Keyviusal Claim

conditions

troegele.com/ TROXXY UG (haftungsbeschränkt),
Talblick 13
89250 Senden, Germany

Managing Director: Christian Trögele
register court: Amtsgericht Memmingen
number of register: HRB 14256
competent tax authority: 151/281/60148 (Finanzamt Neu-Ulm)

Please Notice:

Due to the different composition of the, mostly used,  vinyl records we use for TROXXY Vinylz™ the covering colour white could sometimes drift into a slightly kind of bronze what makes the charme of these unique products of TROXXY Vinylz™

 

0. Preamble

 

troegele.com/ TROXXY UG (haftungsbeschränkt) (hereinafter referred to as TROXXY or Supplier) operates a home page under the domain www.troegele.com and www.troxxy.com for commercial purposes. On this website TROXXY offers exclusevly design products that can be purchased via the Internet by mailorder.

1. Area of Application & Blocking Clause

The following Standard Terms of Business in the valid wording at the time of purchase apply exclusively to the legal relationship established between TROXXY and its customers via this Internet shop by mailoder. Contrary standard terms of business of the customer are invalid.

2. Conclusion of Contract

Offers made by TROXXY are non-binding and are subject to change without notice. Drawings, illustrations, dimensions, weights and other performance data are only binding if this has been verified in writing. In ordering goods (via Email, Shop, Fax), the customer makes a binding declaration of intent to purchase the goods in question. Receipt of the order will be confirmed by the seller within ten workdays. Confirmation of receipt of order is not yet a binding acceptance of the order. The confirmation of receipt can, however, be bound to the declaration of acceptance. As a rule Supplier is entitled to accept the contractual offer constituted by the order within two weeks of receipt of the order. Acceptance is declared, as a rule, as soon as confirmation of availability is received from the manufacturer. Acceptance can be declared either by e-mail or by delivery to the customer. No response does not constitute acceptance. After the declaration of acceptance the order is immediately processed and order-specific production is usually undertaken. The exception relates to articles that the seller has in stock. Where possible, the delivery period is two to eight weeks. Delivery period can be fixed via written information. In the event of non-availability of the promised performance, the seller reserves the right not to deliver, or to deliver performance of comparable quality and price.

3. Retention of Ownership

The delivered goods remain Supplier’s property until they have been paid for in full.

4. Due Payment

Payment of the purchase price is due as from the date of conclusion of contract.

5. Prices

The applicable prices are those list prices valid at the time of the order, as indicated on the offer/ Internet pages, or as stated by TROXXY. The apply as from the TROXXY premises and include the statutory turnover tax, though not the cost of shipment and packaging. With the updating of the Internet page, all previous prices and other details become invalid, except for prices and details already ordered.

6. Forwarding Expenses

Forwarding expenses for Germany:

Forwarding expenses for countries of zone 1: Belgium, Denmark, Estonia, France, Great Britain, Latvia, Lithuania, Luxembourg, The Netherlands, Austria, Poland, Portugal, Slovenia, Spain, Czech Republic, Hungary.

Any customs duties must be additionally borne by the consignee.

Forwarding expenses for countries of zone 2: Ireland, Italy, Croatia, Slovak, Switzerland, Liechtenstein.

Any customs duties must be additionally borne by the consignee.

Forwarding expenses for countries of zone 3: Finland, Norway, Sweden.

Any customs duties must be additionally borne by the consignee.

Forwarding expenses for countries of zone 4: the rest of the world.

7. Terms of Payment

Upon conclusion of contract the entire sum is due immediately. In principle payment is to be made in advance by bank transfer to:as previously appointed / predetermined offer.

Bank transfers can take several days. The goods will not be sent until receipt of payment on our account. If no advance payment is received within 30 days of the order date, the order will be cancelled.

8. RIGHT OF REVOCATION / RIGHT OF RETURN

(1) Right of Revocation

You can revoke your contract declaration within two weeks in writing (e.g. letter, e-mail) without having to give your reasons, or by returning the goods. The period commences with receipt of this written advice, though not before receipt of the goods by the consignee (in the case of repeated deliveries of similar goods, not before receipt of the first part-delivery) and not before our discharging our duties to inform in accordance with section § 312c, paragraph 2 of BGB [German Civil Code] in conjunction with section § 1, paragraphs 1, 2 and 4 of BGB-InfoV, as well as our obligations in accordance with section § 312e, paragraph 1, sentence 1 of BGB in conjunction with section § 3 of BGB-InfoV. To satisfy this revocation deadline it is sufficient that the revocation be sent, or the goods returned, punctually. The right of revocation is excluded in the case of deliveries of goods made to the customer’s specifications. The revocation must be sent to:info@troegele.com or christian@troegele.com

Due to we only produce individual designed products and start manufacturing after payment has been fulfilled, we are not able to repay the whole payment in case of return. In special cases we will surely refund your payment if production has not already begun..

