General Terms and Conditions and Customer Information of troniTAG GmbH

I. Validity of the terms and conditions

All purchase and delivery contracts are based on our general terms and conditions. Any conflicting or supplementary terms and conditions of the customer and verbal side agreements are only binding for us if we have confirmed them in writing.


Contract conclusion

A contract is concluded through an offer and the acceptance of the offer. In the case of confirmation of dispatch by email, the contract is concluded when the email is sent, but no later than when the goods are delivered to the customer. Unless otherwise specified, our offers, in accordance with the order data provided to us, are binding for 10 working days and are otherwise subject to change. Incomplete or ambiguous information in the order/commission that leads to incorrect deliveries shall be borne by the customer. The item number of our company is decisive for all deliveries. Any subsequent changes requested by the customer will be charged to them. Order changes and cancellations for goods that are already in production or delivery are not possible. Illustrations, dimensions, and weight specifications in information and advertising materials are non-binding. We reserve the right to make printing errors, mistakes, and changes, in particular technical changes to improve the product.


Software support and maintenance

The software support provided to the customer by troniTAG GmbH and the performance of maintenance work must be agreed separately.


Prices

All prices are subject to change and are quoted ex works, excluding packaging and shipping costs and statutory value added tax. As our products are primarily intended for commercial customers, we have listed net prices.


Delivery times

All goods will be manufactured and made available as quickly as possible. Information about delivery times is to be understood as estimated delivery times (applies to orders outside of online shops). Claims for damages due to non-fulfillment or delayed delivery are excluded. The customer may not reject partial deliveries.


Shipping and transfer of risk

For commercial customers, the risk is transferred to the customer when the goods are handed over to the forwarding agent or carrier, but no later than when they leave our shipping locations. For deliveries to end consumers, as defined in § 13 BGB (German Civil Code), the transfer of risk occurs at the time of handover or delivery to the customer. The shipping method and packaging are at our discretion, without any liability being assumed, except in cases of intent and gross negligence. Express costs or special requests (rail express, express parcel), among other things, shall be borne by the buyer.
 


Property right


Current account/balance clause:

troniTAG GmbH retains ownership of the goods until all claims of the seller against the buyer arising from the business relationship have been settled. This also applies if individual or all claims of troniTAG GmbH have been included in a current invoice and the balance has been struck and acknowledged. troniTAG GmbH undertakes to release the securities to which it is entitled at the customer's request insofar as the realizable value of the securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is at the discretion of troniTAG GmbH.

Likewise, the seller retains title to the goods reserves the right to exercise its statutory right of withdrawal after setting a reasonable deadline in the event of improper performance of obligations. The same applies in the event of a breach of ancillary obligations, in particular through improper handling of the purchased item by the buyer, if adherence to the contract is unreasonable for the seller.

Translated with DeepL.com (free version)


Extended retention of title in the event of resale:

In the event of resale of the goods subject to retention of title by the buyer, the buyer hereby assigns to the seller all claims arising from this transaction. Such assignment shall apply both to the sale of unprocessed goods subject to retention of title and in the event of processing or combination with items exclusively owned by the buyer. If the goods subject to retention of title are sold after processing or combination together with goods that are not the property of troniTAG GmbH, the buyer hereby assigns the claims arising from the resale in the amount of the value of the goods subject to retention of title with all ancillary rights and priority over the rest. The buyer is authorized to collect the claims even after assignment. The authority of troniTAG GmbH to collect the claims itself remains unaffected by this, but it undertakes not to exercise its right as long as the buyer duly fulfills its contractual obligations. troniTAG GmbH may demand that the buyer disclose the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents, and notify the debtors of the assignment.


Check/bill of exchange clause:

If, in connection with the payment of the purchase price by the buyer, troniTAG GmbH incurs liability under a bill of exchange, the retention of title and the underlying claim from the delivery of goods shall not expire before the bill of exchange has been honored by troniTAG GmbH as the beneficiary.


Printed matter

Sketches, drafts, sample typesetting, test prints, samples, and similar preparatory work carried out on behalf of the customer will be charged. The customer must check the contractual conformity of the preliminary and intermediate products sent for correction. The risk of any errors shall pass to the customer upon approval of the print, unless the errors are caused by technical defects in production. This also applies to other approvals by the customer for further production. In the case of color reproductions in all printing processes, minor deviations from the original cannot be objected to. Excess or short deliveries of up to 10% of the ordered print run cannot be objected to. The quantity delivered will be invoiced. We accept no liability for print templates that are lost in transit. Delivered print templates will be adapted to the available print format.


Right of withdrawal for consumers

The consumer has a right of withdrawal in the case of a distance contract (cf. § 312 b BGB). (A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.)


