§ 1 Scope
(1) These general terms and conditions ("GTC") exclusively govern the conclusion of distance contracts on the sales of products presented on our website shop.testia.com.
(2) The services of our webshop are aimed at entrepreneurs. Entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
§ 2 Provider/Contracting Partner
Online Shop provider and your contractual partner is:
Airbus Allee 1
28199 Bremen, Germany
represented by its Managing Director: Holger Speckmann
Phone: +49 (0) 421 5383048
Registration Court: Amtsgericht Bremen HRB 28032
VAT Identification No. DE286142682
§ 3 Orders
(1) The presentations of our Products in the online shop shall not be considered binding offers but an invitation to persons of legal age and capacity to order our Products.
(2) The Products presented on our product pages can be added to your shopping cart by pressing the "Add to cart" button.
By clicking the "Buy" button at the end of the online order system, which you enter by pressing the "Proceed to checkout" or “Checkout” button, you place a legally binding offer to buy the items contained in your shopping cart. You may correct any wrong entry in your cart by clicking the "Remove" button or changing the amount of items you choose before you "Go to checkout".
We will send you acknowledgement of receipt by e-mail immediately upon receiving your offer. This acknowledgement is not an order confirmation or acceptance of your offer. Acceptance of your order and completion of the sales contract is completed once you receive our separate acceptance following the acknowledgement by e-mail. In case we do not accept your offer we will inform you by e-mail within two days of receiving your order.
(3) Contracts will be concluded in the English language.
(4) The wording of the contract consisting of the details of your order and these GTC will be stored and sent to you along with the order confirmation. Our GTC can also be accessed in the online shop at any time. Registered customers have access to their placed orders after logging in under "My account".
§ 4 Delivery Terms
(1) We deliver worldwide to all countries without an embargo. Countries with an embargo are: Cote d'Ivoire, Eritrea, Guinea, Guinea-Bissau, Iraq, Iran, Yemen, North Korea, Libya, Russia, Myanmar, Sudan, Somalia, Zimbabwe, Southern Sudan, Syria, Ukraine (Crimea), Belarus,Central African Republic
(2) Delivery times are 8 to 10 weeks (in case of “payment in advance” the delivery time is 8-10 weeks after the receipt of money). We will indicate any deviating delivery times for single items separately in the online shop.
(3) Disturbances in our business operations caused through no fault of ours, such as strike, lockout, and cases of force majeure that are due to an unforeseeable event for which we are not at fault, shall extend the delivery term accordingly. In the event that such disturbances prevent us from delivering the Products within 12 weeks from placing your order you may cancel the contract. Statutory rights of cancellation to which you are already entitled within the period of 12 weeks shall not be affected.
(4) Terms of delivery: EXW (Incoterm 2010)
§ 5 Prices and Payments
(1) All prices shown in our online shop are exclusive of statutory value added tax ("VAT") and other price components.
(2) The statutory German value added tax (“VAT”) will be charged for all deliveries to Germany and all orders by German customers. Furthermore the VAT will be charged for all deliveries within the European Union unless a non-German European VAT number can be provided. We will not charge a German VAT for all deliveries outside of the European Union. All non-German taxes, custom duties and charges shall be borne by you.
(3) You have to provide a “proof of exit/exit confirmation” document for shipments outside of Germany. Otherwise we are allowed to charge you German value added tax (“VAT”) afterwards.
(3) Shipping will be made by using the customer’s carrier account, costs will be charged by the carrier directly to you. We will not charge any handling costs for wrapping and handling. We support the shipment with the following carriers: DHL/DPD/FedEx/TNT/UPS
(4) We accept payment by direct debit in advance, invoice, SEPA direct debit or by credit card. We will send you an invoice indicating our International Bank Account Number (IBAN) with your order confirmation. Payment is due upon receipt of the invoice. If payment is made by credit card or SEPA direct debit, your bank account will be charged on the due date. The credit card and SEPA payment is done by our payment service provider Novalnet AG. You can find further information in the data protection policy.
§ 6 Reservation of Title
The Products delivered remain our property until full payment is made.
§ 7 Warranty
(1) We are liable under the statutory warranty provisions, notably §§ 434 et sqq. German Civil Code (BGB). The warranty period towards entrepreneurs shall be limited to twelve (12) months following delivery of the Products.
(2) No additional guarantees will be given with regard to the Products unless expressly provided for in the Order Confirmation.
