Table of Contents
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Grant of Digital Content Rights
7. Contract duration and contract termination for subscription contracts
8. Retention of title
9. Liability for defects (warranty)
10. Redemption of action vouchers
11. Redemption of gift vouchers
12. Applicable law
13. Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter "GTC") of TenX Pte Ltd. (hereinafter referred to as "Seller"), shall apply to all contracts for the delivery of goods concluded by a consumer or an entrepreneur (hereinafter referred to as the "Customer") with the Seller in respect of the goods presented by the Seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of digital content, these terms and conditions apply accordingly, unless otherwise stipulated otherwise.
1.3 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless expressly stipulated otherwise.
1.4 For contracts for the delivery of tickets, these terms and conditions apply accordingly, unless otherwise stipulated otherwise. These terms and conditions govern only the sale of tickets for certain, in the item description of the seller specified events and not the execution of these events. For the execution of the events exclusively the legal regulations in the relationship between the customer and the organizer as well as possibly deviating conditions of the organizer apply. Unless the seller is also the organizer at the same time, he is not liable for the proper performance of the event, for which only the respective organizer is responsible.
1.5 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
1.6 Digital content in the sense of these terms and conditions are all data not on a physical data medium, which are produced in digital form and provided by the seller under granting of certain rights of use regulated in these terms and conditions.
1.7 Subject of the contract may be depending on the product description of the seller - both the purchase of goods by a one-time delivery and the purchase of goods by means of a permanent delivery (hereinafter referred to as "subscription contract"). In the case of the subscription contract, the seller agrees to deliver the contractually owed goods to the customer for the duration of the agreed contract period in the contractually due time intervals.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer can also submit the offer by telephone, by fax, by e-mail, by post or by online contact form to the seller.
2.3 The seller can accept the offer of the customer within five days,
- by providing the customer with a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is authoritative, or
- By delivering the ordered goods to the customer, in which case the access of the goods to the customer is authoritative, or
- by asking the customer for payment after submitting his order.
If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 If the payment method "Amazon Payments" is selected, payment will be processed via the payment service provider Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg (hereinafter "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https: // payments .amazon.de / help / 201751590th If the customer selects "Amazon Payments" as a payment method in the online order process, he also issues a payment order to Amazon by clicking on the button that concludes the order process. For this case, the seller already declares the acceptance of the offer of the customer at the time in which the customer triggers the payment process by clicking the button closing the order process.
2.6 When placing an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). In addition, the text of the contract is archived on the seller's website and can be called up by the customer via his password-protected customer account with the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.7 Prior to the binding submission of the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the aid of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his inputs using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8 The contract is concluded in German and English.
2.9 Order processing and contacting are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of revocation results from the revocation instruction of the seller.
3.3 According to § 312g Abs. 2 Nr. 9 BGB, unless otherwise agreed, a right of revocation does not exist for contracts for the provision of services in connection with leisure activities, if the contract provides for a specific date or period for the provision. Thereafter, a right of revocation is excluded even in contracts that have the sale of tickets for term-related leisure events to the object.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are net prices. Sales tax is shown separately. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the online shop of the seller.
4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Notwithstanding this, if the payment method PayPal is selected, the delivery address deposited by PayPal with the customer at the time of payment shall be authoritative.
5.2 If the transport company sends the goods back to the seller, as a delivery to the customer was not applicable, the customer bears the cost of unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller.
5.3 In the case of self-pickup, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may pick up the goods after consultation with the seller at the seller's domicile. In this case, no shipping costs will be charged.
5.4 Digital content is provided to the customer exclusively in electronic form as follows:
- by download
- by email
5.5 Vouchers will be given to the customer as follows:
- by download
- by email
5.6 Tickets are given to the customer as follows:
- by download
- by email
6) Grant of rights of use for digital content
6.1 Unless the content description in the Seller's online shop reveals otherwise, the Seller grants the Customer the non-exclusive, locally and temporally unlimited right to use the provided content for private and business purposes.
6.2 Any transfer of the content to third parties or the production of copies for third parties outside the scope of these terms and conditions is not permitted, unless the seller has consented to a transfer of the contractual license to the third party.
6.3 The granting of rights becomes effective only if the customer has fully paid the contractually owed remuneration. The seller may allow the use of the contractual content even before this time provisionally. A transfer of rights does not take place through such provisional permission.
7) Contract duration and contract termination for subscription contracts
7.1 Subscription contracts are concluded for an indefinite period and can be terminated by the customer at any time without observing a notice period.
7.2 The right to extraordinary termination for cause remains unaffected. An important reason exists if, in consideration of all circumstances of the individual case and weighing the interests of both parties, the terminating part can not reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a period of notice.
7.3 Terminations must be made in writing or in text form (e.g. by e-mail).
8) Retention of title
If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.
9) Liability for defects (warranty)
9.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
9.2 By way of derogation, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year does not apply
- for items that have been used for a structure in accordance with their normal use and have caused its defectiveness,
- for damages and reimbursement claims of the customer, as well
- in the event that the seller has fraudulently concealed the defect.
9.3 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
10) Redemption of action vouchers
10.1 Vouchers that are issued by the Seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the Seller's online shop and for the specified period.
10.2 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.
10.3 Action vouchers can only be redeemed before the order process has been completed. A subsequent settlement is not possible.
10.4 Only one action coupon can be redeemed per order.
10.5 The value of the goods must at least equal the amount of the action voucher. Any remaining balance will not be refunded by the seller.
10.6 If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the vendor may be used to settle the difference.
10.7 The balance of an action coupon is neither paid in cash nor interest.
10.8 The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher within the scope of his statutory right of revocation.
10.9 The action voucher is transferable. The seller can make a liberating effect to the respective owner, who redeems the action voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.
11) Redemption of gift vouchers
11.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.
11.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year following the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date.
11.3 Gift Certificates can only be redeemed before completing the order process. A subsequent settlement is not possible.
11.4 Only one gift certificate can be redeemed per order.
11.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of additional Gift Certificates.
11.6 If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be chosen to settle the difference.
11.7 The credit of a Gift Certificate will not be paid in cash or interest.
11.8 The Gift Certificate is transferable. The seller can make a liberating effect to the respective owner, who redeems the gift certificate in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.
12) Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
13) Alternative Dispute Resolution