General Terms and Conditions(GTC)
as amended september 2011 – version 1.05
1. General provisions
1.1 The following General Terms and Conditions are applicable to all contracts concluded via the online shop at
the domain http://www.intent24.com between
represented by its managing directors:
Stephan Weiß, Atakam Cicek
22848 Norderstedt / Germany
Phone: +49 (0)40 60 87 27 17
Fax: +49 (0)40 60 87 27 37
VAT-ID number: DE 167895255
Commercial register: HRB 8223 KI
Registration court: Amtsgericht Kiel [Local Court of Kiel]
and the customer.
1.2 Via its own online shop, TOOLPORT GmbH offers its customers especially new and second-hand party tents
and garden products for sale.
1.3 Both consumers and entrepreneurs are deemed customers in terms of the present General Terms and
Conditions. All natural persons, who conclude a legal transaction with a purpose that pertains to neither
their commercial activities nor their professional activities as a self-employed person, are deemed
consumers. All natural or legal persons or partnerships with legal capacity, who, by concluding a legal
transaction, perform a commercial or professional activity as a self-employed person, are deemed
1.4 The relations between the Contractual Parties are subject to the laws applicable in the Federal Republic of
Germany. With regard to consumers, this choice of jurisdiction is only applicable, if it does not deprive the
consumer from protection provided by mandatory provisions applicable in the country where the
consumer has his regular place of residence. The contract language is German.
1.5 The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG)
are not applicable.
2. Contract conclusion in the online shop
2.1 Contract conclusion is subject to the requirements set forth in items 2.2 to 2.5 of this provision.
2.2 The products and services listed in the online shop do not constitute a binding offer on the part of
TOOLPORT GmbH; instead, the offering constitutes a request to the customer to make a binding offer by
placing an order.
2.3 By sending the order from the “virtual shopping cart”, the customer places a binding order for the items
contained in said shopping cart. Before making a final declaration on entering into a contract, customers
are requested to verify the information given and correct it if required. If the information entered is faulty,
the customer has the option of going back to the previous webpage via his respective browser functions
and entering new information. TOOLPORT GmbH will immediately confirm receipt of this order.
2.4 The sales contract is concluded upon explicit acceptance of the order by TOOLPORT GmbH or delivery of
the goods. In cases of immediate performance of the order, the delivery note or the invoice are thus
deemed the order confirmation. In this respect, TOOLPORT GmbH is in any case entitled to accept the
customer’s offer to conclude a contract within 3 (three) working days after receipt of the order.
2.5 TOOLPORT GmbH assumes no procurement exercise risk. The contract is therefore concluded under the
proviso that TOOLPORT GmbH will not perform or only partially perform, if the Company itself is not
properly or correctly supplied by its own suppliers. TOOLPORT GmbH’s liability for intent or negligence as
set forth in item 9 of these General Terms and Conditions remains unaffected thereof. In cases of
unavailability or partial availability of the performance, TOOLPORT GmbH will immediately inform its
customer thereof; in cases of rescission, the counter performance will be immediately returned to the
3. Storage of the contract wording
The wording of the contract is stored; after the order has been sent, it can be accessed via the internal
customer area. The customer can log in directly on the website of TOOLPORT GmbH
(http://www.intent24.com) by stating his user name and the previously defined password.
4. Right of return and consequences
Consumers have a right of cancellation according to the distance selling regulations; this right of return may be
replaced by a right of return – as here in the case on hand. As a consumer you therefore have the right of
return according to the following return instructions.
Right of return
You can return the received goods within two weeks (without stating reasons) by sending the goods back.
The two-week period starts upon receipt of these instructions in text form (for example as a letter, fax,
email), however not prior to the receipt of the first partial delivery) and also not prior to the fulfilment of our
informational obligations according to article 246 § 2 in association with § 1 paragraph 1 and 2 EGBGB as
well as our obligations according to § 312g paragraph 1 sentence 1 BGB in association with article 246 § 3
EGBGB. You may state the redemption request in text form only for goods that cannot be shipped (for
example large dimension goods). Timely dispatch of the goods or the return statement is sufficient to adhere
to the term. In any case the return shall be done at our costs and risk. The return or the redemption request
shall be addressed to:
Stephan Weiß, Atakam Cicek
Fax: +49 (0)40 – 60 87 27 37
In case of a redemption request the goods will be picked up.
