T&C

Company

Your provider and contractual partner

TonerPartner GmbH
Ruhrdeich 10
Postcode/City: 45525 Hattingen
Germany

Registry Court: Essen
Company Reg. No.: HRB 31670
VAT ID: DE 262 936 427

General Terms & Conditions

Validity
1. We deliver solely on the basis of the following General Terms and Conditions (T&C), by which all contractual agreements regarding the offers on our online shop pages are governed. Any terms and conditions of the ordering party that differ from the following stipulations shall not be applicable. The following T&C apply exclusively even if we complete the delivery and service without prejudice and with the knowledge that the ordering party is governed by stipulations other than those included in our T&C. Deviations from or supplements to these T&C, as well as any side agreements require our consent.
2. To the extent that consumers are mentioned in these T&C, these are natural persons, for which the purpose of their order cannot be ascribed to commercial, self-employed or freelance activities. Entrepreneurs are natural persons or legal entities or judicable partnerships, who place orders for commercial, self-employed or freelance activities. In the sense of these T&C, customers are both consumers as well as entrepreneurs.
3. Where deadlines are given as working days, then these include all days of the week with the exception of Saturdays, Sundays and public holidays.
Access to the text of the contractual agreement
1. These T&C and all other stipulations of the contract are made accessible in conjunction with the data of your order within the scope of the order process. You have the option of archiving the information by simply downloading the T&C and save the data summarised as part of the order process in the online shop via a function of your browser, or you can wait for the automatic order confirmation, which we will additionally send to you via email after the completion of the order process to the email address you have provided. The order confirmation email will once again contain all contractual stipulations, information about the goods ordered and these T&C, and can be printed or stored via your email programme.
2. We also save the text of the contractual agreement, but this copy is not directly accessible to you for security reasons. We offer password-protected access (customer login) for each individual customer. This is where you can view information about your completed, open, and recently dispatched orders, once you have registered. The customer commits to hold confidential the personal access information, and to not make the information available to unauthorised third parties.
Contractual partners, language and conclusion of contract
1. Your contractual partner is TonerPartner GmbH. At this time, contractual agreements can only be entered into in German language. Our advertising offers are non-binding unless they become part of a contractual agreement.
2. The visual representation of products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. The ordered goods may differ slightly from the goods shown in the Internet due to the technical presentation possibilities within the field of the reasonable, in particular, this may lead to color deviations, as far as this is reasonable. You submit a legally binding order of the goods in your shopping cart by clicking the button [Buy now]. A confirmation of the receipt of your order coincides with the acceptance of your order immediately after order submission by way of an automated email. The dispatch of the order confirmation email constitutes entering into a purchase contract. Please note that deliveries against prepayment will only be dispatched after the total sum has been credited to our account. With the option “Prepayment” selected, an item can be reserved for max. 2 weeks. Delays in the delivery of the item may be expected, should the payment arrive after that period has elapsed.
Prices & Shipping Costs

The prices stated for an offer in our online shop at the time of order apply. The prices stated are final prices, i.e. they contain the currently applicable German VAT and other price components. We state the relevant net price for business customers next to the final price.
Please refer to the shop for any additional shipping costs where applicable.
Payment & Delivery
1. We offer the following payment options:
  
  Prepayment
  You will receive the bank transfer information once you have completed the order process.
  
  PayPal
  The invoice amount is paid via the online payment provider PayPal. You will have to be registered with PayPal, or will have to register with PayPal, use your access data to verify your identity, and then confirm the payment order to our account (exception: guest access where applicable). You will receive information about how to access the payment provider page as part of the order process.
  