Cancellation policy


Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day;
  • on which you or a third party named by you, who is not the carrier, took possession of the goods, provided that you ordered one or more goods as part of a single order and these are delivered as a single delivery;
  • on which you or a third party designated by you, who is not the carrier, took possession of the last goods, provided that you ordered several goods as part of a single order and these are delivered separately;
  • when you or a third party designated by you, who is not the carrier, has taken possession of the last partial shipment or the last item, provided that you have ordered goods that are delivered in several partial shipments or items;
To exercise your right of withdrawal, you must inform us

(Im Geer 15, 46419 Isselburg) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of withdrawal:

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send or hand over the goods to us before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.

Reasons for exclusion or expiry:

The right of withdrawal does not apply to contracts
 
  • for the delivery 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;
  • for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
  • for the delivery of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which cannot be delivered until at least 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
  • for the delivery of newspapers, magazines, or illustrated magazines, with the exception of subscription contracts.

The right of withdrawal expires prematurely in the case of contracts
  • for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
  • for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery;
  • for the delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.


Sample withdrawal form
(If you wish to cancel the contract, please fill out this form and return it.)
  • To troniTAG GmbH, Im Geer 15, 46419 Isselburg, Germany:
  • I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
  • Ordered on (*)/ received on (*)
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only for paper notifications)
  • Date

(*) Delete as applicable.


Right of withdrawal/right of return (for commercial buyers)
Commercial buyers generally have no right of return or withdrawal. In the event of incorrect deliveries, returns may only be made after consultation with us. In the case of incorrect deliveries, telephone orders are excluded from return, as there may have been a transmission error. Returns without our written consent will not be accepted and will be returned at the sender's expense. For returns of incorrectly ordered goods, we charge 10% of the value of the goods as a processing fee.


Defects and warranties
The buyer must inspect the goods and report any defects immediately, within 8 working days of receipt, in writing (e.g., by email). Defects in part of the delivered goods do not entitle the buyer to reject the entire delivery.

Hidden defects must also be reported in writing immediately, at the latest 8 working days after discovery. For commercial buyers, the limitation period for warranty claims is one year.The buyer must inspect the goods and report any defects immediately, within 8 working days of receipt, in writing (e.g., by email). Defects in part of the delivered goods do not entitle the buyer to reject the entire delivery.

Hidden defects must also be reported in writing immediately, at the latest 8 working days after discovery. For commercial buyers, the limitation period for warranty claims is one year.

The end user may lodge a complaint within the statutory warranty period. Minor deviations in quality, color, weight, etc. that are customary in the trade or technically unavoidable do not justify a complaint. The seller may use unjustified complaints as grounds to demand reimbursement of costs incurred from the buyer. If the complaints are justified, troniTAG GmbH will, after examination, at its own discretion, either repair the goods or provide a full replacement. The buyer may demand rescission of the contract if the repair or replacement delivery fails, or if the seller unjustifiably refuses to remedy the defect or provide a replacement delivery, or is in default with doing so, and the buyer has set a reasonable grace period which has expired without result. The liability for defects does not apply to natural wear and tear, damage resulting from faulty or negligent handling, excessive strain, or other influences for which troniTAG GmbH is not responsible after the transfer of risk. Losses or damage caused during transport must be reported by the recipient to the carrier, even if there is no visible damage to the packaging. The seller under reservation of title excludes any liability for damage resulting from the use of electronic devices, software, and similar items.
 


Damages

The customer's claims are governed by the general statutory provisions, unless expressly agreed otherwise.

The supplier shall be liable without limitation for damages resulting from injury to life, limb, or health, insofar as it has fraudulently concealed a defect or has assumed a guarantee for the quality of the purchased item, in all cases of intent and gross negligence, for damages under the Product Liability Act, or insofar as otherwise required by law.
 


Drawings/documents/copyrights

We reserve our property and copyrights to offers, drawings, samples and other documents. They may not be made accessible to third parties without our consent. The orderer assumes the liability for the fact that we do not infringe any rights of third parties with the execution of the order (in par - ticular property rights, copyrights and reproduction rights). It can refer to goods of troniTAG GmbH in a suitable form.
 

Payment

The customer will receive an invoice including VAT (if appli - cable).  The invoice is sent in electronic form by email.  If requested by the customer, the invoice can be sent by post. The payment of the purchase price is principally made with our terms of payment in advance or 14 days net. Unlawful deductions such as excessive cash discount, deduction of cash discount outside of the cash discount deadline, deductions for packaging, deductions for postage or other reductions, which we have not approved, shall continue to exist as open items and will be collected. In case of default of payment dunning fees will be charged in the amount of € 5/dunning letter (with the exception of the first reminder) plus postage codes as well as interest on default in line with the statutory provisions.

