General Terms and Conditions Of THE TIPPING POINT for the Online Shop on www.thetippingpointstore.com
1. Scope of application/contact details us
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all orders or products (the “Products””) submitted by you, our customer, to us, THE TIPPING POINT (the “COMPANY”, or “we”) via our online shop on thetippingpointstore.com (hereinafter referred to as "Online Shop").
1.2 No other terms or conditions, even if not explicitly rejected, shall be of any effect, unless otherwise expressly accepted by us in writing. Any additional or different terms or conditions contained in your order shall be deemed objected to by us.
1.3 The then current version of the GTC at the time when you place your order shall become valid terms of the contract between you and us.
1.4 Our contact details are as follows:THE TIPPING POINT 214 TRAVIS ST, UNIT A
Houston, TX 77002 Email: email@example.com
2. Eligible customers, destinations and order quantities
2.1 You may place orders in our Online Shop only to the extent that you are a retail customer and not a wholesaler, distributor or any agent or representative of other business entities.
2.2 Furthermore, we accept only such orders which provide for the delivery of consumer quantities.
3. Conclusion of contract and details regarding the ordering process
3.1 The presentation and promotion of Products in our Online Shop does not constitute a binding offer for the sale of certain Products.
3.2 After clicking the ordering button all Products selected by you will again be displayed in an order summary. You may then identify and correct input errors, if any, prior to making your final binding order. By ticking the button "Buy" you submit a legally binding offer.
3.3 Upon submission of your order, you will receive a confirmation of receipt by email. The order that you submit to us does not become binding upon the COMPANY, however, until you receive a shipping confirmation or, in the alternative, until the Products ordered are actually shipped. Prior to sending such shipping confirmation, the COMPANY reserves the right to reject an order based on lack or limitation of availability of Products ordered.
3.4 Each order must be placed in the English language.
4. Prices and shipping costs
4.1 The purchase prices of the Products are determined by the price tags in the Online Shop at the time of the order. Unless marked otherwise, all prices in our Online Shop are provided in national currency and are gross prices including the applicable VAT. Shipping costs will be added where appropriate and must be borne by you.
4.2 The shipping costs are stated for each item in our Online Shop. The price including VAT and shipping costs (which will be displayed separately) is also shown on the order form before you submit the order.
4.3 If we ship to you by partial delivery pursuant to Section 6.2 below, you shall incur shipping costs only for the first partial delivery. However, if the partial delivery takes place at your request, you shall be responsible for shipping costs for every partial delivery.
5. Terms of payment and offsetting
5.1 Payments may only be made by advance payment, credit card (MasterCard, Visa) or via Paypal.
5.2 The purchase price shall immediately become due and your credit card/Paypal account will be charged at the time your order is accepted by the COMPANY.
5.3 You may not offset counterclaims against our claims, unless your counterclaims are finally adjudicated, ready for decision or uncontested.
6. Delivery/partial deliveries
6.1 Delivery periods and delivery deadlines are provided in the course of the ordering process. The COMPANY shall use its reasonable efforts to deliver the Products to you by the agreed upon date, however, time shall not be of the essence. Except in cases of willful misconduct or gross negligence, we shall not be liable to you for delays in delivery or damage to the Products while in transit. The COMPANY may, within its discretion cancel a customer’s order due to delays or shortages in supply. In this event, we will immediately inform you of the unavailability of the item and refund all payments, if any, previously rendered by you for the item and its delivery.
6.2 We are entitled to make partial deliveries of Products ordered.
6.3 The products will be shipped within United States by DHL Express.
6.4 In the absence of any instruction by the customer, shipment will be made using a
reasonable method of shipment in the usual manner of packaging. Special packaging or delivery modes requested by a customer will lead to additional costs that the customer will be charged.
7. Reservation of self-supply and retention of title
7.1 We shall not be liable to you or any other person for any failure or delay in the
performance of any obligation under your order due to events beyond our reasonable control, including, but not limited to, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, wars, riots and public disorder, sabotage, strikes, lockouts, labor disputes, labor shortages, work slowdown, stoppages or delays, shortages or failures or delays of energy, materials, supplies or equipment, transportation embargoes or delays, acts of God, breakdown in machinery or equipment, and, except as otherwise set forth in these GTC, acts or regulations or priorities of the federal, state or local governments.
