Terms and Conditions

1. Scope

These Terms and Conditions apply to all contracts, orders, enquiries, reservations and other business contacts made via the “Tec-Point Machines” online shop and other means of distance communication of Tec-Point GmbH.

The provider is Tec-Point GmbH, Kupferstr. 10, 33378 Rheda-Wiedenbrück, Germany, represented by Managing Director Christian Doits, email: info@tec-point.eu, phone: +49 5242 93530, Commercial Register: HRB 12001 Gütersloh, VAT ID: DE815890724, Tax No.: 347/5780/1930.

These Terms and Conditions apply to consumers and business customers unless expressly stated otherwise.

2. Contract Language

The contract language is German. Any translations into other languages are provided for information purposes only. Only the German version shall be legally binding.

3. Offer, Product Presentation and Conclusion of Contract

The presentation of goods, machines, equipment, accessories, rental objects, leasing or financing options in the online shop does not constitute a legally binding offer, but a non-binding invitation to place an order or submit an enquiry.

By submitting an order, the customer makes a binding offer. The contract is concluded only upon express acceptance by Tec-Point GmbH, in particular by order confirmation, separate confirmation of availability, agreement on a delivery or collection date, or dispatch of the goods.

In the case of leasing, financing, rental, reservation, special order or quotation enquiries, a contract shall only come into existence after separate acceptance or execution of additional contractual documents.

4. Customer Categories, B2C and B2B

The online shop is aimed at consumers and business customers. A consumer is any natural person acting for purposes which are predominantly outside their trade, business or profession. A business customer is any natural or legal person or partnership with legal capacity acting in the exercise of their trade or profession.

5. Prices and Additional Costs

All prices apply in the currency stated in the online shop. For consumers, prices include the applicable statutory VAT unless expressly stated otherwise. For business customers, prices may be shown net if expressly indicated.

Additional costs, in particular for shipping, freight forwarding, special transport, packaging, insurance, customs, import, export, assembly, commissioning or other ancillary services, shall be stated separately where they can reasonably be calculated in advance or arise separately depending on the transaction.

6. Payment Terms

The payment methods stated during checkout or in the individual offer shall apply, in particular bank transfer in advance, PayPal, card payment, leasing, financing and deposit payment. Tec-Point GmbH reserves the right to exclude certain payment methods in individual cases or make them subject to additional conditions.

Large machines, heavy equipment and comparable goods must, unless expressly agreed otherwise, be paid in full before delivery or collection. The same applies to individually configured, specially procured or imported goods unless otherwise agreed in writing.

7. Delivery, Shipping, Collection and Partial Deliveries

Small and parcel-shippable items are shipped in accordance with the shipping information stated in the online shop. Large machines, heavy equipment, forklifts, cranes, lifting equipment, construction machinery and other non-parcel goods are generally delivered individually via freight forwarding, special transport or by separate arrangement.

The organisation of transport for large machines is generally carried out only after completion of the order and payment process or after full receipt of payment or according to a separately agreed payment schedule. Delivery date, unloading, access and other transport details are coordinated thereafter.

Collection is possible by separate arrangement. Partial deliveries are permitted where reasonable for the customer.

8. Delivery Times

Delivery times stated are generally indicative only unless expressly confirmed in writing as binding. Delays caused by lack of self-supply, official approvals, manufacturer delays, transport disruptions, force majeure or other circumstances beyond the control of Tec-Point GmbH remain reserved.

9. Transfer of Risk

In relation to business customers, the risk of accidental loss or deterioration passes upon handover to the freight forwarder, carrier or other person designated to perform the shipment. For consumers, the statutory provisions shall apply.

10. Retention of Title

The delivered goods remain the property of Tec-Point GmbH until full payment of all claims arising from the respective contractual relationship has been received.

11. Product Characteristics, Technical Data and Changes

Information relating to dimensions, weights, years of manufacture, operating hours, load capacities, ranges, colours, equipment, images, drawings, data sheets and other technical characteristics serves only as a general description of the product. Such information does not constitute a guarantee or agreed quality unless expressly confirmed in writing.

Standard commercial, technical, structural, visual or manufacturer-related changes remain reserved insofar as they are reasonable for the customer and do not materially impair the contractual purpose.

12. New and Used Goods

Tec-Point GmbH sells new and used goods. In the case of used goods, age- and use-related signs of wear are deemed contractually compliant unless expressly agreed otherwise.

13. Special Orders, Customer-Specific Configurations, Imports and OEM

For goods, machines, equipment and accessories that are individually configured, specially procured, manufactured, imported or produced as OEM/private-label products at the customer’s request, the specifications, payment terms, delivery terms and acceptance terms set out in the offer, order confirmation or separate agreement shall apply.

No contractual rights of return, exchange or goodwill are granted beyond the mandatory consumer rights required by law; otherwise, distance sales are governed exclusively by the applicable legal provisions, these Terms and Conditions, and the separate withdrawal policy.

14. Withdrawal and Returns

Consumers shall have a statutory right of withdrawal in distance sales only to the extent required by law. Details are set out in the separate withdrawal policy.

In the event of an effective withdrawal, the customer shall bear the direct costs of returning the goods where legally permissible and where the customer was properly informed of this before concluding the contract.

Business customers do not have a statutory right of withdrawal. Returns in B2B transactions are accepted only on the basis of an express written individual agreement.

15. Warranty

Statutory defect rights shall apply. For business customers, the warranty period for used goods is, to the extent legally permissible, twelve months from delivery. For consumers, mandatory statutory provisions apply.

Obvious transport damage should be documented with the carrier immediately and reported to Tec-Point GmbH without delay. The customer’s statutory rights remain unaffected.

16. Liability

Tec-Point GmbH shall be fully liable in cases of intent, gross negligence, injury to life, body or health, and under mandatory product liability law.

In the event of slightly negligent breach of essential contractual obligations, liability shall be limited to the foreseeable damage typical for the contract. Otherwise, liability shall be excluded to the extent permitted by law.

17. Leasing, Financing, Rental, Reservations and Quotations

Where leasing, financing, rental, reservation or quotation options are offered in or outside the online shop, their implementation is subject to separate review, availability, creditworthiness, acceptance by financing partners or lessors, and further individual contractual terms.

18. Governing Law

German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of their habitual residence.

19. Consumer Dispute Resolution

Tec-Point GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

20. Final Provisions

Should any provision of these Terms and Conditions be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. Mandatory statutory provisions remain unaffected.