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2017 Truffledigger
 
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General Terms and Conditions

Table of Contents

  • 1. Scope of Application
  • 2. Conclusion of the Contract
  • 3. Right to Cancel
  • 4. Prices and Payment Conditions
  • 5. Shipment and Delivery Conditions
  • 6. Reservation of Proprietary Rights
  • 7. Warranty
  • 8. Liability
  • 9. Exemption in case of violation of third-party rights
  • 10. Redemption of campaign vouchers
  • 11. Redemption of gift vouchers
  • 12. Applicable Law
  • 13. Jurisdiction
  • 14. Code of conduct

1) Scope of Application

1.1 These Terms and Conditions of the company Truffledigger GmbH (hereinafter referred to as ”Seller”) shall apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as ”Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 Regarding contracts for the delivery of vouchers, these general terms and conditions apply accordingly, unless explicitly regulated otherwise.

1.3 A consumer pursuant to these General Terms and Conditions is every natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. An entrepreneur pursuant to these General Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by e-mail.

2.3 The seller may accept the Client’s offer within five days,

  • by transferring a written order confirmation or an order conformation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
  • by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
  • by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 If the client chooses ”PayPal Express” when placing his order, he makes also a payment order to his payment service provider by clicking the button finalizing the order process. For this eventuality, in deviation of section 2.3, the Seller hereby declares his acceptance of the Client’s offer at the point of time when the Client initiates the payment transaction by clicking the button finalizing the order process.

2.5 The period for acceptance of the offer shall start on the day after the client has sent the offer and ends on expiry of the fifth day following the sending of the offer.

2.6 In case of an order via the Seller’s online order form, the contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract's content will be stored on the Seller's website and can be found by the Client via the password-protected customer account by entering the respective login information, provided that the Client has created a customer account in the Seller’s online shop prior to submitting his order.

2.7 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order via the Seller’s online order form. In addition, prior to submitting a binding order, all data entered will be once again displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.

2.8 The German language is exclusively available for the conclusion of the contract.

2.9 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right to Cancel

3.1 Consumers are entitled to the right of cancellation.

3.2 Detailed informations about the right of cancellation are provided in the Seller’s instruction on cancellation.

3.3 The right to cancel does not apply to consumers, who are not nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address is located outside of the European Union at the time of concluding the contract.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.

4.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.

4.4 If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract.

4.5 When choosing the payment method „PayPal” , the handling of payments is done via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449, subject to the conditions of use which can viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This would require, among other things that the Client has opened a PayPal account or he already has such an account.

5) Shipment and Delivery Conditions

5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive. However, in case the Client selects the payment method PayPal, the delivery address deposited with PayPal at the date of payment shall be decisive.

5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.

5.3 In case the Client is an entrepreneur, the risk of accidental destruction and accidental deterioration of the sold goods shall be transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment. In case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client upon delivery of the goods to the Client or to an authorized recipient. Deviating from this, even in case the Client is a consumer, the risk of the risk of accidental destruction and accidental deterioration of the sold goods is transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment, if the Client has instructed the freight forwarder, carrier or other person or institution designated with the task of performing shipment to carry out the delivery of the goods and if the choice of this person or institution was not previously offered by the Seller.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall immediately inform the Client and grant him immediately counterperformance.

5.5 Personal collection is not possible for logistical reasons.

6) Reservation of Proprietary Rights

In case the Client is a consumer, the Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.

6.1 In case the Client is an entrepreneur, the Seller reserves title to the goods delivered until the fulfillment of all claims arising out of the current business relationship.

6.2 In case the Client is an entrepreneur, he is entitled to resell the reserved goods in the course of regular business operations. All claims resulting from such course of business against a third party shall herewith be assigned in advance to the Seller in the amount of the respective invoice value (including VAT). This assignment of claims shall be valid regardless whether the reserved goods are processed prior to or following resale or not. The Client remains entitled to collect the claims even after assignment.. However, the Seller shall refrain from collecting the claims as long as the Client meets his payment obligations, is not in default and no application has been lodged to open insolvency proceedings.