7.2 As security for the timely payment and performance of all your indebtedness to the COMPANY, you hereby grant to us a first priority security interest in the Products
following delivery thereof to Customer (“Security Interest”). Such Security Interest shall remain in force until payment in full of the entire purchase price for the Products has been received by us. You hereby expressly authorize us to file a UCC Financing Statement to reflect our security interest in the Products. If requested, you shall cooperate in the respective filings and registrations which are required according to applicable local laws for an effective protection of our claim for payment of the Products, including, without limitation, any required documentation duly filed under the UCC in all jurisdictions as may be necessary to perfect our security interest and lien in the Products.
8. Return Policy All sales are subject to the COMPANY’s then current return policy which can be found at Frequently Asked Questions
9. Representations and Warranties
9.1 The COMPANY’s warrants that the Products the Products will be free from any defects in materials and workmanship under normal use. You agree to inspect the Products upon receipt. Any warranty claim must be submitted to us within thirty days after delivery. EXCEPT FOR THE WARRANTIES PROVIDED ABOVE, THE COMPANY DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9.2 Slight color variations between the colors of the Products shown on the website and their actual colors may occur for technical reasons. We reserve the right of such slight deviations compared with the contractually agreed condition.
9.3 Please observe the washing and care instructions that are printed on the labels of the delivered Products. We are not liable for any impairment of the Products which is caused by improper cleaning or care of the delivered Products.
10.1 IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
REVENUE, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY,
WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR
IMPOSED BY STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
10.2 NOTWITHSTANDING THE TERMS AND CONDITIONS SET FORTH IN SECTION
10.1., COMPANY’S LIABILITY – WHETHER BASED UPON CONTRACT, TORT,
EQUITY, NEGLIGENCE OR ANY OTHER LEGAL CONCEPT – SHALL IN NO
EVENT EXCEED THE VALUE OF YOUR ORDER, AS DESCRIBED ON THE ORDER
CONFIRMATION. IT IS AGREED AND ACKNOWLEDGED THAT THE PROVISIONS
OF THIS AGREEMENT ALLOCATE THE RISKS BETWEEN COMPANY AND YOU,
THAT OUR’S PRICING REFLECTS THIS ALLOCATION OF RISK, AND BUT FOR
THIS ALLOCATION AND LIMITATION OF LIABILITY, THE COMPANY WOULD
NOT HAVE ENTERED INTO THIS AGREEMENT.
10.3 IN JURISDICTIONS THAT LIMIT THE SCOPE OF OR PRECLUDE LIMITATIONS
OR EXCLUSION OF REMEDIES OR DAMAGES, OR OF LIABILITY, SUCH AS
LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR DO NOT
ALLOW IMPLIED WARRANTIES TO BE EXCLUDED, THE LIMITATION OR
EXCLUSION OF WARRANTIES, REMEDIES, DAMAGES OR LIABILITY SET
FORTH ABOVE ARE INTENDED TO APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW. YOU MAY ALSO HAVE OTHER RIGHTS
THAT VARY BY STATE, COUNTRY OR OTHER JURISDICTION.
11. Customer service/support - If you have any questions, comments or complaints as well as other notifications regarding your orders, please send them to us by letter, fax, telephone or e-mail using the contact details specified above in Section 1.4.
12. Applicable law and arbitration. All claims arising out of or related to your order and/or purchase, including tort claims, shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than New York. The application of the Convention on Contracts for the International Sale of Goods (CISG) is hereby excluded. All disputes arising out of or related to your order and/or purchase shall be settled by final and binding arbitration subject to the Commercial Arbitration Rules of the American Arbitration Association (AAA). The place of the arbitration shall be New York, New York. You hereby waive any and all rights for a jury trial or process in any court of otherwise
Version: January 2016
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All rights reserved.