General Terms and Conditions
General Terms and Conditions of Delivery and Payment of the company Titan Technology GmbH for consumers (customer is not a merchant)
Please read these Terms carefully before using the web site www.titan-tech.de . The following are terms of a legal agreement between you and Titan Technology GmbH. By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, please do not use this site.
Titan Technology GmbH may, without notice to you, revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms.
§ 1 Area of application & business partner
1. The General Terms and Conditions of Sale (GTC) are applicable to all deliveries of Titan Technology GmbH to consumers (customer is a consumer, not a merchant, hereafter as “customer”). 2. Customer’s business partner and seller of the goods offered on www.titan-tech.de is the company
Titan Technology GmbH
An der Feuerwache 9
41836 Hückelhoven Germany
represented by its Managing Director Vincent Chen
§ 2 Offer, contract, saving text of order, information of order
1. Information and offer on this Web site are not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Customer has no right to take legal step against Titan Technology GmbH.
2. An order becomes binding after consumer has activated at the end of the ordering process in the "shopping cart" the button "Buy". Before submitting the order, the previously entered data and the "shopping cart" can be changed any time.
3. A contract of sale is concluded by sending the written confirmation by Titan Technology GmbH and by delivering the goods after received payment.
4. The ordering code is not saved at Titan Technology GmbH and may not be accessed after completing the ordering process. Customer can immediately print his/her order data after placing order.
5. Further information for orders according to § 312 e BGB (German Civil Code) After customer has found the desired product, he/she can put this in the virtual shopping cart by selecting the button "add to cart" without obligation. Customer can see the contents of the virtual shopping cart in a frame on the right screen edge any time. He/she can click the button [delete] ("wastebasket symbol") any time to remove the products from the shopping cart. If customer wants to buy the products in the shopping cart, he/she has to click the button "checkout". Afterwards he/she should sign in as an already registered with his/her user account by clicking on "registering and ordering" or if customer doesn’t wish any registration, he/she should click the button "order as a guest". The necessary mandatory fields are highlighted accordingly. His/her data is encrypted respectively.
After entering data and selecting the mode of delivery and payment customer can click the "Next" button to enter the page "check order and send" on which he/she can re-check all his/her entries.
Ordering process can be completed by clicking the button "Buy" or can be canceled at any time by closing the browser window. On each page customer will receive additional information, e g possibility to corrections.
§ 3 Prices and Payment
1. Prices are valid at the time of order. All prices include VAT and packaging but exclude postage.
2. Payment of the selling price has to be carried out exclusively by T/T in advance or via Paypal. Bank’s details are indicated in the order confirmation. The cash discount is allowed only with special written agreement.
3. In case customer cancels order after payment has been done, Titan Technology GmbH is obliged to credit the prepayment or to refund by bank transfer on request immediately.
If customer revokes only a part of the order, Titan Technology GmbH refunds the value of goods and the transportation costs for this part only.
§ 4 Delivery, delay in delivery, default of acceptance
1. The beginning of the delivery time indicated by Titan Technology GmbH presupposes the punctual and proper fulfillment of the obligations of the consumer. Delivery of the product is carried out only after receipt of payment. In case of delays in delivery Titan Technology GmbH will immediately inform customer by e-mail.
If customer defaults on acceptance or he/she neglects culpably other duties of cooperation, Titan Technology GmbH is entitled to require compensation for the damage resulting from this default including any additional expenses . The right to further claims is reserved. The customer is entitled to prove that damage has been incurred at all, or at least significantly lower in the requested amount.
2. Submitted by the Titan Technology GmbH specified delivery dates are approximate agreed and understood subject to unforeseen circumstances and obstacles such as force majeure, labor shortages, riots, strikes, lockouts, war, energy and raw material shortages, failure of transport vehicles, and other involuntary delayed supply . In such a delay in delivery, the delivery period shall be extended appropriately. Titan Technology GmbH will inform customer about the beginning and end of such obstacles as soon as possible.
If the impediment which is not represented of Titan Technology GmbH is longer than 2 months, every party is entitled to terminate the contract without compliance with a period of notice.
4. The right to reasonable partial deliveries and their invoicing is left up to Titan Technology GmbH.
5. Customer can only withdraw in the context of the legal regulations from the contract as far as the delay in delivery has to be represented by Titan Technology GmbH.
6. Damage compensation entitlements of customer because of delay or non-delivery only can be asserted if a gross negligence or firm intention can be proven against Titan Technology GmbH.
