GENERAL TERMS AND CONDITIONS
Scope of application
1.1. The following General Terms and Conditions of Business apply exclusively in the version valid on the date of the order to the business relationship between triangle GmbH, Friedenstrasse 98, 42699 Solingen, Germany (hereinafter referred to as the “Seller”) and the customer (hereinafter: “Customer”).
1.2. You can contact our Customer Services from Monday to Thursday from 8am to 4pm and Friday from 8am to 2pm or by telephone under +49 (0)212-22115-0 or email to firstname.lastname@example.org, should you have any questions or complaints.
1.3 Consumer within the meaning of these General Terms and Conditions is every natural person who concludes a legal transaction for a purpose which can be predominantly attributed neither to their commercial nor their independent professional activities (Section 13 of the German Civil Code – BGB).
1.4. Deviating conditions of the Customer are not accepted, unless the Seller expressly agrees to their applicability.
2. Offerings and performance descriptions
The representation of the products in the online shop is not a legally binding offer, but rather an invitation to place an order. Performance descriptions in catalogues or on the website of the Seller shall not represent a warranty or guarantee. All offers apply “while stocks last”, if not noted otherwise in the description of the products. In addition, errors are reserved.
3. Order process and conclusion of contract
3.1 The Customer can select products by the Seller non-bindingly and place these into a so-called shopping basket via the [add to basket] button. The product selection can be amended within the shopping basket, e.g. items deleted. Then, the Customer can move on to complete the order process within the shopping basket by using the [Checkout] button.
3.2. The Customer submits a binding purchase request for the items in the shopping basket by clicking the [Order subject to payment] button. Before submitting the order, the Customer can change and view the data at any time and can go back to the shopping basket using the “back” browser function or cancel the order process altogether. Mandatory information is marked with an asterisk (*).
3.3. The Seller sends an automated confirmation of receipt to the Customer by email, in which the order placed by the Customer is listed again and which the Customer can print out using the “Print” function (Order confirmation). 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 request. The purchase contract is only established if the Seller ships or hands over the ordered products to the Customer within two business days or confirms shipping to the Customer by means of a second email, express order confirmation or sending of the invoice within two business days.
3.4. If the Seller has provided an advance payment option, the contract is established with the provision of bank data and payment request. If the payment is not received by the Seller within 10 days of dispatch of the order confirmation, despite maturity and even after repeated request, the Seller redraws from the contract with the consequence that the order is void and the Seller is not obligated to deliver. The order is then settled for both the Seller and the Buyer without any further consequences. A reservation of the articles in the case of advance payments is thus for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices specified on the website of the Seller are understood to include the respectively applicable statutory VAT.
4.2. In addition to the prices listed, the Seller will invoice shipping costs for the delivery. Shipping charges are clearly communicated to the buyer on a separate information page and in the course of the ordering process.
5. Delivery, availability of goods
5.1. If advance payment is agreed, delivery will be carried out after payment of the invoiced amount.
5.2. If delivery of the goods fails due to the fault of the buyer despite three delivery attempts, the Seller can withdraw from the contract. Any payments made by the Customer will be reimbursed without delay.
5.3. If the ordered product is not available because the Seller, through no fault of his own, is not supplied with the product by his supplier, the Seller can withdraw from the contract. In this case, the Seller shall inform the Customer immediately and may suggest the delivery of a comparable product. If no comparable product is available or the Customer does not wish the delivery of a comparable product, the Seller shall immediately reimburse any payments already made by the Customer.
5.4. Customers will be informed about delivery times and delivery limitations (e.g. restriction of delivery to certain countries) on a separate information page or within the respective product description.
6. Methods of payment
completion of the ordering process. Customers will be informed of the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and invoice. For all other methods of payment, payment must be made in advance without deductions.
6.3. If third-party service providers are tasked with payment processing (e.g. PayPal), their General Terms and Conditions apply.
6.4. If the due date of the payment is determined according to the calendar, the Customer is already in default if the date is not met. In this case, the Customer must pay statutory default interest.
6.5. The obligation of the Customer to pay default interest does not exclude the right of the Seller to claim further damages.
6.6. The Customer is entitled to set-off only if his counterclaims are legally established or acknowledged by the Seller. The Customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods shall remain the property of the Seller until full payment has been received.
8. Defect guarantee and warranty
8.1. The warranty shall be determined according to statutory regulations.
8.2 triangle products are subject to a guarantee. The warranty terms and conditions can be viewed at [Guarantee]. Customers are informed about the guarantee conditions prior to the start of the ordering process.
9.1. The following disclaimers and limitations apply to the liability of the Seller for damages without prejudice to other statutory eligibility requirements.
9.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. In addition, the Seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the purpose of the contract, or for the violation of duties upon whose fulfilment the proper execution of the contract depends and on whose fulfilment the Customer may ordinarily rely. In this case, the Seller is liable only for foreseeable damage typical of the contract. The Seller is not liable for the slightly negligent breach of obligations other than those referred to in the foregoing sentences.
9.4. The foregoing limitations of liability do not apply for injury of life, body and health, for a defect after a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability pursuant to the Product Liability Act (Produkthaftungsgesetz) remains unaffected.
9.5. Insofar as the liability of the Seller is excluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents.
10. Saving of the contract text
10.1. The Customer can print out the contract text before submitted the order to the Seller by using the print function of his browser in the last step of the order process.
10.2. The Seller also sends the Customer an order confirmation with all order details to the email address provided by the latter. With the order confirmation or at the latest with the delivery of the goods, the Customer also receives a copy of the General Terms and Conditions in addition to the cancellation policy and information on shipping costs as well as the terms of delivery and payment. If you have registered in our online shop, you will be able to view your orders in your profile area. We also save the contract text but do not make this available online.
11. Final provisions
11.1. Place of jurisdiction and place of performance is the registered office of the Seller, if the customer is a merchant, legal entity under public law or special fund under public law.
11.2. The contractual language is German.
11.3. Platform of the European Commission for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are not obligated nor willing to participate in dispute resolution proceedings before a consumer conciliation board.