Buying Terms and Conditions from other Sellers
Version of October 25, 2021
Table of contents:
- Article 1 – Definitions
- Article 2 – Applicability
- Article 3 – Customer account
- Article 4 – Offer third parties
- Article 5 – Order and delivery
- Article 6 – Compensation and payment
- Article 7 – Provisions only applicable when purchasing from Other Seller(s) being a natural person
- Article 8 – Information and use of data
- Article 9 – E-mail communication between the Customer and the Other Seller
- Article 10 – Miscellaneous
- Article 11 – Applicable law
Article 1 – Definitions
- Environment : techtechnik.com and any other application designated by techtechnik.com.
- Platform : the environment in which products are offered to Users by third parties.
- User : any visitor to the Environment.
- Other Seller(s) : a third party, being a legal or natural person who offers products to Users via the Platform.
- Customer : a User of the Environment who proceeds to purchase a product via the Platform.
- Purchase Agreement : the agreement that is concluded between the Other Seller and a Customer due to the purchase by the Customer of a product from the Other Seller via the Platform.
Article 2 – Applicability
- These terms and conditions apply to the order and purchase of products from Other Sellers via the Platform (hereinafter: Buying from Other Sellers Terms and Conditions ). These conditions can also be consulted on the techtechnik.com Environment, see, among others ( www.techtechnik.com ).
- Any Customer who places an order for a product offered by Another Seller within the Environment accepts the applicability of these Terms and Conditions for purchasing from other sellers .
- The provisions of these Terms and Conditions for purchasing from other sellers can only be deviated from in writing, in which case the other provisions will remain in full force and effect.
- These Buying from Other Sellers Terms apply to both buyers who qualify as consumers and buyers who qualify as business buyers.
- All rights and claims, as stipulated in these Terms and Conditions for buying techtechnik.com from other sellers and in any further agreements for the benefit of techtechnik.com, are also stipulated for the benefit of intermediaries and other third parties engaged by techtechnik.com, including expressly the Other Seller(s)).
- TechTechnik.com has the right to change these Terms and Conditions of purchase from other sellers from time to time. The amended terms and conditions will apply as soon as they are published on the site. If a buyer subsequently places an order for a product as offered by an Other Seller, he thereby accepts the applicability of the amended Terms and Conditions of Purchase from Other Sellers. It is therefore recommended that you review these Buy from Other Sellers Terms before placing an order for any product from Another Seller.
Article 3 – Customer account
- The Customer must at least meet the following requirements:
- the Customer must have a customer account with techtechnik.com;
- the Customer is at least 18 years old;
- the Customer can be reached by e-mail.
- Techtechnik.com is at all times entitled not to process certain orders for items from Other Sellers or to attach conditions to it.
- The Customer is responsible for the use made of his username and password. Techtechnik.com therefore advises the Customer to use a unique password and to keep this password carefully secret.
- The Customer is not entitled to allow others to use his account.
- The Customer agrees to act in accordance with the Buy from Other Sellers Terms and Conditions and all applicable laws and regulations.
- The Customer is responsible for the correctness of the data in its own account.
Article 4 – Offer third parties
- The Customer acknowledges that the purchase agreement is concluded between the Customer and Other Seller (the third party that offers the product(s) for sale via the Environment) and that techtechnik.com is not and/or will not be a party to this agreement.
- In case of questions and/or complaints about the products purchased by the Customer from Other Sellers, the Customer must at all times contact the relevant Other Seller directly. The buyer acknowledges that in these cases he/she cannot rely on techtechnik.com and techtechnik.com is in no way liable, including but not limited to any defectiveness of the purchased product.
Article 5 – Order and delivery
- A Customer can place an order via the normal ordering process at techtechnik.com for a product that is offered by another Seller.
- The Customer will receive a packing slip from the Other Seller.
- The ownership of the delivered items only transfers if the Customer has paid all that the buyer owes the Other Seller with regard to the order in question.
Article 6 – Compensation and payment
- The Customer owes techtechnik.com the purchase price of the product purchased via the Platform from the Other Seller and is not discharged of his payment obligation by direct payment to the Other Seller. Payment by the Customer can only be made to techtechnik.com.
- If the Customer does not meet his payment obligation(s) in time, after he has been informed by techtechnik.com of the late payment and techtechnik.com has granted the Customer a period of 14 days to still meet his payment obligations, after failure to pay within this 14-day period, default interest and/or administration costs will be owed on the amount still owed, as well as the collection costs, without prejudice to techtechnik.com’s authority to claim the extrajudicial collection costs actually incurred.
- The Customer is allowed to exchange techtechnik.com discount codes when purchasing products from Other Sellers.
