GTC for private customers

This comprises the general vendor information and references to the existence of the contract, the cancellation policy and the general trading conditions of TROTEC GmbH & Co. KG for a purchaser acting as a consumer in a purely private interest.

Conclusion of contract with TROTEC® for normal purchasing.
As the vendor for this particular range of products in the internet shop, TROTEC® makes a non-binding offer to potential buyers for these articles which will result in a contractual obligation to purchase the articles/services on offer. By clicking on the corresponding button, the potential buyer may add the desired article to his virtual shopping basket. The articles which have been placed in the virtual shopping basket can be called up at any given time by clicking on the shopping basket symbol. You may go to the view of the shopping basket to delete or change any number of articles in your shopping basket. The system will then provide with the necessary instructions to guide you through the further steps of ordering. You may delete or change the contents of your shopping basket or your data at any time prior to the placing of your order. Please follow the instructions which explain how to carry out such changes or click on the back button of your browser.
Only when you have completed the last step of the ordering process by clicking on the order button do you explicitly declare that you wish to purchase the product(s)/service(s) for the price as stated in the offer. This declaration of intent to purchase is binding and irrevocable. The declaration is made by clicking on the “Order now” button at the end of the ordering process. TROTEC® confirms acceptance of the offer either in writing or via e-mail.

Conclusion of contract with TROTEC® with the bidding function.
In addition to the classical method of purchasing one or more products, TROTEC® offers you the option to bid for certain products which are marked accordingly by proposing a price range which you would be prepared to pay to purchase these particular products. The price proposed by the potential buyer (bidder) can only be below the normal purchasing price and must lie between €0.01 (net price; gross price will be included) and the regular purchasing price which also constitutes the highest offer. By selecting and actually proposing such a price frame, the bidder declares that he or she is willing to purchase the product(s)/service(s) for which the proposal was made and enters a binding agreement with TROTEC® for the duration of the bid. The bidder is obliged to adhere to the bid that has been made for the duration of the bid which he or she is free to set. The bidder can shorten or extend the length of time during which he or she is bound by the offer by clicking on the date (at least 24 hours). TROTEC® is qualified, but not bound, to accept the price within the price frame as proposed by the bidder. The bidder may change or delete his or her proposed bid at any time during the period during which he or her stipulated for the bid or at any other time prior to the bid being accepted by TROTEC®. TROTEC® can only accept the bidder’s bid during the period as stipulated by the bidder in his or her offer. An e-mail will be sent to the e-mail address supplied by the bidder to inform the bidder of the acceptance of the bid by TROTEC®. The contract is deemed to be concluded and the purchase completed when TROTEC® declares that TROTEC® is prepared to accept the bid within the prescribed period.

Right of rescission

Right of rescission
As a consumer in the sense of § 474 BGB, you can rescind the contractual declaration within two weeks without giving a reason in writing (such as by letter, fax or e-mail) or by returning the goods. This period shall begin at the earliest upon delivery of your order, but not before you have taken note of this information. For the delivery of goods, the period at the earliest from the date upon which you receive the goods or upon which you are recurrently supplied with similar goods, not before receipt of the first partial shipment. The cooling-off period shall likewise not begin before you have fulfilled your obligations under Section 312 c para. 2 of the BGB in conjunction with § 1 paras. 1, 2 and 4 of the BGB – InfoV as well as our obligations in accordance with § 312 e, para. 1, sentence 1 of the BGB in conjunction with § 3 of the BGB – InfoV. In order to safeguard the cooling-off period, it is sufficient to send the rescission leter or return the goods within this deadline. The rescission must be sent to:

TROTEC® GmbH & Co. KG
Grebbener Straße 7
D-52525 Heinsberg
Telephone: 0049-(0) 24 52 / 962-450
Fax: 0049-(0) 24 52 / 962-92 450
E-mail: info@trotec24.com
Consequences of rescission
In the event of an effective rescission, both sides shall return their received benefits (and surrender any potential generated uses (e.g. interest)). If you are unable to return to us the benefit received in whole or in part, or only do so in a degraded state, you may if necessary need to compensate us to this value. This may mean that you are subject to contractual payment obligation (this shall not apply to the transfer of goods if the deterioration of the goods can only be determined by examining them – as you would have been able to do in a shop). In addition, you can avoid liability for compensation by not putting the goods to use as your property, and refrain from anything which could detract from their value.

You must bear the cost of returning the goods if the delivered goods conform to those ordered and the price of the goods to be returned does not exceed an amount of € 40.00, or if, due to a higher price of the goods at the time of rescission, you have not yet provided a consideration or a contractually agreed partial payment. Otherwise, the cost of returning the goods will be free to you. Payment reimbursement obligations must be completed within 30 days of sending your declaration of rescission.

