General Terms And Conditions
General Terms and Conditions of Business
I. Scope of application
The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
II. Offer / Exclusion of contract
The presentation of our product range does not constitute a binding contractual offer. All information and prices are non-binding. We accept no liability for errors in the presentation of our product range. All dimensions stated by us are nominal values. The colour shades used may show deviations from the original due to limited display possibilities. By sending an order to us, the customer
he submits a binding offer. We reserve the right to decide freely whether to accept this offer. Employees are not authorised to make verbal subsidiary agreements or to give verbal assurances that go beyond the content of the written contract. We will confirm receipt of the customer's order without delay. If information on the product range was incorrect, we will immediately submit a counter-offer to the customer, who is free to decide whether to accept it. If we do not accept an offer from the customer, we will inform the customer immediately. The conclusion of the contract is subject to correct and timely delivery by our suppliers. This reservation shall only apply in the event that we are not responsible for any incorrect delivery or non-delivery.
III. Contractual Partner, Conclusion of Contract, Possibilities of Correction
The purchase contract is concluded with TRUST Tools & Products.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
IV. Contract language, storage of contract text
The language(s) available for the conclusion of the contract: German, English
We store the text of the contract and send you the order data and our General Terms and Conditions in text form. You can view the text of the contract in our customer login.
V. Terms of delivery
Shipping costs will be added to the stated product prices. You can find out more about the shipping costs in the offers.
In principle, you have the option to collect the goods from Marcus Strohner - TRUST Tools & Products, Soldnerstraße 11, 68219 Mannheim, Germany during the following business hours: 09:00 - 18:00
In our shop, the following payment methods are generally available to you:
If you choose payment in advance, we will inform you of our bank details in a separate e-mail and deliver the goods after receipt of payment.
Cash on delivery
You pay the purchase price directly to the deliverer. There will be an additional charge of 10,35 Euro.
You enter your credit card details in the order process. Your card will be charged immediately after placing the order.
SEPA direct debit
When you place your order, you give us a SEPA direct debit mandate. We will inform you of the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and the 24th and 31st of December each year. The account is debited before the goods are dispatched.
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction.
The invoice amount is due 7 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.
VII. Right of withdrawal
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of revocation.
VIII. Retention of title
The goods remain our property until full payment has been made.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.
IX. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
X. Warranty and guarantees
9.1 Liability for defects
The statutory law on liability for defects shall apply.
9.2 Guarantees and customer service
Information on any applicable additional guarantees and their precise conditions can be found with the product and on special information pages in the online shop.
XI. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
XII. Prohibition of set-off
The buyer is prohibited from offsetting against our claims unless the buyer's claims are undisputed or have been legally established. XIII Place of performance and jurisdiction
The place of performance and jurisdiction is Mannheim, provided that the buyer is a merchant.
XII. Choice of Law / Severability Clause
The contracts underlying these General Terms and Conditions are subject to German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. Should individual provisions of these General Terms and Conditions of Business be invalid or void, the remainder of the contract shall remain valid. In place of the invalid or void provision, the contract shall be governed by the statutory provisions.
XIII. Special prices, discounts and promotions
Our discount campaigns, special prices and special pricing for certain products are based on clear rules. Discount promotions cannot be combined with each other unless this is expressly stated. Existing fixed customer discounts are always included in discount promotions and are never disregarded.
Discount promotions are additionally never valid for wholesale customers. These are excluded from all promotions unless otherwise communicated.
In addition, graduated prices and special prices (for sale promotions) are generally excluded from discount promotions. The discount always refers to the standard purchase price of the respective customer group.
As long as the PayPal immediate payer promotion is running, it applies exclusively to the studio customers of our customer base. Wholesalers and private customers are generally excluded from this promotion.
XIV. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German 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.
Terms and conditions created with the Trusted Shops legal text editor in cooperation with FÖHLISCH Rechtsanwälte. Translated with www.DeepL.com/Translator (free version)