General Terms & Conditions for Private Customers



This comprises the general vendor information and references to the existence of the contract, the cancellation policy and the general trading conditions of TROTEC® GmbH & Co. KG for a purchaser acting as a consumer in a purely private interest.


Conclusion of contract with TROTEC® for normal purchasing.

As the vendor for this particular range of products in the internet shop, TROTEC®makes a non-binding offer to potential buyers for these articles which will result in a contractual obligation to purchase the articles/services on offer. By clicking on the corresponding button, the potential buyer may add the desired article to his virtual shopping basket. The articles which have been placed in the virtual shopping basket can be called up at any given time by clicking on the shopping basket symbol. You may go to the view of the shopping basket to delete or change any number of articles in your shopping basket. The system will then provide with the necessary instructions to guide you through the further steps of ordering. You may delete or change the contents of your shopping basket or your data at any time prior to the placing of your order. Please follow the instructions which explain how to carry out such changes or click on the back button of your browser.Only when you have completed the last step of the ordering process by clicking on the order button do you explicitly declare that you wish to purchase the product(s)/service(s) for the price as stated in the offer. This declaration of intent to purchase is binding and irrevocable. The declaration is made by clicking on the “Order now” button at the end of the ordering process. TROTEC®confirms acceptance of the offer either in writing or via e-mail.

Subject terms of contract and storage

The subject terms of contract get stored and is contained in the order confirmation per e-mail besides all relevant informations like provider identification, contents of the order as well as the  general terms & conditions in form of a written note. The subject terms of contract can always be called up at following link: http://www.trotec24.com/en-de/info/gtcb2c.html . The contents of order, even of former orders, can be seen and called up at "customer login" area, as long as a customer registration has been made. Every side of the TROTEC® offer can be printed at any time through the print function of the browser.

Languages

You can experience the shop in different languages; conotract languages are german, english, polish and turkish. For the privity of contract and the processing the german language is valid constantly.

Cancellation Policy

Cancellation Right

You have the right to cancel the contract within 14 days without specifying the reason for doing so. The revocation period amounts fourteen days starting that day you or a third party, which is not the carrier, took possession of the goods. To practice your cancellation right you have to inform us

TROTEC® GmbH & Co. KG
Grebbener Straße 7
D-52525 Heinsberg
Freephone: 00800 80908090
Fax: 0049-(0) 24 52 / 962-92 450
E-mail: online@trotec24.com
by means of a clear declaration (for example postal mailing, fax, or e-mail) that you made the decision, to cancel this contract. You can use the attached pattern cancellation form, wich isn't prescribed. 

To observe the revocation period it is sufficient to send the massage about the exercise of the cancellation right before expiration of the revocation period.

Consequences of Cancellation

In case of cancelling this contract, all payments that we received from you, including the transport costs (with the exception of additional costs consequentional to your decision to pick another delivery than our favourable standart delivering offer) have to be paid back immediately not later than within fourteen days starting that day, the message about your cancellation of this contract arrived at our house. For this refund we use the same means of payment, that you used for the original transaction, unless otherwise has been agreed with you explicitly. On no account this repayment will be charged. We can refuse the repayment until we get back our goods or you supplied evidence of sending back the goods, according to wich is the earlier point in time.

Goods postet as packets

You have to send or give back the goods immediately and in any case, within fourteen days starting that day you informed us about cancellation of this contract, to

TROTEC® GmbH & Co. KG
Ferdinand-Porsche-Straße 4
52525 Heinsberg

This time limit is protected, if you send off the goods before the expiry of the period of fourteen days. You bear the costs of sending back the goods. 

Goods not postet as packets

We pick up the goods. You pay the direct costs of returning the goods in the amount of xxx.xx EUR.

You only have to advent for the possible loss of value, if  this loss of value is a result of proval in condition, characteristics and function of the goods from handling other than what is necessary.

End of Cancellation Policy

Sample cancellation form

(If you want to cancel the contract, please fill out following blank form and send it back.)