- The Other Seller has irrevocably granted techtechnik.com the right to exercise the collection rights arising from the purchase agreement between the Customer and the Other Seller on behalf of techtechnik.com and to the exclusion of the Other Seller.
- TechTechnik.com will handle claims against the Customer in accordance with its normal collection policy.
Article 7 – Provisions only applicable when purchasing from Other Seller(s) being a natural person
- If a Customer purchases a product via the Platform from another Seller being a natural person (so-called private seller), the Customer has the right to return this order within 14 (fourteen) days (‘right of withdrawal’). To facilitate the handling of a return, the customer will inform techtechnik.com, prior to the return and within 14 (fourteen) days, of the return by using the return button next to the item in his order status. The Customer will make every effort to return the item to the relevant Other Seller within 24 hours after the Customer has reported the return to techtechnik.com.
- During this period of 14 (fourteen) days, the Customer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the Other seller.
If the Customer has made use of his right of withdrawal in the prescribed manner, the maximum costs of return will be for his account.
If the Customer has already paid an amount, techtechnik.com will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.
- If an Other Seller, being a natural person, does not accept an order within six (6) working days, techtechnik.com will inform the Customer within eight (8) working days after the Customer has placed the order that his order has not been accepted and the possible return payment already received by techtechnik.com.
Article 8 – Information and use of data
- The Customer will carefully monitor his e-mail so that the Customer can take cognizance of information sent to the Customer by techtechnik.com and/or the Other Seller in a timely manner.
- Techtechnik.com is not liable for information that does not come across in time or clearly or for obvious errors, regardless of who the information comes from or to whom this information is provided.
- The Customer declares that it is aware of and agrees that its name and address details, e-mail address and telephone number will be provided to the Other Seller insofar as these are necessary to implement the Purchase Agreement/the order or if the Customer has permission to do so. given. Other Seller is only entitled to use the Customer’s data to the extent that this is necessary in the context of handling and executing the Purchase Agreement/order or when the Customer has given permission for the use of the data.
- Customer acknowledges that an evaluation system is part of the sales process. The Customer will be invited for this by e-mail. Customer declares that if he participates in the evaluation system, he will do so in good faith. The Customer guarantees that all information provided by him is correct and not misleading. Customer will refrain from providing and/or mentioning insulting, threatening and/or defamatory information. Techtechnik.com is at all times entitled not to include a review on the site or to remove it if the Other Seller demonstrates that a review is contrary to laws or regulations, public order and/or morality, is solely a product review or is not about the correct Other Seller, contains any personal data(s) or URL or is fraudulent.
Article 9 – E-mail communication between the Customer and the Other Seller
- Techtechnik.com has built an e-mail application for the purpose of communication between the Customer and the Other Seller (including the after sales obligations of the Other Seller), which makes it possible for both the Customer and the Other Seller to send an e-mail. -mail to contact each other through their respective accounts. This is without prejudice to the Customer’s right to contact the Other Seller by telephone.
- All communication that takes place via this e-mail application is stored by techtechnik.com on its servers and can be viewed and usedtechtechnik.com to:
- support the Customer and/or the Other Seller in case of questions and/or problems;
- to assess whether the Other Seller meets its requirements; and
- to analyze process improvements.
- The Customer agrees with every use of the e-mail application and gives techtechnik.com permission to store, view and use the communication in accordance with the provisions of paragraph 2 of this article.
- The communication that takes place via this e-mail application will be kept by techtechnik.com for a maximum of two years.
Article 10 – Miscellaneous
- Techtechnik.com is entitled to limit, not grant or revoke certain privileges or to block the use of the account or the possibility to order, deny or limit items from Other Sellers via techtechnik.com, depending on of a Customer’s trading history; this is solely at the discretion of techtechnik.com.
- If for a short or longer period of time, whether tacitly or otherwise, techtechnik.com allows deviations from the Purchase Conditions from other sellers , this does not affect its right to demand immediate and strict compliance with the Purchase Conditions from other sellers. The Customer can never assert any rights based on the fact that techtechnik.com applies the Terms and Conditions for buying from other sellers at any time flexibly.
- If one or more of the provisions of the Terms and Conditions for buying from other sellers or of the rules of procedure should conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legal provision to be determined by techtechnik.com. permissible provision, as much as possible with due observance of the intent of the relevant provision.
- Techtechnik.com is at all times entitled to no longer provide the functionalities for the offer of Other Sellers on the techtechnik.com website.
Article 11 – Applicable law
- The Terms and Conditions for buying from other sellers , the purchase or sale of items by Other Sellers via the techtechnik.com website and the Purchase Agreement between the buyer and the Other Seller are exclusively governed by Indian and US law. All disputes between the parties will be submitted to the competent court.