|Terms and Conditions
As at: 13th July 2016
This eBay Shop has been compiled with the greatest possible care. In spite of this TOURATECH cannot guarantee that the information contained therein is free from errors and accurate. Touratech shall accept no liability for damage arising directly or indirectly from using this web site whether caused by malice aforethought or gross negligence on the part of Touratech or others.
Copyright 2011-2016 TOURATECH. All rights reserved.
Right to technical amendments, printing errors, omissions and general errors reserved. All dimensions and illustrations are non-binding.
General terms of business
These General Terms of Business apply in their current version to all business relationships between TOURATECH, hereinafter called “TOURATECH”, and their customers.
1. Area of validity
1.1 The conditions below apply to the supply of goods and other services by TOURATECH.
1.2 These terms of business apply exclusively; any customer conditions that conflict with or differ from these terms of business will not be recognised unless TOURATECH has specifically agreed to this in writing.
2. The start of the contract
2.1 The range shown on TOURATECH’s server or in TOURATECH’s printed catalogue does not represent a legally binding offer but a non-binding online catalogue or printed catalogue.
2.2 The Internet customer will confirm that he accepts the general terms of business when he places the order. The general terms of business will be acknowledged by the customer.
3. Due date, payment and delay
3.1 The purchase price is due immediately. Payment of the purchase price may be made by a credit card via PayPal accepted by TOURATECH at the time of the contract being concluded.
3.2 All prices are in Sterling, include VAT at the statutory rate and are subject to alteration.
3.3 The following applies to deliveries in the UK:
3.3.1 Despatch: Normally despatched by post or courier at our discretion and choice
3.3.2 Payment for despatches within UK
Credit card: We need your credit card number, security code and expiry date. The fee includes postage, packing and processing.
4. Reservation of proprietary rights
4.1 Goods supplied by TOURATECH remain TOURATECH’s property until all contractual requirements have been fulfilled as well as any other claims that TOURATECH subsequently makes against the customer in direct connection with the goods supplied for whatever legal reason. This also applies when payments are made for specific requirements
4.2 Before transfer of ownership the customer will only be entitled to these goods with the prior written approval of TOURATECH. If a third party seizes the goods, particularly if the goods are impounded, the customer must inform TOURATECH immediately in writing and also point out to the third party immediately that TOURATECH has proprietary rights.
5. Guarantee, examination and complaint obligations
5.1 TOURATECH guarantees that the goods do not have any defects that would reduce or nullify their value or their suitability for normal usage or the use to which they are to be put in accordance with the contract. If the reduction in value or suitability is only minor this can be discounted.
5.2 The guarantee period is 12 months and begins when the goods are handed over to the customer. Defects in the goods will be corrected by TOURATECH after being informed of this by the customer within this guarantee period. TOURATECH will decide whether to replace or repair the goods.
5.3 The customer must examine the goods immediately on receipt and, if a fault is detected, must inform TOURATECH of this, describing the fault in writing within 7 days. The same applies to faults that are discovered later. If the customer is not a businessman, he is only required to complain about obvious defects. If TOURATECH hears nothing to the contrary within the specified time the goods are considered approved.
The following procedure must be carried out for goods damaged in transit:
If a package arrives clearly damaged, it must be opened in the presence of the postman/delivery driver. The postman/delivery driver will issue a damage confirmation certificate. With damage in transit that is not obvious, i.e. damage that the customer is not aware of until after he has opened it, the customer must take the package to the post office and obtain a damage certificate. It is not possible to accept a claim for damage without this document.
5.4 Returns without postage paid cannot be accepted.
5.5 If an attempt at repair is not successful within a reasonable time and it also fails within a further reasonable period of time set by the customer, the customer can claim a reduction in the price or cancel the contract.
5.6 TOURATECH is not liable for consequential damage and moreover, only under the conditions in paragraph 7. Liability for assured characteristics and for deceit remains unaffected by the rulings in paragraph 6. Further guarantee claims cannot be made.
5.7 If the complaint is unfounded TOURATECH reserves the right to claim reimbursement of the costs incurred from the customer.
6.1 TOURATECH has unlimited liability for damage caused by the failure of characteristics that TOURATECH has assured and for damage caused by malice aforethought or gross negligence on the part of its legal representatives or employees.
6.2 Liability for damage caused through minor negligence of a single TOURATECH employee is not included here if no cardinal obligation has been infringed in accordance with paragraph 6.3.
6.3 Liability for other damage that arises for the customer through TOURATECH’s delay, through an impossibility caused by TOURATECH or through the infringement of an obligation that must be observed in order to fulfil the contract (cardinal obligation), such damage will be limited to damage that is typical and could be foreseen because of the way the goods are used under the terms of the contract.
6.4 In the case of paragraph 6.3 liability is also limited to an amount equal to double the purchase price paid for the order in question.
6.5 There is no further liability, particularly for damage that has not occurred to the goods themselves, for lost profits or damage to other customer assets.
6.6 The above rulings also apply to TOURATECH’s staff and agents.
7. Data protection
7.1 If it has not been agreed to the contrary, TOURATECH will only use the personal data in this contract in order to perform the contract.
The customer’s permission is required to use this information for market and opinion research and for advertising.
8. Final conditions
8.1 Changes and amendments to this contract must be in writing to be effective. There are no oral secondary agreements.
8.2 If it has not been agreed to the contrary, the customer may not transfer rights and obligations from this contract to a third party without TOURATECH’s prior written agreement. TOURATECH will only deny this agreement with good grounds.
8.3 If a provision of this contract is or becomes invalid, the other provisions remain valid. The contractual partners will agree to replace the invalid provision with a valid one that best corresponds to the economic aims of the contractual parties. The same applies if there is a loophole in the contract.
8.4 This contract is subject exclusively to the material law of the United Kingdom with the exception of the UN convention on the purchase of movable items.
8.5 Place of fulfillment is the TOURATECH head office in Ystradgynlais. If the customer is a businessman or if his business headquarters is not in the UK, the parties agree that any disputes arising from the implementation of this contract will be dealt with by the Swansea district court.