Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Fundamental Provisions
(1) The following terms and conditions apply to contracts you conclude with us as the provider (Third of Life GmbH) via the website www.third-of-life.com/. Unless otherwise agreed, the inclusion of any terms you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional. An entrepreneur is any natural or legal person or a legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as payment and shipping conditions, the order details will be displayed to you as an order overview.
If you use an instant payment system as the payment method (e.g., PayPal / PayPal Express, Amazon Payments, Sofortüberweisung), you will either be directed to the order overview page in our online shop or forwarded to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review, change (also using the "back" function of the internet browser), or cancel the order in the order summary.
By submitting the order via the corresponding button ("order with obligation to pay" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
(4) Your inquiries for creating an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by email. Therefore, you must ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular, that it is not blocked by spam filters.
(6) Extended promotional sales (colloquially: Sale) are generally subject to the same terms and conditions as regular offers. If the buyer accepts an offer, in the event of a withdrawal from the purchase, the received goods must be returned according to the order confirmations / order confirmation. Partially returned orders will only be refunded in part according to these conditions.
§ 3 Special agreements on offered payment methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made directly to Klarna:
- Invoice: The payment term is 14 days from the shipment of the goods/ticket/or, for other services, from the provision of the service. The full invoice terms for the countries where this payment method is available can be found here: Germany, Austria.
- Instant transfer: Available in Germany and Austria. Your account will be charged immediately after placing the order.
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. Accordingly, we forward your data to Klarna for the purpose of address and credit verification as part of initiating and processing the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.
More information and Klarna's terms of use can be found here. General information about Klarna is available here. Your personal data will be processed by Klarna in accordance with applicable data protection regulations and as described in Klarna's privacy policy.
More information about Klarna can be found here. You can find the Klarna app here.
§ 4 Right of retention, reservation of ownership
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been made.
(3) If you are an entrepreneur, the following applies additionally:
a) We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, pledging or transfer of ownership as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice value; we accept the assignment. You are still authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request insofar as the realizable value of our securities exceeds the secured claim by more than 10%. The choice of securities to be released is up to us.
§ 5 Warranty
(1) Statutory warranty rights apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following warranty provisions apply instead of the above:
a) Only our own specifications and the manufacturer's product description are considered agreed as the condition of the item, but not other advertising, public promotions, or statements by the manufacturer.
b) In case of defects, we provide warranty at our discretion by repair or replacement. If the defect remedy fails, you may demand a reduction or withdraw from the contract at your choice. The defect remedy is considered failed after an unsuccessful second attempt, unless the nature of the item or defect or other circumstances indicate otherwise. In the case of repair, we do not have to bear the increased costs caused by transporting the goods to a place other than the place of performance, provided the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- for damages attributable to us caused culpably from injury to life, body, or health and for other damages caused intentionally or by gross negligence;
- to the extent that we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- for goods that have been used according to their usual manner of use for a building and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with defect rights.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the protection granted by mandatory provisions of the law of the consumer's country of habitual residence (principle of favorability).
(2) The place of performance for all services arising from the business relationships with us as well as the place of jurisdiction is our registered office, unless you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your residence or habitual abode is unknown at the time the lawsuit is filed. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention do not apply explicitly.
II. Customer information
1. Identity of the seller
Third of Life GmbH
Otto-Heilmann-Str. 17
82031 Grünwald
Germany
Phone: 089-44 35 55 04
E-mail: online@third-of-life.com
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For offer inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print or save electronically.
4. Codes of Conduct
4.1. We have committed to the Buyer Seal Quality Criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/
4.2. We have committed to the Code of Honor of Trusted Shops GmbH, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are separately shown during the ordering process, and must be borne by you in addition, unless free shipping is promised.
6.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may be incurred, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you.
6.4. Costs incurred for money transfer (transfer or exchange rate fees of credit institutions) must be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union.
6.5. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, payment claims from the concluded contract are due immediately.
7. Delivery conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier or another person for the shipment who was not named by the entrepreneur.
If you are an entrepreneur, delivery and shipping are at your own risk.
8. Statutory warranty law
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the IT law specialists of Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. More information can be found at: https://www.haendlerbund.de/
last update: 27.10.2020