After the unsuccessful expiry of the payment deadline which is set with the 3rd dunning letter our claim can be handed over to a debt collection company. At the same time further deliveries shall exclusively be made against pre-payment. If in case of default of payment by troniTAG GmbH a debt collection office is commissioned with collecting the claim then the buyer has to bear the costs incurred from this commission. The following applies to agreed instalment payments: If the debtor is in arrears with the payment of one instalment by two weeks then the total still outstanding residual amount is due and payable immediately.
 

Choice of law, place of performance, place of jurisdiction

(1) German law shall apply under the exclusion of the UN Con - vention on the International Sale of Goods. With consumers this choice of law shall only apply insofar as the protection granted hereby is not revoked by mandatory provisions of the law of the state of the consumer’s customary place of stay (benefit of the doubt principle).

(2) The place of performance for all services from the business relationships existing with the provider as well as the place of jurisdiction is the registered seat of the provider insofar as the customer is not a consumer, but a merchant, legal entity under public law or special assets under public law.

​​​​​​​The same shall apply if the customer has no general place of jurisdiction in Germany or the EU or the place of residence or customary place of stay is not known at the time when the action is filed. The authorization to also bring the matter before the court at another legal place of jurisdiction remains unaffected hereby.
 

Important instruction

We have stored your address in our IT system. Please inform us of changes to your address. Insofar as you do not agree with the storage of your data we will arrange for the immediate deactivation. Orders of less than € 10 net cannot be carried out. In case of an order value of less than € 50 net a surcharge for shortfall in quantity of € 5 will be charged. The signature of the legal guardians is necessary in case of customers who are aged less than 18 years old. In case of special productions we are principally entitled to carry out surplus and shortfall in deliveries due to productions up to 10%; individual tolerances shall apply to several products.

The afore-mentioned business terms are binding under all circumstances and cannot be changed by announcement of your own terms of purchase. Should individual provisions of these General Business Terms be or become legally invalid in full or in part this shall have no effect on the validity of the other provisions. The law of the Federal Republic of Germany shall apply to all legal relations between the customer and us, in particular the BGB [Civil Code], particularly §§ 305 ff BGB (General Business Terms) and the HGB [Commercial Code].

This publication is protected by copyright. All rights reserved. The use of text, photos and / or drawings – even in extracts and / or modified – is considered a copyright infringement without written approval from troniTAG GmbH and hence a criminal act.

This applies in particular to duplication, translation and / or use with data processing equipment.

This publication contains incorporated patents, utility patents, design patents and brand names and even though they are not marked as such, the corresponding protection provisions apply. Accuracy of colour of any images cannot be guaranteed.

II. Customer Information

1. Identity of the seller

troniTAG GmbH
Im Geer 15
46419 Isselburg
Germany
Phone: +49-2874-910711
e-mail: info@tronitag.com
 

2. Information regarding the close of contract

The technical steps regarding the close of contract, the close of contract itself and the option to make changes result from clause “Conclusion of contract” of our general business terms (part I.).
 

3. Contract language, storage of wording of contract

3.1. Contract language is English

3.2. The complete wording of the contract will not be saved by us. Before placing the order in our online shop system you can either print the contract data by using the print option of your browser or save them electronically. Following our receipt of your purchase order we will send you the order data, the statutory information for distance selling contracts and the general business terms once again by e-mail.

3.3. When enquiring about products or services outside of our online shop system you will receive all contract data together with a formal and generally binding offer by e-mail, which you can print or save electronically.
 

4. Essential features of goods or services.

The essential features of the goods and services are listed in the product description and further information on our website.
 

5. Prices and payment terms

5.1. The prices contained within our quotations as well as the delivery costs are net prices.

5.2. Shipping and handling charges are not included in the purchase price.

5.3. Available payment methods are shown on our home page by clicking on the corresponding button or specified in the relevant product description site.

5.4. Unless otherwise specified payment becomes due imme - diately after close of contract.
 

6. Shipping Terms

6.1. Shipping terms, delivery time as well as possible delivery limitations are shown on our home page by clicking on the corresponding button or in the relevant product description site.

6.2. As far as you are a consumer, it is written law that responsibility for any loss or damage in transit passes to you when the goods are received, irrespective of whether the goods are insured. As the contractor, the shipping and delivery are at your own risk.
 

7. Legal liability for defects of goods

7.1. The liability for defect of goods complies to our rules “warranties” as shown in our “General Business Terms (part I).

7.2. As a consumer you are kindly requested to check the delivery for completeness, obvious defects and damage in transit and inform us as well as the transportation company as quickly as possible. Failure to do so does not affect your statutory rights.

 



Edition: 01.10.2016
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