OVERVIEW
This website is operated by Tentickle Germany. Throughout the site, the terms "we", "us" and "our" refer to Tentickle Germany. Tentickle Germany offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms and conditions, policies, and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these terms and conditions. Any new features or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page frequently for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1 – ONLINE SHOP TERMS AND CONDITIONS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or other code of a destructive nature.
Any breach or failure to comply with any of the Terms will result in immediate termination of your Services.
2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.
3 – ACCURACY, COMPLETENESS AND TIMELINESS OF THE INFORMATION
We are not responsible for the accuracy, completeness, or timeliness of the information provided on this site. The materials on this site are provided for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Reliance on the materials on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your information only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
4 – CHANGES TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.
5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our refund policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer.
All product descriptions and product pricing are subject to change without notice and at our sole discretion. We reserve the right to discontinue production of any product at any time. Any offer for any product or service made on this site is void unless prohibited by law.
We make no warranty that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you via email and/or to the billing address/phone number you provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools 'as is' and 'as available' without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Your use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the site (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
8 – THIRD-PARTY LINKS
Certain content, products and services available through our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without such a request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall remain under no obligation (1) to maintain comments in confidence, (2) to pay compensation for comments, or (3) to respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate any person, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We assume no responsibility or liability for any comments posted by you or any third-party.
10 – PERSONAL DATA
Your submission of personal information through the store is subject to our Privacy Policy.
11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to violate or infringe on our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to make any false or misleading statements; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, spoof, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or of any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for any prohibited use according to the Terms.
13 – DISCLAIMER OF LIABILITY; LIMITATION OF LIABILITY
We make no guarantees or warranties that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is entirely at your own risk. The service and all products and services delivered to you through the service are (unless expressly stated otherwise by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Tentickle Germany, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if been advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
14 – COMPENSATION
You agree to indemnify and hold harmless Tentickle Germany and our parent, subsidiaries, affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand made by any third-party, including reasonable attorneys' fees, due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15 – SEVERABILITY CLAUSE
If any provision of these Terms and Conditions is determined to be unlawful, invalid, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Service are effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
In addition, if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we may terminate this agreement at any time without notice. In this case, you will remain liable for all amounts due up to and including the date of termination; and/or we may accordingly deny you access to our Services (or any part thereof).
17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these general terms and conditions shall not be interpreted to the detriment of the drafting party.
18 – APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany.
19 – CHANGES TO THE GENERAL TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website frequently for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
20 – CONTACT INFORMATION
Bach Sun Protection GmbH
Managing Director: André Bach
Fire 74
91729 Haundorf
Germany
Landline: 09837-978089
(Mon. – Fri. from 9:00 am – 4:00 pm and by appointment)
Mail: info@tentickle.de
Web: www.tentickle.de
Register court: Ansbach District Court HRB 4245
VAT ID No. DE252400495
General terms and conditions of business
General terms and conditions of sale, delivery, rental and installation
General
These general terms and conditions apply to all current and future contracts between the contracting parties. The buyer's purchasing conditions do not apply, even if Tentickle Germany does not expressly object in individual cases. Silence in response to legal declarations by the customer never constitutes consent. Even the invalidity of one of our terms and conditions of sale and delivery does not affect the validity of the remaining contract.
2. Conclusion of contract
Our offers are subject to change without notice. All agreements and additions must be made in writing. Changes can only be considered after the contract has been concluded against payment of the additional costs. The contract is concluded subject to timely and correct delivery by our supplier. Should this not be the case, the customer will be informed immediately and the consideration will be refunded.
3. Remuneration
The prices quoted are ex warehouse, excluding packaging, which will be billed separately. All prices quoted are payable without discounts or other deductions and are subject to VAT. Orders are processed after 50% of the total amount has been credited to our account; the remaining amount is due within 7 days of receipt of delivery. If the customer defaults on payment, the contractor is entitled to charge default interest at a rate of 4% above the current Bundesbank discount rate, starting from the receipt of the second reminder. The customer will be charged €10.00 for each subsequent reminder required. Checks and bills of exchange are only accepted as payment, and all collection and discount fees will be charged.
4. Delivery
Upon delivery of the goods by Tentickle Germany to the buyer or a transport company, or upon leaving the warehouse, liability passes to the buyer. The buyer is responsible for unloading and all associated costs.
Delivery periods shall be extended by a reasonable amount, but no longer than four weeks plus the grace period, in the event of disruptions to production due to unforeseeable events beyond the control of the buyer and seller; these include, for example, production interruptions or force majeure.
If Tentickle Germany defaults on delivery, the buyer may only withdraw from the contract after expiration of a reasonable grace period set by the buyer. This must be notified in writing. The grace period for delivery is at least 14 working days. After expiration of the grace period, the buyer may withdraw from the contract, excluding any claims for damages.
5. Retention of title
We retain ownership of the goods until the purchase price has been paid in full. The customer undertakes to treat the goods with care. The customer is responsible for any inspection, maintenance, and cleaning work carried out at his own expense. We are entitled to withdraw from the contract and demand the return of the goods in the event of a breach of contract or late payment .
6. Assembly
The assembly, disassembly, and modification of Tentickle tents is carried out exclusively by qualified personnel trained and instructed by Tentickle Germany. Tentickle Germany assumes no liability for damage caused by modifications or installations carried out by third parties without prior agreement with us.