§ 8 Liability
(1) We kindly enquire you to inform us or the deliverer immediate of any defects upon delivery of the Products. Sentence 1 of this clause does not affect the statutory rights, unless the purchase is a commercial transaction and you have the requirement to make a complaint according to § 377 HGB (German Commercial Code).
(2) TESTIA is liable under the statutory provisions for any injury to life, body and health caused by a negligent or wilful breach of obligations. Our liability for property damages and financial loss is limited to damages/losses caused grossly negligent or intent.
(3) If we breach an essential material contractual obligation or a cardinal obligation, we shall be liable for property damage and financial loss even in cases of slight negligence. This also applies to compensation claims in place of performance.
(4) As far as we have violated a material or cardinal contractual obligation arising from slight negligence, our liability is limited to predictable damage distinctive to the contract.
(5) The limitation of liability pursuant to the provisions above is also applicable if we are unable to deliver by accident in the course of delay or if the customer exercises other rights, in particular on the grounds of tort or a claim for reimbursement of expenses in place of performance. The limitation of liability pursuant to the provisions above is not applicable if we issued a guarantee as well as if liability is mandatory according to statutory provisions, such as the Product Liability Act ("Produkthaftungsgesetz").
(6) Beyond §9 clauses (1) to (5), our liability is excluded.
(7) Our liability, limitation or exclusion of liability to the aforementioned extent shall also apply to damages caused through breaches of our employees', workers', staff's, representatives' and auxiliary persons' obligations.
§ 9 Governing Law/Place of Jurisdiction
(1) The contractual relations of the parties to this contract are governed by and construed in accordance with German Law. This choice of law does not apply to consumers in case it deprives consumer protection rights mandatory according to the law of the state in which consumers have their habitual place of residence. The UN Convention on Contracts for the International Sale of Goods is expressly excluded.
(2) Provided that you are a merchant, a legal person under public law or a special fund under public law within the meaning of sec. 310 para. 1 BGB (German Civil Code), place of jurisdiction swill be Bremen, Germany.
(3) If any of the above provisions should be or become ineffective, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall replace the ineffective provision(s).
§ 10 Links
(1) TESTIA is not responsible for hypertext links to any and all third party web sites, particularly for such sites' content or privacy policies.
(2) TESTIA is not responsible for hypertext links from any and all third party web sites to the TESTIA shop and forbids anybody to establish such a link without TESTIA prior written authorization.
§ 11 Data protection
(1) You can find the data privacy statement here: http://shop.testia.com/content/6-data-protection
(1) All content comprised in or made available through any TESTIA service (e.g. text, images, audio clips, logos, button icons, graphics, digital downloads and data compilations) is the property of TESTIA or its content suppliers. It is protected by international and German copyright, authors' rights and database right regulations. The compilation of all content included in or made available through any TESTIA service is the exclusive property of TESTIA. It is protected by international and German copyright, authors' rights and database right regulations.
(2) You may not excerpt and/or reuse parts of the content of any TESTIA (especially any data mining, robots, or similar data gathering and extraction tools) without our prior written approval. You may also not create and/or publish your own database that features substantial parts of any TESTIA Service (e.g. our prices and product listings) without our prior written approval.
§13 License and access
Subject to your compliance with these Conditions and Terms and your payment of any applicable fees, TESTIA or its content providers give you a limited, non-exclusive, non-transferable, non-sublicensable license to make use of the TESTIA Services. This license does not include any commercial use of any TESTIA Service or its contents.
(1) All rights not explicitly given to you in these Conditions of Use or any Service Terms are reserved by TESTIA or its licensors, suppliers, publishers, rights holders, or other content providers. No TESTIA Service, nor any part of any TESTIA Service, may be exploited for any commercial purpose without our prior written approval.
(2) You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (e.g. pictures, text, pages design, or system) of TESTIA without our prior written approval. You may not use any meta tags or any other "hidden text" utilising TESTIA’s names or trademarks without our prior written approval.
(3) Any kind of misuse of the TESTIA Services is forbidden. You are obliged to use the TESTIA Services only as permitted by law. The licenses to use TESTIA Services granted by TESTIA dismiss, if you do not comply with these Conditions of Use or any Service Terms.
§14 Your account
(1) If you use any TESTIA Service you are responsible for keeping the confidentiality of your account and password and taking steps to ensure that. You are also obliged to maintain restricting access to your computer and your mobile devices. You are responsible for make sure that the details you provide TESTIA with are correct and complete. You are obliged to inform us of any changes to the information you have provided.
(2) The use of any TESTIA Service for criminal reasons is strictly prohibited.
(3) We reserve the right to refuse service or dismiss accounts.