7) Warranty

Should the object of purchase be deficient, statutory provisions shall apply. Deviating hereof, the following shall apply:

7.1 For traders,

  • a marginal defect shall generally not constitute warranty claims defects,
  • the Seller may choose the type of subsequent performance,
  • for new goods, the limitation period for defects shall be one year from transfer of risk,
  • for used goods, rights and claims for defects are generally excluded,
  • the limitation period shall not recommence, if a replacement delivery is carried out within the scope of liability for defects.

7.2 For consumers the limitation period regarding warranty claims for used goods shall be one year from delivery of goods to the Client with the restriction of the following section.

7.3 The aforementioned limitations of liability and the restrictions of limitation periods do not apply

  • for a product, which was not used, in accordance with its usual application, for building construction and which was the cause of the building's defectiveness,
  • for damages arising out of injuries to life, body or health, which result from intentional or negligent violation of the Seller’s duties or the intentional or negligent violation of duties by the legal representative or the vicarious agent of the user,
  • for other damages resulting from intentional or grossly negligent violation of the Seller’s duties or the intentional or grossly negligent violation of duties by the legal representative or the vicarious agent of the user,
  • if the Seller has fraudulently concealed the defect.

7.4 Furthermore, for entrepreneurs the statuary limitation periods for recourse claims pursuant to Section 478 of the German Civil Code (BGB) remain unaffected.

7.5 If the Client is a businessperson pursuant to Section 1 of the German Commercial Code (HGB) he/she has the commercial duty to examine and notify defects pursuant to Section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.

7.6 If the Client is a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller be informed accordingly. Should the Client fail to comply therewith, this shall not affect his/her statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Client for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:

8.1 The Seller shall face unlimited liability regardless of the legal ground

- in case of intent or gross negligence,
- in case of injuries of life, body or health resulting from intent or negligence,
- in case of a promise of guarantee, unless otherwise provided,
- in case of liability resulting from mandatory statutory provisions such as the product-liability-law.
.

8.2 Provided that the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned Section. Essential significant contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.

8.3 For the rest the Seller’s liability is excluded.

8.4 The aforementioned provisions on liability apply also for the Seller’s liability regarding his legal representatives and vicarious agents.

9) Exemption in case of violation of third-party rights

If ,apart from delivering the goods, the contract obliges the Seller to process those goods according to specifications defined by the Client, the Client has to ensure that contents made available to the Seller for purposes of processing do not violate third-party rights (for example copyrights and trademark rights. The Client shall indemnify the Seller from claims of third parties asserted against the Seller in connection with the violation of their rights by the Seller’s contractual use of the Client’s contents. The Client will meet any reasonable costs of necessary legal defense including all court and lawyer’s fees according to the statutory rate. This shall not apply, if the Client is not responsible for the violation of rights. In case claims are asserted against the Seller, the Client shall be obliged to furnish the Seller promptly, truthfully and completely with all information that is necessary for the verification of the claims asserted and for a corresponding legal defense.

10) Redemption of campaign vouchers

10.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter ”campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.

10.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.

10.3 Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.

10.4 Only one campaign voucher can be redeemed per order.

10.5 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.

10.6 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

10.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.

10.8 The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.

10.9 The campaign voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the campaign voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.

11) Redemption of gift vouchers

11.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter „gift vouchers”) can only be redeemed in the Seller’s online shop.

11.2 Gift vouchers and remaining assets of gift voucher can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client’s voucher account.

11.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

11.6 If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

11.7 The gift voucher credit will not be redeemed in cash and is not subject to any interest.

11.8 The gift voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the gift voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.

12) Applicable Law

12.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

12.2 Furthermore, this choice of law regarding the right to cancel does not apply to consumers, who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address is located outside of the European Union at the time of concluding the contract.

13) Jurisdiction

If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract.. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.

14) Code of conduct

The Seller meets the quality standards „EHI certified Online Shop of the EHI Retail Institute GmbH, which can be viewed at http://www.shopinfo.net/haendler/kriterien/index.html.