General sales conditions
- VAT-ID: DE182175191
- Representative: Andreas Wenninger (address see above)
|1.||Concluding the contract|
|The products listed in our catalogue and in our on-line store are non-binding offers. Except when otherwise stipulated a sales contract exists only after an order is confirmed, respectively delievered by TROPH-E-SHOP.|
|2.||Right of withdrawal|
|2.1.||According to article 312d paragraph 1, clause 1, article 355 of BGB you can withdraw from the contract within two weeks in writing (e.g. by letter, fax or an email) or by returning the item without giving any reason. Commencement of this term is considered the date of receiving this instruction or the date when item was received. To observe the time period for withdrawal it is enough to timely send off your intend to withdraw or the item. The withdrawal respectively the item must be sent to:|
|Before sending back any items please contact us for procedure clarification.|
|2.2.||Consequences for withdrawal|
|In case of withdrawal, services received must be refunded by both partys. If you will not be able to return the product(s) complete or partially or if product(s) are damaged we will have the right according to §357, clause 3 section 1 BGB to charge you for the product(s). This does not apply if the product(s) were damaged during a normal check as it would usually be performed in a reteil store. You can avoid being held liable for damages if you do not use the product(s) that are intended for returning and if you avoid anything that could decrease the value. Ideally the product(s) should be in their original packaging, tag attached, clean and not be damaged or used. If the amount of your total order was less than 40 Euro you will have to pay for the shipping if the delivered product(s) were exactly as ordered. Otherwise returns will be free of charge (Germany only).|
|2.3.||The right to withdraw doesn't exist for:|
|3.1.||TROPH-E-SHOP.de guarantees that at the time of shipping all the products are free of any defects in quality and in title under §§ 434, 435 of GC.|
|3.2.||For consumers we offer a two year warranty on new products and a one year warranty for used products. Businesses will receive a one year warranty on everything.|
|3.3.||§§ 437 ff.of the Civil Code will apply for the warranty, which means that the client has the right to demand elimination of any defects free of charge or replacement of the product(s). If TROPH-E-SHOP.de fails to fully satisfy the contract after having been asked to eliminate defects twice or if TROPH-E-SHOP refuses to do so, the client will have the right to withdraw from the contract and to abate the price. Furthermore the client has the right to ask for damages as described in paragraph 9.|
|3.4.||Guarantee doesn't extend to quickly worn out details and also to the goods which were damaged because of misuse or excess load.|
|3.5.||Nontheless the client doesn't loose guarantees stated in the declaration of the manufacturer. They are recognized by TROPH-E-SHOP.de.|
|4.1.||Concerning any imperfect data on goods prices given not by TROPH-E-SHOP.de we keep the right to update the data. In this case TROPH-E-SHOP.de on finding imperfect data will update it and will inform the client about the changes made. The client then has a right to confirm or refuse the order.|
|4.2.||All the prices listed in the catalogue and on our web-site include VAT which is in force on the moment of publication.|
|4.3.||The client must always pay the amount presented in euros. The bill includes net price of the goods as well as additional services, such as packaging and delivery and the VAT which is in force at the moment of presenting the bill.|
|4.4.||Prices listed on our site are actual only for the orders made through Internet.|
|4.5.||We would like to ask the establishments, associations of the millitary men in reserve to ask for our special conditions.|
|4.6.||We reserve the right to update the prices in case of changes in the currency exchange rates or the amount of VAT. We will inform the client in advance of all updating of the prices.|
|5.1.||For an overview of our shipping charges please click here.|
|5.2.||Data on delivery terms is not mandatory if the delivery terms haven't been discussed in written form. If TROPH-E-SHOP.de delays delivery for not depending on it reasons then it is regualted by article 9. The client keeps the right to present other claims.|
|5.3.||When ordering our goods you can choose one of the payment|
The customer after he has met all the engagements is granted the right stipulated by law to further incarnate the goods delivered by us. He isn't granted a right to pawn the goods or make secured transmission of property rights. In case of compulsory reprimand and/or adjudicatory seizure of property the client must address to the existing stipulation of keeping the ownership rights and must immediately inform us about it in written form so that all the necessary arrangements could be made. All the court and extrajudicial expenditures lie on the buyer if they can't be reimbursed in another way.
