Table of Contents
3 Formation of Contract
5 Delivery, Forwarding Expenses
6 Reservation of title, Rescission of Contract
7 Due date and payment
10 Warranty and liability
12 Privacy, Copyright, Trademarks
13 Final provisions
These General Terms of Business (GTB) are applicable to business relations between TePe Oral Hygiene Products Limited (hereinafter: TEPE) and consumers or businesses (hereinafter “Customer” or “Customers”) in the latest version that is available when you open the website or order products with respect to the products displayed by TEPE in the online shop.
These GTB may apply to contracts concerning products (goods or services) provided in the form of either a one-time delivery.
A “consumer” for the purposes of these GTB means any individual who enters into legally binding transactions for purposes that are not primarily commercial and/or attributable to independent business activities. A “business” for the purposes of these GTB means an individual or legal entity or partnership with legal personality that enters into a legally binding transaction in the exercise of commercial or independent business activities.
Orders and deliveries are possible only within the UK. Orders may be placed exclusively by residents of the UK who are at least 18 years of age or have obtained the signature of their legal representative.
Exclusively these General Terms of Business are applicable. TEPE will not recognize any of the Customer’s terms of business that contradict and/or differ from the present Terms of Business unless TEPE expressly consents to such terms in writing in the specific case.
Multiple registrations under different names or addresses is prohibited.
TEPE may revoke its authorization at any time without stating any reasons. In that case, TEPE is entitled to block and delete the username and associated password immediately.
3) Formation of Contract
The presentation of the TEPE product range in the Online Shop does not constitute an offer to enter into a purchase agreement with the Customer. It is not binding.
By clicking on the “Buy now” button, the Customer makes a binding offer to buy.
By placing an order with TEPE on the internet (Online Shop), by e-mail, telephone, fax or other channel of communication, the Customer makes an offer to enter into a binding purchase agreement with TEPE. The Customer will receive a confirmation of receipt of the order (“Confirmation of Receipt of Order”). That confirmation does not constitute acceptance of the offer but merely informs the Customer that TEPE has received the order. TEPE will inform the Customer of any errors in the information about the product range on the website and make the Customer a corresponding counter-offer where appropriate.
The contract with TEPE is formed when TEPE expressly accepts the Customer’s offer (“Order Confirmation”) or when TEPE sends the product ordered to the Customer.
TEPE’s acceptance is subject to the legality of the order and the availability of the ordered goods or services. If TEPE cannot accept the Customer’s order the Customer will receive a notice of unavailability instead of acceptance of the order. Products that cannot be delivered temporarily will be reserved for the Customer and the Customer’s order shall remain valid.
The prices in effect at the time of purchase and placement of the order in Pounds Sterling (GBP) shall apply to the purchase and ordering of goods and services. We reserve the right to price changes.
Price changes are possible, in which case the price in effect at the time of placement of the order shall be applicable.
All prices contain Value Added Tax (VAT) at the legal rate.
The prices do not include additional forwarding expenses (arising between TEPE and the Customer).
5) Delivery, Forwarding Expenses
TEPE shall deliver the goods ordered as quickly as possible to the address given by the Customer in the order or (if PayPal is selected as the payment method) to the address of record at PayPal. TEPE is entitled to deliver goods or perform services in more than one instalment to the extent reasonable for the Customer. Whenever TEPE makes deliveries in several instalments, TEPE shall assume any extra postage costs.
The delivery shall be made according to the forwarding expenses stated in the specific case.
The delivery time within the UK is usually within 7 working days. Information provided about the estimated delivery time is not binding. Please note that due to Covid-19, some customers have reported delays with Royal Mail deliveries.
6) Reservation of title, Rescission of Contract
TEPE reserves title to all the goods delivered until payment in full.
If the Customer breaches the contract, particularly by failing to meet the payment obligations despite receiving a reminder from TEPE, TEPE may rescind the contract, after setting a reasonable grace period, and demand the return of the goods to which TEPE still retains title. The recovery or attachment of the goods by TEPE constitutes rescission of the contract. Any resulting forwarding expenses incurred shall be borne by the Customer. TEPE is authorized to sell the goods after recovery.
TEPE reserves the right to refrain from entering into a contract in case of the negative outcome of a credit check.
