Tourbillon Magazin


1. Scope / Contact Details
These General Terms and Conditions (hereinafter referred to as
"AGB") shall apply for all contracts concluded through our online
shop at Tourbillon Magazin (hereinafter referred to as "Online
Shop") between us, Tourbillon Magazin, and you as our
Your differing, conflicting or supplementary General Terms and
Conditions shall only become part of the contract if they have
been explicitly acknowledged by us in writing. Our mere
knowledge of your General Terms and Conditions does not make
these part of the contract.
The version of the AGB valid at the point in time of conclusion of
the contract shall be authoritative.
Our contact details are:
Tourbillon Magazin
16192, Costal Highway, Lewes, DE 19958. USA.,
2. Eligible customers, purchase order quantities
You may only place orders in our online shop if you are acting as
an adult consumer and not as a commercial trader or within the
framework of self-employed activity.
Furthermore, we shall only accept purchase orders that provide
for the delivery of standard consumer quantities.

3. Purchase order processing, conclusion of the
By illustrating and advertising products in our online shop, we are
not submitting a binding offer for the sale of these products. This
illustration merely represents a request that you yourself should
submit a binding offer to buy the products you have placed in the
shopping basket.
In the online shop, you can select products and place them in a
virtual shopping basket by clicking the button "Add to basket“
which appears in the online shop every time you click the
shopping cart icon.
You can start the actual ordering process by clicking the shopping
cart icon. You can go through the ordering process with or without
the creation of a personal user account. In the ordering process,
enter your address and select the shipping and payment methods
(insofar as several options are available). With certain payment
methods, you must enter further data for payment (e.g. for
payment by credit card the card number, the cardholder, the date
of expiry and the CVV code). If you create a personal user
account, your address data will be saved for future purchase
orders. After you have entered the above-mentioned data, you are
taken to a page (hereinafter referred to as "Order overview")
which shows you your order once more and gives you the
opportunity to recognize any input errors. By clicking the "Back"
function of your Internet or mobile browser and editing the
relevant fields on the pages that then appear, you can change and
correct the selected products and your details before completing
your purchase order, and return to the order overview by clicking
the appropriate buttons on the individual pages.

Complete your purchase order by clicking the "Buy now" button.
By clicking this button, you submit a binding offer to buy the
products listed on the order overview.
Clicking the "Buy now" button does not yet lead to a purchase
contract. First you will receive an acknowledgement of the receipt
of your order from us by email; this acknowledgement is not a
legally binding acceptance of your order either. We reserve the
right to accept your purchase order in full or in part, in particular if
the availability of the products ordered by you is limited, or if they
are not available at all. The purchase contract for a product
ordered by you does not come about until you have received a
further email from us with shipping confirmation for the product, or
you have received the product.
The conclusion of the contract is offered in English.
The text of the contract (consisting of the following components:
your purchase order, these AGB as well as the shipping
confirmation sent by us) is saved by us after conclusion of the
contract. The text of the contract is made accessible to you
through the transmission of its components by email.
4. Prices and shipping costs
Unless otherwise indicated, the prices quoted in our online shop
are inclusive of statutory VAT. These prices do not include
shipping costs; these are to be paid by you.
In each case, the online shop indicates whether shipping costs
are payable for your purchase order. If this is the case, the
amount due for shipping is also shown.
Schließen Sie Ihre Bestellung ab, indem Sie auf die Schaltfläche
"Jetzt kaufen" klicken. Durch Klicken auf diese Schaltfläche geben

Sie ein verbindliches Angebot zum Kauf der in der
Bestellübersicht aufgeführten Produkte ab.
Das Klicken auf die Schaltfläche "Jetzt kaufen" führt noch nicht zu
einem Kaufvertrag. Zunächst erhalten Sie von uns eine
Bestätigung über den Eingang Ihrer Bestellung per E-Mail. Diese
Bestätigung ist auch keine rechtsverbindliche Annahme Ihrer
Bestellung. Wir behalten uns das Recht vor, Ihre Bestellung ganz
oder teilweise anzunehmen, insbesondere wenn die Verfügbarkeit
der von Ihnen bestellten Produkte begrenzt ist oder wenn sie
überhaupt nicht verfügbar sind. Der Kaufvertrag für ein von Ihnen
bestelltes Produkt kommt erst zustande, wenn Sie von uns eine
weitere E-Mail mit Versandbestätigung für das Produkt erhalten
oder das Produkt erhalten haben.
Der Vertragsschluss wird in englischer Sprache angeboten.
Der Vertragstext (bestehend aus folgenden Komponenten: Ihre
Bestellung, diese AGB sowie die von uns gesendete
Versandbestätigung) wird von uns nach Vertragsschluss
gespeichert. Der Vertragstext wird Ihnen durch die Übermittlung
seiner Bestandteile per E-Mail zugänglich gemacht.
4. Preise und Versandkosten
Sofern nicht anders angegeben, verstehen sich die in unserem
Online-Shop angegebenen Preise inklusive gesetzlicher
Mehrwertsteuer. Diese Preise enthalten keine Versandkosten;
diese sind von Ihnen zu bezahlen.
In jedem Fall zeigt der Online-Shop an, ob für Ihre Bestellung
Versandkosten anfallen. In diesem Fall wird auch der für den
Versand fällige Betrag angezeigt.

