General Terms And Conditions
General terms and conditions and delivery conditions for traders (Germany)
Any questions or objections in connection with these general terms and conditions or the underlying contracts can be addressed in written form to Trust Office - Wholesale and Retail, Hafenbahnstrasse 100, 68305 Mannheim, represented by the managing director Marcus Strohner or by e-mail to firstname.lastname@example.org.
Our deliveries, services and offers are based exclusively on our general terms and conditions and delivery conditions. They are also valid for all future business relationships even when they are not expressly agreed. These terms and conditions are considered to be accepted when placing the order or latest with its receipt. Conflicting terms and conditions of the customer are excluded unless in individual cases we have expressly agreed to their validity in written form. In this case the general terms and conditions for the customer are not valid for following transactions but only for the one in which the general terms and conditions for the customer are part of. Verbal side agreements do not exist.
The presentation of our assortment does not constitute a binding contract offer. All information and prices are not binding. We accept no liability for errors in the presentation of our assortment. All dimensions given by us are nominal values. The colors used may have deviations from the original due to limited display possibilities. By placing an order with us
sends, he makes a binding offer. We reserve the right to freely accept the acceptance of this offer. Employees are not authorized to make verbal collateral agreements or verbal assurances that go beyond the content of the written contract. We will immediately confirm receipt of your order to the customer. If any information on the product range has been incorrect, we will immediately submit a counter-offer to the customer, whose acceptance he can decide freely. If we do not accept an offer from the customer, we will inform the customer immediately. The contract is concluded subject to the correct and timely delivery by our suppliers. This reservation applies only in the event that we are not responsible for any incorrect or non-delivery.
In case of unavailability we will inform the customer and propose a counteroffer. Delays in delivery and services as a result of force majeure and events which considerably complicate or make delivery impossible (later unavailability of materials, interruption of operations, strike, lockout, manpower shortage, lack or unavailability of means of transportation, regulatory action or similar) do not establish any claims of compensation. This is also valid when these incidents occur to our pre-suppliers or sub-suppliers. In this case we have the right to postpone the delivery or service for the duration of the hindrance plus an appropriate starting time. Should the purchaser be in default with a payment due from an earlier delivery we have the right to suspend deliveries from current orders until the default in payment is removed.
Our listed prices are in Euro and per unit and do include the respective value-added tax on the day of delivery as long as it is not expressly excluded.
Payment obligations are only deemed to be fulfilled if we or our agents have been able to dispose of the value of our claim. Unless otherwise agreed, our deliveries are cash on delivery (not possible abroad), prepayment (PayPal, bank transfer) or credit card without deduction payable. In the case of delivery against invoice, the performance time for the purchase price payment on the respective invoice is determined according to the calendar, so that it does not require a notice of default by reminder.
VII. Reservation of propriety
The delivered goods remain our property until full payment of the purchase price and shipping costs. In case of resale of the goods under retention the resulting claims shall be assigned to us. We do accept the assignment on the claims to us.
VIII. Rights of the purchaser when defect
Visible defects must be communicated to us without delay, at the latest however within 3 days of receipt of the delivery and concealed defects must be notified without delay on detection in written form. Otherwise the goods will be considered accepted and the assertion of rights according to § 437 BGB as excluded. The customer
has the full onus of responsibility for the timely receipt of the notice of defect. The limitation period for claims based on defects is 12 months after receipt of goods. Our duties against our purchaser concerning defects on the
goods are limited to eliminating the defect, the delivering of an article which is free of defects or a price discount. Claims of compensation are not valid if the occuring defect can be related to the improper use of the item or excessive strain on the purchase item or else installation for parts in the purchase item whose use was not approved by us or alterations of the purchase item in a manner not approved by us or failure by the purchaser to observe the regulations relating to the treatment, maintenance and care of the purchase item. Natural wear and tear is excluded from above mentioned rights of compensation.
For checking if a material deficiency does exit, please send back the item to: Trust Office - Wholesale and Retail, Hafenbahnstrasse 100, 68305 Mannheim.
If defects on goods can be evident (e.g. wrong delivery or damaged items) we will pay the shipping costs with retroactive effect. Returns always with sufficient postage put in an adequate packaging (padded envelopes, boxes e.g. NO standard envelope) The returns have to reach us complete, packaged one by one in packets in a satisfactory state of hygiene and with a copy of the invoice.
Consumers have a fourteen-day withdrawal.
You have the right to revoke this contract within a period of fourteen days without giving reasons.
The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the last product.
In order to exercise your right of revocation, you must inform us (Marcus Strohner - Trust Products & Tools / Wholesale & Retail, Hafenbahnstrasse 100, 68305 Mannheim, email@example.com, Tel: 0621 74824870 a letter, facsimile or e-mail sent by mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we use the same means of payment you used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged for these repayment fees. We can refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected when you send the goods before the end of the period of 14 days. They bear the direct costs of returning the goods. They shall only be liable for any loss of value of the goods if this loss of value is attributable to the handling of the goods which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.
The right of withdrawal does not apply to the following contracts, unless the parties agreed otherwise:
- Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
- Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.
- Contracts for the delivery of goods which are not suitable for return for reasons of health or hygiene f.e. piercing jewellery. The customer is welcome to request for a sealing by ordering.
- Contracts for the delivery of goods which are discounted already during ordering.
Model withdrawal form
(If you want to revoke the contract, please fill out this form and return it.)
- To Marcus Strohner - Trust Products & Tools / Wholesale & Retail, Hafenbahnstrasse 100, 68305 Mannheim, firstname.lastname@example.org, fax: 0621 74824872
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):
- Appointed on (*) / received on (*)
- name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only in the case of a communication on paper)
(*) Delete as appropriate.
Right of Revocation created with the Trusted Shops Rechtstexter in cooperation with Wildebeuger Solmecke lawyers.
If we are obliged to pay damage under applicable law and these General Terms and Conditions our liability is limited in the event of normal negligence: We are only liable for infringement of any essential duties under the contract or of any cardinal duty and our liability is limited to typical damage that was foreseeable at the time of contract conclusion. This limitation does not apply to injury of life, body and health. If the damages are covered by an insurance policy taken out by the purchaser for the relevant risk (excluding fixed-sum insurance), we shall only be reliable for any loss suffered by the purchaser in association therewith e.g. higher insurance premiums or interest payable until settlement by the insurance company. The same applies for damages caused by a defect. Independent of negligence we are liable for the fraudulent no-disclosure of a defect on account of acceptance of a warranty and according to the Product Liability Act. Liability because of delivery delay is regulated in Section IV. Personal liability of our legal representatives, assistants and employees for damage caused by them through minor negligence is excluded.
XI. Contractual exclusion of set-off
The purchaser is prohibited to set off against our demands unless the claim of the purchaser is undisputed or legally established.
XII. Applicable Law/Severability Clause
The contracts underlying these General Terms and Conditions shall be subject to the law of the Federal Republic of Germany. The UN Sales Convention does not apply. If individual provisions of these General Terms and Conditions become completely or partially invalid or void the rest of the contract remains valid. The ineffective or void provision shall be replaced in accordance with the provisions of law.