Terms and Conditions

1. In general

  1. These general terms and conditions (AGB) are applicable for all business relationships between the customer and the TRANQUILLO GmbH, An der Schleife 7, 01099 Dresden (subsequent “Tranquillo”). The relevant version of terms and conditions is the one from time of concluding the contract.

  2. Any deviating terms and conditions of the customer shall not be binding to us, unless we have explicitly agreed on them

  3. The customer has the opportunity, to read and print the individual provisions of these general terms and conditions before conclusion of contract.

2. Conclusion of contract

  1. The contract between TRANQUILLO and the customer comes into effect, after the acceptance of TRANQUILLO corresponding to the offer of the customer on the basis of the following provisions.

  2. The presentation of services by TRANQUILLO within the scope of the online shop shall be an invitation to the customer, to submit an offer in order to conclude the contract.

  3. With completing the ordering process the customer constitutes a binding offer which is directed towards the conclusion of contract. An order confirmation by TRANQUILLO does not constitute any acceptance of the offer.

  4. The contract is effectively concluded by acceptance of the offer by TRANQUILLO. The acceptance of the offer is performed by transmitting an order confirmation in text form.

3. Information in the online shop

  1. Information relating to the product, abstained in the online shop of TRANQUILLO (e.g. advertisements, delivery times, quotation), is not binding and does not represent a property description of the concerned commodity.

  2. In the online shop stated delivery times and the availability are also based on information from the suppliers of TRANQUILLO and refer to business days from Monday to Friday. The statements are not indicative about the prospective delivery time and the availability.

  3. Should there be a faulty price labelling in the commodity, that is offered in TRANQUILLO`s online shop, TRANQUILLO is entitled to withdraw from the contract, notwithstanding a possible existing legal appeal. This withdrawal has to be declared to the customer immediately after TRANQUILLO has gained knowledge about the reason of rescission.

4. Right of revocation for consumers

  1. (A consumer is any legal entity which concludes a legal transaction for a purpose that cannot be ascribed to a commercial or independent business activity).

Right of revocation for consumers

  1. The customer should be allowed the right, to withdraw from the contract within 14 days and not having to justify the withdrawal.

    The revocation period is 14 days and shall begin from the day on which the consumer or a third party other than the carrier acquires the mate rial possession of each ordered commodity. To exercise their right of revocation, the customer has to inform us, by transmitting a clear statement (e.g. mailed document, fax and email or also by phone) about his/her decision to rescind the contract to:

  2. TRANQUILLO GmbH • An der Schleife 7 • 01099 Dresden

  3. Tel.: +49 (0)351 810 633 211

  4. Fax: +49 (0)351 810 633 229

  5. Mail: service@fabulous-tranquillo.com

  6. You might fill in and transmit the enclosed withdrawal form or an alternative clear explanation online on our website: www.tranquillo-shop.de. If you decide to make use of this option, we will immediately transmit an acknowledgement of receipt of such revocation (e.g. via email). The timely dispatch of the revocation shall be deemed sufficient for compliance with the revocation term.

  7. Consequences of withdrawal

  8. When the customer withdrawals this contract, we will refund all received payments immediately and at the latest within 14 days from the date of notification, that your revocation of contract has reached us, including delivery charges (with the exception of the costs which result from the fact, that you have chosen a different type of delivery than the standard delivery). For this refund we use the same means of payment of your original transaction, unless something else has been explicitly arranged with you.

  9. On no account we will charge any fees for repayment.

  10. We may withhold the reimbursement until we have received the goods back or until evidence is provided, that you have sent back the goods, whichever is earlier.

    You have to send or give back the goods immediately and in any case within 14 days from the day on which you informed us about revocation of contract.

    The time limit will have been observed, if the goods are sent back prior to the expiry of the time limit of 14 days. You have to bear the direct cost of returning the goods. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.

  11. Exclusion of the right of revocation

  12. The right of revocation does not hold for provision of goods

  13. that are not prefabricated and for whose manufacture an individual choice or provision of the customer is relevant or that that have been explicitly designed after customer specifications.
  14. that can spoil quickly or whose expiration date would be exceeded quickly.
  15. that are unsuitable for return, due to health and safety reasons if the sealing is removed after delivery.
  16. that are inseparably mixed or mixed in with other things after delivery.
  17. The right of revocation does not hold for provision of alcoholic beverages, if their price was agreed upon, when the contract was concluded, but that a re due to delivery at the earliest 30 days after conclusion of contract and if their actual value is dependent on fluctuations in the market which cannot be controlled by the trader.
  18. The right of revocation does not hold for provision of sealed audio or video recordings or computer software which were unsealed by the consumer
  19. The right of revocation does not hold for provision of newspapers, journals or magazines with the exception subscription contracts.

5. Reservation of title

  1. TRANQUILLO retains title of ownership to the delivered merchandise until the purchase price has been paid in full

  2. The customer is not entitled to pledge the delivered items, which are subject to retention of title, to assign them by way of security or to grant security interests of them to third parties. In case any third person shall nonetheless acquire any rights to the goods, the customer herewith assigns any and all of his rights to TRANQUILLO. TRANQUILLO hereby accepts this assignment. The customer shall immediately notify TRANQUILLO if and when any attachment of the products occurs or is imminent or any other claim or action is (about to be) brought in respect of the products (or any part thereof).