To:
TROTEC® GmbH & Co. KG
Grebbener Straße 7
D-52525 Heinsberg
or
Fax: 0049-(0) 24 52 / 962-92 450
or
E-mail: info@trotec24.com

Herewith i/we (*) cancel the contract concluded by me/us (*) about the purchase of following goods (*)/producing following services (*)
Ordered on (*)/ received at (*)
Name of the consumer
Adress of the consumer
Signature of the consumer ( just for messages on Paper)
Date



_______________________
(*) Delete as applicable


Information on legal exceptions with regard to Customer Cancellation Rights

In accordance with § 312g Para. 2 BGB the law governing Customer Cancellation Rights does not apply, among other things, to

  1. contracts for the delivery of items which have been manufactured according to customer specifications or which have been undisputedly been customised to suit individual customer requirements (...),
  2. contracts for the delivery of audio or video recordings or for software when the data medium that has been delivered has been removed from the sealed packaging by the customer (...)

General Trading Conditions of Trotec® GmbH & Co. KG

  1. Validity of the Conditions
    TROTEC® GmbH & Co. KG (hereinafter TROTEC®) provides all supplies and services exclusively on the basis of these trading conditions.

  2. Object of the contract
    The respective object and scope of delivery of the article /service of the purchase contract are derived from the item description, as set out in the current offer from TROTE® at the time of ordering. Warranties shall apply only if these are included in the item description or have been pledged in written form by TROTEC®.

  3. Payment terms / counter-claims
    1. Payment is flexible and convenient through the use of advance payment, PayPal©, credit card or cash on delivery.
      1. In the event that payment in advance is selected, TROTEC® shall confirm the order in writing and raise an invoice for the total amount. Upon receipt of payment, the ordered goods shall be shipped / the service shall be provided.
      2. In the event of paying with the PayPal©-System the processing conforms to the PayPal© given conditions. For details refer to PayPal©.
      3. In the event that payment by credit card is selected, TROTEC® In the event that payment by credit card is selected, TROTEC® shall ship the ordered goods / provide the service. The general trading conditions of each credit card issuing bank / company shall additionally apply. It is at this point explicitly pointed out that as part of the payment process, a validation is performed, and an exchange of data takes place. To find out more about this, please also read the data privacy policy under paragraph 8.
      4. In the event that cash payment is selected, TROTEC®shall raise the invoice amount together with the delivery charges incurred by cash on delivery directly upon delivery through the delivering company. The additional costs thus incurred are indicated in the offer. If despatch does not form part of the cash on delivery process, the purchaser shall provide compensation for the incurred cash on delivery and transport costs plus a handling fee of €30.00; proof of a higher or lower amount of damage shall be reserved by each party to the contract.
    2. Where circumstances become known to TROTEC®after the conclusion of the contract which affect compliance with the contractual obligations of the purchaser, such as payment obligations, TROTEC® is authorised to refuse execution of the order until a security (such as a guarantee) or performance (such as payment) is provided; TROTEC® will set a reasonable period of time for this (§ 321 BGB).
    3. Offsetting by the purchaser against TROTEC® is only permitted with an undisputed or legally established counterclaim. The assertion of a lien is only permitted where the counter-claim is based upon on the same contractual relationship.

  4. Delivery
    1. The delivery times which are included in the item description shall always be subject to the timely and complete delivery to TROTEC® by its suppliers. Where a delivery is impossible because it has received no supply, TROTEC® is entitled to rescind the contract. TROTEC® shall inform the purchaser immediately of the non-availability and immediately refund any sums already paid.
    2. Delivery times where provided are approximate - they are for information purposes only, do not comprise assurances. TROTEC® constantly strives to meet delivery deadlines; in some cases, however, delivery times may differ. Explicit confirmation of the delivery date by TROTEC® in written form is required in order for a delivery date to become binding.
    3. The purchaser may, two weeks after the passing of a tentative delivery date or a non-binding delivery period, require TROTEC® in writing to complete the contract within a reasonable time of at least 10 days. This shall not apply if the purchaser has eschewed or refused cooperative efforts by TROTEC® to achieve completion of the contract. If TROTEC® is unable to complete the contract by the end of the set period, the purchaser may rescind the contract (§ 323 BGB). This shall not apply if the period is exceeded due to force majeure or other unforeseen obstacles such as riots, breakdowns, strikes, lockouts, even if these occur with TROTEC ® suppliers or subcontractors. 
    4. TROTEC®  reserves the right to many minor changes to the design, provided that performance is not significantly altered and that this is reasonable to the purchaser.
    5. The coloured representation on a screen may vary from the original colour.

