Terms and Conditions

General terms and conditions and customer information

for the online shop TradiNB – an offer from

Stefan Kellerbauer GmbH

Grünwalderweg 10

82008 Unterhaching

Email: info@tradinb.com

Telephone: 01603064435

 

1 Scope

(1) These General Terms and Conditions (hereinafter " GTC ") of Stefan Kellerbauer GmbH, as the provider of the TradiNB shop (hereinafter " Seller "), apply in their version valid at the time of the order exclusively to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter " Customer ") concludes with the Seller regarding the goods presented by the Seller in its online shop. Any differing general terms and conditions of the Customer are not recognized, and the inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

(2) For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity (Section 13 of the German Civil Code). For the purposes of these Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity (Section 14 of the German Civil Code).

2. CONTENTS OF THE CONTRACT AND CONCLUSION OF THE CONTRACT

( 1) The German language shall be the only language available for concluding the contract.

(2) The customer can select products from the seller's range and add them to a virtual shopping cart by clicking the "Add to cart" button. Before submitting the order, the customer can view and change the data at any time. The customer can identify potential input errors by carefully reading the information displayed on the screen. A useful technical aid for better identifying input errors is the browser's zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button to finalize the order.

(3) After completing the electronic ordering process, in which the customer completes their billing details, enters a different delivery address if applicable, reviews the order, and selects the payment method (PayPal, Apple Pay, credit card, SOFORT transfer, or Klarna), they can submit a legally binding offer to purchase the goods in their shopping cart by clicking the "Buy Now" button. However, the offer can only be submitted if the customer accepts the General Terms and Conditions by checking the box. These General Terms and Conditions then become part of the contract.

(4) For credit card payments and Klarna, the product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve as an invitation to the customer to submit a binding offer. For the payment methods PayPal, SOFORT and Apple Pay , section 2 (7) of these Terms and Conditions applies.

(5) The seller will then send the customer an automatic confirmation of receipt by email, which lists the customer's order again and which the customer can print using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the offer. In the case of credit card payments and Klarna, the contract is only concluded upon the seller's declaration of acceptance in accordance with section 2 (5) of these Terms and Conditions, which will be sent in a separate email. If the product is permanently unavailable, the seller will refrain from issuing a declaration of acceptance in the case of credit card payments and Klarna. In this case, no contract is concluded.

(6 ) The seller may accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
  • by requesting payment from the customer after they have placed their order, or in the case of credit card payment, by sending a credit note request to the respective credit institution.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

(7) Notwithstanding sections 2.4-2.6 of these Terms and Conditions, the product and merchandise descriptions in the seller's online shop constitute binding offers if the customer selects PayPal, SOFORT, or Apple Pay as the payment method. The customer accepts the seller's offer by placing a binding order by clicking the "Pay with..." button. If the product is permanently unavailable and the customer has selected PayPal, SOFORT, or Apple Pay as the payment method, resulting in the conclusion of the contract according to section 2.7 of these Terms and Conditions, the seller has the right to withdraw from the contract if the seller has not been supplied correctly, completely, and on time by its supplier, if the seller has concluded a congruent covering transaction, and neither the seller nor its supplier is at fault, or if the seller is obligated to procure the product in the specific case. Any payments already made by the customer to the seller will be refunded immediately.

(8) The seller will store the contract text and send it to the customer in text form (e.g., email, fax, or letter) in the order confirmation after the customer has submitted their order. The seller will not make the contract text available in any other way. If the customer has created a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login details.

(9) Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

3 Right of withdrawal

(1) Consumers generally have a statutory right of withdrawal when concluding a distance contract. If you, as a consumer, exercise your right of withdrawal, you must bear the regular costs of return shipping.

(2) Further information on the right of withdrawal can be found in the seller's cancellation policy, which is sent to the customer with the order confirmation. The customer can also access this information on the seller's website under "Information" by searching for "Cancellation". A sample cancellation form is also available there.

(3) General information:

Please avoid damaging or soiling the goods. If possible, please return the goods to us in their original packaging, including all accessories and packaging materials. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage by using suitable packaging.

Please do not return the goods to us freight collect .

- Please note that the aforementioned general information from section 3 is not a prerequisite for the effective exercise of the right of withdrawal.

4. PRICES, SHIPPING COSTS, VAT AND PAYMENT

(1) For orders placed via the online shop, the prices stated there apply. All prices include statutory VAT, which will be shown separately on the invoice.

(2) Unless otherwise stated by "Free shipping", prices are exclusive of shipping and packaging costs, which will be communicated to the customer before the order is placed. The amount of the shipping costs depends on the weight and dimensions of the goods as well as the desired destination.

(3) An overview of the available payment methods can be found in our information sheet “Payment Methods”. The following payment methods are available:

Credit cards (VISA, Mastercard, Maestro, Amex), Apple Pay, PayPal, Klarna, Sofort

When selecting credit card as the payment method, the payment amount will be debited from the credit card (MasterCard, Maestro, American Express, or VISA) and credited to the seller. The customer must provide the credit card number, expiration date, and security code. If the customer's credit card is enabled for 3D Secure (e.g., Verified by Visa or MasterCard SecureCode), the customer will be redirected to their bank for security verification. The purchase price will be debited upon shipment of the goods.