  Credit Card
  Uncomplicated and reliable. All we need is your credit card number, valid until date and the CVV number. This information is transferred to us via SSL encryption.
Right of Withdrawal
1. The following is an explanation of the prerequisites and repercussions of the statutory right of withdrawal with regards to mail orders. This does not entail any contractual concession of rights beyond the scope of the law. The right of withdrawal is aimed specifically at non-commercial resellers.
2. Exceptions of the Right of Withdrawal: Statutory exceptions for the right of withdrawal exist (§ 312d Sect. 4 BGB). We have relevantly marked those of our offers, which are exempt from the right of withdrawal and to which we refer here.
3. Cancellation Policy
  
  You have the right to withdraw from this contract within fourteen days without the need to state any reason. The withdrawal period expires fourteen days from the day that you or the third party nominated by you, who is not the carrier, took possession of the goods. In the case of a contract regarding multiple goods ordered by you in a single order, which are delivered to you separately, the cancellation period is fourteen days from the day that you or the third party nominated by you, who is not the carrier, took possession of the last goods delivered. In order to exercise your right of withdrawal you must inform us
  
  TonerPartner GmbH
  Ruhrdeich 10
  Postcode/City: 45525 Hattingen
  Germany
  
  about your decision to withdraw from this contract in writing (a letter, fax or email). You can use the attached withdrawal form template, but that is entirely up to you. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
  
  Consequences of Withdrawal
  If you cancel this contract, then we must immediately, or at the latest within fourteen days after the day on which the notification of your withdrawal from the contract was received by us, refund all payments received from you, including delivery costs (with exception of any additional costs which resulted from your selection of a different type of delivery that the standard delivery offered by us). Unless otherwise agreed, the payment method used in the original transaction will be used for your refund; the refund will not incur any fees for you. We are entitled to retain the refund until we have received the returned goods or until you have provided evidence that the goods have been dispatched, depending on which occurs first. You are required to return the goods immediately or latest within fourteen days of your withdrawal from the contract. This deadline is upheld if you dispatch the goods before the fourteen days have elapsed. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
  
  Returns of goods / incorrect orders
  
  1. Returns outside the 14-day cancellation period
  Goods returned outside the 14-day cancellation period are subject to a pro rata refund of the invoice amount. Only unopened items in their original packaging will be refunded.
  
  2. Returns within 14 days to 1 month from delivery date
  A deduction of 15% will be made from the invoice amount
  
  3. Returns within 1 month to 2 months from delivery date
  A deduction of 50% of the invoice amount will be made
  
  4. Returns within 2 to 3 months from the date of delivery
  A deduction of 75% of the invoice amount will be made
  
  5. Returns after more than 3 months from delivery date
  Items can no longer be returned
  
  Alternatively, we offer you the option of a voucher that can be used for future purchases. As an alternative to a refund, we offer the option of receiving a voucher that covers the full value of the returned items.
  
