General Terms and Conditions of Trendwerkk GmbH
I. General
II. Offers
III. Prices
IV. Right of Return
V. Warranty
VI. Limitation of Liability
VII. Retention of Title
VIII. Payment
IX. Applicable Law, Place of Performance, Place of Jurisdiction
X. Data Protection
I. General/Scope of Application
All offers, orders, purchase orders, and deliveries are made exclusively in accordance with these general terms and conditions of sale. The catalog and offers of Trendwerkk GmbH are directed only at buyers who use the goods exclusively within the scope of their independent commercial activity as resellers. By placing an order, the buyer confirms the corresponding use of the goods.
II. Offers
Our offers are generally non-binding. An order is only considered binding after our written confirmation. Customer offers are typically made by submitting a completed order form. This offer is deemed accepted upon execution of delivery and transmission of an invoice, provided that the goods are shipped within a period of 4 weeks from receipt of the customer's offer. If a customer orders a variety of goods and these can only be delivered in part, a contract for the purchase of these goods is concluded upon dispatch of the deliverable portion of the goods, unless the partial delivery is obviously pointless for the customer, or the customer has indicated in writing at the time of ordering that they are only interested in a complete delivery.
III. Prices
Prices apply ex works Trendwerkk GmbH as net unit prices in Euro plus the applicable value-added tax and shipping costs. Should the prices stated in the catalog not be maintainable until delivery of the ordered goods, the changed price information will be communicated to the customer upon delivery and transmission of the invoice. In the event of such a price increase, the customer may immediately reject the goods and return them to Trendwerkk GmbH at the latter's expense, if the increased net price exceeds the price printed in the most recent catalog by at least 10%. The prices for silver items are based on a raw silver price of up to Euro 600. In the event of a higher raw silver price, we reserve the right to adjust prices.
IV. Right of Return
The customer is granted a right of return of 7 days from receipt of the goods in the event of dissatisfaction with the goods sent. For the calculation of the return period, the goods are deemed to have reached the customer no later than the end of the third business day after dispatch. The customer must prove a later delivery date, if applicable. The right of return exists only if the goods are properly returned to Trendwerkk GmbH using the original packaging in such a way that damage to the goods is excluded as far as possible. If returned goods arrive at Trendwerkk GmbH damaged, the customer is obligated to pay the invoice price for the damaged goods, unless the customer can prove that they bear no fault whatsoever. The customer bears the costs of return shipping within the scope of the right of return. The right of return does not exist if the customer and Trendwerkk GmbH agree to this prior to execution of the delivery.
V. Warranty
The customer must notify Trendwerkk GmbH in writing of obvious defects — in particular transport damage to the goods — without culpable delay. Notification must be made no later than within a period of 1 week from receipt of the goods. In the event of a defect, Trendwerkk GmbH is initially entitled to remedy the defect or provide a replacement delivery, with the replacement delivery being made postage-free. If two attempts at remedy or replacement delivery fail, the customer may, at their discretion, demand rescission or a price reduction.
VI. Limitation of Liability
If Trendwerkk GmbH is liable for damages caused by slight negligence under the statutory provisions pursuant to these terms, Trendwerkk GmbH's liability is limited; liability exists only in the event of a breach of material contractual obligations and is limited to typical damages foreseeable at the time of contract conclusion. This limitation does not apply to injury to life, body, and health. To the extent that the damage is covered by insurance taken out by the customer for the relevant loss event, Trendwerkk GmbH is only liable for any related disadvantages to the customer, e.g., higher insurance premiums or interest disadvantages until the claim is settled by the insurance company. Regardless of any fault on the part of Trendwerkk GmbH, any liability for fraudulent concealment of a defect, from the assumption of a guarantee, from the assumption of a procurement risk, or under the Product Liability Act remains unaffected. The personal liability of the legal representatives, vicarious agents, and employees of Trendwerkk GmbH for damages caused by them through slight negligence is excluded.
VII. Retention of Title
The delivered goods remain the property of Trendwerkk GmbH until settlement of the claims owed to Trendwerkk GmbH under the purchase contract. The retention of title also remains in effect for claims of Trendwerkk GmbH against the customer arising from the ongoing business relationship until settlement of claims connected with the business relationship. At the customer's request, Trendwerkk GmbH is obligated to waive the retention of title if the customer has indisputably fulfilled all claims connected with the purchased item and provides adequate security with respect to the remaining claims from the ongoing business relationship. As long as the retention of title exists, the customer may neither dispose of the goods nor contractually grant third parties a right of use.
VIII. Payment
Trendwerkk GmbH delivers by direct debit (amounts owed are debited from the account 14 days after invoicing) or by cash on delivery. The customer is only entitled to offset or withhold payment if the claims asserted by the customer are legally established or undisputed.
IX. Applicable Law, Place of Performance, Place of Jurisdiction
The law of the Federal Republic of Germany applies to the entire legal relationship between the contracting parties. The place of performance for claims arising from the contractual relationship between the parties is 85356 Freising. For all present and future claims arising from the business relationship between Trendwerkk GmbH and the customer — if the customer is a merchant within the meaning of the German Commercial Code (HGB) — including bill of exchange and check claims, the exclusive place of jurisdiction is Freising. The same applies if the customer has no general place of jurisdiction in the Federal Republic of Germany or relocates their domicile or habitual residence out of the Federal Republic of Germany after conclusion of the contract.
X. Data Protection
The applicable statutory provisions govern the use of your data. Within the framework of our Privacy Policy we provide supplementary information on data protection as well as the nature, scope, and purpose of our collection and use of personal data.