7) Due date and payment
In the ordering process, TEPE accepts only the payment methods displayed to the Customer (in the Online Shop). TEPE reserves the right to agree with its Customers in writing to payment methods other than those mentioned in this section.
For payment processing via the Online Shop, TEPE uses the payment solution PayPal, in order to allow the Customer safe and secure payment by credit and debit card or possible alternative means of payment.
The purchase price and any forwarding expenses are due and payable upon formation of the contract
TEPE may demand without stating any reasons cash in advance. The order will be processed after receipt of payment.
Customers are entitled to cancel their declaration of consent to enter into the agreement, without stating any reasons, by returning the goods to TEPE within no more than 30 days after receipt of the goods. In addition, any notice of cancellation must be given by the Customer in writing within the same time limit (e.g., by letter, e-mail, fax), counting from the date of dispatch. In order for the Customer to meet the time limit for cancellation, it suffices to dispatch the goods within the time limit. Written notice of cancellation must be sent by letter to the address specified on the website or by e-mail to firstname.lastname@example.org. The Customer shall bear the burden of proof of having dispatched the goods to be returned.
In case of effective cancellation or rescission of the contract, both parties shall provide restitution for any goods or payments already received. If the goods received by the Customer can only be returned in damaged condition, the Customer shall compensate TEPE for the loss in value.
The Customer shall bear the costs and risks of return, unless the goods delivered do not match the order.
TEPE will exercise its right to withhold any refund until the goods have been returned in full.
in case of exclusion of cancellation and return, the Customer shall bear the costs of return shipment to the Customer in case of returning the goods to us.
9) Warranty and liability
If the delivered goods are defective at the time of the passage of risk, (e.g., manufacturing defects), or in case of incorrect delivery, the Customer is exclusively entitled to the right of subsequent repair or exchange (replacement). If the replacement is unsatisfactory, the Customer is entitled to cancel the purchase. The claim shall lapse if the Customer fails to give TEPE notice of the defect or improper delivery within 14 days after receipt of the goods by e-mail email@example.com, by telephone, fax or post.
TEPE’s liability is subject to the applicable statutory provisions. TEPE’s liability is excluded in cases (i) of ordinary negligence, (ii) indirect and consequential damages and lost profit, (iii) unrealized savings, (iv) losses from late delivery, and (v) any actions or omissions by TEPE’s vicarious agents, whether based in contract or in tort.
Moreover, TEPE shall not be liable for loss or damage attributable to any of the following causes:
- storage, configuration or use of the products in a manner that it is improper, contrary to the contract or illegal;
- use of incompatible spare parts or accessories (e.g., power supply);
- omission of servicing and/or improper modification or repair of the products by the Customer or by a third party;
- official orders or cases of force majeure, particularly damage caused by natural disasters, moisture, falls and impacts, etc., beyond TEPE’s control.
Any service provider hired to supply goods or provide services shall be liable for any resulting defects, delayed performance and loss or damage arising from the service provider’s performance.
TEPE shall not be held liable for any misprints in advertising materials, data errors in the Online Shop, incorrect price tags, errors in product illustrations, photographs, descriptions or other texts, e.g., in coupon or discount campaigns, or late or omitted deliveries.
Offeror and contract partner for the offers on this websites:
TePe Oral Hygiene Products Limited, Eklund House, 6 Cathedral Avenue, Wells, BA5 1FD, Tel. 01749 608800
11) Privacy, Copyright, Trademarks
All rights to trademarks, images and copyrights [for the relevant products] are held by TEPE or its partners. Downloading, storage, copying, printing of data, images and PDF files, even in excerpts, is prohibited without TEPE’s written approval. All rights reserved. Any use by the Customer for purposes other than the intended use of the relevant product is prohibited.
12) Final provisions
All legal relationships between the Customer and TEPE are subject to English law.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of this Agreement.
If any individual provisions of these GTB, including the present clause, is or becomes inoperative in whole or in part, or if an omission is found in these terms and conditions, then the validity of the rest of the GTB shall not be affected thereby. The inoperative or missing provisions shall be replaced by the applicable statutory provisions or, in the absence thereof, by such provisions as reflect the meaning and purpose of the inoperative provision.