Exclusion of right of rescission
This right of rescission shall not apply to goods which
1. have been tailored to your particular specifications or according to your desires and needs;
2. due to their nature are not suitable for return;
3. are audio or data carriers, software or operating systems, and these have been unsealed.
Specific pointers:
When a service is provided, your right of rescission expires prematurely if your contractual partner in the execution of the service has begun work with your explicit consent before the end of the cooling-off period, or if you yourself have allowed this.

General Trading Conditions of Trotec GmbH & Co. KG

Validity of the Conditions
1. TROTEC GmbH & Co. KG (hereinafter TROTEC®) provides all supplies and services exclusively on the basis of these trading conditions.
Object of the contract
1. The respective object and scope of delivery of the article /service of the purchase contract are derived from the item description, as set out in the current offer from TROTEC® at the time of ordering. Warranties shall apply only if these are included in the item description or have been pledged in written form by TROTEC®.
Payment terms / counter-claims
1. Payment is flexible and convenient through the use of advance payment or cash on delivery.
  1. In the event that payment in advance is selected, TROTEC® shall confirm the order in writing and raise an invoice for the total amount. Upon receipt of payment, the ordered goods shall be shipped / the service shall be provided.
  2. In the event that payment by credit card is selected, TROTEC® usually invoices the total amount to the credit card company prior to performance of the contract. Upon receipt of a credit advice, TROTEC® shall ship the ordered goods / provide the service. The general trading conditions of each credit card issuing bank / company shall additionally apply. It is at this point explicitly pointed out that as part of the payment process, a validation is performed, and an exchange of data takes place. To find out more about this, please also read the data privacy policy under paragraph 8.
  3. In the event that cash payment is selected, TROTEC® shall raise the invoice amount together with the delivery charges incurred by cash on delivery directly upon delivery through the delivering company. The additional costs thus incurred are indicated in the offer.
  4. If despatch does not form part of the cash on delivery process, the purchaser shall provide compensation for the incurred cash on delivery and transport costs plus a handling fee of €30.00; proof of a higher or lower amount of damage shall be reserved by each party to the contract.
2. Where circumstances become known to TROTEC® after the conclusion of the contract which affect compliance with the contractual obligations of the purchaser, such as payment obligations, TROTEC® is authorised to refuse execution of the order until a security (such as a guarantee) or performance (such as payment) is provided; TROTEC® will set a reasonable period of time for this (§ 321 BGB).
3. Offsetting by the purchaser against TROTEC® is only permitted with an undisputed or legally established counterclaim. The assertion of a lien is only permitted where the counter-claim is based upon on the same contractual relationship.
Delivery
1. Where delivery times are included in the item description, these shall always be subject to the timely and complete delivery to TROTEC® by its suppliers. Where a delivery is impossible because it has received no supply, TROTEC® is entitled to rescind the contract. TROTEC® shall inform the purchaser immediately of the non-availability and immediately refund any sums already paid.
2. Delivery times where provided are approximate – they are for information purposes only, do not comprise assurances, and are non-binding. TROTEC® constantly strives to meet delivery deadlines; in some cases, however, delivery times may differ. Explicit confirmation of the delivery date by TROTEC ® in written form is required in order for a delivery date to become binding.
3. If the conditions or scope of the performance are changed at the request of the purchaser after acceptance, this shall in all instances mean the application of a new delivery date, even for the unaltered portion of the order.
4. The purchaser may, two weeks after the passing of a tentative delivery date or a non-binding delivery period, require TROTEC ® in writing to complete the contract within a reasonable time of at least 10 days. This shall not apply if the purchaser has eschewed or refused cooperative efforts by TROTEC® to achieve completion of the contract. If TROTEC ® is unable to complete the contract by the end of the set period, the purchaser may rescind the contract (§ 323 BGB). This shall not apply if the period is exceeded due to force majeure or other unforeseen obstacles such as riots, breakdowns, strikes, lockouts, even if these occur with TROTEC® suppliers or subcontractors. TROTEC® reserves the right to many minor changes to the design, provided that performance is not significantly altered and that this is reasonable to the purchaser.
Warranty for the purchase of consumer goods
1. New goods
  The following provisions shall apply to newly manufactured goods ordered by a consumer in the sense of § 474 ff of the BGB.
  1. The warranty period shall be 2 years and starts with the delivery / pick-up of the goods.
  2. The warranty shall be voided if the operating or maintenance instructions of the manufacturer or of TROTEC ® are not followed, changes are made to the products, parts replaced or supplies are used which are not the original specifications, and the defect is clearly caused by this abnormality.
