General Terms and Conditions of Trikotexpress - valid from 14.03.2008
§ 1 Scope
Only the following General Terms and Conditions as amended at the time of the purchase order apply to the business relation between Trikotexpress, A. Hache, Heideweg 29, 01814 Rathmannsdorf (hereinafter referred to as Trikotexpress) and Buyer. Trikotexpress will not accept any deviating conditions of Buyer unless Trikotexpress has expressly agreed in writing.
§ 2 Partners to the contract
Trikotexpress is operated by Annemarie Hache, Heideweg 29 in 01814 Rathmannsdorf. If a contract is concluded (see § 3), Trikotexpress shall be the Buyer's partner to the contract.
§ 3 Conclusion of the contract
By his purchase order, Buyer submits a binding offer to conclude a contract, to Trikotexpress. The purchase contract is caused by Trikotexpress accepting the purchase offer of Buyer, by the dispatch of the good or by express acceptance (e-mail notification of dispatch or e-mail acceptance with advance payment, respectively). The automatic confirmation e-mail to Buyer after the receipt of the purchase order does not constitute an acceptance by Trikotexpress. It only confirms that Trikotexpress received the offer of Buyer to purchase.
The text of the contract is stored. Buyer at any time is able to visualise or download Trikotexpress`s General Terms and Conditions on this site. For security reasons, the purchase order data of Buyer can not be called on the Internet and are treated confidential in accordance with Trikotexpress`s provisions on data protection.
Instructions on cancellation
§ 4 Instruction on Buyer's right of withdrawal
You are entitled to cancel your offer to conclude the contract within 14 days with no necessity to state reasons, in text form (e.g. by letter, fax, or e-mail), or if having received the good before the end of this period by returning the good. This period starts on receipt of these instructions in text form, but not before the entry of the product by the receiver (by the returning delivery of goods of the same kind not before receipt of the the first part order) and also not before completion of our duty to supply informations in sense of article 246 section 2 in connection with section 1 subsection 1 and 2 EGBGB (Civil Code) and also not before completion of our duties in sense of section 312e subsection 1 phrase 1 BGB (Civil Code) in connection with article 246 section 3 EGBGB (Civil Code). For the protection of the cancellation term the timely sending of the cancellation or the good is enough.
The cancellation has to be addressed to:
|Address where also court documents can be served to:||Trikotexpress, A. Hache|
|D - 01814 Rathmannsdorf|
|Phone||+49 (0) 1805 - 369696 |
(14ct/min from the german network/max. 42ct/min from german mobile phone net)
The right of withdrawal does not exists for buyers that are entrepreneurs in the sense of section 14, subsection 1 BGB (Civil Code) which are acting in the performance of their business or freelance activity.
The right of withdrawal also does not exist for any goods made or assembled especially in accordance with customer requirements. Thus, no right to cancel exists e.g. for bike wear with special custom made design.
§5 instruction to the cancellation results
In case of an effective cancellation the mutually received achievements are to recompensed and if necessary pulled uses (interest) are to be issued. If the customer cannot return all the achievements received by trikotexpress or only in a worse condition, if neccecary the customer has to achieve value compensation to trikotexpress. In case of surrendering the good this is not valid if the deterioration of the product is based exclusively on a check - e.g. like it is possible for you to try the good in a retail shop. For the rest, the customer can avoid his duty to value compensation in case of an deterioration through the designated putting into use of the good, while he does not take the good in use like an owner and if he omits everything what affects its value.
Mailable goods are to be sended back as insured and registrated airletter to our risk to the adress:
D - 01814 Rathmannsdorf
You have to bear the costs of return if the delivered goods meets the ordered goods and if the value of the returned goods do not exceed 40,- € or in the case the value exceeds 40,- € but you do not have done your achievements or a contract agreed hire-purchase till the time of cancellation. Otherwise the return is free. For all returns which come from abroad, our customers have to pay the shipping cost of this return themselves irrespective of the value of the returned goods. Goods which are not mailable are fetched with you.
