Terms and Conditions (“Terms”)
Last updated: February 02, 2015
Hey guys, before you start to read through all the information below, here are some info you might be concerned about the most:
- You can revoke your contractual statement within 14 days by returning the item. Please send us an e-mail and let us know that you will return your order. Please let us also know why you want to return the order, so we can improve our service
- You can pay via PayPal or Bank transfer. We will send out your order as soon as your Payment has reached us
- By clicking “Place order” you agree to our terms and conditions
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.tanmeon.com website (the “Service”) operated by TanMeOn UG (haftungsbeschränkt) (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content, features and functionality are and will remain the exclusive property of TanMeOn UG (haftungsbeschränkt) and its licensors. The Service is protected by copyright, trademark, and other laws of both the Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TanMeOn UG (haftungsbeschränkt).
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by TanMeOn UG (haftungsbeschränkt).
TanMeOn UG (haftungsbeschränkt) has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that TanMeOn UG (haftungsbeschränkt) shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall TanMeOn UG (haftungsbeschränkt), nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
TanMeOn UG (haftungsbeschränkt) its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Bremen, Germany, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Limitation of Liability
TanMeOn UG (haftungsbeschränkt) or any of its employees does not take responsibility for any kind of skin irritation while or after wearing a product by TanMeOn. All users of any TanMeOn product are responsible to protect their skin against sunrays. For information about skin protection please visit: Do not wear in solarium.
Annex 1 to Article 246 § 2 Section 3 Clause 1 of the Introductory Act to the German Civil Code (EGBGB)
Notice of revocation rights
You can revoke your contractual statement within [14 days] (1) without indicating reasons in text form (e.g. letter, fax, e-mail) [or – if the item is delivered to you before expiry of the time limit – also by returning the item ] (2). The deadline takes effect on receipt of this notice in text form (3). Timely dispatch of revocation [or the item] is sufficient to observe the revocation deadline. Revocations are to be submitted to: (4)
Revocation consequences (5)
In the event of a valid revocation, the performance delivered by either party is to be returned and the proceeds of any utilization (e.g. interest) submitted. (6) If you cannot submit / return the received performance and benefits (e.g. utilization benefits) to us, or submit / return them only partially or in a deteriorated condition, you need to compensate us to the required extent. (7) [You must pay compensation for degraded items only insofar as the deterioration is due to handling of the items beyond testing of properties and functionality. (8) "Testing of properties and functionality" is to be understood as testing and evaluation of the respective goods as is possible and common in retail shops, for instance. (9) Items which can be dispatched in packages are to be returned at our [expense and] (10) risk. Items which cannot be dispatched in packages will be fetched from your premises.] (2) Payment obligations must be fulfilled within 30 days. The time limit becomes effective on dispatch of your revocation notice [or the item] (2) for you, and on its receipt for us.
(Location), (date) (consumer’s signature) (14)
Notes on composition
(1) If the revocation notice is provided not by contract conclusion at the latest, but only afterward, the supplement in brackets must read "one month". In this case, composition note 9 also applies if the reference provided there is not issued in text form by contract conclusion at the latest. In the case of contracts on distance sales, a revocation notice issued in text form immediately after contract conclusion is equivalent to one issued on contract conclusion if the entrepreneur has informed the consumer as per Article 246 § 1 Section 1 Number 10 EGBGB.
(2) The supplement in brackets does not apply to performances not involving provision of items.
(3) In any of the special cases mentioned next, the following must be inserted:
a) In the case of contracts to be concluded in writing: ", but not before a contractual document, or your written request, or a duplicate of either of these has also been made available to you";
(b) In the case of distance sales contracts (§ 312b Section 1 Clause 1 of the German Civil Code (BGB)) concerning:
aa) Delivery of goods: ", but not before receipt of the goods by the recipient (not before receipt of the first partial delivery in the case of recurrent supply of similar goods), nor before fulfilment of our information obligations as per Article 246 § 2 in conjunction with § 1 Sections 1 and 2 EGBGB";
bb) Provision of services other than payment services: ", but not before contract conclusion, nor before fulfilment of our information obligations as per Article 246 § 2 in conjunction with § 1 Sections 1 and 2 EGBGB";
cc) Provision of payment services:
aaa) In the case of framework agreements on payment services: ", but not before contract conclusion, nor before fulfilment of our information obligations as per Article 246 § 2 in conjunction with § 1 Section 1 Numbers 8 to 12, Section 2 Numbers 2, 4 and 8, as well as Article 248 § 4 Section 1 EGBGB";
bbb) In the case of instruments for small amounts in the sense of § 675i Section 1 BGB: ", but not before contract conclusion, nor before fulfilment of our information obligations as per Article 246 § 2 in conjunction with Section 1 Numbers 8 to 12, Section 2 Numbers 2, 4 and 8, as well as Article 248 § 11 Section 1 EGBGB";
ccc) In the case of single payment contracts: ", but not before contract conclusion, nor before fulfilment of our information obligations as per Article 246 § 2 in conjunction with § 1 Section 1 Numbers 8 to 12, Section 2 Numbers 2, 4 and 8 as well as Article 248 § 13, Sec. 1 EGBGB";
(c) In the case of contracts forming part of e-commerce (§ 312g Section 1 Clause 1 BGB): ", but not before fulfilment of our obligations as per § 312g Section 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB";
(d) In the case of trial purchases (§ 454 BGB): "; but not before the sales contract has become binding through your endorsement of the purchased item";
If notice is served for a contract falling under several of the special cases mentioned above (for example, a distance sales contract for the supply of goods in e-commerce), the respective supplements must be combined (in this example, as follows: "; but not before receipt of the goods by the recipient [not before receipt of the first partial delivery in the case of recurrent supply of similar goods], nor before fulfilment of our information obligations as per Article 246 § 2 in conjunction with § 1 Sections 1 and 2 EGBGB, as well as our obligations as per § 312g Section 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB"). If supplements to be combined are linguistically identical, their wording need not be repeated.