  3. Remainders and goods damaged during transport shall be considered to be new goods unless these are explicitly labelled as used equipment.
  4. The individual warranty of the manufacturer or TROTEC ® shall remain unaffected by the foregoing provisions.
  5. Paragraph 9 shall additionally apply to software which is part of the performance range.
2. Used goods
  The following provisions shall apply to used goods ordered by a consumer in the sense of § 474 ff of the BGB.
  1. The warranty period shall be one year and starts with the delivery / pick-up of the goods.
  2. TROTEC® acts only as an intermediary for and on behalf of services offered by a third-party and is not a contractual party with the purchaser.
  3. Express warranty statements, representations or warranties in the item description shall remain unaffected.
  4. Paragraph 9 shall additionally apply to software which is part of the performance range.
Liability
1. Claims for damages from any legal reason, be it for reasons such as non-compliance, breach of contractual or statutory obligations, for defaulting on the contract, for contracts which have a protective effect for third parties as well as tortious conduct against TROTEC ®, its legal representatives as well as its proxy or vicarious agents shall be excluded insofar as the damage is not due to willful or gross negligence. This shall not apply to damages claims from property assurance which the purchaser wishes to secure against the risk of damage as a result of defects.
2. TROTEC® shall further be liable
  1. for the full amount of the damage due to its own gross negligence, that of his legal representatives and that of his senior proxy agents, but not for the gross negligence of simple proxy agents;
  2. as well as the basis for any culpable violation of its cardinal duties, which here shall also include it simple proxy agents.
  3. The liability shall be limited to the amount required to replace the typically foreseeable damage.
Exemption
1. The above warranty and limitation of liability set out in Paragraphs 5 to 6 shall not apply to damages resulting from injury to life, body or health, based on a negligent breach of duty by TROTEC® or an intentional or negligent breach by a legal representative or proxy agent of TROTEC®.
Data protection/Information
1. As part of the use of the TROTEC ® online service, depending on the type of use and services used, personal data will also stored or transferred until the user relationship is terminated, and at the latest until the termination of all legal relations, on secure computers which are inaccessible to third parties.
2. TROTEC® confirms that this data is solely collected for the purposes of transacting the user relationship and that this is performed in accordance with the statutory provisions of the Teleservices Data Protection Act and the Federal Data Protection Act.
3. Please also read our data protection declaration on the main menu, under "Information Centre/Data protection".
Specificities of software components/software supplies
1. Insofar as software is required for the operation and / or use of the performance objective or partial performance of the supply, the following special conditions shall apply.
  1. The software may only be applied and used for its intended purpose. Any reproduction is strictly prohibited, unless expressly permitted by the relevant software manufacturer. The licence terms of the manufacturer shall apply in all cases.
  2. In all cases, trade mark rights arising from relevant laws such as European and international copyright law, trademark or other intellectual property rights, shall be respected.
  3. TROTEC ® guarantees the functioning of the software components only within the framework of the respective manufacturer's specifications.
  4. The general trading conditions of the software manufacturers shall also apply, which in this case are included as part of the contract.
Particularities of foreign trade items
1. Certain articles are only intended for the internal European market and are subject to export bans in third countries. Insofar as the disposal of an article is prohibited by statutory provisions, TROTEC® reserves the right to rescind the contract for cause, inform the contractual partner immediately, and promptly reimburse any amounts paid.
Applicable Law
1. All legal relations between the parties shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, even if the purchaser is resident abroad or takes delivery in a foreign country. The same applies if the purchaser later shifts his habitual residence abroad, or is unreachable.
Severability
1. If any provision of these terms and conditions or a provision in the context of the legal relationship is or becomes ineffective or incomplete, the contract and order shall continue to be applicable. The effectiveness of all other provisions or agreements shall therefore be unaffected. The ineffective provision shall then be replaced by a legally effective provision which meets or comes close to the business purpose.
  
  Provider information:
  Trotec GmbH & Co. KG
  Contact: Kokulan Nathan
  Grebbener Straße 7
  52525 Heinsberg
  Telephone: 0 24 52 / 962-450
  Fax: 0 24 52 / 962-92 450
  E-mail: info@trotec24.com
  Website: http://www.trotec24.com
  
  TROTEC GmbH & Co. KG, HRB 5323 Aachen County Court, represented by its fully liable partner, TROTEC Verwaltungs GmbH, HRA 13453 Aachen County Court, which is represented by its managing director: Detlef von der Lieck
  
  Liability notice:
  Despite careful checks of their content, we are unable to assume liability for the content of external links. The content of the linked sites is the sole responsibility of their operators.