General terms and conditions for the online store TipTopWallet.com
(1) These terms and conditions apply to all contracts, deliveries and other services of the sole proprietorship S.Kaffl-Marketing, Frühlingstr. 8, 83607 Holzkirchen (hereinafter: “Seller”), regarding the online store https://tiptopwallet.com and all sub-domains belonging to the domain. Deviating regulations of the customers do not apply, unless the seller has confirmed this in writing. Individual agreements between the seller and the customers always have priority.
(2) The business relations between the Seller and the Customers shall be governed by the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The application of UN sales law is excluded.
(3) The language of the contract is English.
(4) The place of jurisdiction is Munich (Germany), if the customer is a merchant or a legal entity under public law or a special fund under public law. The same shall apply if a customer does not have a general place of jurisdiction in Germany or if the customer’s place of residence or habitual abode is unknown at the time the action is brought.
(5) We deliver to the countries, which are published at https://tiptopwallet.com/shipping.
(6) Customers have the option to use an alternative dispute resolution. The following link of the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online purchase contracts: ec.europa.eu/consumers/odr.
§2 Content of the Contract and Conclusion of the Contract
(1) The Seller offers new goods, especially Deep Cold Crypto Wallets and accessories, for purchase to the Customers in the online store https://tiptopwallet.com/shop.
(2) When purchasing in the online store, a purchase contract is concluded by the acceptance of the Customer’s order by the Seller. Price markings in the online store do not constitute an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by email.
The customer also has the option to inquire by email with the seller about a specific item. After receipt of such a request, the seller submits a corresponding offer to the customer by email. A contract is only concluded when the customer accepts this offer.
(3) The text of the contract is stored. The buyer can access the contract text under tiptopwallet.com/account or tiptopwallet.com/terms-conditions.
§3 Prices, shipping costs, sales tax and payment
(1) For orders placed via the online store, the prices stated there shall apply. All prices include the statutory sales tax.
(2) The prices do not include shipping and packaging costs, which will be announced to the customer before the order is placed.
The amount of the shipping costs depends on the weight and the dimensions of the goods as well as on the desired destination: see tiptopwallet.com/shipping.
(3) The delivery of the customers by the seller takes place according to the wishes of the customer against the following payment methods: Prepayment (PayPal, credit card, Sofort, Giropay) or another payment method, which are listed on tiptopwallet.com/payment-methods or by agreement also by bank transfer. After agreement also a delivery on account is reserved.
If the customer chooses prepayment by bank transfer, the payment is due at the latest 7 calendar days after conclusion of the contract.
In the case of delivery on account, payment shall be due no later than 7 calendar days after invoicing.
(4) If a customer is in default with his payment obligations, the seller may claim damages according to the statutory provisions and / or withdraw from the contract.
(5) The Seller shall always issue an invoice to the Customer, which shall be handed over to the Customer upon delivery of the goods or otherwise received in text form.
§4 Delivery and transfer of risk
(1) Unless otherwise contractually agreed, the ordered goods shall be delivered to the address specified by the customer. The delivery is made directly from the manufacturer.
(2) The availability of the individual goods is indicated in the item descriptions. Goods available in stock will be shipped by the seller within 7 working days after the instruction of payment (in case of prepayment by bank transfer: within 7 working days after receipt of payment), unless expressly agreed otherwise. If, in the case of a sale via the online store, the goods are marked as not being in stock, the seller shall endeavor to deliver as quickly as possible. Information provided by the seller on the delivery period is non-binding, unless the delivery date has been bindingly promised by the seller in exceptional cases.
(3) The Seller reserves the right to make a partial delivery, provided that this appears to be advantageous for a speedy processing and the partial delivery is not exceptionally unreasonable for the Customer. Additional costs arising from partial deliveries will not be charged to the customer.
