General Terms and Conditions (GTC)

As of: 18.03.2023

1. Scope

1.1 The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade or self-employed professional activity.
1.3 For entrepreneurs, the following applies: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they only become part of the contract if we have expressly agreed to them.

2. Contracting Party, Conclusion of Contract, Correction Options

2.1 The purchase contract is concluded with IT-Tremmel GmbH.
2.2 The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart.
2.3 The order confirmation sent by email immediately after placing the order merely confirms receipt of your order and does not constitute conclusion of a contract. In particular, it does not constitute acceptance of your offer.
2.4 We accept your offer within two days by

2.5.1 sending an express declaration of acceptance in a separate email (order confirmation) or
2.5.2 delivering the goods

2.6 The relevant alternative for you depends on which of the listed events occurs first. If acceptance does not occur within the aforementioned period, the offer shall be deemed rejected.

3. Contract Language, Storage of Contract Text

3.1 The language available for the conclusion of the contract is German.
3.2 We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login, provided you have not received it by email.

4. Right of Withdrawal

4.1 Consumers have the statutory right of withdrawal as described in the withdrawal policy. No voluntary right of withdrawal is granted to entrepreneurs.

5. Retention of Title

5.1 The goods remain our property until full payment has been made.
5.2 For entrepreneurs, the following applies in addition: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of any combination or mixing of the reserved goods with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

6. Payment

6.1 The following payment methods are generally available in our shop:
6.2 Advance payment: If you select the payment method advance payment, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.
6.3 PayPal: To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after placing the order. Further information is provided during the order process.
6.4 Invoice: The invoice amount is due 10 days after receipt of the invoice and service by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.
6.5 Late payment: If the customer is in default of payment, we are entitled to charge default interest at the statutory rate. In addition, we are entitled to claim a flat-rate dunning fee of EUR 40.00 from entrepreneurs pursuant to § 288 (5) BGB (German Civil Code), unless the entrepreneur can prove that the actual damage was lower. We reserve the right to claim further damages caused by the default.

7. Warranty and Guarantees

7.1 Unless expressly agreed otherwise below, the statutory liability for defects applies.
7.2 The following limitations and shortened periods do not apply to claims based on damages caused by us, our legal representatives, or agents

7.3.1 in case of injury to life, body, or health
7.3.2 in case of intentional or grossly negligent breach of duty as well as fraud
7.3.3 in case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
7.3.4 within the scope of a guarantee promise, if agreed, or
7.3.5 if the scope of application of the Product Liability Act is opened.

8. Limitations

8.1 Limitations for consumers: When purchasing used goods by consumers, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
8.2 Limitations for entrepreneurs: For entrepreneurs, only our own information and the manufacturer's product descriptions, which have been included in the contract, are deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is made to the exclusion of any warranty. The statutory limitation periods for the right of recourse under § 445a BGB remain unaffected.
8.3 Provisions for merchants: Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB applies. If you fail to give the notification specified there, the goods shall be deemed approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

9. Guarantees and Customer Service

9.1 Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
9.2 Customer service: Email response within 72 hours

10. Liability

10.1 We are always liable without limitation for claims based on damages caused by us, our legal representatives, or agents

10.2.1 in case of injury to life, body, or health,
10.2.2 in case of intentional or grossly negligent breach of duty,
10.2.3 in case of guarantee promises, if agreed, or
10.2.4 if the scope of application of the Product Liability Act is opened.

10.3 In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations), due to slight negligence by us, our legal representatives, or agents, liability is limited to the foreseeable damage typical for the contract at the time of conclusion.
10.4 Otherwise, claims for damages are excluded.

11. Dispute Resolution

11.1 The European Commission provides a platform for online dispute resolution (ODR), which you can find here <a href="https://ec.europa.eu/consumers/odr/">https://ec.europa.eu/consumers/odr/</a>.
11.2 We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Final Provisions

12.1 If you are an entrepreneur, German law applies to the exclusion of the UN Sales Convention.

Withdrawal 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 the contract is concluded.

To exercise your right of withdrawal, you must inform us (IT-Tremmel GmbH, Fuchsweg 27, 84051 Essenbach, Germany or by email to widerruf(at)it-tremmel.de) by means of a clear statement (e.g. a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory. You can also electronically fill out and submit the model withdrawal form or another clear statement on our website it-tremmel.de. If you use this option, we will immediately send you (e.g. by email) confirmation of receipt of such a withdrawal.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you be charged any fees as a result of such reimbursement.

The right of withdrawal expires in the case of a contract for the supply of digital content not supplied on a tangible medium if we have begun the performance of the contract after you have expressly consented to our beginning the performance of the contract before the end of the withdrawal period and have acknowledged that you lose your right of withdrawal by giving your consent when the performance of the contract has begun.

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and send it back.) To IT-Tremmel GmbH, Fuchsweg 27, 84051 Essenbach, Germany, Phone: +49 9144/9272015, Email: widerrufit-tremmel.de I/We (*) hereby withdraw from 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 consumer(s) Address of consumer(s) Signature of consumer(s) (only if notifying on paper) Date _______________ (*) Delete as appropriate.

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