  3. TRANQUILLO will transfer the retained title to the goods, as soon and so far as the realizable value exceeds 20 % of the relevant total claim of the seller to be secured.

6. Prices, due-date, payment, default, set-off

  1. The price of the subjects is listed in the product list and/or in the article description. The ship ping costs of each product are displayed to the customer at the latest at conclusion of the order. The prices given include the statutory value-added tax.

  2. With receipt of the order confirmation, the purchase price plus the cost of shipment will be due immediately and is payable to TRANQUILLO without deduction.

  3. The goods may either be paid for by advance payment, PayPal, immediate transfer or credit card. TRANQUILLO reserves the right to exclude certain payment types or the pre-payment type is employed in individual cases. If the goods are paid by credit card, payment is made before the shipment of the goods.

  4. Payments with PayPal are handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard; Royal, L-2449 Luxembourg, Robert Caplehorn, commercial register number: Luxembourg B 118 349.

  5. In the case that a direct debit from the customer’s account is not possible for reasons attributable to the customer, the customer has to refund the banks handling charge to TRANQUILLO.

  6. If the customer defaults in payment, TRANQUILLO shall be entitled to demand interest on default in the amount of 5% above in the amount of the respective bank rates for overdraft. The proof of higher damage caused by default through TRANQUILLO remains unaffected.The customer is entitled to the right, to proof, that no, or minimal, damage has been caused by the delay.

  7. The customer has only the right to set-off claims, in case that these demands have been legally ascertained or are undisputed.

7. Delivery

  1. The delivery can take place worldwide. The delivery time will be informed on the ordering process.

  2. Deliveries are made to the customer at the provided delivery address unless otherwise agreed.

  3. If the ordered goods cannot be provided by the supplier, TRANQUILLO is entitled to withdraw from the contract. The statutory right of the customer shall remain unaffected hereof. Where delivery of the goods is not possible, because the ordering person is not found under the ship-to-address indicated by him/her, the client shall bear any and all costs of the unsuccessful delivery, if notification of the delivery date to the client was given, keeping of a reasonable timeframe.

  4. If the ordered goods are not available at the time of the order, TRANQUILLO reserves the right not to accept the order of the goods, so that no contract is materialized. The customer must be informed of this. Any payments already made shall be refunded without delay.

8. Warranty

  1. In case of defects, the customer shall be allowed to avail itself of the statutory warranty rights.

  2. The customer is obliged to report obvious defects to TRANQUILLO immediately.

  3. If the supplementary performance takes place by means of a substitute delivery, the customer is obligated to return the goods delivered first to TRANQUILLO within 14 days. TRANQUILLO bears the transport costs. The contrary shall only apply if it is determined, that the goods are free of all faults or the faults are not attributable to TRANQUILLO.

  4. Defects or damage to the goods, that are attributable to the non-compliance of the attached installation and use and operating instructions, are excluded from the warranty, insofar as the customer does not provide proof, that the non-compliance is not casual for the complained defect.

9. Limitations of liability

  1. TRANQUILLO shall be liable within the scope of the statutory regulations for damages resulting from the injury of life, the body or health, which is due to a willful or grossly negligent breach of an obligation or accordingly to an intentional or negligent behavior of TRANQUILLO or its legal representatives or vicarious agents; for the lack of warranted characteristics or in case of non- compliance with a guarantee; that is based on a deliberate or grossly negligent breach of duty and is accordingly an intentional or grossly negligent behavior of TRANQUILLO or its legal representatives or vicarious agents;

  2. TRANQUILLO shall only be liable for the foreseeable damage typical for the contract for such damages which arise from a slightly negligent violation of material contractual obligations by TRANQUILLO or its legal representatives or vicarious agents. Material obligations are only such obligations which fulfilment allows the proper execution of the agreement and where the customer may rely on the compliance of these obligations

  3. The above provisions shall also apply analogously to the liability of TRANQUILLO with respect to the reimbursement of futile expenditure.

  4. The liability under the Product Liability Act shall remain unaffected.

10. Data protection

  1. The personal data of the customer, which are necessary for the carrying out and processing the order, are stored and processed in accordance with legal conditions. For additionally collected data, the consent of the customer is required.

  2. If the declaration of consent is given, it shall be recalled, that you can revoke it at any time to TRANQUILLO with effect for the future. Apart from that we refer to our data protection notice of this website.

11. Dispute settlement

In accordance to the European legislation on alternative dispute resolution Art. 14 Abs. 1 ODR-VO. the European commission provides an online platform for dispute resolution, which is accessible under: http://ec.europa.eu/consumers/odr. TRANQUILLO is not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

12. Ammendments

The customer shall be notified in the case of an ongoing business relationship in writing, via fax or email of any amendments to these terms and conditions. Should the customer not object the alterations within 6 weeks then the alterations are regarded as accepted. The customer shall be advised specifically of his/her right to object and of the legal consequences of remaining silent.

  1. 1. In case of objection TRANQUILLO has the right, to terminate the agreement effective from the time the change goes into effect.

13. Final provisions

  1. The laws of the Federal Republic of Germany shall apply with the exclusion of UN international trade law.

  2. If the client is a merchant, a legal person under public law or a special fund under public law, the place where TRANQUILLO has its registered offices, shall be the solely place of jurisdiction for all disputes arising from the contractual relationship.

  3. Should terms or conditions of these general terms and conditions of business be or become invalid, this shall not affect the validity of the remaining terms and conditions.


Date: 15.03.2016

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