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Terms and Conditions
Shop owner/operator information:
Lüneburger Str. 30
Telefon: +49 461 909 64 01
Telefax: +49 461 481 60 63 0
Vertretungsberechtigter Geschäftsführer: Karsten Schachne
Registergericht: Amtsgericht Hamburg
Registernummer: HRB 109682
1.1. Valid for all our goods and services are the following General Terms and Conditions, unless otherwise expressly agreed.
2. Conclusion of the Contract
2.1 All ours offers shall be non-binding. A contract shall first become valid upon written confirmation of the order or delivery by Trinkuhr GmbH, Lüneburger Straße 30, D 21073 Hamburg. The terms of contract are subject to the written order confirmation of the supplier. Dispatch shall be carried out exclusively by 17111 Transit Fulfilment & Logistik GmbH & Co. KG, August-Borsig-Str. 11, D 24783 Osterrönfeld.
2.2 All information on our products, particularly all information regarding the quality and other technical data only indicate the subject matter of the contract and are only approximate information. These are not explicitely binding.
2.3 Warranted characteristics shall be explicitely indicated as such. The characteristics of requested samples and models are not warranted, unless otherwise expressly agreed.
2.4 Prices shall be given inclusive of sales tax.
3. Delivery Terms and Dates
3.1 Delivery dates and terms shall only be binding when they have been confirmed in writing by Trinkuhr GmbH and the buyer has provided all information necessary for the execution of the delivery on time and has paid the amount due according to the terms of the contract. Arranged terms shall begin on the date of the order confirmation.
3.2 Events that are unforeseen, unavoidable, out of the control of Trinkuhr GmbH and otherwise beyond the responsibilities of Trinkuhr GmH such as an act of God, war, or other natural catastrophes shall release Trinkuhr GmbH from its responsibility for a timely delivery or service for the duration of the event. Arranged terms shall be automatically extended for the duration of the disturbance; the buyer will be appropriately informed in the advent of a disturbance. If the end of the disturbance is not foreseeable or lasts longer than two months, each party shall have the right to withdraw from the contract.
3.3 If the ordered items are unavailable at the time of the planned delivery, Trinkuhr GmbH shall have the right to withdraw from the contract. Trinkuhr GmbH shall inform the buyer as soon as it has been determined that delivery is not possible.
3.4 If delivery from Trinkuhr GmbH is delayed, the buyer shall only have the right to withdraw if Trinkuhr GmbH is responsible for the delay and a reasonable delivery window as determined by the buyer has elapsed.
3.5 If the buyer defaults in acceptance or violates other obligations to cooperate, Trinkuhr GmbH, regardless of its other rights, shall have the right to store the ordered goods appropriately and at the risk and cost of the buyer.
3.6 Trinkuhr GmbH shall have the right to allow partial deliveries within reason. In this instance, Trinkuhr GmbH earmark the remaining items to be delivered at a later time so long as the buyer has not been notified differently.
4. Right of revocation
You may declare the revocation of your contractual statement in text form (e.g. letter, fax, email) or by returning the merchandise within the expiring date. The revocation does not have to contain any grounds. We will forward this revocation instruction to you again in text form. The revocation period commences the day following the receipt of merchandise and this revocation instruction in text form according to German law § 312 c par. 2 BGB in connection with § 1 par. 1, 2 and 4 BGB-InfoV and § 312 e par. 1 sentence 1 BGB in connection with § 3 BGB-InfoV. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment.
The revocation per letter or purchased goods are to be addressed to:
Lüneburger Str. 30
Per Fax. to:
00494331 8095 777
(cost: 0.14 EUR land line phone in Germany/ cellular phones may differ)
Per Email to: firstname.lastname@example.org
Consequences of revocation
In case of a valid revocation, all mutually received performances are to be restituted by either side and utilisation or advantages of use and of resources are to be released where applicable. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store. Incidentally you can avoid your obligation to compensation for lost value by putting the merchandise to intended use by not taking the merchandise into use as if it were your property and refrain from impairing its value in any way. Things that can be shipped by parcel are to be returned on our risk. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty EUR or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. All reimbursement obligations must be fulfilled within 30 days. Your time limit of the declaration of revocation starts at your posting your revocation or at our reception of the merchandise.