7. Titan Technology GmbH provides the online shop www.titan-tech.de electronically ordered goods by parcel service (way of delivery: standard shipping).
§ 5 Not available item
If any item is not available, Titan Technology GmbH is obliged to inform customer about the non-availability and offer substitute item if necessary before the confirmation has been done.
§ 6 Right of withdrawal (cancellation)
Due to the German civil code (§ 13, BGB) customer has a legal cancellation right (Please refer to „Cancellation Policy” on www. titan-tech. de )
§ 7 Warranty
1. Titan Technology GmbH ensures that the delivering objects are free of material and technical defects by the current state of technology, i. e. that they are suitable for normal uses or for ordinary uses and show a composition which is usual with product of the same type.
2. The statutory warranty period is generally within the EU for new items 2 years, unless it was agreed by individual contract shorter warranty period. The warranty period begins upon receipt of the goods by customer.
3. Prerequisite for warranty claims is that the defect is not caused by improper use or overuse.
§ 8 Notice of defects
1. If delivered item shows obvious material-/ manufacturing defects or damages in transit, then customer has to complain about that immediately to Titan Technology GmbH. The omission of this reprimand doesn't have any consequences for legal claims of the consumer.
2. Despite all care taken, if the goods have a defect that existed at the time of transfer of risk, customer pursuant to § 439 BGB (German Civil Code) has the choice as to whether the subsequent improvement by repair or replacement. However, Titan Technology is entitled without prejudice to the § 275 par. 2 and 3, to deny the type of restitution chosen by customer, if it is only possible with disproportionate costs and if the other type of subsequent improvement is without significant disadvantages for the customer. Titan Technology GmbH has opportunity of remedy within a reasonable period. During this period any reduction of the selling price or the withdrawal of the contract by customer is excluded.
If the subsequent improvement fails 3 times, or Titan Technology GmbH refuses to comply with the duty of an implied warranty, customer may cancel the contract or reduce the payment.
3. The reclaimed product must be packed in the original packing – if this one is not available any more – in a very safe packaging sent in “franco domicile“ to Titan Technology GmbH if the revocation deadline of 14 days has already expired.
During the withdrawal (revocation) period, customer has to bear the costs of return if Titan Technology GmbH delivered exactly the good ordered by customer and its price doesn’t exceed 40 € ; if the goods’ value is higher than 40€ , customer doesn’t have to bear the freight cost for return.
Titan Technology GmbH bears the freight for sending RMA replacement to customer which results because of legitimate customer's complaints after expiry for the revocation period as well as cost of labour and materials.
The return shipment of the reclaimed or RMA goods has to attach a description of error as well as the documents to prove the purchase and right of the warranty claim (particularly delivery note and invoice).
In all cases customer carries the transportation risk for shipment to and from Titan Technology GmbH and the freight for the returning to Titan Technology GmbH.
4. By replacing of components, assemblies or whole equipment no new periods of warranty become effective regarding the claims and rights because of defects. Limitation is excepted from it regarding the parts which was repaired or replaced.
5. Warranty claims shall not include any minor deviation from the agreed quality, of any minor impairment of usefulness, of scuff and wastage as damage caused by the transfer of risk from faulty or negligent handling, excessive strain, unsuitable equipment, or due to special external influences such as fire, thunderbolt, explosion or net-related overloads, humidity, which aren't presupposed according to the contract.
The consequences will be no claims for defects if customer or third party undertakes inappropriate repairs or modifications.
For defects which could have been noticed before the installation or the processing, all warranty claims are dropped after the processing or the installation.
§ 9 Exclusion of liability
Any advice about the use of Titan’s product is carried out liability-free. Titan Technology GmbH is only liable for a suitability of goods for certain products if this suitability was particularly agreed to in writing by Titan Technology GmbH.
§ 10 Reservation of proprietary rights
The delivered product remains property of Titan Technology GmbH until the complete payment of the purchase price and all claims resulting from the business connection are completely settled.
§ 11 Rights of products‘ photos
All image rights belong to the Titan Technology Ltd. Using without explicit permission is prohibited.
§ 12 Final regulations
1. Jurisdiction of court is the legal jurisdiction.
2. Exclusively German law applies to all disputes under exclusion of the United Nations Convention on Contracts for the International Sale of Goods, CISG.
3. Should any individual provision of these General Terms and Conditions of Delivery and Payment be or become fully or partially invalid, the other terms should remain unaffected thereby.