7. Defects
The warranty period for tent fabrics is 12 months, and for all accessories, 24 months. Complaints regarding material defects, incorrect deliveries, and quantity discrepancies, if detectable through inspection, must be reported to us in writing immediately upon receipt of the goods. Hidden defects must be reported to us in writing and with appropriate photographic documentation within the same period after discovery, otherwise the delivered item will be deemed approved. Minor deviations in quality, color, surface area, weight, and equipment cannot be objected to and are not considered defects. We assume no liability for damage resulting from natural wear and tear, improper use, or unprofessional assembly. Furthermore, we assume no liability for damage caused by vandalism, fire, hail, or storms.
If a complaint is justified, we will offer repair or replacement. Should this fail, a price reduction may be agreed upon. In the event of a warranty obligation, the purchaser must give Tentickle the opportunity to repair, replace, or modify the product and grant us a reasonable time to do so. Claims for damages and lost profits are excluded. Any modifications or repairs performed by the customer will void the warranty.
8. Limitation of liability
Tentickle Germany is only liable for breaches of contractual or non-contractual obligations in cases of intent and gross negligence.
9. Copyrights
Tentickle Deutschland retains ownership and copyright of designs, drawings, calculations, and other documents. The buyer may not make them accessible to third parties. For drawings, samples, collections, or other intellectual property provided,
The buyer must guarantee that the property rights of third parties are not infringed. The customer indemnifies Tentickle Germany against all claims by third parties.
10. Additional Rental Conditions
10.1 Regulation of rental provision
The rental items are provided only for the agreed purpose and for the agreed period. Subletting is not permitted. An extension of the rental period requires the landlord's consent. With regard to the perfect condition of the rental item, the tenant must immediately comply with their obligation to inspect and report defects upon receipt. Failure to do so will constitute confirmation of the absence of defects. The same applies if the rental item is returned by the landlord.
10.2 Rental prices
The rental prices stated are payable without any discounts or other deductions and are subject to VAT .
A deposit of 50% of the total amount is due upon order placement, with the remaining amount due upon delivery. If the client defaults on their payment obligation, the contractor is entitled to charge default interest at a rate of 4% above the current Bundesbank discount rate, starting from the receipt of the second reminder. The customer will be charged €10.00 for each subsequent reminder. Checks and bills of exchange are not accepted.
10.3 Delivery
Delivery and collection fees are based on distance and order value, unless otherwise agreed. The rental price is for a full day, excluding setup and dismantling, unless otherwise agreed. Additional costs (e.g., long walks of 50 meters or more, waiting times, or setup times) will be charged at €52.00 per person per hour.
10.4 Duties to cooperate / obligations
In the case of delivery contracts, the customer must ensure that the contractor guarantees free access to and from the event site. Any necessary official permits must be obtained by the customer. The customer must provide a sufficient number of fire extinguishers. Fire extinguishers weighing approximately 6 kg are required per 100 square meters. Tents are to be erected at the customer's instruction. The customer is obliged to check the ground for utility lines before erecting the tents. Tents must be secured with ground nails to a depth of 1 m. Any necessary permits for fastening to the masonry must be obtained by the customer. The customer must inform the contractor of any existing lines, etc. In the event of a risk of storms or severe weather, the tenant or one of their vicarious agents must properly secure provided items, in particular in the case of rented tents, and, if necessary, clear the tent hall of all persons. In the event of snowfall, the tenant must clear the tent roof of an appropriate amount of snow.
10.5 Liability
The tenant is liable for lost rental items up to the replacement value; for damage to the rental items, the tenant is liable for the repair costs, provided that this does not exceed the replacement value. The landlord assumes no liability, even to third parties, for damage that may arise from the insertion of ground nails (1 m deep) or anchors into the ground. The landlord's right to assert further claims for damages due to delay remains unaffected. The tenant is obligated to insure the rental items against theft and vandalism. The tenant's liability begins upon delivery and ends upon collection of the rental item. The tenant remains responsible for the rental item until it is handed over to the landlord.
10.6 Withdrawal/Order Cancellation
Order cancellations must always be made in writing.
Cancellation of an order is permitted up to 28 days before the agreed delivery date/event date. Cancellation fees of 20% of the net order value will apply. Cancellations made at a later date will require payment of the full rental price. However, if subletting is possible, only the costs incurred up to that point will be charged, but at least 50% of the net order value. For custom-made items, the full order value must always be paid.
10.7 Warranty
The lessor assumes no liability for property damage or personal injury related to the rental. The lessor provides inspected, but used, items. Despite all due care, defects may occur during transport. The lessor undertakes to replace any justified complaints. The lessee must submit the complaint by 4:30 p.m. on the day before the event begins, otherwise claims for cancellation or price reduction will not be accepted. The specified dimensions, shapes, and colors are subject to change without notice.
11. Place of jurisdiction and choice of law
The place of performance for all mutual obligations is the seller's registered office, regardless of any other agreements regarding delivery and payment terms. The place of jurisdiction is the seller's registered office. For contracts with non-merchants, the statutory provisions apply.
12. Severability Clause
Should one or more of the above provisions be invalid, the remaining provisions shall remain unaffected. In such a case, the contracting parties are obligated to replace the invalid provision with a valid one.
