1. Scope of Application
Our offer is directed exclusively at entrepreneurs. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. We do not conclude contracts with consumers. For all orders placed via our online shop, the following Terms and Conditions (T&C) apply. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2. Contractual Partner, Conclusion of Contract, Correction Options
The purchase contract is concluded with tronet GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You may 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 tools provided and explained in the order process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order is sent by e-mail immediately after the order is submitted.
We accept your offer within two days by either:
- sending you a declaration of acceptance in a separate e-mail, or
- initiating the payment transaction through our service provider or the selected payment service provider. The execution time of the payment transaction depends on the chosen payment method (see “Payment”).
The relevant alternative for you is the one that occurs first.
3. Contract Language, Storage of Contract Text
The following languages are available for the conclusion of the contract: German, English.
We store the contract text and send you the order data and our T&C in text form. For security reasons, the contract text is no longer accessible via the internet.
4. Delivery Conditions
In addition to the stated product prices, shipping costs may apply. More details about any applicable shipping costs can be found with the offers.
We only deliver by shipping. Unfortunately, self-collection of the goods is not possible.
We do not deliver to Packstations.
5. Payment
The following payment methods are generally available in our shop:
Advance Payment
If you choose advance payment, we will provide our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit Card
During the order process, you provide your credit card details. Your card will be charged immediately after placing the order.
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 login details, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. Further instructions are provided during the order process.
PayPal may offer additional payment methods to registered and selected customers according to its own criteria. We have no influence on the availability of these methods; any such additional options form part of your legal relationship with PayPal. Please refer to your PayPal account for more information.
Sofort by Klarna
To pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have an online banking-enabled bank account, authenticate yourself accordingly, and confirm the payment instruction. Your account is charged immediately after placing the order. Further instructions are provided during the order process.
Invoice
The invoice amount is due 14 days after receipt of the invoice and goods by transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.
6. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of Title
The goods remain our property until full payment has been made.
For entrepreneurs, the following applies additionally: We retain ownership of the goods until all claims arising from an ongoing business relationship have been fully settled. You may resell the goods subject to retention of title in the ordinary course of business; all claims arising from such resale are hereby assigned to us in advance, regardless of whether the goods subject to retention have been combined or mixed with a new item, in the amount of the invoice value, and we accept this assignment. You remain authorized to collect the claims, but we may also collect them ourselves if you fail to meet your payment obligations. Upon request, we will release securities due to us to the extent that the realizable value of the securities exceeds the value of outstanding claims by more than 10%.
8. Transport Damage
For consumers: If goods are delivered with obvious transport damage, please report such defects to the carrier immediately if possible and contact us without delay. Failure to lodge a complaint or contact us has no effect on your statutory rights and their enforcement, especially your warranty rights. However, you help us assert our own claims against the carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment.
9. Warranty and Guarantees
9.1 Liability for Defects
Unless otherwise expressly agreed below, the statutory defect liability law applies.
The following restrictions and shortened time limits do not apply to claims arising from damages caused by us, our legal representatives, or agents:
- injury to life, body, or health
- intentional or grossly negligent breach of duty, or fraud
- breach of essential contractual obligations (cardinal obligations),
- within the scope of a guarantee, if agreed, or
- where the scope of the Product Liability Act applies.
Restrictions for Entrepreneurs
For entrepreneurs, only our own statements and the manufacturer’s product descriptions included in the contract are deemed agreements regarding the quality of the goods; we do not assume liability for public statements made by the manufacturer or other advertising claims. For entrepreneurs, the limitation period for defect claims for newly manufactured goods is one year from the transfer of risk.
The statutory limitation periods for recourse claims pursuant to § 445a BGB remain unaffected.
Provisions for Merchants
For merchants, the duty to inspect and give notice of defects under § 377 HGB applies. If you fail to provide the notice regulated therein, the goods are deemed approved, unless the defect was not recognizable upon inspection. This does not apply if we fraudulently concealed a defect.
9.2 Guarantees and Customer Service
Information on any additional applicable guarantees and their precise conditions can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints, and claims Monday to Friday from 8:00 a.m. – 6:00 p.m. at +49 2241 8729-29 and by e-mail at info@tro.net
10. Liability
We are always fully liable for claims arising from damages caused by us, our legal representatives, or agents in the following cases:
- injury to life, body, or health,
- intentional or grossly negligent breach of duty,
- if a guarantee has been given, or
- where the scope of the Product Liability Act applies.
In the event of a breach of essential contractual obligations (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.
Otherwise, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Final Provisions
If you are an entrepreneur, German law applies, excluding the UN Sales Convention (CISG).
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.