  Return of free items in the event of cancellation
  
  Free items must be returned in the event of statutory cancellation, as these are part of the purchase contract. If these are missing when the goods are returned, we will charge a processing fee, which will be offset against the credit note.
Reservation of Title
1. The goods remain our property until the receipt of payment in full.
2. Additionally, the following shall apply for business to business transactions: The goods must only be sold by the buyer within the scope of regular business transactions. We reserve the right to withdraw our permission for the sale of goods delivered with retention of title and to withdraw from the purchase agreement and to demand the return of the goods in case of non-payment on your part. Receivables generated from the resale of goods delivered with retention of title shall be assigned to us to ensure our claims. You are required to notify us immediately in case of seizures of goods delivered with retention of title. We undertake to release the securities to which we are entitled, to the extent that the value of our collateral exceeds the claim to be safeguarded by more than 10%.
Warranty & Complaints Management
1. The statutory warranty period of 2 years for consumers applies for goods delivered by us. The warranty term commences with the delivery of the goods. Warranty claims regarding legal entities are limited to one year from the time of delivery.
2. Legal entities must notify us of visible faults immediately, or latest within 14 days from the receipt of the goods in written form. Where non-visible faults are detected, the obligation to notify defects immediately or latest within 14 days of detection applies. A timely dispatch of the notification shall suffice for the retention of the rights of the buyer. Without timely notification of defects, the goods shall be deemed accepted. A dispatch of the notification within the given time period shall be deemed sufficient. § 377 HGB shall additionally apply for legal entities.
3. Damage claims for the loss of life, injury or health resulting from a breach of obligation on our part, as well as other damage claims which are the result of intentional or grossly negligent breach of obligation on our part, shall be exempt from the above stipulations under 8.1 and 8.2 in terms of the limitation or exemption of liability. For the exempted claims above, a statutory limitation period of 2 yeas shall apply. Limitations or exemptions from warranty claims in general shall not apply in case of the assumption of a quality guarantee by us or the intentional concealment of a defect by us in the sense of § 444 BGB. Any manufacturer warranties provided shall similarly remain unaffected. Additionally unaffected shall be the stipulation in § 478 BGB with regards to trader regress for the sale of newly manufactured goods to a consumer.
  To the extent of our exemption or limitation of liability or where the exemptions are governed by the above stipulations, the same shall apply for the personal liability of our employees, colleagues, legal representatives and agents.
4. Within the stipulated warranty term, we shall be liable for free-of-charge subsequent performance, i.e. for the repair of defects or redelivery in case of faults subject to statutory warranty. Consumers as contractual partners may choose subsequent performance in the form of repair or redelivery. Under specific statutorily regulated conditions, we are entitled to refuse the chosen form of subsequent performance, specifically where such performance would be possible only with disproportionate costs, and the other option for subsequent performance would not entail any significant drawbacks for the contractual partner. In contracts with business customers, the choice of subsequent performance is ours. Where we are unable or unwilling to provide repair or redelivery in order to remedy the defect, or where the fulfilment of either would be delayed beyond a reasonable period of time for reasons for which we are accountable, or where the repair or redelivery should fail, you will be entitled to demand a relevantly proportional discount on the purchase price or to withdraw from the contract. Where statutory prerequisites apply, you may furthermore be entitled to claim damages. A withdrawal from the contact or claim for damages instead of acceptance of redress is furthermore excepted, where the defect negligibly reduces the value or serviceability of the object of purchase or works.
5. The satisfaction of our customers is important to us. You can contact us at any time via the options provided at the top. We will do our utmost to process the matter as quickly as possible and will get in touch with you upon receipt of your documents or your complaints form. We would, however, appreciate a little patience, as the relevant manufacturer will in most cases have to be contacted for warranty claims. In case of a complaint it would be very helpful to receive a detailed description of the problem, and where possible a copy of your order documentation (or at least your order number and customer number). Please contact us again if you have not heard back from us within three working days. In rare cases, emails may have accidentally reached the spam folder on our or on your side, or a message may not have reached you for some other reason or was accidentally not sent.
  
  For service issues, please contact our customer service:
  
  TonerPartner GmbH
  Ruhrdeich 10
  Postcode/City: 45525 Hattingen
  Germany
Applicable Law, Place of Fulfilment
1. All legal transactions or other legal relations with us are subject to the laws of the Federal Republic of Germany. The UN Convention on the International Sale of Goods (CISG) as well as any other transnational agreements, even where applied to German law, shall not be applicable. This choice of law includes that a customer who is a regular resident of one of the EU member states or of Switzerland, will be entitled to the legal protection provided by the mandatory regulations of that state.
2. In commercial transactions with business customers, legal entities under public law or public-law trusts, the place of jurisdiction for any litigation regarding these T&C and any individual agreements concluded under its governance, including bill of exchange and cheque litigations shall be our head office. We are additionally entitled to bring legal action at the head offices of the customer.
Severability Clause

Where individual stipulations of these T&C shall in part or completely be or later become unenforceable under law, the validity of the remainder of the T&C shall remain unaffected. Legally enforceable stipulations shall replace unenforceable ones. The same shall apply where an unforeseeable gap is detected in the T&C.

Privacy

The privacy policy you can access here shall apply.

We aim to achieve a high level of customer satisfaction

The European commission provides a mediation platform for online dispute resolution (ODR),
which can be accessed here https://ec.europa.eu/consumers/odr.

Version: 04.2024

TonerPartner GmbH