GENERAL TERMS AND CONDITIONS OF
Welcome to the third hand!
§ 1 Scope and Provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") regulate the sale of products and services to you by Die third hand (hereinafter referred to as the provider) in the version valid at the time of the order.
(2) Deviating terms and conditions of the customer will be rejected.
(3) Please read these terms and conditions carefully before you place an order with The Third Hand. By placing an order with Die third hand you agree to the application of these terms and conditions to your order.
(4) On the third hand we offer you the sale of the following products:
Sale of accessories, clothing, organic cosmetics, merchandising, postcards, books, souvenirs, handicrafts, tickets, audio / video productions, textiles, furniture.
(5) On the third hand we offer you the following services:
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are aimed exclusively at end customers with an invoice and delivery address in:
Germany, Great Britain, France, Netherlands, Poland, Austria, Belgium, Hungary, Bulgaria, Czech, Spanish, Portuguese, Romanian, Swedish, Danish, Finland, Norway, Ireland, Wales, Iceland.
In the case of individual bulky goods, the possible delivery addresses and the place of delivery may be limited; the restriction is shown in the respective list price.
(3) The customer must have reached the age of 18.
(4) The presentation of the goods in the online shop does not constitute a legally effective offer. The presentation of the goods only prompts the customer to make an offer.
(5) Your order represents an offer to Die third hand to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information requested there and in the last ordering step the button "order with obligation to pay" clicks.
(6) The purchase contract between the provider and the customer only comes into existence through a declaration of acceptance by the provider. This takes place at the earlier of the two dates, either sending the goods or sending a dispatch confirmation by email. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the provider. This relates both to the number of products ordered as part of an order and to the placing of several orders for the same product, in which the individual orders comprise a quantity that is normal for a household.
(8) Your orders will be saved by us after the conclusion of the contract. Should you lose your documents for your orders, please contact us by email or phone. We will send you a copy of the order details.
(9) Access to the Die third hand service requires registration.
(10) By registering, the customer accepts these terms and conditions. With the registration, a contractual relationship arises between Die third hand and the registered customer, which is based on the provisions of these terms and conditions.
(11) The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the customer is only asked to make an offer.
(12) By ordering a paid service, the registered customer enters into a further contractual relationship with Die third hand that is separate from the registration. Before entering into this contractual relationship, the user will be informed about the respective chargeable service and the terms of payment. The contractual relationship arises when the customer confirms the order and payment obligation by clicking the button "order subject to payment".
(13) You agree that you will receive invoices electronically. Electronic invoices are made available to you by email or in the customer account on the website. We will inform you for each delivery and service whether an electronic invoice is available. For more information on electronic invoices, please visit our website.
§ 3 Description of the scope of services
The scope of services of The Third Hand consists of the following services:
Users can register free of charge and after this has been done, individual services and products can be fully used.
§ 4 prices and shipping costs
(1) Our prices include the applicable statutory value-added tax and include a flat-rate shipping fee and a surcharge for shipping costs. The shipping surcharges vary depending on the type of delivery and the nature of the item.
(2) Despite our best efforts, a small number of the products in our catalog may be incorrectly priced. We check prices when we process your order and before we charge payment. If a product is priced incorrectly and the correct price is higher than the price on the website, we will contact you prior to shipping the goods to ask you whether you want to buy the product at the correct price or cancel the order . If the correct price of a product is lower than the price quoted by us, we will charge the lower amount and send you the product.
(3) The prices at the time of the order apply. If list prices are available, the prices of the list price valid at the time of the order apply.
(4) To use The Third Hand, you must first register.
(5) If the user wishes to use a chargeable service, he will be advised of the chargeable service beforehand. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.
(6) The provider reserves the right to charge different fee models for different booking times and user groups and in particular for different usage periods, as well as to offer different scopes of services.
§ 5 delivery and cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products that are sold by Die third Hand (e.g. on the respective product detail page). We would like to point out that all information on availability, shipping or delivery of a product is only approximate information and approximate guide values. They do not represent any binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective product.
(2) If the third hand finds out during the processing of your order that the products you have ordered are not available, you will be informed separately by email or by message in your customer account. The legal rights of the customer remain unaffected.
