Customer Terms

Dealer terms

§ 9
Power of Revocation

Right of Revocation

You may revoke your declaration of agreement within two weeks without giving reason in writing (e.g. letter, fax, e-mail), quoting your customer number, or - if the item has been handed over to you prior to expiration of the period - by sending back the item. The period commences after receiving this statement in writing, however, not prior to arrival of the goods at the recipient (in case of repeated delivery of similar goods not prior to arrival of the first partial delivery) and not prior to fulfillment of our information obligations in accordance with section 246 article 2 in conjunction with article 1 clause 1 and 2 EGBGB [Introductory Act to the German Civil Code] as well as our duties in accordance with article 312e clause 1 sentence 1 BGB [German Civil Code] in conjunction with section 246 article 3 EGBGB. To comply with the revocation period it is sufficient to send in the revocation or the goods in time. Revocation shall be sent to:

   Time To Tease GmbH i.L.
    Goltzstraße 40 A
    10781 Berlin

    Fax: +49 30 236 310 41

    E-mail: widerruf@timetotease.net

Consequences of revocation

In the event of an effective revocation the performances received by both parties shall be returned and possibly made utilizations shall be surrendered. If you are not able to return the performance* you have received to us in full or in part, or only in a damaged state, you must possibly reimburse us for the reduction in value. This does not apply for the surrender of goods if the goods’ damage is caused only by its examination - such as would have been possible in the shop. Otherwise you may avoid the obligation to reimburse a reduction in value incurred by the intended start-up of the goods by not using the goods as if they were your property and by refraining from any action which may reduce their value. Goods that may be sent by a parcel service shall be returned at our risk. You shall bear the costs for sending it back if the delivered goods are equivalent to the one you ordered and if the price for the goods does not exceed an amount of 40 Euros or if, in case of a higher price of the goods, you did not pay the goods or did not make a partial payment as agreed in the contract at the time of revocation. Otherwise you can send it back free of charge. Goods that may not be sent by a parcel service will be picked up. Obligations to pay back payments must be complied with in 30 days. The term shall start for you with sending your power of revocation or of the goods, for us with their receipt.
End of declaration on the power of revocation.
Note:

The power of revocation does not apply to orders of goods manufactured according to customer specification or clearly are matching the personal needs or are not suited for being sent back due to their characteristics.

§ 10
Data protection

(1)   TIME TO TEASE is entitled to electronically save and process all data on the Buyer in connection with their business relationship for the purpose of executing the contract in compliance with the provisions of the German Federal Data Protection Law and the German Broadcast Media Act.

(2)   For security purposes the Buyer’s data is not accessible on the internet. Any Buyer is entitled to receive information on saved data, having them corrected, locked or deleted free of charge unless they are required to execute the contract. The application shall be sent to info@timetotease.net by e-mail or to time to tease GmbH, Goltzstraße 40 A, 10781 Berlin by mail.

(3)   TIME TO TEASE will not pass on personal data of the Buyer to third parties without their express consent which may be withdrawn any time. Excluded are service partners deployed by TIME TO TEASE for the purpose of executing the contract (e.g. third parties to settle payment, including but not limited to collection agencies, carriers).

§ 11
Place of jurisdiction, applicable law

(1)   If the Buyer is a businessman, the exclusive place of jurisdiction must be Berlin for all disputes arising from this contract. TIME TO TEASE remains entitled to bring or introduce a suit or other legal proceedings at the Buyer’s general place of jurisdiction.

(2)   Applicable law is German law excluding the United Nations Convention on Contracts for the International Sale of Goods even if the order is made from abroad.

(3)   Place of performance for all deliveries is the domicile of TIME TO TEASE.

§ 12
Partial ineffectiveness

If individual clauses of the GTC or parts of them turn out to be ineffective, the other clauses’ validity remains unaffected. Ineffective provisions shall be replaced by the legal provisions.

§ 13
Changes to the General Terms and Conditions

TIME TO TEASE reserves the right to change or renew these GTC at any time with effect for the future without being obligated to advise the Buyer of it. The relevant up-to-date version of the General Terms and Conditions shall be available on the internet site www.timetotease.net as of the date of its validity.

