Tor & More – ADGENCY GmbH
1. ScopeThese General Terms and Conditions (GTC) apply to all orders placed through our online shop by consumers and entrepreneurs.A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession. An entrepreneur is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of their trade, business, or profession.For entrepreneurs, the following applies: If the entrepreneur uses opposing or supplementary General Terms and Conditions, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to them.
2. Contractual Partners, Conclusion of Contract, Order Changes, Prices
2.1 Contractual PartnersThe purchase contract is concluded with ADGENCY GmbH (Tor and More).
2.2 Conclusion of ContractThe presentation of the products in the online shop does not constitute a legally binding offer but an invitation to order. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. The confirmation of receipt of your order is sent by email immediately after the order is sent.We accept your offer within two days by sending an acceptance declaration in a separate email or, if applicable, by initiating the payment transaction through our service provider or the selected payment service provider. The timing of the payment transaction depends on the selected payment method (see under "Payment"). The relevant alternative for you depends on which of the listed events occurs first.
2.3 Order ChangesIf you have used our configurator for the configuration of your URBAN product, subsequent changes to the configuration are no longer possible. We manufacture our URBAN products individually for you in size, color selection, and features for doors and windows. For this reason, we send you documents for production release after the conclusion of the contract. These are individual planning services that require a significant effort. For orders of an URBAN product without a configurator, changes are free of charge until the receipt of the documents for production release. For change requests after this time, a handling fee of 150 euros (including VAT) will be charged.
2.4 PricesIf the customer does not grant production release for an URBAN product within 6 months after the conclusion of the contract, the total price increases by 4.5%. The new price is then valid for another 6 months. If the customer does not grant production release within another 6 months, the total price increases by another 4.5%. After the lapse of another 6 months without production release, a new price based on the current list prices must be negotiated between the customer and us (i.e., after 1.5 years).
3. Contract Language, Contract Text StorageThe language(s) available for concluding the contract: GermanWe store the contract text and send you the order data and our GTC in text form. The contract text is no longer accessible via the internet for security reasons.
4. Delivery Conditions
4.1 GeneralShippable products are delivered by a delivery service provider of our choice. We do not deliver to packing stations. Our URBAN series sheds, as well as our carports and prefab garages, are delivered by our own delivery drivers. We manufacture our URBAN products individually for you in size, color selection, and features for doors and windows. For this reason, we send you documents for production release after the conclusion of the contract, which you must confirm. Please note that the delivery time indicated in our shop for our URBAN products is only calculated from this point in time, as we have no influence on the period between sending our documents and your return.
4.2 Unloading AssistanceOur URBAN series sheds, as well as our carports and prefab garages, are commissioned, packaged, and delivered in larger sections. Unloading requires unloading assistance, which must be provided by you. Usually, one person is sufficient for this. For very large products, multiple people are advantageous.
4.3 Delivery TimeDelivery takes place on the delivery day communicated by us within a period from 07:00 to 19:00. Unfortunately, we cannot specify a narrower time frame due to unpredictable traffic conditions.
4.4 Delivery NotificationThe delivery will be announced to you in two steps. A few weeks before the delivery, we will inform you of the approximate delivery period as part of a first delivery announcement. To be able to specifically announce the delivery, it is necessary for you to send us photos of the delivery situation. We need to be able to plan how wide the access route is and decide accordingly which vehicle to use for your delivery. Shortly before the delivery – a few days in advance – we will inform you of the specific delivery date.
4.5 Curbside Delivery and Delivery to the Assembly SiteFor reasons of efficient delivery planning, we generally deliver our URBAN series sheds, as well as our carports and prefab garages, curbside because we do not know the exact assembly site and cannot estimate the effort required to transport the goods from the curb to the assembly site. If you wish to transport the goods to the assembly site, we can provide this service for a small surcharge, which we will individually agree with you once we are informed about the route between the curb and the assembly site. Photos are essential for us in this regard. These must be sent to us after the first delivery announcement. We will calculate the time and thus the financial effort for delivery to the assembly site based on this. Please note that we cannot consider the transport request to the assembly site if you do not send us photos or if this is not done in time before the specific delivery date notification.