(3) Insofar as delivery to the customer is not possible because the goods delivered do not fit through the front door, front door or staircase of the customer or because the customer cannot be found at the delivery address given by him, although the delivery time is reasonable for the customer Deadline has been announced, the customer bears the costs for the unsuccessful delivery.
(4) Delivery takes place depending on the customer's payment method. In the case of prepayment, delivery takes place after the payment order has been issued to the transferring bank. When paying by PayPal, credit card, gift card, direct debit, instant transfer or invoice, delivery takes place after the contract has been concluded.
(5) If your order is sent in more than one parcel, it is possible that you will receive a separate dispatch confirmation for each parcel. In this case, a separate sales contract is concluded between us for the products listed in the respective shipping confirmation for each shipping confirmation. The contract partner is the third hand. Regardless of your right of cancellation, you can cancel your order for a product at any time free of charge before sending the corresponding shipping confirmation.
(6) This right to cancel does not apply to certain product groups and services, including digital content or software that is not supplied on a physical data carrier (e.g. on a CD or DVD), provided that the download or use (whichever is the earlier point in time) has started.
§ 6 inches
(1) If you order products from The Third Hand for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches its designated destination. Any additional charges for customs clearance are your responsibility; we have no control over these fees. Customs regulations vary greatly from country to country, so you should contact your local customs authority for more information.
(2) Please also note that if you order from Die third Hand, you will be regarded as the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, please read our customs information.
§ 7 terms of payment
(1) Any fees incurred are to be paid in advance to Die third hand at the due date without any deductions.
(2) By registering, providing the information required for the payment process and using the chargeable service, the user authorizes the operator to collect the relevant amount.
(3) A paid service is automatically extended by the period booked (subscription), unless canceled by phone, email or letter.
(4) The subscription will be withdrawn at the following time: on the first working day of the month.
(5) The customer can pay for the goods or services using the following payment methods:
- Credit card
- Gift card
- Debit charge:
In the case of a return debit for which the customer is responsible, Die third hand will charge a flat-rate compensation for damages of € 4.99 (four euros and ninety-nine cents). The customer can prove that the damage did not occur at all or that it is significantly lower than the flat rate. The above regulations apply accordingly to payments of the purchase price of goods that are sold by third parties.
- Instant bank transfer
- Payment in advance
- Cash on delivery
The cash on delivery fee is € 5 (five euros).
(6) Certain payment methods can be excluded by the provider in individual cases.
(7) The customer is not permitted to pay for the goods or services by sending cash or checks.
(8) If the customer chooses an online payment method, the customer authorizes the provider to collect the amounts due at the time of the order.
(9) If the provider offers payment in advance and the customer chooses this type of payment, the customer must transfer the invoice amount to the provider's account within five calendar days of receipt of the order. The provider reserves the goods accordingly for five calendar days.
(10) If the provider offers payment by credit card and the customer chooses this type of payment, he expressly authorizes the provider to collect the amounts due.
(11) If the provider offers payment by direct debit and the customer chooses this type of payment, the customer grants the provider a SEPA basic mandate. If, when paying by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank details, the customer must bear the costs.
(12) If the provider offers payment in advance and the customer chooses this type of payment, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of any discount.
(13) If the customer defaults on payment, the provider reserves the right to assert the damage caused by the delay.
§ 8 Registration and termination
(1) Furthermore, the customer declares that he and, to the best of his knowledge, no member of his household, have no criminal record for an intentional crime that endangers the safety of third parties, in particular not for an offense against sexual self-determination (Sections 174 et seq. StGB, an offense against life (Sections 211 ff. StGB), a crime against physical integrity (Sections 223 ff. StGB), an offense against personal freedom (Sections 232 ff. StGB), or because of theft and embezzlement ( §§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or because of drug abuse.
(2) Subject to reservation, a user is entitled at any time to unsubscribe in writing by post, email or telephone without giving a reason. At the same time, there is the option of deactivating this completely and personally within the data and settings in the user account. The previously concluded contractual relationship is thus ended.