Consequences of return
In case of an effective return the mutually received benefits are to be returned and derived profits are to be
handed out if applicable. In case of deterioration of objects and usages (for example consumer advantages)
that cannot be returned or only in deteriorated condition you must pay us damage compensation. You must
only pay compensation for the deterioration of the object and derived benefits if the benefits or the
deterioration is based on handling the object in such a manner that exceeds testing the characteristics and the functionality. „Testing the characteristics and the functionality“ means testing and trying the respective
goods as it is possible and common in a store. Obligations for the reimbursement of payments must be fulfilled within 30 days. The term commences with the dispatch of the goods or the redemption request for
you, for us with the receipt of the same.
End of the return instructions
5. Prices, delivery and shipment costs
5.1 The prices stated in the online shop are final prices. They therefore include all price components, including
any applicable taxes; nevertheless, in individual cases related to cross-border deliveries, the customer
might have to pay additional taxes (e.g. for intra-Community acquisitions) and/or duties (e.g. customs
5.2 Delivery and shipment costs are not included in the purchase price; these depend on the respective actual
offer and the statements on shipment made therein, and shall be borne by the customer.
6. Payment conditions; delivery and shipment conditions
6.1 The customer shall pay the purchase price plus potential delivery and shipment costs via bank transfer,
cash on delivery or via the PAYPAL payment service within 7 (seven) days after receipt of the request for
payment the latest, unless expressly otherwise agreed upon (e.g. cash upon collection by the customer
from Monday to Friday between 9 am and 5 pm). If the maturity date passes without the payment having
been effected, the customer is deemed in default without TOOLPORT GmbH having to make any further
declaration to this end.
6.2 The customer may only exercise his right of retention, if his counter claim is based on the same contractual
6.3 The goods will be shipped within up to 5 (five) working days after receipt of the full purchase price plus any
potential delivery and shipment costs by TOOLPORT GmbH. If TOOLPORT GmbH is stated as the beneficiary
in a certified bank transfer form by the customer’s bank and the amount is not reversed by the customer
and the form is sent via fax to the number stated in item 1.1 of these General Terms and Conditions, the
goods can be shipped earlier than stated in sentence 1.
6.4 The customer guarantees that he stated the correct and complete delivery address in his order. Should the
shipment incur additional costs due to incorrect address data, like repeated shipment costs or fees for
returned direct debits, these are to be reimbursed by the customer.
7. Passing of risk; reporting of transport damages
7.1 For consumers, the risk of accidental loss and accidental deterioration of the goods passes over to the
customer upon handover of the goods. This also applies to mail order purchases. For entrepreneurs, the
risk of accidental loss and accidental deterioration of the goods passes upon handover to the entrepreneur
himself or a person authorised to receive on his behalf. In the case of mail order purchases, the risk passes
upon handover to an appropriate transport person. If the customer defaults on acceptance, the handover
is deemed to have taken place in this respect.
7.2 If transport damages occur, the customer will use his best endeavours to support TOOLPORT GmbH in
asserting potential claims against the respective transport company or transport insurance company.
7.3 The customer shall check goods deliveries for potential transport damages. In cases of obvious damage,
the customer undertakes to note this damage on the respective shipping documents and to obtain a
signature from the person delivering acknowledging the damage; if the customer does not reject the
delivery, he shall keep the packaging.
7.4 If the (partial) loss or damage of the goods is not obvious, the customer shall notify TOOLPORT GmbH of
the damage within 5 (five) days after receipt of the goods or notify the transport company within 7 (seven)
days after receipt, in order to ensure that possible claims against the transport company can be asserted in
a timely manner.
7.5 The potential rights and claims on the part of the customer, particularly the buyer’s statutory rights with
respect to defects of the (purchase) object, are not affected by the provisions above. The provisions above
do not contain any terms of preclusion with respect to the customer’s rights pursuant to item 8 of these
General Terms and Conditions.
