These terms are intended for B2B transactions only. They should be reviewed and approved by legal counsel before publication.
1. Scope and Contracting Party
These General Terms and Conditions apply to all business relationships between
TPA Retail - Thomas Burchardt, Hans-Sachs-Strasse 12, 40721 Hilden, Germany,
and its customers.
The offer of TPA Retail is directed exclusively at entrepreneurs, companies, merchants,
legal entities under public law and special funds under public law. Consumers are not permitted
to place orders through the B2B platform.
Deviating, conflicting or supplementary terms and conditions of the customer shall not become
part of the contract unless TPA Retail expressly agrees to their validity in writing.
2. Registration and Customer Account
Access to prices, stock information and ordering functions may require a verified B2B customer account.
TPA Retail reserves the right to review registrations and to approve, reject, restrict or deactivate
accounts at its reasonable discretion.
Customers are responsible for keeping their login credentials confidential and for ensuring that all
information provided during registration and ordering is accurate and up to date.
3. Offers, Orders and Conclusion of Contract
Product presentations, prices and stock information on the website do not constitute a binding offer
unless expressly stated otherwise. They are an invitation to submit an order.
A contract is concluded only upon confirmation by TPA Retail or upon dispatch of the goods.
TPA Retail may reject orders, especially in cases of incorrect pricing, unavailable stock,
suspected misuse or incomplete customer information.
4. Prices, Taxes and Payment
Unless otherwise stated, prices are net prices and do not include statutory VAT, shipping costs,
customs duties, import duties or other charges.
For customers outside Germany, VAT treatment depends on the customer status, delivery country,
VAT identification details and applicable tax rules.
Payment terms, payment methods and credit limits may be defined individually. TPA Retail reserves
the right to deliver only against prepayment or secured payment methods.
5. Delivery, Availability and Transfer of Risk
Delivery times and stock quantities are non-binding unless expressly confirmed as binding.
Partial deliveries are permitted where reasonable for the customer.
In B2B transactions, the risk of accidental loss or deterioration of the goods passes to the customer
upon handover to the carrier, freight forwarder or other transport person.
6. Retention of Title
Delivered goods remain the property of TPA Retail until full payment of all claims arising from the
respective business relationship.
The customer may resell goods in the ordinary course of business, provided that claims arising from
such resale are assigned to TPA Retail to the extent permitted by law.
7. Inspection Duties and Defects
The customer shall inspect delivered goods immediately upon receipt. Obvious defects, incorrect deliveries
or transport damage must be reported without undue delay.
Commercial inspection and notification obligations remain unaffected. If the customer fails to notify
defects in due time, the goods shall be deemed approved to the extent permitted by law.
8. Product Safety, GPSR and Resale Obligations
TPA Retail supports compliance with applicable European product safety requirements, including the
General Product Safety Regulation where applicable.
- Products are intended for professional resale and B2B distribution.
- The customer must observe all product labels, manufacturer information, safety instructions and usage notices.
- The customer is responsible for compliance with product safety, labelling, language and market-specific obligations in its resale territory.
- Where required, the customer must cooperate in traceability, recall, withdrawal or safety-related measures.
- Products must not be altered, relabelled or repackaged in a way that may affect product safety or regulatory compliance.
9. Liability
TPA Retail shall be liable without limitation for intent, gross negligence, injury to life, body or health
and where mandatory statutory liability applies.
In cases of slight negligence, liability shall be limited to foreseeable, contract-typical damages
resulting from the breach of essential contractual obligations. Further liability is excluded to the
extent permitted by law.
10. Intellectual Property and Brand Rights
Product images, trademarks, logos, brand names and descriptions may be protected by intellectual property
rights of TPA Retail, manufacturers or third parties.
The use of such materials is permitted only within the scope necessary for lawful resale and only where
no rights of TPA Retail or third parties are infringed.
11. Data Protection
Information on the processing of personal data can be found in our Privacy Policy.
12. Applicable Law and Place of Jurisdiction
These Terms and Conditions and all contractual relationships shall be governed by the laws of the
Federal Republic of Germany, excluding conflict of law provisions.
If the customer is a merchant, legal entity under public law or special fund under public law,
the place of jurisdiction shall be the competent court for the registered place of business of TPA Retail,
to the extent legally permissible.
13. Final Provisions
If individual provisions of these Terms and Conditions are or become invalid, the validity of the remaining
provisions shall remain unaffected.
TPA Retail reserves the right to amend these Terms and Conditions for future transactions where necessary.