End of revocation instruction
5. Shipping, Passing of Risk, Insurance
5.1 So long as the buyer has made no other provisions to the contrary, shipping shall be carried out through an appropriate shipping method and in the normal packaging.
5.2 With the handover of the ordered goods to the shipping company or to the buyer, the risk shall be transferred to the buyer. If the handover or shipping is delayed for reasons within the buyer's control, the risk shall be transferred to the buyer on the day upon which notice is given of the shipping readiness of the ordered goods.
5.3 Insurance shall only be carried out at the wish and cost of the buyer.
6. Prices, Payment Terms and Conditions
6.1 All prices stated by Trinkuhr GmbH shall cover only the goods "as is" in the 17111 Transit Fulfilment & Logistik GmbH & Co. KG distribution center and include the appropriate VAT. Costs for packaging and shipping shall not be included and will be added to the invoice. The buyer shall be responsible for all possible additional costs, e.g. public fees like custom duties for an imported item.
6.2 All invoices from Trinkuhr GmbH shall be paid completely immediately of the date stated on the invoice. Failure to pay within 30 days shall constitute default. If Trinkuhr GmbH explicitly stated a different period of payment, the buyer shall be in default upon failure to pay within this period. If the buyer fails to pay for any item and therefore defaults on payment, all outstanding debts to Trinkuhr GmbH shall be due immediately. Failure to pay these debts within 14 days shall constitute default on these debts. No payment of the buyer shall be considered complete until Trinkuhr GmbH has full disposal over the complete amount paid.
6.3 In case of default after non-payment of items by the buyer, Trinkuhr GmbH shall be entitled to charge the legal default interest rate. The assertion of further claims to damages caused by default shall not be affected.
6.4 Drafts and checks shall only be accepted upon prior agreement and only on account of performance. Trinkuhr GmbH shall only accept drafts and checks if at no cost to Trinkuhr GmbH.
6.5 The buyer shall only be entitled to set-off claims, if his counterclaim is undisputed or has been legally determined.
6.6 The buyer shall only be entitled to assert a right of retention, if his counterclaim is based on the same contract and has not been disputed, or has been legally determined.
6.7 If Trinkuhr GmbH has reason to question the financial capability of a buyer after concluding a contract, Trinkuhr GmbH shall be entitled to claim advance payment or a security before shipping any undelivered items. If the buyer cannot pay in advance or provide a security within an appropriate period of time, Trinkuhr GmbH shall be entitled to withdraw partly or completely from one or all of the contracts in question. The assertion of further claims by Trinkuhr GmbH shall not be affected.
7. Retention of Title
7.1 Any delivered items shall remain property of Trinkuhr GmbH until all outstanding claims resulting from the transaction with the buyer have been fully paid.
7.2 On open account, the retention of title shall be considered as collateral to Trinkuhr GmbH claim on balance.
7.3 The buyer has no right to sell any products under retention of title (products under reservation).
7.4 The buyer shall not be entitled to pledge products under reservation, to use them as security or to deal in any other way with them that might infringe the property rights of Trinkuhr GmbH.
7.5 The buyer shall at all times provide all requested information regarding products under reservation or any claims which were assigned to Trinkuhr GmbH according to this agreement. The buyer shall immediately report any third party access or claim to products under reservation to Trinkuhr GmbH and provide any relevant documents. Furthermore, the buyer shall inform the third party about the retention of title by Trinkuhr GmbH and the principal. All expenses to disclaim such accesses and claims shall be paid by the buyer.
7.6 The buyer shall be responsible to handle products under reservation with utmost care so long as they are under retention of title.
7.7 If the real value of securities is more than 10 percent higher than all claims of Trinkuhr GmbH for which these securities are given, the buyer shall have the right to claim release of the products.
7.8 If the buyer fails to fulfill important liabilities such as payments to Trinkuhr GmbH, Trinkuhr GmbH shall have the right to demand the return of products under reservation without affecting other rights, and shall further have the right to use such products in order to settle any due claims against the buyer. In this case the buyer shall provide Trinkuhr GmbH or its agent immediate access to products under reservation and hand over such products. If Trinkuhr GmbH demands the return of products in accordance with this term, such demand shall not nullify the contract.