Dealer terms

General Terms and Conditions (GTC) of Time To Tease GmbH i.L.

Preamble

Operator of the website www.timetotease.net is Time To Tease GmbH (hereinafter “TIME TO TEASE”), Goltzstraße 40A, 10781 Berlin, Germany, represented by its managing director Tatjana Sprick with power of sole representation. On www.timetotease.net TIME TO TEASE offers products for sexual satisfaction for online order. Ordering the products on the website www.timetotease.net at the same time effects acceptance of the General Terms and Conditions of TIME TO TEASE as set down hereunder.

If and insofar as it is not set down otherwise in the GTC, the legal provisions are deemed agreed. TIME TO TEASE does not acknowledge provisions of the Buyer deviating from the GTC and/or the legal provisions agreed in accordance with sentence 1 unless TIME TO TEASE consents expressly to their validity in writing.

§ 1
Contract conclusion by ordering

(1)    The products’ presentation on the website www.timetotease.net is not a legally binding offer of TIME TO TEASE but a non-binding invitation to order the products from TIME TO TEASE.

(2)    By sending the completed product order form provided on the website www.timetotease.net the Buyer is submitting a binding offer to enter a sales contract with TIME TO TEASE. Confirmation of receipt of such order is made by automated e-mail immediately upon sending the product order form. If TIME TO TEASE wishes to accept the Buyer's offer, TIME TO TEASE sends a separate order confirmation to the Buyer by e-mail or ships the ordered product(s). Only upon the Buyer receiving the order confirmation of the ordered product(s) being shipped, a separate sales contract is concluded between the Buyer and TIME TO TEASE on the ordered product(s).

(3)    The purchase contract may only be concluded if the Buyer is 18 years of age.

(4)    The contract is concluded subject to timely and complete supply to TIME TO TEASE. This reservation does not apply in the event that TIME TO TEASE is responsible for not receiving the supply. If there are problems with supply to TIME TO TEASE, it shall immediately advise the Buyer of the ordered product(s) not being available. If and insofar as already made the payment shall be returned immediately.

§ 2
Prices, due date

(1)    The product prices given on the website www.timetotease.net are total prices. They include incurred legal tax, including but not limited to VAT. They do not include the shipping costs to be paid by the Buyer (article 5 clause 1).

(2)    Payment is made by advance payment, direct debit, money transfer, credit card or cash on delivery at the Buyer’s discretion. Fees for cash on delivery or possible return direct debit shall be borne by the Buyer. Payment by cash on delivery is possible within Germany only. TIME TO TEASE reserves the right to exclude individual means of payment in individual cases.

(3)    The purchase price shall be due immediately on conclusion of the contract without any deductions.

(4)    Withdrawal in case of payments by direct debit shall be made within five business days as of conclusion of the contract. In case of payment by credit card the withdrawal is made after the ordered product(s) has/have been shipped.

(5)    Payments to be made by money transfer shall be made to the account indicated by TIME TO TEASE immediately upon conclusion of the contract. If a money transfer upon receipt of an invoice has been agreed the outstanding invoice amount shall be paid within 10 days. Cash on delivery payments shall be made at delivery of the ordered product(s). In case of prepayments the Buyer undertakes to promptly pay the purchase price after conclusion of the contract.

(6)    TIME TO TEASE reserves the right to suspend shipment of the ordered product(s) until the purchase price due has been received on the account indicated by TIME TO TEASE.

(7)    After occurrence of default a lump fee of 5 Euros for reminders is charged for each reminder excluding the one establishing the default. There is no claim to payment of the given amount of the fee if the Buyer is able to prove that no damage has occurred or that the damage is significantly lower than the fee. The claims set down hereafter in article 3 and article 4 shall remain unaffected.

§ 3
Plea of Uncertainty

If it becomes clear after conclusion of the contract that the claim on payment of the purchase price is at risk due to insufficient capability of the Buyer, TIME TO TEASE may refuse supply of the ordered product(s) until the payment has been made or a guarantee has been provided. TIME TO TEASE reserves the right to withdraw from the contract pursuant to articles 321 clause 2, 323 BGB even if the ordered product(s) has/have been delivered to the Buyer already.