In case when the client is going to resell the mentioned above goods prior to paying off its complete price he can deliver the goods to his buyer only having the contract with stipulation fo keeping preperty rights.
The client preyeilds his promissory notes in respect to his client or the third party, to whom the goods will be resold, and also premisssory notes that may appear in future connected with gross cost stated in the parcel's note or share.
In case of breach of the contract by the client, especially in case of payment delay we keep the right to ask for return of unpaid goods. In future the client has no property rights for these goods. We keep the right to sell off returned goods. Sales proceeds are calculated to the client's debt deducting sale exenditures.
|6.2.||TROPH-E-SHOP.de on the client's claim undertakes to relieve guarantees in due to TROPH-E-SHOP.de in case when the realizable cost of the guarantees exceeds at least by 10% those guarantees which must be ensured: the choice to remove guarantees is left to TROPH-E-SHOP.de.|
|TROPH-E-SHOP.de guarantees that all the information about the client received in connection with ordering the goods will be processed, saved and used only in connection with performing the order and only for the internal market research and and private marketing goals. TROPH-E-SHOP.de will supply information about the client only to those companies that are connected with performing the order. If the client doesn't agree that his personal data is used for the internal needs of TROPH-E-SHOP.de he has a right to inform us about it via email sent to the following address: info@TROPH-E-SHOP.de or via post. In this case TROPH-E-SHOP.de will stop using and transmitting information about the client in the order stated above.|
|According to law knives, sports weapon, spray-cans and gas pots can be sold only to persons residing on the territory of Germany and being over 18 years old. To confirm the age you need to send photocopy of your ID or driving licence.|
Any claims of the client to recoup for any damage caused not matter what legal foundations they have, emerged in idirect or direct connection with the order, delivery or the use of our goods and products are excluded.
According to legislation currently in force TROPH-E-SHOP.de carries unlimited liability in case when TROPH-E-SHOP.de is umputed not fulfillment of its duties on purpose or as a result of grievous dereliction of duty, and also in case of absence of the guaranteed quality of the goods and delibarate concealment of the goods defects.
If TROPH-E-SHOP.de hasn't fulfilled its commitements because of dereliction of duty and therefore has violated the existing contract, then TROPH-E-SHOP.de is limited to recouping typical for such cases damage which has been forseen. All reimbursement claims presented by the client and based on the client's claims to pay off the forfeit in no case can be forseen by us and are not typical for the contract in the above-mentioned sense. In any case we keep the right to prove insignificant damage.
In case of fatal outcome or health hazards TROPH-E-SHOP.de carries complety responsibility according to legislation currently in force and stipulated in "Law of product manufacturing responsibility".
|10.1.||All offers of goods are not obligatory. there can be technical changes, improvements, variations of color and materials used, mistakes and misprints. The used goods are marked "S/H". Delivery of goods available at the storehoses. Partial delivery is available.|
|10.2.||No reprinting, using of photographs and texts can be made without prior written permission. All infringements are retributed under the Civil Code.|
|10.3.||If some parts of the contract have lost its juridical validity then all other rulings stay in force. In this case the parties undertake to accept instead of rulings that have lost their juridical validity new rulings which will be closest to the commercial side of this contract, will protect the interests of the parties and will be closely connected to the rulings which have lost their juridical validity. It also refers to the cases when there have been found flaws to the existing contract.|
|10.4.||Excluding unified selling rule (e.g. CISG) the parties are guided by the German legislation. All misunderstandings are considered in the court of Nerdling. All disputes emerged in direct and indirect connection with the contract must be forwarded for consideration to the court of Nerdling, if the client is considered a merchant under the Trade Code. It also refers to the cases when the client regardless of his status, permanantely resides abroad or if his permanent, that is regular place of residence, at the moment of registering the claim is not determined. At any case TROPH-E-SHOP.de can register the claim at the place of client's jurisdiction.|
|10.5.||If you have any questions you can call us from Mondays till Fridays from 8a.m. till 4.30 p.m.|
|Status on: February 2006|