(3) If a user has registered for a paid service, he can cancel at least 7 days before the booking period. If this deadline is not met, the chargeable service will be extended by this period depending on the booking time selected and the cancellation will only take effect at the end of the subsequent booking period. Cancellation is possible by phone, email or letter and we will confirm this in writing. So that your cancellation can be assigned, the full name, the stored e-mail address and the address of the customer should be given. In the event of termination by telephone, the individual telephone password is required.
(4) The third party can terminate the contract at its own discretion, with or without prior notice and without giving reasons, at any time. The third hand also reserves the right to remove profiles and / or any content that has been published on the website by or by the user. If the third hand terminates the registration of the user and / or removes profiles or published content of the user, there is no obligation for the third hand to inform the user about the reason for the termination or the removal.
(5) Following each termination of any individual use of the services of Die third hand, Die third hand reserves the right to inform other registered users with whom Die third hand assumes that they have been in contact with the user , to send. The third hand's decision to terminate the registration of the user and / or to notify other users with which the third hand assumes that the user was in contact does not imply or in no way states that the third hand makes statements about the individual character, general Reputation, personal characteristics still meet over lifestyle.
(6) Users are obliged not to provide any intentional or fraudulent false information in their profile or other areas of the portal. Such information can lead to civil action. The operator also reserves the right to terminate the existing contractual relationship with immediate effect in such a case.
(7) If the access of a user is blocked due to a culpable breach of contract and / or the contractual relationship is terminated, the user has to pay damages for the remaining contract period in the amount of the agreed fee minus the saved expenses. The amount of the saved expenses is set at a flat rate of 10% of the remuneration. Both contracting parties are free to prove that the damage and / or the saved expenses are actually higher or lower.
(8) After termination of the contractual relationship, all of the user's data will be deleted by Die third hand.
§ 9 Limitation of Liability (Services)
(1) The third party assumes no responsibility for the content and correctness of the information in the registration and profile data of the customer or any other content generated by the customer.
(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective buyers involved. Therefore, Die third hand is not liable for the services of the participating customers. Accordingly, all matters relating to the relationship between the customers including, without exception, the services that a seeker has received or payments that are due to the customer are to be addressed directly to the respective party of the. The third party cannot be held responsible for this and hereby expressly contradicts all possible liability claims of any kind, including claims, services, direct or indirect damage of any kind, consciously or unconsciously, suspected or unexpected, disclosed or not, in whatever kind Connection with the aforementioned matters.
(3) Die third Hand is only liable for damages resulting from injury to life, limb or health if they are based on an intentional or negligent breach of duty by Die third Hand or an intentional or negligent breach of duty by a legal representative or vicarious agent of Die third Hand .
(4) For other damages, insofar as they are not based on the breach of cardinal obligations (such obligations, the fulfillment of which make the proper execution of the contract possible in the first place and compliance with which the contractual partner may regularly rely), Die third Hand Europe is only liable if they based on an intentional or grossly negligent breach of duty by Die third Hand or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Die third Hand.
(5) The claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, they amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, limb or health or freedom become statute-barred after 30 years; Otherwise after 1 year, whereby the statute of limitations at the end of the year in which the claim arose and the obligee becomes aware of the circumstances giving rise to the claim and the person of the debtor or would have to gain knowledge without gross negligence (Section 199 (1) BGB) .
(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with the law and, if necessary, to delete them in whole or in part.
§ 10 Offsetting and right of retention
(1) The customer only has the right to offset if the customer's counterclaim has been legally established or has not been disputed by the provider.
(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 11 retention of title
The third hand retains ownership of the goods until full payment has been made.
§ 12 Transport Damage
(1) If the customer receives the goods with obvious transport damage, the provider asks him to make a complaint as soon as possible.
(2) Should the customer fail to file a complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.
§ 13 Right of Defects
(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase is based on the statutory provisions: Accordingly, customers in the European Union have warranty rights in addition to their 30-day return guarantee for a period of two years from the delivery of the goods and can request the repair or replacement of the products purchased on Die third Hand if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or a reduction in the purchase price.
(2) In the case of used goods, the warranty period can be shorter than two years.
(3) If the customer is not a consumer, the defect will be remedied by a new delivery or a new performance.
(4) If the customer is not a consumer, the limitation period is one year. This does not apply to any claims for damages or reimbursement of expenses which are asserted for compensation for damage to body and health or for willful intent or gross negligence.
