Allgemeine Geschäftsbedingungen
1. Scope
1.1. These General Terms and Conditions of Trigema W. Grupp KG (hereinafter "trigema", "we" or "us") for orders placed by consumers (B2C) through the online shop (hereinafter "Terms and Conditions") apply only to customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB). This means they apply only to customers who order or purchase goods for private purposes and not for commercial or self-employed professional activities. These Terms and Conditions do not apply to businesses.
1.2. These Terms and Conditions apply exclusively to the delivery of goods ordered by the respective customer through our online shop www.trigema.de.
2. Notification and Information
2.1. We store the text of the contract in a manner accessible to the customer after conclusion of the contract only if the customer has their own customer account. The contract text is then available to the customer under "My Account" – "My Orders". In any case, the contract text is sent to the customer by email as part of the order confirmation and can also be requested from us by the customer at any time.
2.2. The customer can identify and correct input errors before finally submitting the order by reviewing the details entered on a separate overview page.
2.3. The languages available for concluding the contract are German and English.
2.4. Our online shop www.trigema.de carries the EHI Certified Online Shop seal of approval. To obtain this seal, we are regularly reviewed by EHI Retail Institute GmbH for compliance with the criteria of the EHI Code of Conduct. You can view the code of conduct at the following link: https://ehi-siegel.de/shopbetreiber/ehi-siegel/pruef-kriterien-bedingungen/pruef-kriterien/.
2.5. The essential characteristics and total price of the goods, as well as the validity period of any limited-time offers, can be found in the detailed descriptions of the product listings in the online shop.
3. Conclusion of Contract
3.1. In the online shop, the customer can place goods in the shopping cart by clicking the "Add to cart" button and initiate the purchasing process from there by clicking the "Go to cart" button. Fields marked with an asterisk (*) are mandatory. Registration is not required. All data provided is transmitted in encrypted form. After entering all required data, the customer can review the details once more and, by clicking the "Buy now" button, submit a binding offer. This is only possible if the customer has previously accepted these Terms and Conditions by ticking the corresponding checkbox, thereby incorporating them into their offer.
3.2. After the offer is received, the customer receives an automatically generated email confirming that we have received the order (order confirmation). This order confirmation does not yet constitute acceptance of the purchase offer. A contract is not concluded by means of the order confirmation.
3.3. A purchase contract is only concluded once the items ordered by the customer are dispatched.
4. Right of Withdrawal
4.1. The customer generally has a right of withdrawal in accordance with statutory provisions.
4.2. However, pursuant to Section 312g (2) No. 1 BGB, there is no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer. Withdrawal is therefore excluded for products that have been individually manufactured according to customer specifications or clearly personalized (e.g. with names, colors, sizes or custom designs).
4.3. In the case of withdrawal from orders within Germany, we generally bear the cost of the return shipment. We only charge a flat fee of EUR 2.50, which is deducted from the amount to be refunded as part of the reimbursement of the purchase price. In all other cases involving orders from outside Germany, the customer bears the direct costs of returning the goods.
5. Delivery, Non-Binding Delivery Dates, Default of Acceptance, Right of Retention
5.1. Delivery is made to the delivery address specified by the customer. Deliveries are handled via DPD or DHL. We aim to deliver within 5 working days. However, this is a non-binding estimate. We will inform the customer promptly in the event of delivery delays.
5.2. Goods are only supplied in quantities customary in the trade.
5.3. If the customer is in default of acceptance, or if shipment is delayed at the customer's request, we will charge the customer for the costs incurred through storage of the goods by us or by a third party, beginning from the point at which readiness for shipment is indicated.
5.4. If we are obligated under the concluded contract to perform in advance, we may refuse to perform our obligation if, after conclusion of the contract, it becomes apparent that our claim to consideration is jeopardized by the buyer's inability to perform. This applies in particular if the consideration owed to us is jeopardized due to the customer's poor financial circumstances, or if other performance obstacles threaten, such as export or import bans, acts of war, insolvency of suppliers, or illness-related absence of necessary employees.
6. Handling Transport Damage
The customer is asked to check the delivery for completeness and condition upon receipt. If the package is visibly damaged on the outside, this should be reported directly to the delivery carrier before accepting the goods. If the package is undamaged but the goods inside are damaged, this should also be reported to the delivery carrier. In such cases, the customer is asked to contact us (phone: +49 (0) 7475/88-0). Failure to make such a complaint or to contact us has no consequences for the customer's statutory warranty rights. However, it helps us assert our own claims against the carrier or the transport insurer.
7. Purchase Price, Shipping Costs, Return Costs in the Event of Withdrawal
7.1. The prices stated by us include statutory value-added tax and exclude any shipping costs. Value-added tax is shown separately at the applicable statutory rate on invoices.
