Terms of service
This English version is a translation provided for your convenience. The contract language is German; in case of doubt, the German version shall prevail.
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as provider (Towflexx GmbH) via the website https://shop.towflexx.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession. A trader is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business or self-employed profession.
§ 2 Accessibility
(1) In accordance with § 14 (1) no. 2 in conjunction with Annex 3 no. 1 of the German Accessibility Strengthening Act (BFSG), we provide information on how our website and our e-commerce service meet the accessibility requirements of the relevant ordinance (BFSGV). This information can be accessed via a separate, appropriately labelled button on our website (e.g. “Accessibility statement” or a similar label) and in particular covers the following points:
a description of the applicable accessibility requirements;
a general description of the service in an accessible format;
descriptions and explanations necessary to understand how the service is provided;
a description of how the service meets the relevant accessibility requirements.
(2) The contact details of the competent market surveillance authority are as follows:
MLBF (under establishment)
c/o Ministerium für Arbeit, Soziales, Gesundheit und Gleichstellung Sachsen-Anhalt
Postfach 39 11 55
39135 Magdeburg, Germany
Phone: +49 391 567-4530
E-mail: MLBF@ms.sachsen-anhalt.de
(3) Where applicable, we use artificial intelligence (AI) and special tools to implement the accessibility requirements on our website. This is intended to take into account a wide range of possible disabilities, including visual, auditory, physical, speech, cognitive and neurological impairments. Further details can be found via the separate, appropriately labelled button on our website mentioned in para. 1.
(4) Our website and our e-commerce service are accessible if they can be found, accessed and used by people with disabilities in the generally customary manner, without particular difficulty and, in principle, without outside help.
(5) The measures to implement the accessibility requirements include, for example, clearly legible font sizes and sufficient colour contrast, navigation by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (insofar as videos are embedded on the website), easy-to-read and understandable language, compatibility with all common screen readers, and adaptable display options for different devices (smartphones, tablets, desktop computers, etc.).
§ 3 Conclusion of the contract
(1) The subject matter of the contract is the sale of goods, including digital content (data produced and supplied in digital form).
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system on the terms stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Continue to order” button (or a similar label) and entering your personal data as well as the payment and shipping conditions, the order data is finally displayed to you as an order summary.
If you use an instant payment system as the payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be taken to the order summary page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you make the relevant selection or enter your data there. Finally, the order data is displayed to you as an order summary on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check the information in the order summary again, to change it (also via the “back” function of the internet browser) or to cancel the order.
By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “place binding order”, “pay” / “pay now” or a similar label), you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of a quotation are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is stated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 4 Licence of use for digital content
(1) The digital content offered is protected by copyright. For each item of digital content purchased from us, you receive a licence of use from the respective licensor. The type and scope of the licence of use are set out in the licence terms stated in the respective offer.
§ 5 Special agreements on the payment methods offered
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna in each case:
Credit card (“Pay Now”)
Instant bank transfer (“Pay Now”)
Further information on Klarna and the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(2) Payment by credit card, Apple Pay or Google Pay
Payment is processed via the payment service provider Shopify Payments. Your credit card account is debited when the order is completed.
(3) Payment via PayPal
You pay the invoice amount via the online provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. In principle, you must be registered there or first register, identify yourself with your login details and confirm the payment instruction. After the order has been placed in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process.
(4) Cash payment on collection
If you collect the goods yourself, you can pay the purchase price in cash on collection.
§ 6 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are a trader, the following also applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the reserved goods passes, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You remain authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) At your request, we undertake to release the securities to which we are entitled insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 7 Warranty
(1) The statutory rights in respect of defects apply.
(2) As a consumer, you are requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. If you do not do so, this has no effect on your statutory warranty claims.
(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are a trader, the following applies in deviation from the above warranty provisions:
a) Only our own information and the manufacturer's product description are deemed to be the agreed quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide warranty at our discretion by repair or replacement. If the remedy of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The remedy of defects is deemed to have failed after an unsuccessful second attempt, unless something else follows in particular from the nature of the goods or the defect or from the other circumstances. In the case of repair, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- to culpably caused damage attributable to us arising from injury to life, body or health, and to other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- to items that have been used for a building in accordance with their customary use and have caused its defectiveness;
- to statutory recourse claims that you have against us in connection with rights in respect of defects.
§ 8 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of the more favourable law).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time the action is filed. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
II. Customer information
1. Identity of the seller
Towflexx GmbH
Wöstendöllen 95-96
49429 Visbek
Germany
Phone: +49 4445 988144
E-mail: marketing@towflexx.de
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the options for correction are governed by the provisions “Conclusion of the contract” in our General Terms and Conditions (Part I).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. We do not store the complete text of the contract. Before submitting the order, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions are sent to you again by e-mail.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of conduct
4.1. We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Main characteristics of the goods or services
The main characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via an appropriately labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. If delivery is made to countries outside the European Union, further costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by banks), which are to be borne by you.
6.4. Costs incurred for the transfer of money (transfer or exchange rate fees charged by banks) are to be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
6.5. The payment methods available to you are shown under an appropriately labelled button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
7. Delivery conditions, provision
7.1. The delivery conditions, the delivery date and any existing delivery restrictions as well as the conditions for the provision of digital content can be found under an appropriately labelled button on our website or in the respective offer.
7.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the trader or another person designated to carry out the shipment.
If you are a trader, delivery and shipment are at your risk.
8. Statutory liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
Last updated: 2 November 2026