordance with applicable legal regulations. The limitation period for statutory claims for defects is one year and begins with delivery of the goods. This does not apply if the law prescribes longer periods.

Any seller guarantees given by us for specific articles or manufacturer guarantees granted by the manufacturers of certain articles shall apply in addition to claims due to material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees result from the warranty conditions that may accompany the articles.

Warranty claims include only the free repair or replacement of the defective part. Any further claims, in particular for reimbursement of travel costs, working hours, installation and dismantling costs or other follow-up costs, are excluded. This also applies to any claims for defects within the meaning of paragraph (1).

In the case of returns within the established period and without errors committed by TP-Lift, the full amount of the invoice will be refunded, and a new invoice will be issued with 25% of the amount for administrative expenses.

9 Liability

In all cases of contractual and extracontractual liability, we are liable to you in the event of intent and gross negligence in accordance with the statutory provisions for compensation or reimbursement of futile expenses.

In other cases, unless otherwise provided for in paragraph 3, we are only liable in the event of a breach of a contractual obligation whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in paragraph 3.

Our liability for damage arising from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

10 Copyrights

We have copyrights to all images, films and texts published in our online shop. The use of images, films and texts is not permitted without our express consent.

11 Data protection

The customer expressly agrees to the electronic processing of his personal data within the framework of the following regulations. Customer data is kept absolutely confidential. The data provided by the customer is used exclusively for the professional performance of the service. The data will not be passed on to third parties.

The separate data protection regulations apply on our homepage under the following link: https://tp-lift.com/datenschutz/.

12 Applicable Law and Jurisdiction

The laws of the Federal Republic of Germany apply, excluding the UN sales law.

If you are a merchant as a customer, the place of jurisdiction for all disputes arising from the contractual relationship is our place of business.

Amendments or additions to these terms and conditions must be made in writing.

Should individual provisions of these terms and conditions be or become invalid, this shall not affect the effectiveness of the remaining provisions.

We reserve the right to change or supplement these terms and conditions at any time. The amended terms and conditions will be made available to the customer by e-mail or on our website. The customer has the right to object within 14 days of receipt of the amended terms and conditions. If no objection is made within this period, the amended terms and conditions are considered accepted.