7.9 If deliveries are sent to locations with different legal systems in which the preceding terms as to retention of title shall not provide similar security as in Germany, the buyer shall pledge himself to do all in his might to grant equivalent security and rights to Trinkuhr GmbH without any delay. The buyer shall cooperate in all measures such as registration, publication, etc. which might be necessary and helpful in order to attain such securities and rights.
7.10 At the request of Trinkuhr GmbH, the buyer shall pay for appropriate insurance for products under reservation, provide evidence of such insurance to Trinkuhr GmbH and assign any claims arising from such insurance contracts to Trinkuhr GmbH.
8. Warranty, Obligation to Inspection
8.1 In order to retain warranty claims, the buyer shall be obliged to inspect any delivered item upon delivery and to inform Trinkuhr GmbH about any defects in writing without delay and not later than within one week after delivery. Hidden defects shall immediately be reported to Trinkuhr GmbH upon discovery in writing. In stating defects, the buyer shall be obliged to provide details as to the date of delivery, the shipping method, a description of the item and the number of the relevant invoice.
8.2 In case of a warranty claim, Trinkuhr GmbH shall have the right to inspect and examine the item in question. The buyer shall grant Trinkuhr GmbH the necessary time and opportunity to do so. Trinkuhr GmbH shall have the right to demand a return of the item in question at the cost of Trinkuhr GmbH.
8.3 If the delivered item is defect and the buyer has a rightful warranty claim, Trinkuhr GmbH shall have the right to deliver a non-defect item in replacement at its own cost.
8.4 If Trinkuhr GmbH fails to honor warranty claims within an appropriate period of time determined by the buyer or if the supplementary performance is unacceptable to the buyer or if Trinkuhr GmbH refuses to honor a warranty claim according to German civil law (§ 439 paragraph 3 BGB), the buyer shall have the choice to withdraw from the contract or to reduce the price or to claim damages in accordance with Clause 8 of this agreement or to demand a compensation of his costs.
8.5 The limitation for warranty claims shall be 12 months after delivery of the item to the buyer. The right of recourse according to German civil law (§§ 478, 479 BGB) shall not be affected.
9. Liability and Compensation
9.1 Subject to the provisions in 8.2 of this document, the legal liability of Trinkuhr GmbH for compensation shall be limited as follows:
(i) Trinkuhr GmbH shall be liable for a negligent breach of fundamental terms of this contract within the limits of a reasonably predictable damage at the time the contract was made.
(ii) Trinkuhr GmbH shall not be liable for a slightly negligent breach of non-fundamental terms of this contract.
9.2 The aforementioned limitation of liability shall be null and void in case of legally determined liability (especially according to law of product liability) as well as in case of a guarantee or culpably caused bodily harm.
9.3 The buyer shall have the duty to take measures to avoid and minimize damage.
10. Return of non-defect items (Returns)
10.1 Returns shall only be allowed upon prior agreement in writing by Trinkuhr GmbH or a relevant agent at the risk and cost of the buyer. Returns shall be made to the delivery center of 17111 TRANSIT FULFILMENT & LOGISTIK GMBH & CO. KG.
10.2 All returns shall carry a copy of the agreement by Trinkuhr GmbH or its relevant agent. In addition, the buyer shall state the date of delivery, the shipping method, a description of the item and the number of the relevant invoice.
10.3 Trinkuhr GmbH shall issue a credit note for returns.
10.4 Trinkuhr GmbH shall compensate open claims against the buyer after mailing a statement of credit to the buyer.
11. General Terms
11.1 Any change or addition to this contract and / or these terms of delivery as well as any further agreements shall only be made in writing, including any changes to this clause about changes in writing.
11.2 If any clause of the contract and / or these terms of delivery is partly or completely void, the validity of the other clauses shall not be affected.
11.3 This contract shall be made according to the law of the Federal Republic of Germany excluding the terms of the United Nations Convention on Contracts for the International Sale of Goods (CISG). WARNING: This English translation has been provided for use by the customer. Only the German Terms and Conditions are legally binding for all transactions and these are not affected by this translation!