(4) The Seller reserves the right to withdraw from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is not made in whole or in part. This reservation of self-delivery shall only apply if the Seller is not responsible for the failure to deliver. The Seller shall not be responsible for the non-delivery if a so-called congruent hedging transaction has been concluded with the supplier in due time to fulfill the contractual obligations. If the goods are not delivered, the seller will immediately inform the customer of this circumstance and refund any purchase price already paid as well as shipping costs.
The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.
§5 Retention of title
The delivered goods shall remain the property of the Seller until all claims arising from the contract have been fulfilled; in the event that the Customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until all claims to which the Seller is entitled in connection with the contract have been settled.
§6 Right of retention
The customer shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§7 Liability for material defects and defects of title
(1) Insofar as defects exist, the customer shall be entitled to the statutory warranty rights in accordance with the following provisions.
If only merchants are involved in the contract, §§ 377 ff. HGB (German Commercial Code) shall apply.
(2) Damage caused by improper actions of the Customer during installation, connection, operation or storage of the goods shall not constitute a warranty claim against the Seller.
The customer can find instructions for proper handling in the manufacturer’s descriptions.
(3) Goods of the Seller are mainly used to store private keys for crypto wallets. A protection of the private key is physically conditioned not fully given and guidance on the scope of functions and restrictions can be taken from the manufacturer’s descriptions. A responsible and professional handling of private keys in general and the goods of the seller in particular by the customer or user is indispensable. This includes in particular the creation of a sufficient number of backups of the private key including the storage at different, secure locations in suitable storage media.
A pecuniary loss resulting from the loss of a private key due to destruction, defect or loss of one of the Seller’s goods can therefore not constitute a claim for pecuniary loss.
(3) Defects shall be notified to the Seller by the Customer within a warranty period of two years for new items or one year for used items.
If the customer is an entrepreneur, the warranty period for new items is one year. In the case of used items, the warranty against entrepreneurs is excluded.
The above limitations of liability shall not apply if the Seller has fraudulently concealed a defect or has given a guarantee for the quality of the goods, and shall not apply to claims for damages by the Customer which are directed towards compensation for physical injury or damage to health due to a defect for which the Seller is responsible or which are based on intentional or grossly negligent fault on the part of the Seller or his vicarious agents.
(4) If defects exist and were asserted in due time, the Seller shall be entitled to subsequent performance. If the subsequent performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. In all other respects, the statutory provisions shall apply.
§8 Duty to provide information in the event of transport damage
If goods are delivered with obvious damage to the packaging or contents, the customer should immediately complain to the carrier/freight service without prejudice to his warranty rights (§7) and immediately contact the seller by email or other means (email) so that the seller can protect any rights against the carrier/freight service.
§9 Exclusion of liability
(1) Apart from the liability for material defects and defects of title, the Seller shall be liable without limitation to the extent that the cause of damage is based on intent or gross negligence. He shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach endangers the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than the aforementioned.
(2) The limitations of liability of the preceding paragraph shall not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
(3) If the Seller’s liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us S.Kaffl-Marketing, Frühlingstr. 8, 83607 Holzkirchen, firstname.lastname@example.org by means of a clear declaration (e.g. by email) of your decision to withdraw from this contract. For this purpose, you can use the enclosed sample revocation form, which is, however, not mandatory.
You can also fill out and submit the sample revocation form or another clear declaration electronically on our website tiptopwallet.com. If you make use of this option, we will immediately send you (e.g. by email) a confirmation of receipt of such revocation.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of cancellation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You will 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 for checking the condition, properties and functioning of the goods.
If you want to revoke the contract, please fill out this form and send it back to us:
To S.Kaffl-Marketing – TipTopWallet, Frühlingstr. 8, 83607 Holzkirchen, email@example.com:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*) ……………………………….
Ordered on (*)/ received on (*) ………………….
Name of the consumer(s) ………………………
Address of the consumer(s) ………………………
Signature of consumer(s) (only in case of paper communication) ………………………
……………………… (*) Delete where not applicable.