§ 4
Winding up payment by third parties; cession to collection agency

(1)    TIME TO TEASE is entitled to employ trustworthy third parties in settling payment. TIME TO TEASE’s rights include but are not limited to ceding its claims to a collection agency or other third parties in the event of the Buyer falling into arrears. TIME TO TEASE may transfer personal data required for settlement of the payment to third parties. In the event that third parties are employed to settle the payment, it only is deemed made for TIME TO TEASE if the amount has been provided to the third party in accordance with the contract so that the third party may dispose of it without any limitations.

(2)    If the means of payment chosen by the Buyer does not have success despite being executed on TIME TO TEASE’s part in accordance with the contract, including but not limited to withdrawal from the Buyer’s account being impossible due to the account not having enough cover or due to false data being given, TIME TO TEASE shall commission third parties with settlement. The Buyer shall reimburse TIME TO TEASE for additional costs accrued by this.

§ 5
Delivery and shipment of ordered products

(1)    TIME TO TEASE shall choose a carrier. The Buyer’s share in handling, packaging and shipping costs depends on the order amount and the place it is delivered to. Shipping prices can be viewed on www.timetotease.net.

(2)    The ordered product(s) usually is/are shipped within 5 business days after receiving the order or after receiving the payment of the purchase price due to the account TIME TO TEASE indicated for payment. If, for once, this is not the case, TIME TO TEASE shall immediately notify the Buyer in writing (article 126 b BGB, e.g. letter, fax, e-mail). The Buyer then is entitled to withdraw from the contract which they must do immediately in writing.

(3)    Claims of the Buyer for damages due to delay of the delivery (articles 280 clause 2, 286 BGB) are excluded on principle unless TIME TO TEASE is responsible for the delay due to malicious intent or gross negligence.

(4)    TIME TO TEASE is entitled to do partial deliveries if the Buyer has agreed to them after prior notification by TIME TO TEASE. In case of partial delivery TIME TO TEASE shall bear additional handling, packaging and shipping costs so that no further costs are incurred by the Buyer.

§ 6
Reservation of title

TIME TO TEASE reserves title to the delivered products until full payment of the purchase price.

§ 7
Claims for defects

(1)    Only the information given in the order confirmation shall be crucial concerning the type and volume of the delivery unless they are deviating more than insignificantly from the product information given on the website www.timetotease.net. TIME TO TEASE does not accept any responsibility for the conformity with information, drawings, figures, descriptions of composition, weight, measure or performance available on the platform www.timetotease.net or included in brochures, catalogues, advertisements or price lists attributable to TIME TO TEASE. They are intended for information only.

(2)    Defects attributable to natural wear and tear, improper use or lack of or improper maintenance are excluded from warranty.

(3)    If and insofar as a warranty defect is present, the Buyer is entitled to legal defect claims.

(4)    In the event of a justified return due to asserting a claim for defects and submission of a shipping or other voucher, TIME TO TEASE shall reimburse the Buyer for the shipping cost. The Buyer undertakes to choose a method of shipping avoiding unnecessary costs. The shipping costs shall be advanced by the Buyer for the time being and shall be reimbursed by TIME TO TEASE afterwards at the Buyer submitting the original shipping voucher.

§ 8
Limitation of liability

(1)    TIME TO TEASE only is liable for damages other than those caused by injury of life, body and health insofar as they are due to wilful or grossly negligent acts or culpable breach of a significant contractual obligation by TIME TO TEASE or its vicarious agents. Further liability for compensation of damages is excluded. Provisions of the German Product Liability Act shall remain unaffected.

(2)    Data communication via the internet may not be warranted to be error-free and/or available at all times at the current state of the art. Therefore TIME TO TEASE is not liable for constant and uninterrupted availability of the website www.timetotease.net.

(3)    TIME TO TEASE is not liable for the consequences of force majeure, including orders by authorities TIME TO TEASE or its suppliers may be affected by.

(4)    Any liability for the content of other websites referred to in links is excluded. TIME TO TEASE expressly disassociates itself from all contents of external websites and expressly does not embrace such contents.