4.6 Delivery Date PostponementThe delivery dates announced by us can be canceled or postponed no later than the Thursday before the delivery week. If a second delivery is required because you canceled the appointment too late or wish to postpone it, we will charge 290 euros (including VAT) for a second trip. The background is that our deliveries are nationwide, and our drivers have already loaded your goods several days before the delivery date.
4.7 Storage Costs for Delivery PostponementIf you want to postpone the delivery date by more than 2 months, we charge storage fees of 1% of the order value per started calendar week (calculated from Monday).
4.8 PickupWe deliver free of shipping costs. You generally have the option to pick up the goods at our warehouse - Schelpmilser Weg 22, 33609 Bielefeld - Germany. In this case, please arrange a pickup appointment with us.
5. PaymentThe following payment methods are generally available in our shop:
Prepayment: When selecting the prepayment method, we will provide you with our bank details in a separate email and deliver the goods upon receipt of payment. Payment is to be made within one week.
Credit Card: During the ordering process, you provide your credit card details. Your card will be charged immediately after the order is placed.
PayPal: To pay the invoice amount via the PayPal payment service provider (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate with your login details, and confirm the payment order. The payment transaction will be executed by PayPal immediately after placing the order. Further information can be found in the ordering process.
Cash Payment on Pickup: You pay the invoice amount in cash when picking up the goods.
6. Right of WithdrawalConsumers have the statutory right of withdrawal as described in the withdrawal instructions. Entrepreneurs are not granted a voluntary right of withdrawal.According to § 312g para. 2 sentence 1 BGB, a consumer does not have a right of withdrawal for contracts concluded outside business premises or distance contracts if goods are manufactured specifically for a customer or tailored to their personal needs. Please note that custom manufacturing of our URBAN products (tool sheds, garden sheds, carports, prefab garages) leads to the loss of the statutory right of withdrawal. A custom manufacturing exists if you configure a dimension that deviates from our listed standard dimensions or if you individually determine the position of doors and windows.
7. Retention of TitleThe goods remain our property until full payment. For entrepreneurs, the following applies in addition: We retain ownership of the goods until full settlement of all claims from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; you assign all claims arising from this resale – regardless of any connection or mixing of the reserved goods with a new item – to us in advance to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities due to us upon your request insofar as the realizable value of the securities exceeds the value of the open claims by more than 10%.
8. Transport DamageFor consumers, the following applies: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, especially your warranty rights. However, you help us assert our claims against the carrier or transport insurance.
9. ProductThe building sketch serves to check dimensions and the positioning of doors, windows, or coverings. The representation of construction components (walls, roofs, doors, etc.) in the building sketch or in the photos serves only to check dimensions and details and has no significance for the scope of delivery. The standard delivery does not include foundation work or floors.
10. Warranty and Guarantees
10.1 Defects Liability LawStatutory rights for liability for defects apply. For entrepreneurs, the limitation period for claims for defects in used items is one year from the transfer of risk. Statutory limitation periods for the recourse claim according to § 445a BGB remain unaffected.Only our own specifications and the manufacturer's product descriptions, which are included in the contract, are considered as an agreement on the quality of the goods. We are not liable for public statements made by the manufacturer or other advertising statements.If the delivered item is defective, we initially provide a warranty to entrepreneurs at our discretion by rectifying the defect (rework) or by delivering a defect-free item (replacement delivery).The above limitations and shortened periods do not apply to claims based on damage caused by us, our legal representatives, or vicarious agents:
- in case of injury to life, body, or health,
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent,
- in case of breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations),
- within the framework of a guarantee promise, if agreed,
- as far as the scope of application of the Product Liability Act is opened.
10.2 Defects Liability LawThe statutory defects liability law applies with the following particularity: We do not assume any warranty for defects attributable to on-site construction services (e.g., self-made foundations, on-site waterproofing measures, subsequent installations or modifications). If the customer has made installations or modifications after the assembly, knowing that the goods have a defect, they cannot demand the removal and reinstallation of the installations or modifications by us when reporting the defect. The manufacturing of the ordered products is carried out according to the recognized rules of technology. We continually develop our products and aim to maintain high customer satisfaction. Special requirements of the customer for the configuration of the ordered products or stability may necessitate an adjustment in the construction or design details. As a result, gap dimensions, screw or anchoring positions may change from the original construction sketch. You agree to this procedure and acknowledge that such deviations do not constitute defects.