(4) Insert: Name/company and summonable address of the revocation’s intended recipient.
Also specifiable: Fax number, e-mail address and/or Internet address if the consumer receives confirmation of their revocation statement to the entrepreneur.
(5) This section may be omitted if the mutual performances are rendered only after expiry of the revocation deadline. The same applies if a reversal does not come into consideration (e.g. collection of a guarantee).
(6) If a fee for toleration of overdraft within the meaning of section § 505 BGB has been agreed, the following must be inserted here:
"If you overdraw your account without having been granted related approval, or exceed the overdraft scope granted to you, we may not demand any compensation of costs or interest from you beyond repayment of the overdraft or excess amount, if we have not informed you duly about the conditions and consequences of the overdraft or transgression (e.g. applicable interest on debt, costs)."
(7) In the case of distance sales contracts for services, the following sentence must be added:
"This may oblige you to nonetheless fulfil the contractual payment obligations for the period up to revocation."
(8) In the case of distance sales contracts for the supply of goods, the previously added sentence must be replaced by the following sentence: "You must pay compensation for degraded items and derived benefits only insofar as the benefits or deteriorations are due to handling of the items beyond testing of properties and functionality."
(9) If a reference concerning the obligation to compensate lost value as per § 357 Section 3 Clause 1 BGB is not issued in text form by contract conclusion at the latest, the two preceding sentences must be replaced by the following supplement: "You need not pay any compensation for deterioration caused by usage of the item for the intended purposes." In the case of distance sales contracts, a note provided in text form immediately after contract conclusion is equivalent to a note provided on contract conclusion, if the entrepreneur has informed the consumer in time, prior to issue of their contractual declaration, about the obligation for compensation of lost value in a manner appropriate for the employed means of telecommunication .
In the case of distance sales contracts for the supply of goods, the following must be added:
"You must pay compensation for derived benefits only insofar as you have used the goods in a manner that goes beyond testing of properties and functionality. "Testing of properties and functionality" is to be understood as testing and evaluation of the respective goods as is possible and common in retail shops, for instance.
(10) If the consumer has agreed to bear shipping costs according to § 357 Section 2 Clause 3 BGB, the addition in brackets can be omitted. Instead, the following must be inserted after "to be returned at our [expense and] (10) risk."
"You have to bear the regular costs of return if the delivered goods correspond to the order, and if the price of the goods to be returned does not exceed 40 EUR or, in case of a higher item price, if you had provided no consideration or contractually agreed partial payment at the time of revocation. Otherwise the return is free of charge for you."
(11) In the case of revocation rights as per § 312d, Section 1 BGB, applicable to distance sales contracts for provision of services, the following reference must be included:
"Your revocation right expires prematurely if the contract has been completely fulfilled by both parties at your explicit request before you exercise your revocation right."
(12) The following note for financed transactions can be omitted if there is no associated deal:
"If you finance this contract through a loan and revoke it later, you are no longer bound to the loan contract either, if both contracts form a single economic unit. This can be assumed, in particular, if we are your lender or if your lender is enabling the financing with the help of our cooperation. If the loan has already been received by us once the revocation takes effect or the goods are returned, your lender, as concerns the legal consequences of the revocation or return in relation to you, assumes our rights and obligations arising from the financed contract. The latter does not apply if the present contract’s object is the purchase of financial instruments (e.g. securities, foreign exchange or derivatives).
If you want to avoid contractual binding as far as possible, make use of your right of revocation, and also revoke the loan contract if you have this additional right to withdrawal."
In the case of financed acquisition of a plot of land or an equivalent right, Sentence 2 of the afore-mentioned note must be changed as follows:
"This is to be assumed only if the parties to both contracts are identical or, if in addition to providing loans, the lender promotes your real-estate transaction through interaction with the seller by wholly or partly taking over their sales interests, or their functions in planning, advertising or project implementation, or by unilaterally favouring the seller."
(13) The following note for distance sales contracts for financial services can be omitted in an absence of any additional distance sales contract for services:
"On revocation of this distance sales contract for financial services, you are also no longer bound to any additional distance sales contract, if this contract’s object is a further service provided by us or a third party on the basis of an agreement between us and the third party."
(14) The location, date and signature strip can be omitted. In this case, these details must be replaced either by the words "End of revocation notice" or by the words "Your (insert: entrepreneur’s company)".
Quelle: Widerrufsbelehrung – twigg.de
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.