§ 14 Limitation of Liability (Products)
(1) The provider is liable for claims for damages by the purchaser from injury to life, limb, health or from the breach of essential contractual obligations, as well as for other damage resulting from their willful or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of Based on the provider.
(2) Essential contractual obligations are obligations the fulfillment of which is necessary to achieve the objective of the contract.
(3) The provider is liable for breaches of essential contractual obligations that are based on contract-typical, foreseeable damage, provided that the damage was caused simply by negligence. This limitation does not apply to claims for damages by the customer based on injury to life, limb or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) As far as the liability of Die third hand is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 15 cancellation policy
(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier, the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of a Goods in several partial shipments or pieces) or, from the day the contract is concluded, in the case of digital content that is not delivered on a physical data carrier (e.g. CDs or DVDs), without giving reasons.
The withdrawal period for services is fourteen days from the day the contract is concluded.
In order to exercise your right of withdrawal, you must inform us:
The third hand
The third hand, Am Bahnhof 01, 15345 Altlandsberg
Phone: 033438 179866
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the sample cancellation form on our website for this or send us another clear statement. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email).
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired and for you to have sent the goods back via our online return center within the deadline defined below.
For additional information regarding the range, the content and explanations for exercising, please contact our customer service.
(3) Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
If you have requested that the services should begin during the cancellation period, you have to pay us a reasonable amount, which corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract Compared to the total scope of the services provided for in the contract.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You have the goods immediately and in any case no later than 14 days from the day on which you inform us of the cancellation of this contract
The third hand
The third hand, Am Bahnhof 01, 15345 Altlandsberg
Phone: 033438 179866
to be returned or handed over. The deadline is met if you send the goods before the period of 14 days has expired. You bear the direct costs of returning the goods.
(4) Exceptions to the right of withdrawal
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
The right of withdrawal does not exist or expires in the case of the following contracts:
for the delivery of goods which are unsuitable for return for reasons of health or hygiene and whose seal was removed after delivery or which, due to their nature, were inseparably mixed with other goods after delivery;
for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
for the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs
for the delivery of goods that can spoil quickly or whose use-by date would quickly be exceeded;
in the case of services, if the third party has provided them in full and you have taken note of and expressly consented to the fact that we can start providing the service and you lose your right of revocation once the contract has been fully fulfilled;
for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts; and
for the delivery of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
§ 16 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose use-by date would quickly be exceeded;
(2) The right of withdrawal expires prematurely in the case of contracts
for the delivery of sealed goods which are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature;
for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
§ 17 data protection
(1) Should personal data (e.g. name, address, email address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, a fault-free and trouble-free protection of the data of third parties cannot be fully guaranteed. Our liability is excluded in this regard.
(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given the data subjects prior written consent.
(4) You have the right at any time to receive information about the database concerning you from Die third hand free of charge.
(5) Furthermore, there is a right to correction / deletion of data / restriction of processing for the user.
(6) Further information on data protection can be found in the separate data protection declaration.
§ 18 cookies
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies; a banner is available to you to which you can object / accept.
(6) You can of course set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted. Instructions on how to prevent and delete cookies can be found in the help function of your browser or software manufacturer.
§ 19 Place of Jurisdiction and Applicable Law
(1) For differences of opinion and disputes on the occasion of this contract, the law of the Federal Republic of Germany applies exclusively, excluding the UN sales law.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§ 20 final provisions
(1) The contract language is German.
(2) We do not offer any products or services for sale to minors. Our products for children can only be purchased by adults. If you are under 18, you may only use the third hand with the assistance of a parent or legal guardian.
(3) If you violate these terms and conditions and we do not take action against this, we are still entitled to make use of our rights at any other opportunity in which you violate these terms of sale.
(4) We reserve the right to make changes to our website, rules and conditions, including these terms and conditions, at any time. The terms and conditions of sale, contractual conditions and general terms and conditions in force at the time of your order apply to your order, unless a change to these conditions is required by law or by official order (in this case they also apply to orders that You have previously done). If a regulation in these sales conditions is ineffective, void or unenforceable for any reason, this regulation is considered separable and does not affect the validity and enforceability of the remaining regulations.
(5) The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the ineffective provision.