Apple Pay is the payment method of Apple Inc. , One Apple Park Way, Cupertino, CA 95014, USA. This form of online payment is exclusively available on Apple devices , such as Mac, iPhone, iPad, and Apple Watch. Apple Pay is integrated into these devices. For terms and conditions, see https://www.apple.com/de/apple-pay/.

When paying with a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: " PayPal "), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, which can be viewed at

In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will find further information with the respective payment option and during the order process.

When selecting the payment method "SOFORT," payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter " SOFORT "). To pay the invoice amount via SOFORT, the customer must have an online banking account with PIN/TAN authentication enabled for SOFORT, authenticate themselves accordingly during the payment process, and confirm the payment instruction to SOFORT. The payment transaction is then executed immediately by SOFORT, and the customer's bank account is debited. Further information about the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/.

(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by calendar date, the customer is in default upon missing the deadline. If a customer defaults on their payment obligations, the seller may claim damages in accordance with statutory provisions and/or withdraw from the contract.

5 DELIVERY AND TRANSFER OF RISK

(1) Unless otherwise agreed in the contract, the ordered goods will be delivered to the address specified by the customer. Delivery will be made from the seller's warehouse.

(2) Unless expressly agreed otherwise, the seller will ship the goods within 3-5 working days. (3) The following delivery restrictions apply: The seller only delivers to customers who can provide a delivery address in one of the following countries: Germany and Austria.

6. Retention of Title

The delivered goods remain the property of the seller until all claims arising from the contract have been satisfied; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond that, arising from the ongoing business relationship until all claims to which the seller is entitled in connection with the contract have been settled.

7 LIABILITY FOR MATERIAL AND LEGAL DEFECTS

(1) Insofar as defects exist, the customer is entitled to the statutory warranty rights in accordance with the following provisions. If only merchants are parties to the contract, Sections 8 377 et seq. of the German Commercial Code (HGB) shall also apply.

(2) The limitation period for statutory warranty claims pursuant to Section 438 Paragraph 1 No. 3 of the German Civil Code (BGB) is two years and begins upon delivery of the goods. For business customers, this limitation period for goods supplied by the seller is 12 months, unless otherwise agreed in a specific case.

(3) Notwithstanding the above, in the case of deliveries of used goods to consumers, claims for defects regardless of fault (remedy, price reduction, and rescission) are excluded if the defect is asserted only after one year from delivery of the goods. For deliveries of used goods to businesses, the following applies: Claims for defects regardless of fault (remedy, price reduction, and rescission) are excluded.

(4) However, the reduction of the liability period to one year in sections 7.1 and 7.2 of these Terms and Conditions does not apply.

  • for claims for damages and reimbursement of expenses by the customer, as well as
  • in the event that the seller has fraudulently concealed the defect
  • in the case of guarantees (§§ 444 and 639 BGB), and
  • if the last contract in the supply chain is a consumer contract (pursuant to Section 474 of the German Civil Code) according to Section 445a of the German Civil Code.

Claims arising from the Product Liability Act and the statutory provisions regarding suspension, interruption and recommencement of limitation periods remain unaffected.

8 INFORMATION OBLIGATIONS IN CASE OF TRANSPORT DAMAGE

If goods are delivered with obvious damage to the packaging or contents, the customer is requested, without prejudice to their warranty rights (section 7), to immediately report this to the forwarding agent/freight service and to contact the seller promptly by email or other means (fax/post) so that the seller can protect any rights against the forwarding agent/freight service.

9 LIABILITY

(1) The customer's claims for damages are excluded subject to clause 8.2 of these terms and conditions.

(2) The seller shall be liable, regardless of the legal basis, only – and this shall also apply if he has employed senior employees or agents – if:

(a) the seller is guilty of gross negligence or intent,

(b) the seller has fraudulently concealed a defect or has given a guarantee for the quality of the delivered item.

(c) damage to life, health or body caused by the seller's fault; as well as

(d) the seller breaches so-called cardinal obligations, i.e.

  • in the event of significant breaches of duty that jeopardize the achievement of the purpose of the contract, or
  • in the event of a breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely (" cardinal obligations ").

(3) In the case of clause 8.2 (d) of these General Terms and Conditions, however, the seller’s liability in the case of only slight negligence is limited to the amount of foreseeable, typically occurring damage.

(4) Claims under the Product Liability Act remain unaffected. The above provisions do not entail any shift in the burden of proof to the detriment of the customer.

10 PACKAGING REGULATION

The supplier is connected to a nationwide disposal system in accordance with Section 6 Paragraph 1 of the Packaging Ordinance, insofar as the products offered require it.

11 APPLICABLE LAW

The business relationship between the seller and the customer is governed by the laws of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

12. JURISDICTION

The exclusive place of jurisdiction is Dresden, provided the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies if a customer has no general place of jurisdiction in Germany or if their domicile or habitual residence is unknown at the time the action is brought. In the aforementioned cases, however, the seller is entitled in any event to bring an action before the court at the customer's place of business. For consumers, the place of jurisdiction is the customer's domicile.

13 ALTERNATIVE DISPUTE RESOLUTION

(1) The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

(2) The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.