10.3 Guarantees and Customer ServiceInformation about any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop. Customer service: You can reach our customer service for questions, complaints, and claims on weekdays from 08:00 to 17:00 at the phone number 0800 112 4 112 and via email at
info@tor-and-more.com10.4 URBAN Warranty ConditionsWe provide a ten-year factory warranty on the function of the goods from the date of delivery. Natural wear and tear, chemical or mechanical damages, and damages due to force majeure are excluded from the warranty, as well as impairments due to non-compliance with maintenance or care instructions for the product. No warranty is provided for self-assemblies or subsequent installations of doors, windows, gates, etc., done by the customer. Warranty claims are limited to free repair or the free delivery and free installation of replacement parts. There is no claim for a new delivery under the warranty. Likewise, a right of withdrawal from the warranty is excluded. Further warranty claims are only valid if they have been agreed upon in writing. The warranty applies without prejudice to the statutory warranty claims and rights in the event of a defect at the time of risk transfer. These claims and rights exist in the event of a warranty case alongside the warranty, as long as there are no explicit liability exclusions or limitations according to these GTC.
11. Assembly
11.1 Start of AssemblyIf you have commissioned the assembly of our URBAN products, the assembly will start on the delivery day communicated by us within a time frame from 07:00 to 19:00. We and our commissioned persons are permitted to enter your property for the purpose of assembly, even in your absence.
11.2 Access to the Assembly SiteThe access to the assembly site must be paved; at least a gravel, compacted ground must be provided on-site. Additional costs due to unpaved access will be billed separately by us. The customer must ensure a safe and obstacle-free access to the construction site, as well as a suitable parking and unloading area and permission for a 7.5t - 12.0t truck. If there is a distance of more than 25 meters between the unloading position of the truck and the assembly site, more than 2 steps between the truck and the assembly site, or other obstacles that make the transport of the goods from the truck to the assembly site unreasonably difficult, you must notify us in writing no later than the time of production release. If the distance is unreasonably large for us, we will contact you for an individual solution.
11.3 FoundationOur assembly includes the construction and anchoring with the on-site constructed foundation, which must be made according to our foundation plan specifications. The foundation must be level, snow-free, and ice-free. You must specify the property boundaries, building lines, and heights, and provide the electricity necessary for the assembly. Our products cannot be built into an embankment; in such cases, you must construct a retaining wall on-site. Any necessary sealing to the ground (i.e., between the bottom edge of the wall and the ground) or to adjacent buildings, as well as any connection to adjacent buildings, must be done by you. Our scope of service does not include electrical work.
11.4 ScaffoldingIf the erection of scaffolding is necessary due to local conditions, it must be provided on-site. If you do not wish to fulfill this obligation, scaffolding can also be erected by us, and the corresponding additional costs will be charged.
11.5 Assembly CancellationIf you cause an assembly failure or cancellation from 3 days before the scheduled assembly date or on the assembly day itself, the costs of the assembly failure and the costs for the delivered material will be charged.
11.6 Assembly Orders After Production ReleaseThe assembly of a URBAN product can be easily requested through our customer service after you have purchased your URBAN product in the online shop. We will then provide you with an individual offer. If you have already granted production release, we charge a handling fee of 190 euros for the subsequent scheduling of the assembly.
12. LiabilityWe are always fully liable for claims based on damages caused by us, our legal representatives, or vicarious agents in the event of injury to life, body, or health, in the event of intentional or grossly negligent breach of duty, in the event of guarantee promises, if agreed, or insofar as the scope of application of the Product Liability Act is opened.For breaches of essential contractual obligations, whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations), due to slight negligence by us, our legal representatives, or vicarious agents, the liability is limited to the foreseeable damage typical for the contract at the time of conclusion of the contract. Otherwise, claims for damages are excluded.
13. Dispute ResolutionThe European Commission provides a platform for online dispute resolution (ODR), which can be found here. We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
14. Final ProvisionsIf you are an entrepreneur, German law applies to the exclusion of the UN Sales Convention.If you are a merchant within the meaning of the Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