§ 9
Power of Revocation

Right of Revocation

You may revoke your declaration of agreement within two weeks without giving reason in writing (e.g. letter, fax, e-mail), quoting your customer number, or - if the item has been handed over to you prior to expiration of the period - by sending back the item. The period commences after receiving this statement in writing, however, not prior to arrival of the goods at the recipient (in case of repeated delivery of similar goods not prior to arrival of the first partial delivery) and not prior to fulfillment of our statutory information obligations in accordance with article 312 c clause 2 BGB in conjunction with article 1 clause 1, 2 and 4 BGB-InfoV [German by-law on information obligations] and our duties in accordance with article 312 e clause 1 sentence 1 BGB in conjunction with article 3 BGB-InfoV. To comply with the revocation period it is sufficient to send in the revocation or the goods in time. Revocation shall be sent to:

    Time To Tease GmbH i.L.
    Goltzstraße 40 A
    10781 Berlin

    Fax: +49 30 236 310 41

    E-mail: widerruf@timetotease.net

Consequences of revocation

In the event of an effective revocation the performances received by both parties shall be returned and possibly made utilizations shall be surrendered. If this power of revocation was available to you in writing at contract conclusion or was handed in immediately after that and you are not able to return the performance you have received to us in full or in part, or only in a damaged state, you must possibly reimburse us for the reduction in value. This does not apply for the surrender of goods if the goods’ damage is caused only by its examination - such as would have been possible in the shop. Otherwise you may avoid the obligation to reimburse a reduction in value incurred by the intended start-up of the goods by not using the goods as if they were your property and by refraining from any action which may reduce their value. Goods that may be sent by a parcel service shall be returned at our risk. You shall bear the costs for sending it back if the delivered goods are equivalent to the one you ordered and if the price for the goods does not exceed an amount of 40 Euros or if, in case of a higher price of the goods, you did not pay the goods or did not make a partial payment as agreed in the contract at the time of revocation. Otherwise you can send it back free of charge. Goods that may not be sent by a parcel service will be picked up. Obligations to pay back payments must be complied with in 30 days. The term shall start for you with sending your power of revocation or of the goods, for us with their receipt.
End of declaration on the power of revocation.
Note:

The power of revocation does not apply to orders of goods manufactured according to customer specification or clearly are matching the personal needs or are not suited for being sent back due to their characteristics.

§ 10
Data protection

(1)    TIME TO TEASE is entitled to electronically save and process all data on the Buyer in connection with their business relationship for the purpose of executing the contract in compliance with the provisions of the German Federal Data Protection Law and the German Broadcast Media Act.

(2)    For security purposes the Buyer’s data is not accessible on the internet. Any Buyer is entitled to receive information on saved data, having them corrected, locked or deleted free of charge unless they are required to execute the contract. The application shall be sent to info@timetotease.net by e-mail or to time to tease GmbH, Goltzstraße 40 A, 10781 Berlin by mail.

(3)    TIME TO TEASE will not pass on personal data of the Buyer to third parties without their express consent which may be withdrawn any time. Excluded are service partners deployed by TIME TO TEASE for the purpose of executing the contract (e.g. third parties to settle payment, including but not limited to collection agencies, carriers).

§ 11
Place of jurisdiction, applicable law

(1)    If the Buyer is a businessman, the exclusive place of jurisdiction must be Berlin for all disputes arising from this contract. TIME TO TEASE remains entitled to bring or introduce a suit or other legal proceedings at the Buyer’s general place of jurisdiction.

(2)    Applicable law is German law excluding the United Nations Convention on Contracts for the International Sale of Goods even if the order is made from abroad.

(3)    Place of performance for all deliveries is the domicile of TIME TO TEASE.

§ 12
Partial ineffectiveness

If individual clauses of the GTC or parts of them turn out to be ineffective, the other clauses’ validity remains unaffected. Ineffective provisions shall be replaced by the legal provisions.

§ 13
Changes to the General Terms and Conditions

TIME TO TEASE reserves the right to change or renew these GTC at any time with effect for the future without being obligated to advise the Buyer of it. The relevant up-to-date version of the General Terms and Conditions shall be available on the internet site www.timetotease.net as of the date of its validity.