8. Terms of warranty
8.1 TOOLPORT GmbH’s warranty obligations are governed by the following paragraphs. TOOLPORT GmbH
gives a warranty of its own, if this is expressly stated in the product description; the mere presentation
of the product in the online shop is therefore to be deemed a pure description of performance.
8.2 Potential requests and / or complaints of any type are to be addressed to TOOLPORT GmbH using the
contact data stated in item 1.1 of these General Terms and Conditions.
8.3 The warranty does not cover damage that is caused by improper handling or use of the goods by the
8.4 If the purchase object is defective, the customer is entitled to subsequent performance, provided that
and to the extent in which the requirements set forth in the statutory provisions concerning the rights in
case of defective goods are met.
8.5 In the scope of subsequent performance, consumers may opt for either subsequent repair of the goods
or replacement delivery. TOOLPORT GmbH is nevertheless entitled to refuse the chosen method of
subsequent performance, if this would incur unreasonably high costs and the other form of subsequent
performance does not entail any considerable disadvantage for the consumer.
8.6 With respect to the warranty towards entrepreneurs, TOOLPORT GmbH may initially choose to fulfil this
obligation by means of either subsequent repair or replacement delivery at its own discretion.
8.7 Consumer rights regarding defects in a new object are subject to a limitation period of 2 (two) years,
while the respective limitation period for entrepreneurs is 1 (one) year, both starting from the time of
delivery of the goods at the customer. For second-hand objects, the limitation period applicable to
consumers for claims resulting from defective goods is 1 (one) year starting from the time of delivery of
the goods at the customer. Towards entrepreneurs, claims and rights resulting from the sale of defective
second-hand goods are excluded; this is also applicable to defects that arose after contract conclusion
and before passing of risk. The above provisions regarding limitation periods do not apply as far as
TOOLPORT GmbH is liable in terms of item 9 of these General Terms and Conditions or if these pertain to
the right in rem of a third party, on the basis of which the surrender of the delivery goods may be
8.8 The entrepreneur’s rights of recourse pursuant to Sections 478, 479 BGB remain unaffected of the
provisions set forth in items 8.1 to 8.7 above.
8.9 The entrepreneur is to report obvious defects within a period of 2 (two) weeks after receipt of the goods
using the contact data mentioned above; otherwise the assertion of a warranty claim is excluded. The
date of sending the notification of defect is deemed sufficient for meeting the deadline.
9. Liability provisions
9.1 Pursuant to the statutory provisions, TOOLPORT GmbH is liable to an unlimited extent for damage resulting
from the injury to life, body or health due to intentional or negligent breach of obligation and other
damages that are based on intentional and negligent breaches of obligation or fraudulent intent.
TOOLPORT GmbH is further liable to an unlimited extent for damage that is included in statutory and
mandatory liability provisions, such as the Produkthaftungsgesetz [Product Liability Act], and damage for
which the Company gave a warranty.
9.2 For damage that is not covered by item 9.1 and that is caused by slight or ordinary negligence, TOOLPORT
GmbH is liable as far as this negligence pertains to the breach of contractual obligations, the fulfilment of
which is essential for the proper performance of the contract and the compliance with which can be relied
on by the customer as a rule (so-called material obligations). Thereby the liability of TOOLPORT GmbH is
limited to the foreseeable damage usual for this type of contract.
9.3 In case of slightly negligent breach of contractual obligations that are covered by neither item 9.1 nor 9.2
(so-called immaterial obligations), TOOLPORT is liable towards consumers. This liability is limited to the
foreseeable damage usual for this type of contract.
9.4 Any liability beyond this scope is excluded.
10. Place of jurisdiction
If the customer is a merchant, a legal person under public law or a so-called Sondervermögen [separate fund]
under public law, the exclusive place of jurisdiction for all disputes arising under this contract is the business
seat of TOOLPORT GmbH. The same applies, if the customer in his capacity as an entrepreneur has no general
place of jurisdiction in Germany or if his place of residence or usual abode is unknown at the time the action is
brought forward. The right to bring a case to a court at another legally admissible place of jurisdiction remains