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General Terms and Conditions with Customer Information
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Table of Contents
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1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipment Conditions
6. Reservation of Proprietary Rights
7. Warranty
8. Specific Conditions for Processing Goods According to Customer Specifications
9. Redemption of Gift Vouchers
10. Redemption of Promotional Vouchers
11. Applicable Law
12. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of the company tri-o-logo (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller with regard to the goods presented or requested by the Seller on its website in a similar form. Any terms and conditions of the Customer are hereby expressly rejected unless otherwise agreed.
1.2 These GTC also apply to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 Consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that can mostly not be attributed to their commercial or self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a legal partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions contained in the online shop or on the Seller’s website do not constitute binding offers by the Seller, but rather serve as examples and suggestions for the Customer.
2.2 The Customer can submit one or more inquiries via e-mail on the Seller’s website. After the Customer has made the selected suggestions, received electronic confirmation that they are “feasible,” and confirmed and ordered them, the Customer submits a legally binding contract offer for the products requested in the e-mail.
2.3 The Seller may accept the Customer’s contract offer within three days by sending the Customer a written order confirmation, e.g. by e-mail, including a payment request. The period for accepting the order offer begins to run on the day after the offer is sent by the buyer and ends with the expiration of the third day following the sending of the offer. If the buyer does not accept the Seller’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Seller is no longer bound by his declaration of intent and the offer becomes obsolete.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out via 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/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms of use for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by selecting a payment method offered by PayPal in the online ordering process, the Seller declares acceptance of the order offer in advance.
2.5 The text of the contract will be saved by the Seller after the contract has been concluded and will be transmitted to the Customer in writing (e.g. by e-mail, fax, or letter) after the Customer has placed his order. The Seller does not make the text of the contract accessible beyond this. If the Customer has set up a user account on the Seller’s website before placing his order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer using his password-protected user account and the corresponding login data.
2.6 Prior to submitting a binding order by e-mail, the Customer can identify any input errors by carefully reading the information displayed on the screen. The Customer can correct his inputs using the usual keyboard and mouse functions during the electronic ordering process until he completes the ordering process by sending the ordering e-mail.
2.7 The conclusion of the contract can be in German or English.
2.8 The ordering process and contact will usually take place via e-mail or automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct so that any e-mails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may arise will be indicated separately in the respective product description.
4.2 The payment option/s will be communicated to the Customer on the “Shipping & Payment” website subpage of the Seller’s website.
5) Delivery and Shipment Conditions
5.1 Goods are delivered digitally and by postal delivery to the e-mail address and delivery address specified by the Customer, unless agreed otherwise. The e-mail and delivery address specified in the Customer’s order process shall be the binding address for the processing of the transaction.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred and to be incurred by the Seller as a result. This shall not apply with regard to the costs of dispatch if the Customer effectively exercises his right of withdrawal, if applicable. In the event that the Customer effectively exercises his right of withdrawal, the regulation in the Seller’s withdrawal policy shall apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.
5.4 Gift vouchers will be handed over to the Customer as follows:
– by postal service with seal
if available.
6) Reservation of Proprietary Rights
If the Seller is in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Warranty
7.1 If the purchased item is defective, the statutory warranty provisions shall apply.
7.2 If the Customer acts as a consumer, he is requested to complain to the deliverer about any obvious transport damage and to inform the Seller of this. Failure to comply with this obligation shall have no effect on the Customer’s statutory or contractual warranty claims.
8) Specific Conditions for Processing Goods According to Customer Specifications
8.1 If, according to the content of the contract, the Seller is also obliged to process the goods according to specific customer specifications in addition to delivering the goods, the Customer must provide the Seller with all content necessary for processing, such as data. The Customer declares and bears responsibility for ensuring that he has the right to use the data provided to the Seller (in particular when it concerns personal data of third parties, such as birth information).
8.2 The Customer shall indemnify the Seller against claims by third parties that they may assert against the Seller in connection with a violation of their rights through the contractual use of the Customer’s content by the Seller. The Customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney’s fees in accordance with statutory rates. This shall not apply if the Customer is not responsible for the infringement. In the event that the Customer is required to provide the Seller with all information that is necessary for the examination of the claims and defense in the event of a third-party claim.
8.3 The Seller reserves the right to reject processing orders if the content provided by the Customer violates legal or regulatory prohibitions or is contrary to good morals, or is not justifiable from an ethical point of view from the Seller’s perspective. This applies in particular to the transfer of unconstitutional, racist, xenophobic, discriminatory, insulting, youth-endangering, and/or glorifying violence content. In addition, rejection (possibly time-limited) will occur as soon as an item reserved, already assigned, or earmarked for other purposes. (see also information on NFTs)
9) Redemption of Gift Vouchers
9.1 Promotional vouchers that are issued free of charge by the Seller as part of advertising campaigns with a certain validity period (hereinafter “Promotional Vouchers”) can only be redeemed on the Seller’s website or via e-mail and only within the specified period.
9.2 Individual products can be excluded from the voucher campaign if there is an appropriate restriction in the content of the Promotional Voucher or pricing regulations.
9.3 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the merchandise should at least correspond to the amount of the promotional voucher, if a value is stated. Any remaining balance will not be refunded by the Seller, but can still be redeemed/cashed in.
9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.
9.7 The credit on a promotional voucher will not be paid out in cash or be subject to interest.
9.8 The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
10) Redemption of Gift Vouchers
10.1 Gift vouchers that can be purchased through the Seller’s online shop/website (hereinafter “Gift Vouchers”) can also only be redeemed there, unless the voucher states otherwise.
10.2 Gift vouchers and balances on gift vouchers are valid as long as tri-o-logo exists. Any remaining balance will be credited to the Customer.
10.3 Gift vouchers can only be redeemed before the order is completed. Subsequent offsetting is not possible.
10.4 Multiple gift vouchers can be redeemed for one order.
10.5 Gift vouchers can only be used to purchase goods and not to purchase other gift vouchers.
10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to balance the value.
10.7 The credit on a gift voucher will not be paid out in cash or be subject to interest.
11) Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply to the exclusion of the laws governing the international sale of movable and digital goods. This choice of law only applies to consumers to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
12) Alternative Dispute Resolution
12.1 The EU Commission provides an internet platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court dispute resolution for disputes arising from online purchase or service contracts involving a consumer.
12.2 The Seller is not obligated to participate in a dispute resolution procedure before a consumer arbitration board.