The price of the products selected by you for your order, including
VAT and any shipping costs due, are summarized again in the
order overview.
Should we send you part-deliveries in accordance with Section
6.5 of these AGB, the shipping costs shown in the online shop
shall only be payable for the first part-delivery.
5. Terms of payment and setoff
We accept only the methods of payment offered in the online
The purchase price becomes due on formation of the purchase
You can only offset payments with claims that (i) have been
recognized by declaratory judgement, are ready for judicial
adjudication or are undisputed by us, or (ii) arise from the same
contractual relationship as our claim against which you intend to
6. Delivery/Delivery periods/Part-deliveries
Delivery shall be made to the delivery address specified by you in
the ordering process.
Insofar as we have not stated any other delivery period in the
ordering process or in the shipping confirmation, the delivery
period shall be approximately 3-5 working days from confirmation
of shipping.
Our deliveries are effected by shipping companies. A list of the
shipping companies used by us can be viewed in the FAQ of the
online shop.

As soon as we give the shipping company in question products to
be delivered to you, you shall receive shipping confirmation,
together with a tracking link with which you can follow the status of
the shipment.
We are entitled to send part-deliveries to an extent that is
reasonable for you.
7. Self-delivery clause
We are hereby released from our contractual obligation to deliver
a product ordered by you when all of the following conditions are
met: (i) We obtain the product from a prior vendor, (ii) we
concluded an appropriate purchase contract with the prior vendor
for the product before we concluded the contract with you, (iii) the
prior vendor does not deliver the product to us, and (iv) we are not
responsible for the non-delivery by the prior vendor.
Should our delivery commitment to you lapse in accordance with
Section 7.1, we shall inform you without delay of the non-
availability of the product and refund without delay any payment
already made by you for the product and its delivery.
8. Retention of ownership
The delivered products shall remain our property until the
purchase price has been paid in full.
9. Right of revocation and revocation instructions
In the conclusion of distance contracts, consumers have a
statutory right of revocation for the purchase of products like those
offered in the online shop. We shall inform you in the following
about this right of revocation in accordance with statutory

Revocation instructions

Right of revocation
You have the right to withdraw from this contract within fourteen days without providing
The revocation period is fourteen days from the day you, or a third party named by you
who is not the carrier, took possession of the goods.
To exercise your right of revocation, you must inform us, Tourbillon Magazin, c/o
DE 19958. USA., email of your decision to revoke this
contract by means of an unequivocal statement (e.g. a letter sent by post or an email).
You may use the standard revocation form in Section 9.2 of these AGB; however, this
is not mandatory.
To comply with the revocation period, it is sufficient for you to send off the
communication informing us of the exercise of your right of revocation before the
revocation period has expired.
Consequences of revocation
If you revoke this contract, we shall refund all payments that we have received from
you, including delivery costs (with the exception of additional costs incurred because
you selected a type of delivery different from the cheapest standard delivery offered by
us), without delay and at the latest within fourteen days from the day the
communication informing us of the revocation of this contract was received by us. For
this refund we shall use the same means of payment that you used in the original
transaction, unless explicitly agreed otherwise with you; under no circumstances will
you be charged any fees on account of this refund. We can withhold this refund until
we have received the goods again or you have furnished proof that you have sent the
goods back, depending on which point in time is earlier.
You must send back or hand over the goods to the following plant location without
delay and in any event at the latest within fourteen days from the date on which you
inform us of the revocation of this contract.
Tourbillon Magazin
16192, Costal Highway, Lewes, DE 19958. USA.,

The time limit will be deemed to have been observed if you send the goods before
expiry of a period of fourteen days.
We shall bear the costs incurred for returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is
attributable to a manner of handling the goods not necessary for checking their
condition, properties or correct functioning.

In the following we have provided the standard revocation form as
specified in the revocation instruction above in Section 9.1 of
these AGB; however, its use is not mandatory.

Standard revocation form

(If you wish to revoke the contract, please fill out this form and send it back to us.)
— Tourbillon Magazin
16192, Costal Highway, Lewes, DE 19958. USA.,
I/We (*) hereby revoke the contract concluded by me/us (*) concerning the purchase of
the following goods (*)/ the performance of the following service (*)
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)

— Signature of the consumer(s) (only for communication on paper)

— Date
(*) Delete as appropriate.

10. Liability for defects
Your claims and rights in the event of defects in the purchased
products are determined by statutory regulations, but are subject
to the proviso that the limitations and exclusions provided for in
Section 11 of these AGB shall apply in the event of claims for
11. Liability
In all cases of contractual and non-contractual liability, our liability
in case of intent and gross negligence is determined by statutory
In other cases – and unless otherwise regulated in Section 11.3 of
these AGB – we are only liable in the event of violation of a
contractual obligation, the fulfillment of which allows the proper
execution of the contract at all and which you as our customer
may as a rule rely on (a so-called cardinal obligation), but
restricted to the replacement of typical and foreseeable damage.
The above-mentioned liability limitations and exclusions ensuing
from Section 11.2 of these AGB do not affect our liability for
damage arising (i) from injuries to life, limb or health, (ii) in
accordance with the Product Liability Act and (iii) from guarantees
of quality and/or durability.
12. After-sales service / Complaints

You can use the contact details specified above in Section 1.4 to
contact us by letter, telephone or email if you have any questions,
comments or complaints, or to give us any other information
relating to your purchase orders or our deliveries.
13. Online dispute resolution
In the event of legal disputes with us, you have the option of trying
to reach an out-of-court settlement using the Internet site set up
by the European Commission for online dispute resolution. You can find the ODR site at
14. Applicable law
EU law shall be applicable, to the exclusion of the UN Sales
Convention. If, at the point in time when you placed your order,
you have your habitual residence in a country other than the
European Union, the use of binding legislation of that country is
not affected by the choice of law made in Sentence 1.

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