Conditions of Use

General Terms and Conditions

Mybunker

Section 1 - General Terms and Scope

The General Terms and Conditions stated below regulate the relations between Taschenkaufland and those individuals using of the online content of Taschenkaufland; these individuals will be referred to as the "Purchaser" below. These General Terms and Conditions refer to the use of the internet presence taschenkaufland.de as well as to all its subdomains. The version valid at the time of the conclusion of the contract is decisive.

Section 2 - Contract Conclusion

(1) All offers of Taschenkaufland on the internet are to be regarded as an invitation to the Purchaser to order goods from Taschenkaufland.

(2)  By ordering a specific object via the internet the Purchaser makes a binding offer to conclude a contract of purchase.

(3)  Taschenkaufland is entitled to accept the offer within 1 day by confirming the order in writing. The confirmation of order is communicated via email. If it is not confirmed within one day, the offer has been rejected.

Section 3 - Payment, Due Date, Delay in Payment

(1)  The goods shall be paid for in advance, in cash on delivery, by invoice or by credit card. Payment in cash on delivery is only applicable to shipment within Germany. Taschenkaufland reserves the right to accept or deny specific payment methods in particular cases.

(2)  If payment is made in advance, the Purchaser is obliged to pay the purchase price after placing the order without undue delay. If payment is made in cash on delivery the Purchaser is obliged to pay the purchase price on delivery. If payment on invoice has been agreed upon, the Purchaser is obliged to pay the invoice amount within 14 days after the goods have been delivered. If payment is made via direct debit, the invoice amount is debited within one week after the conclusion of the contract; if payment is made via credit card, the amount of invoice is debited when the goods are shipped.

(3)  Should the Purchaser fail to pay on time, he is liable for any negligence which occurs in the meantime. The Purchaser is also liable for coincidences, unless the damage would also have occurred, had the Purchaser paid on time.

(4)  Interest will be charged for any overdue payments at a rate of 5% above the base rate.

(5)  Further claims may still be asserted.

Section 4 - Delivery

(1)  The shipment of the object of purchase to the address stated by the Purchaser constitutes delivery.

(2) The shipment have to be paid by the Purchaser. For any sales outside Germany, the packaging and shipment costs depend on the weight of the goods, unless otherwise agreed. If the Purchaser wishes a specific mode of dispatch involving higher costs, the Purchaser also has to pay these additional costs.

Section 5 - Reservation of Title

Taschenkaufland remains the owner of the purchased object until the Purchaser has paid its full price. Before the ownership has passed on to the Purchaser, the Purchaser is not entitled to pledge, assign as security, process or change the purchased object without Taschenkaufland's express permission.

Section 6 - Prices

The prices stated in Taschenkaufland's quotations are the final prices including, if applicable, VAT and additional price components. The price does not include delivery and shipment costs.

Section 7 - Rescission

(1)  Taschenkaufland is entitled to withdraw from a contract even if the delivery or the service is not concluded, if false statements about the creditworthiness of the Purchaser have been made, or if there are objective reasons for withdrawal regarding a Purchaser's insolvency, as for example the institution of bankruptcy proceedings regarding the Purchaser's property or the denial of such proceedings because of insufficient property of the Purchaser. Before withdrawal the Purchaser has the possibility to make advance payments or to provide acceptable securities.

(2)  While any claims for damages remain unaffected, any completed parts of delivery, if applicable, are to be invoiced for and be paid in case of a partial withdrawal.

Section 8 - Warranty

(1) Taschenkaufland is liable for the perfect condition of the purchased object on delivery. If the purchased object turns out to be defective within 6 months after delivery, it is supposed that the object has already been defective on delivery, unless this supposition does not correspond to the type of object or to the type of defect. If the purchased object turns out to be defective later than 6 months after delivery, the Purchaser is obliged to prove that the defect already existed at the time of delivery.

(2) If the object of purchase is defective on delivery, the Purchaser may choose if the defect shall be repaired or a new object delivered. Taschenkaufland is entitled to reject the Purchaser's decision, if this decision amounts to disproportionate costs and if another possibility would not pose any significant disadvantages to the Purchaser.

(3) If the defect cannot be repaired or if the object cannot be redelivered, the Purchaser may choose to reduce the purchase price, or to withdraw from the contract and claim damages. If the defect is not significant, the Purchaser may not withdraw from the contract.

(4)  If Taschenkaufland delivers a non-defective object as compensation for a defective one, Taschenkaufland may demand that the Purchaser return the defective object to Taschenkaufland.

(5)  Any indemnity claims of the Purchaser expire after 2 years.

(6)  Damages which occur because the Purchaser takes inappropriate actions or actions which are contrary to contract to install, operate or store the goods, do not justify claims against Taschenkaufland.

Section 9 - Limitation of Liability

(1) Taschenkaufland is only liable for damages not injuring life, body, or health, if the damage occurs because of deliberate or gross negligence or if Taschenkaufland or its accomplices culpably violate significant contractual obligations. A contractual obligation is significant if its performance is crucial for the proper implementation of the contract, and if the Purchaser may regularly trust in the proper performance of the obligation. Any exceeding liability is excluded. Any claims resulting from warranties for the condition of the object of purchase given by Taschenkaufland and resulting from the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.

(2)  As matters stand, communication via the internet may not always be available or accurate. Therefore, Taschenkaufland is not liable for the availability of its internet contents at all times.

Section 10 - Proper Law

Any dispute about this contractual relation is subject to the German Federal Law. This only affects customers insofar as the protection given in this contract is not detracted by compulsory regulations of the Purchaser's usual country of residence. The United Nations Convention on Contracts for the international sale of goods is not applicable.

Section 11 - Severability Clause

If one of the terms stated above is or becomes invalid or non-enforceable, the other terms remain unaffected, unless the omission of separate clauses causes disadvantages  to a contracting party which are unbearable in a way that the contracting party cannot be expected to adhere to the contract.