General terms and conditions

1. Scope of application

All orders and commissions shall be processed exclusively in accordance with these General Terms and Conditions of Torgauer Tourismus und Service GmbH. Deviating and/or supplementary terms and conditions of the customer, which we do not expressly recognize in writing, are not binding for us, even if we do not expressly object to them. By placing an order, the General Terms and Conditions of the Torgau Information Center are recognized and become part of the contract.

2. Conclusion of contract

2.1 The presentation of the goods on our website does not constitute a binding offer, but an invitation to submit an offer.

2.2 By sending the order via the button “Order information material” you submit a binding offer to conclude a purchase contract.

2.3 Immediately thereafter, you will receive an electronic confirmation of receipt of your order. This order confirmation does not yet constitute acceptance of the contract offer. The order is accepted by delivery of the goods or an express declaration of acceptance.

3. Prices

3.1 The prices stated at the time of the order apply, including statutory VAT.

3.2 Torgauer Tourismus und Service GmbH reserves the right to change prices and contest errors within the framework of the statutory provisions.

4. Payment and retention of title

4.1 In the case of delivery on account, the customer undertakes to pay the invoice amount within 14 days of receipt of the goods without deduction. Default shall occur at the latest within 30 days of the due date and receipt of the invoice.

4.2 The delivered goods shall remain our property until payment has been made in full.

5. Right of withdrawal

You can revoke your contractual declaration within one month without giving reasons in text form (e.g. letter, fax, e-mail) or - if the goods are handed over to you before the deadline expires - by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and our obligations under § 312 g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the revocation or the goods shall suffice to comply with the revocation period. The revocation is to be sent to:

by letter: Torgau-Informations-Center, Markt 1, 04860 Torgau
by fax: 03421 701415
by e-mail: info@torgau-tourismus.de

Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender to us the goods or services received and any benefits (e.g. benefits of use), or if you are only able to return or surrender them in part or in a deteriorated condition, you must compensate us for the loss in value. You do not have to pay compensation for any deterioration caused by the intended use of the item. Items ready for parcel shipment are to be returned at our risk. You have to bear the costs of the return shipment if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed € 40.00 or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.

6. Warranty

6.1 Unless expressly agreed otherwise below, the statutory warranty provisions shall apply.

6.2 If delivered items have obvious material or manufacturing defects (including transport damage), please inform us immediately and complain about the goods. Failure to do so shall have no consequences for your statutory claims.

7. Liability

7.1 Torgauer Tourismus und Service GmbH shall be liable in the event of intent, gross negligence, claims under the Product Liability Act and in the event of injury to life, limb or health in accordance with the statutory provisions.

7.2 Furthermore, Torgauer Tourismus und Service GmbH shall not be liable for slight negligence unless it has breached a material contractual obligation. Material contractual obligations are those obligations that protect the legal positions of the customer which are material to the contract and which the contract is intended to grant him according to its content and purpose. Furthermore, essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely. In these cases, liability is limited to typically occurring and foreseeable damages up to an amount of € 5,000.

7.3 This limitation of liability also applies to the legal representatives and vicarious agents of Torgauer Tourismus und Service GmbH.

8. Online dispute resolution of the European Commission

The European Commission provides a platform for online dispute resolution (ODR). You can find the platform at ec.europa.eu/consumers/odr.
Your direct contact to us: E-mail: info@torgau-tourismus.de

9. Choice of law, place of jurisdiction, severability clause

9.1 The contractual relationship between Torgauer Tourismus und Service GmbH and the customer is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

9.2 If the buyer is a merchant, a legal entity under public law, or a special fund under public law, Torgau shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

9.3 Should any provision of these Terms and Conditions or any provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.