Obligations to the refunding of payments have to be achieved within 30 days. For you this period starts with the sending of your cancellation or the sending of the good, for us with the receipt of one of these.
End of instructions on cancellation
§ 6 Delivery, later delivery
If not otherwise agreed, the delivery will be made to the delivery address indicated by Buyer. Any statements about the term of delivery are unbinding unless the date of delivery is stated bindingly in exceptional cases.
In individual cases, Trikotexpress offers to Buyer that a product not available at this time will be sent to Buyer on a later date, as soon as available (later delivery). Buyer, with later deliveries, will not pay any further shipping cost or fees for cash on delivery.
§ 7 Exchange
Trikotexpress is not obligated to exchange faultless goods. Trikotexpress will normally comply with the request of Buyer to exchange, as far as it is possible. Trikotexpress shall be entitled to claim additional shipping cost for the 2nd shipment. The right of Buyer to cancel (compare §4 and §5) is not limited or excluded in any way by this provision.
§ 8 Payment
Buyers from Germany can pay Trikotexpress by cash in advance / is able to do transfer, cash on delivery, credit card (visas, Eurocard; American express) or immediate transfer with PIN/TAN pay. Abroad we ask our customers to pay exclusively by credit card or precash and to note please by transfer that the full invoice amount on the account of Trikotexpress comes. Attacking bank fees go to loads of the customer.
The account for the transfer in tricot express train is informed of the customer with the order confirmation. On credit card payments the load occurs immediately with the order through the customer.
§ 9 Due date and delay
The purchase price will become due immediately on the conclusion of the contract. If Buyer is delayed with paying, Trikotexpress is entitled to charge interest on defaulted payment.
§ 10 Reminder fees
If Buyer does not pay the purchase price after the first reminder, Trikotexpress is entitled to charge a reminder fee of 3 EUR for the second reminder.
§ 11 Set-off, right of retention
Buyer shall only be entitled to offset if Buyer's counterclaims are res judicata or acknowledged by Trikotexpress. In addition, Buyer shall only be entitled to exercise Buyer's right of retention if Buyer's counterclaim is based on the same contractual relation.
§ 12 Retention of title
The good remains the property of Trikotexpress until full payment.
§ 13 Warranty for defects and liability
The statutory warranty conditions shall apply. The warranty period is 2 years and commences on handing over the good. The warranty claims of Buyer are limited to subsequent compliance (removal of defects or replacement) in the first place.
Unless otherwise stated below, any further claims of Buyer are excluded, irrespective of which cause in law. Trikotexpress therefore shall not be liable for losses not incurred at the supplied good itself. Notably, Trikotexpress shall not be liable for lost profit or other economic loss of Buyer. To the extent to which the liability of Trikotexpress is excluded or limited, this shall also apply for the personal liability of employees, agents and vicarious agents.
The above limitation of liability shall not apply if the cause for the loss is based on intent or gross negligence or if injury of life, body, or health is involved. Also, the limitation of liability shall not apply if Buyer raises claims based on §1, §4 Produkthaftungsgesetz (product liability act). Furthermore, the limitation of liability shall not apply at breach of a significant contractual duty.
§ 14 Data protection and data security
Your personal data, such as credit card number, postal code, bank account number, name, and address entered in the scope of the purchase order will be encoded and therefore secured against unauthorized access on the Internet. Trikotexpress uses a safe transfer process, the so-called "Secure Socket Layer" (SSL) transfer to process customer data.
By placing the purchase order, Buyer declares to agree that Trikotexpress stores, processes, and uses in the scope of the customer relation Buyer's personal data contained in the purchase order. Trikotexpress will not pass on Buyer's personal data to third parties.
§ 15 Applicable law
The entire legal relation between Buyer Trikotexpress is based on the German law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.