General Terms and Conditions with Customer Information
Table of Contents
ScopeConclusion of ContractRight of WithdrawalPrices and Payment ConditionsDelivery and Shipping ConditionsRetention of TitleLiability for Defects (Warranty)LiabilityApplicable LawAlternative Dispute Resolution
1) Scope
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 displayed by the Seller in his online shop. The inclusion of the Customer’s own conditions is hereby objected to unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not represent binding offers on the part of 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 for the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by email, fax, online contact form, post, or telephone.
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 placing the order. If several of the aforementioned alternatives exist, 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 at the end of the fifth day. If the Seller does not accept the offer within the period, it is considered rejected.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., under the PayPal terms of use. If the Customer pays using a PayPal payment method, the Seller already declares acceptance of the Customer’s offer at the time the Customer clicks the order button.
2.5 When selecting the “Amazon Payments” payment method, 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 sent to the Customer in text form after sending the order. No further provision is made. If a user account is available, order data can be viewed there.
2.7 Before submitting the order, the Customer can correct their entries. A technical aid can be the browser’s zoom function.
2.8 Different languages are available for the conclusion of the contract, as indicated in the online shop.
2.9 The order processing is carried out via email. The Customer is obliged to provide a correct email address and 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 cancellation policy.
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 Conditions
4.1 The prices indicated are total prices including statutory VAT. 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 upon conclusion of the contract.
4.5 For certain PayPal payment methods, the Seller assigns his 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 is made within the specified delivery area to the Customer’s delivery address. For PayPal, the delivery address stored there is decisive.
5.2 Freight forwarding goods are delivered “free curbside.”
5.3 If delivery fails for reasons attributable to the Customer, they bear the incurred costs.
5.4 For entrepreneurs, the risk passes to the Customer as soon as the goods are handed over to the carrier. For consumers, only 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 Seller chooses the type of supplementary performance. New goods have a 1-year warranty. Used goods are excluded. The limitation period does not restart with replacement delivery.
7.2 Restrictions do not apply to: 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 notification obligations under § 377 HGB.
7.5 Consumers should report obvious transport damages to the deliverer. Failure to do so does not affect their rights.
8) Liability
8.1 The Seller is liable without limitation for intent and gross negligence, for injury to life, body, or health, for guarantee promises, due to mandatory statutory provisions such as product liability.
8.2 For slightly negligent breaches 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 protection 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
TrivandoAm bhf Weinhübel 802827 GörlitzGermanyEmail: service@trivando.deVAT Identification Number: DE453132858
