General Terms and Conditions with Customer Information

Table of Contents

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Trivando, Am bhf Weinhübel 8, 02827 Görlitz, Germany (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own conditions is hereby contradicted, unless something else has been agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to either their commercial or independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers from the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer can also submit the offer to the Seller via email, fax, online contact form, by post, or by phone.

2.3 The Seller can accept the Customer’s offer within five days,
by sending an order confirmation in text form,
by delivering the goods to the Customer, or
by requesting payment from the Customer after the order has been placed.
If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period begins on the day after the offer is sent and ends with the expiration of the fifth day. If the Seller does not accept the offer in a timely manner, it is considered rejected.

2.4 If a payment method offered by PayPal is selected, the payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., subject to the PayPal Terms of Use. If the Customer pays using a PayPal payment method, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the order button.

2.5 If the payment method “Amazon Payments” is selected, the payment processing is carried out via Amazon Payments Europe s.c.a. By initiating the payment process, the Seller declares acceptance of the Customer’s offer.

2.6 When submitting an offer via the online order form, the contract text is stored by the Seller and transmitted to the Customer in text form after the order has been sent. No further provision is made. For a user account, order data can be viewed there.

2.7 Before placing the order, the Customer can correct their entries. A technical aid may be the zoom function of the browser.

2.8 Different languages are available for the conclusion of the contract, as indicated in the online shop.

2.9 Order processing is done via email. The Customer is obliged to provide a correct email address and to ensure that messages from the Seller can be received.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information can be found in the Seller’s withdrawal instructions.

3.3 The right of withdrawal does not apply to consumers outside the EU with residence and delivery address outside the EU.

4) Prices and Payment Terms

4.1 The prices stated are total prices including statutory value-added tax. Shipping costs are shown separately.

4.2 For deliveries outside the EU, additional costs such as customs duties or bank fees may apply.

4.3 The available payment methods are displayed in the online shop.

4.4 If advance payment is agreed, payment is due immediately after the conclusion of the contract.

4.5 For certain PayPal payment methods, the Seller assigns its claim to PayPal or a commissioned service provider. A credit check may be carried out before acceptance.

5) Delivery and Shipping Conditions

5.1 Delivery takes place within the specified delivery area to the Customer’s delivery address. For PayPal, the address stored there is decisive.

5.2 Freight goods are delivered “free curbside”.

5.3 If delivery fails for reasons for which the Customer is responsible, they bear the costs incurred.

5.4 For entrepreneurs, the risk passes to the Customer as soon as the goods are handed over to the carrier. For consumers, it only passes upon handover, unless the Customer chooses a carrier not named by the Seller.

5.5 In case of unavailability, the Seller reserves the right to withdraw from the contract. Payments already made will be refunded.

5.6 Self-collection is not possible.

6) Retention of Title

The Seller retains ownership of the goods until full payment of the purchase price.

7) Liability for Defects (Warranty)

7.1 For entrepreneurs, the following applies:
The Seller chooses the type of subsequent performance.
New goods have a warranty of 1 year.
Used goods are excluded.
The limitation period does not start anew with replacement delivery.

7.2 Limitations do not apply in cases of:
Claims for damages,
fraudulent concealment,
building materials,
obligation to provide digital updates.

7.3 Recourse claims remain unaffected.

7.4 Merchants must comply with the inspection and complaint obligations according to § 377 HGB.

7.5 Consumers should report obvious transport damages to the carrier. A failure to do so does not affect their rights.

8) Liability

8.1 The Seller is liable without limitation
in cases of intent and gross negligence,
in cases of injury to life, body, or health,
in cases of warranty promises,
based on mandatory statutory provisions such as product liability.

8.2 In cases of slightly negligent violation of essential contractual obligations, liability is limited to the foreseeable, typical damage.

8.3 Otherwise, liability is excluded.

8.4 The regulations also apply to vicarious agents.

9) Applicable Law

9.1 German law applies, excluding the UN Sales Convention. For consumers, this only applies if their protective rights are not withdrawn.

9.2 The choice of law does not apply to consumers outside the EU with residence and delivery address outside the EU.

10) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Seller Information

Trivando
Am bhf Weinhübel 8
02827 Görlitz
Germany
Email: service@trivando.de
VAT Identification Number: DE453132858