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General Terms and Conditions Consumer

General Terms and Conditions of Thodacon GmbH for Deliveries to Consumers

1.        Scope of the Conditions

(1)      These General Terms and Conditions (hereinafter: GTC) shall only apply if the customer is a consumer within the meaning of § 13 BGB (German Civil Code). A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed activity.

(2)      Individual agreements with the customer, including ancillary agreements, supplements and amendments, shall in all cases take precedence over these GTC. Amendments must be declared in writing. The written form is maintained by the so-called text form (e-mails).

2.       Conclusion of Contract 

(1)      The contract is concluded after receipt of the order by the customer with our declaration of acceptance. The presentation of our products on the Internet does not constitute a binding offer to the customer. The customer  is bound to his offer (order) for two weeks, within this period we will decide on the acceptance of the offer. If we reject the customer's offer, for example because the goods are not available, no contract shall be concluded.

(2)      Notwithstanding this, the customer has the option to order the goods in our online store(

3.       Delivery Time

(1)      The basic delivery period stated on our homepage ( shall apply.

(2)      We will inform the customer about deviations from this delivery period in the order confirmation. If the delivery period expected by the customer according to the publications on our homepage deviates not insignificantly from the period stated in our order confirmation, we recommend the customer to make use of his legal right of revocation (cf. below No. 11.).

4.        Prices and Shipping Costs

(1)      The prices quoted in our online store shall apply ( The prices are gross prices including the statutory VAT plus costs for packaging and shipping.

 (2)     Packaging and shipping costs are also available in our online store (

 (3)     If we fulfill the order by partial deliveries, packaging and shipping costs shall only be incurred for the first partial delivery. This does not apply if we make several partial deliveries at the request of the customer: In that case, packaging and shipping costs shall              be incurred for each partial delivery.

5.       Terms of Payment, Set-Off, Right of Retention

(1)      The customer can pay the purchase price via PayPal or on account (only if stating the sales tax identification number). The invoice is payable within 30 days. In individual cases, we can request advance payment from certain customers in the order  confirmation.

(2)      The customer may only declare a set-off against our claim if his counterclaim is recognized by us or has been legally established. In addition, he shall be entitled to set-off if he asserts claims for defects or counterclaims arising from the same purchase contract. The same applies to the exercise of a right of retention.

6.        Retention of Title

   The delivered goods remain our property until full payment of the purchase price by the customer.

7.        Liability for Defects

(1)      The statutory provisions shall apply to liability for defects - both for material defects and for defects of title.

(2)      The customer is requested to inspect delivered goods for obvious transport damage and to complain directly to the deliverer and to inform us thereof. This does not imply any limitation of our statutory liability for defects.

8.       Liability

(1)      We shall be liable for contractual and non-contractual claims as well as for culpa in contrahendo in accordance with the statutory provisions.

(2)      We shall not be liable in the event of a slightly negligent breach of a contractual obligation which does not constitute an essential contractual obligation. Material contractual obligations are obligations the fulfillment of which is essential for the proper    performance of the contract and the observance of which the customer may rely on. Our liability in the event of a slightly negligent breach of material contractual obligations shall be limited to the typical and foreseeable damage.

(3)      In accordance with the statutory provisions and without limitation, we shall be liable for damages arising from injury to life, limb or health and in accordance with the Product Liability Act.

(4)      If we invoke a limitation of liability, the relevant facts must be proven by us.

9.       Copyrights

  All texts, images, graphics, logos, video and animation files on our website as well as their arrangements are protected by law, in particular by copyright, and may not be used without our express consent.

10.     Applicable Law

(1)     The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2)     If the customer has his habitual residence abroad at the time of the order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law.

11.     Right of Revocation

(1)     The customer has a right of revocation in accordance with the statutory provisions. The right of revocation is excluded in the legally regulated cases of § 312 g BGB (German Civil Code).

(2)     Cancellation policy 


Right of withdrawal

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, have taken possession of the goods.

To exercise your right of withdrawal, you must contact

Thodacon Werkzeugmaschinenschutz GmbH

Rosenheimer Str. 64A

83059 Kolbermoor

Managing Director: Vincent Vorpahl, Erwin Overgoor

Telephone: +49 (0) 8031 / 222 05 71

Fax: +49 (0) 8031 / 222 05 72


by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form, which is not mandatory. You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website. If you make use of this option, we will send you a confirmation of receipt of such revocation without delay (e.g. by e-mail).

In order 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 the revocation

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 at the latest 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 for 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 immediately 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 only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the condition, features and functioning of the goods.

End of the cancellation policy

12.    Dispute Resolution

The EU Commission has created an Internet platform for the online settlement of disputes between entrepreneurs and consumers. This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales contracts. More  information is available at the following link: We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.


Sample cancellation form

If you want to cancel the contract, please fill out this form and send it back to:


Thodacon GmbH

Rosenheimer Str. 64A

83059 Kolbemoor

Fax: +49 (0) 8031-2 22 05 72



I/We hereby revoke the contract concluded by me/us for the purchase of the following goods:




Ordered on:_____________

Received on: ____________

Your name:_______________

Your address:____________





Signature (only for communication on paper)






Date: February 2021