  5. Warranty for the purchase of consumer goods
    1. New goods
      The following provisions shall apply to newly manufactured goods ordered by a consumer in the sense of § 474 ff of the BGB.
      1. The warranty period shall be 2 years and starts with the delivery / pick-up of the goods.
      2. The warranty shall be voided if the operating or maintenance instructions of the manufacturer or of TROTEC® are not followed, changes are made to the products, parts replaced or supplies are used which are not the original specifications, and the defect is clearly caused by this abnormality.
      3. Remainders and goods damaged during transport shall be considered to be new goods unless these are explicitly labelled as used equipment.
      4. The individual warranty of the manufacturer or TROTEC® shall remain unaffected by the foregoing provisions.
      5. Paragraph 9 shall additionally apply to software which is part of the performance range.
    2. Used goods
      The following provisions shall apply to used goods ordered by a consumer in the sense of § 474 ff of the BGB. 
      1. The warranty period shall be one year and starts with the delivery / pick-up of the goods.
      2. TROTEC® acts only as an intermediary for and on behalf of services offered by a third-party and is not a contractual party with the purchaser.
      3. Express warranty statements, representations or warranties in the item description shall remain unaffected.
      4. Paragraph 9 shall additionally apply to software which is part of the performance range.

  6. Liability
    1. Claims for damages from any legal reason, be it for reasons such as non-compliance, breach of contractual or statutory obligations, for defaulting on the contract, for contracts which have a protective effect for third parties as well as tortious conduct against TROTEC®, its legal representatives as well as its proxy or vicarious agents shall be excluded insofar as the damage is not due to willful or gross negligence. This shall not apply to damages claims from property assurance which the purchaser wishes to secure against the risk of damage as a result of defects.
    2. TROTEC® shall further be liable
      1.  for the full amount of the damage due to its own gross negligence, that of his legal representatives and that of his senior proxy agents, but not for the gross negligence of simple proxy agents;
      2. as well as the basis for any culpable violation of its cardinal duties, which here shall also include it simple proxy agents.
      3. The liability shall be limited to the amount required to replace the typically foreseeable damage.

  7. Exemption
    The above warranty and limitation of liability set out in Paragraphs 5 to 6 shall not apply to damages resulting from injury to life, body or health, based on a negligent breach of duty by TROTEC® or an intentional or negligent breach by a legal representative or proxy agent of TROTEC®.

  8. Data protection/Information
    Please also read our data protection declaration.

  9. Specificities of software components/software supplies
    Insofar as software is required for the operation and / or use of the performance objective or partial performance of the supply, the following special conditions shall apply.
    1. The software may only be applied and used for its intended purpose. Any reproduction is strictly prohibited, unless expressly permitted by the relevant software manufacturer. The licence terms of the manufacturer shall apply in all cases.
    2. In all cases, trade mark rights arising from relevant laws such as European and international copyright law, trademark or other intellectual property rights, shall be respected.
    3. TROTEC® guarantees the functioning of the software components only within the framework of the respective manufacturer's specifications.
    4. The general trading conditions of the software manufacturers shall also apply, which in this case are included as part of the contract.

  10. Particularities of foreign trade items
    Certain articles are only intended for the internal European market and are subject to export bans in third countries. Insofar as the disposal of an article is prohibited by statutory provisions, TROTEC® reserves the right to rescind the contract for cause, inform the contractual partner immediately, and promptly reimburse any amounts paid.

  11. Extras / connected transactions
    1. As far as there are extras with individual articles, these are connected to the main business and can not be contested isolated. The ownership is only transfered to the purchaser at the expiry of the cancellation period.
    2. Is the main business getting cancelled, the extra is component of the main business and part of the ownership of TROTEC®, and needs to be sent back.

  12. Applicable Law
    All legal relations between the parties shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, even if the purchaser is resident abroad or shifts his habitual residence abroad, or is unreachable.

Provider information:

TROTEC® GmbH & Co. KG
Grebbener Straße 7
52525 Heinsberg
Freephone: 00800-80908090
Fax: 0 24 52 / 962-92 450
E-mail: info@trotec24.com
Website: www.trotec24.com

TROTEC GmbH & Co. KG, HRA 5323 Aachen County Court, represented by its fully liable partner, TROTEC Verwaltungs GmbH, HRB 13453 Aachen County Court, which is represented by its managing director: Detlef von der Lieck




 

Hotline:

0 0800 80908090

Mon - Thu: 8:00am – 5:30pm

Friday: 8:00am - 5:00pm (CET)

E-Mail:

online-uk@trotec.com