General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Liability
- Redeeming promotional vouchers
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Tripstix GmbH (hereinafter referred to as “we/us”) apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter referred to as "you/ you") with us regarding the goods presented by us in our online shop. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.
1.2 For the purposes of these GTC, you are a consumer if you conclude a legal transaction for purposes that are predominantly neither commercial nor your independent professional activity.
1.3 For the purposes of these General Terms and Conditions, you are an entrepreneur if you are a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of your commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve to enable you to submit a binding offer.
2.2 You can submit the offer using the online order form integrated into our online shop. After you have placed the selected goods in the virtual shopping cart and gone through the electronic ordering process, you submit a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3 We can accept your offer within five days,
- by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by you is decisive, or
- by delivering the ordered goods to you, whereby receipt of the goods by you is decisive, or
- by requesting payment from you after you have placed your order.
If several of the above alternatives apply, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting your offer begins on the day after you submit your offer and ends at the end of the fifth day following the submission of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that you are no longer bound by your declaration of intent.
2.4 If you select a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com
2.5 When you submit an offer via our company's online order form, we will store the contract text after the contract has been concluded and send it to you in text form (e.g., email, fax, or letter) after you have submitted your order. We will not make the contract text available in any other way. If you have set up a user account in our online shop before sending your order, the order data will be archived on our website and can be accessed free of charge via your password-protected user account by entering the relevant login data.
2.6 Before you submit your binding order via our online order form, you can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the zoom function of your browser, which enlarges the display on the screen. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions until you click on the button that completes the ordering process.
2.7 Various languages are available for concluding the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact are usually carried out by email and automated order processing. You must ensure that the email address you provide for order processing is correct so that the emails we send can be received at this address. In particular, if you use spam filters, you must ensure that all emails sent by us or by third parties commissioned by us to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in our withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in our product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which we are not responsible and which must be borne by you. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to you in our online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless we have agreed a later due date with you.
4.5 If you select the “Sofortüberweisung” payment method, payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). In order to pay the invoice amount via “Sofortüberweisung,” you must have an online banking account that is activated for participation in “Sofortüberweisung,” identify yourself accordingly during the payment process, and confirm the payment instruction. The payment transaction will be processed immediately thereafter by Klarna. , identify yourself accordingly during the payment process, and confirm the payment instruction. The payment transaction will be carried out immediately afterwards by Klarna and your bank account will be debited. Further information on the “Sofortüberweisung” payment method can be found on the Internet at https://www.klarna.com/sofort/.
5) Delivery and shipping conditions
5.1 If we offer shipping of the goods, delivery will be made within the delivery area specified by us to the delivery address you have provided, unless otherwise agreed. The delivery address specified in our order processing is decisive for the processing of the transaction.
5.2 If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of delivery if you effectively exercise your right of withdrawal. If you effectively exercise your right of withdrawal, the provisions set out in our withdrawal policy shall apply to the return shipping costs.
5.3 If you are acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally only pass to you when the goods are handed over to you or to a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to you as soon as we have handed over the goods to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment, even if you are acting as a consumer. or the person or institution otherwise designated to carry out the shipment, if you have commissioned the carrier, freight forwarder or other person or institution designated to carry out the shipment and we have not previously named this person or institution to you.
5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper delivery to us. This only applies if we are not responsible for the non-delivery and we have concluded a specific covering transaction with the supplier with due care. We will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you immediately.
5.5 If we offer the goods for collection, you can collect the ordered goods during our stated business hours at the address specified by us. In this case, you will not be charged any shipping costs.
6) Retention of title
If we make advance payments, we reserve title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise specified in the following provisions, the statutory liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:
7.1 If you are trading as a business,
- we have the choice of the type of subsequent performance;
- for new goods, the limitation period for warranty claims is one year from delivery of the goods;
- for used goods, the warranty rights are excluded;
- the limitation period does not start again if a replacement delivery is made under the warranty.
7.2 If you are trading as a consumer, the following clause applies to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects is one year from delivery of the goods if this has been expressly and separately agreed between us and you were specifically informed of the reduction in the limitation period before submitting your contractual declaration.
7.3 The limitations of liability and shortened periods set out above do not apply
- to your claims for damages and reimbursement of expenses,
- in the event that we have fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any obligation on our part to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.
7.4 Furthermore, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected for entrepreneurs.
7.5 If you are trading as a merchant within the meaning of § 1 HGB (German Commercial Code), you are subject to the commercial duty of inspection and notification of defects in accordance with § 377 HGB. If you fail to comply with the notification obligations stipulated therein, the goods shall be deemed to have been approved.
7.6 If you are acting as a consumer, you are requested to complain to the delivery agent about any goods delivered with obvious transport damage and to inform us thereof. Failure to do so shall have no effect on your statutory or contractual claims for defects.
8) Liability
The seller is liable to you for all contractual, quasi-contractual, and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows:
8.1 We shall be liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb, or health,
- on the basis of a guarantee promise, unless otherwise specified in this regard,
- on the basis of mandatory liability, such as under the Product Liability Act.
8.2 If we negligently breach an essential contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless we are liable without limitation in accordance with the above clause. Essential contractual obligations are obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which you may regularly rely.
8.3 Otherwise, any liability on our part is excluded.
8.4 The above liability provisions also apply with regard to our liability for our vicarious agents and legal representatives.
9) Redemption of promotional vouchers
9.1 Vouchers that we issue free of charge as part of promotional campaigns with a specific period of validity and which you cannot purchase (hereinafter referred to as “promotional vouchers”) can only be redeemed in our online shop and only during the specified period.
9.2 Promotional vouchers can only be redeemed by you as a consumer.
9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the content of your promotional voucher.
9.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
9.5 You can only redeem one promotional voucher per order.
9.6 The value of the goods must be at least equal to the amount of the promotional voucher. We will not refund any remaining credit.
9.7 If the value of the promotional voucher is not sufficient to cover your order, you can choose one of the other payment methods we offer to settle the difference.
9.8 The credit balance of a promotional voucher will not be paid out in cash or bear interest.
9.9 The promotional voucher will not be refunded if you return the goods paid for in whole or in part with the promotional voucher within the scope of your statutory right of withdrawal.
9.10 The promotional voucher is transferable. We can make payment with discharging effect to the respective holder who redeems the promotional voucher in our online shop. This does not apply if we have knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of power of representation.
10) Applicable law
10.1 All legal relationships between you and us are governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. If you are acting as a consumer, this choice of law applies only to the extent that it does not deprive you of the protection afforded to you by mandatory provisions of the law of the country in which you have your habitual residence.
10.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
11) Place of jurisdiction
If you are trading as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office. If you are based outside the territory of the Federal Republic of Germany, our place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to your professional or commercial activity. However, in the above cases, we are entitled in any case to bring the matter before the court at your place of business.
12) Alternative dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