 (2) Consequences of Revocation

In the event of valid revocation, the performance received by both sides must be restored and, where applicable, benefits obtained (e.g. interest) passed on. If you are unable to restore to us the performance received, whether in whole or in part, or if the condition of such restored performance has deteriorated, you must then restore the value of the said performance. In the case of the transfer of material items, this does not apply if the deterioration of the item relates solely to its examination - that might have been undertaken, for example, in the shop. Apart from this you can avoid the obligation to restore the value in that you do not make use of the item as an owner, and in that you refrain from everything that might diminish its value. Items that can be sent as parcels are to be returned to the seller at our cost and your risk. You must bear the costs of return, if the ordered goods correspond to those ordered and the cost of the return consignment does not exceed a sum of 40 euros, or, if in the event of a higher price of the item, you have still not made payment, or a contractually agreed part-payment, at the time of revocation. Otherwise the return consignment is free of charge. Items that cannot be sent as parcels will be collected from your premises. Obligations to refund payments must be honoured within 30 days. The deadline begins for you with the dispatch of your declaration of revocation or of the item, and for us with its receipt.

9. Guarantee and Liability

It is very important to know that business cards by Troegele.com are made out of materials as wood, leather, especially out of vinyl records, each card might be different to the others and that is exactly what separates our cards from others, because in this way of material and maufacturing style, each card will be one of a kind and unique. TROXXY™Vinylz are from the most part made out of already used vinyl records, which could have lightly abrasion/scratches at the surfaces, which makes TROXXY™Vinylz authentic and unique.

The recycling aspect is very important to us in using natural materials as wood, or leather, or already used material as a vinyl record. It is also important to know that due to this circumstances the inscription of the cards could differ but we do our best to send you the perfect product our name stands for. Each product will be inspected by Christian Trögele himself and has to be in perfect condition to be send to our clients worldwide.

This is the special charm what TROXXY™Vinylz is all about.

In the event of material defects TROXXY invariably renders subsequent performance by means of subsequent improvement or subsequent delivery. Further claims are excluded, in particular rights of retention, price reduction or withdrawal, provided subsequent improvement or subsequent delivery is possible.

Minor deviations in form, colour, weight, dimensions and/or other quality or performance characteristics of the purchase item do not constitute defects. The customer must notify TROXXY of any obvious defects in writing, within 8 calendar days of receipt of the purchase item at the latest, since otherwise all claims based on defects are forfeited. The date of sending of such notice of defect is sufficient to meet this deadline. Notice of hidden defects must be given immediately after their detection. If the customer is a businessman, he or she loses this guarantee claim if the goods are not examined and if notification of defects found is not given immediately. Liability for normal wear and tear is excluded. Any alterations or repair work undertaken by the customer excludes liability on the part of TROXXY, unless TROXXY has agreed to such measures in writing in advance. In the case of justified notice of defects the customer must send the goods or the parts carriage paid. The forwarding expenses will in such cases be subsequently refunded by TROXXY. Claims against TROXXY due to defects may only be made by the immediate buyer and must be assigned. The period of limitation for the above-mentioned claims is invariably two years as from the date of delivery of the goods. If the customer is a businessman, the period is one year. Guarantees in the legal sense are not given to the customer by Supplier. Manufacturers’ guarantees and warranties remain unaffected by this.

10. Force Majeure

In the case of TROXXY is unable to provide the due performance for reasons of force majeure (e.g. due to natural catastrophe, accident, strikes), it is released from its obligations to render performance for the duration of such hindrance. If TROXXY is unable to discharge the order or delivery due to force majeure for a period of more than three months, the customer is then entitled to withdraw from the contract.

11. Prohibition of Assignment and Pledging

The assignment or pledging of due claims or rights of the customer vis-à-vis Supplier is prohibited, unless the consent of Supplier has been obtained, or the customer can verify a justified interest in the assignment or pledging.

12. Offsetting

The customer only has a right to offset if the claim to be offset has been legally established or is uncontested.

13. Applicable Law, Place of Jurisdiction, Partial Invalidity

The law of the Federal Republic of Germany applies to these terms of business and to the entire legal relationship between TROXXY and the customer. The provisions of the UN purchase law are not applicable. The place of performance is the Amtsgericht Memmingen. If the customer is a full trader, a public-law body or constitutes public special assets, Memmingen is the sole place of jurisdiction for all disputes arising from this contract relationship, whether directly or indirectly. Should one of the provisions contained in these terms of business or within the framework of other agreements prove to be invalid, whether at present or at some future date, this does not affect the validity of the other conditions or agreements.

14.  Trademark Notice

TROXXY™Vinylz is a registered trademark by Christian Trögele (www.troegele.com)

All such rights are proprietary to their respective owners. Users are prohibited by law and these conditions from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on this Site for commercial or public purposes. Except as specifically permitted in accordance with the terms and conditions governing use of this Site, any use of such trademarks or tradenames is strictly prohibited without the express written permission of these owners.

15.Final Provisions

The contract language is German or English. Website and product information is provided in English. If the customer has failed to notify troegele.com, via info@troegele.com, of his or her lack of knowledge or of any misunderstanding in this respect, all details will be taken as having been understood by the customer.

 

 

As at: Senden, 30th November 2010

 

 

© Copyright 2010 by Troegele.com. All rights reserved.

 

 

To top