7.2. When goods are shipped to the customer, additional shipping costs apply depending on the type, weight and quantity of the goods ordered, as well as the delivery location. These are listed below and also in the online shop at https://www.trigema.de/kundenservice/hilfe/bestellung/:
Within the EU
- Germany: EUR 5.50
- Austria: EUR 8.80
Outside the EU
- Switzerland: CHF 13.95 (DHL)
For orders with a gross merchandise value of EUR 150.00 or more, shipping to delivery addresses within the European Union is free of charge.
7.3. Special shipping option DPD Express: As a special service, we offer DPD Express in addition to our standard shipping for deliveries within Germany. Please note the respective delivery times and prices:
| Order placed by | Delivery by |
|---|---|
| Monday, 2:00 PM | Tuesday, 12:00 PM |
| Tuesday, 2:00 PM | Wednesday, 12:00 PM |
| Wednesday, 2:00 PM | Thursday, 12:00 PM |
| Thursday, 2:00 PM | Friday, 12:00 PM |
| Friday, 2:00 PM | Saturday, 12:00 PM |
For orders placed on a public holiday (statutory holidays in the state of Baden-Württemberg), delivery deviates from the table above and takes place by 12:00 PM on the second following working day. For orders placed on the day before a public holiday, delivery takes place by 12:00 PM on the next working day.
Express orders cannot be delivered to a parcel locker (Packstation).
Payment by advance payment, cash on delivery, or direct debit is not possible with express shipping.
For the security of our customers and to prevent credit card fraud, goods are only shipped after positive confirmation from the relevant credit institution. In rare exceptional cases, this may extend the stated delivery period by up to one day. In such cases, only the standard shipping fee will be charged.
7.4. Additional customs duties may apply for deliveries to non-EU countries, which the customer must bear.
7.5. In the event of withdrawal based on the customer's right of withdrawal, the customer bears the direct costs of returning the goods. We calculate these at a flat fee of EUR 2.50, which is deducted from the amount to be refunded as part of the reimbursement of the purchase price. For returns from Switzerland and Liechtenstein, an additional flat fee of CHF 13.95 applies.
8. Payment Methods, Payment Terms, Set-Off
8.1. The following payment methods are available for paying for the order: direct debit, Amazon Pay, credit card (Visa or Mastercard), PayPal, or Apple Pay. Payment by invoice is not possible. Cash discounts are not available.
8.2. The customer selects their preferred payment method during the ordering process. However, we reserve the right to exclude certain payment methods depending on the outcome of the review of the customer's data (identity and credit check). In particular, the direct debit payment method requires a successful identity and credit check. For this purpose, we work with Creditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss, from which we receive the data required for this purpose. Email: datenschutz@boniversum.de. Further information can be found in our privacy policy.
8.3. The customer irrevocably instructs their bank (identified by the IBAN/BIC provided) to fully disclose to Trigema W. Grupp KG the customer's name, address, and bank details in the event of non-payment of the direct debit or in the event of a dispute raised by the customer, so that a payment claim can be asserted against the customer. Costs arising from the reversal of payment or from insufficient funds in the account will be added to the purchase price.
8.4. Should the customer default on payment, we are entitled to charge a reminder fee of EUR 5.00. In addition, the customer undertakes, in the event of default of payment, to reimburse all costs incurred through appropriate measures to collect outstanding claims, including but not limited to procedural cost reimbursement obligations, default interest at the statutory permissible rate, expenses, debt collection costs (including the costs of a licensed collection agency and of an attorney engaged for this purpose), and processing costs.
8.5. In the case of payment by credit card, the amount due is charged immediately after the ordering process. In this case, payment is only deemed to have been made once the credit card account has been successfully charged. The same applies to payment via Apple Pay.
8.6. When paying via PayPal, the customer is redirected to the website of the payment service provider PayPal after clicking the "Buy now" button. There, the customer must log in with their access credentials and authorize the payment. Payment is only deemed to have been made once it has been received in our PayPal account.
8.7. When paying via Amazon Pay, the customer is redirected to the Amazon website after clicking the "Buy now" button. There, the customer must log in with their access credentials and authorize the payment. Payment is only deemed to have been made once it has been received in our account.
8.8. Payment by direct debit requires the customer to grant a SEPA mandate in advance, which is possible by adding bank account details. The specified bank account is only debited after the goods have been delivered.
8.9. If payment by advance payment is not received within 30 days, your order will be cancelled.
8.10. Claims against our remuneration entitlements may only be offset against undisputed claims or claims that have been legally established as final.
8.11. Further information on our payment methods and any additional costs is available here.
9. Retention of Title
9.1. We retain title to the goods delivered by us until all claims arising from the purchase contract have been settled in full.
9.2. The customer may neither pledge the delivered goods nor assign them as security. In the event of seizure, confiscation, or other actions by third parties, the customer must notify us immediately.
10. Warranty, Liability
10.1. The applicable statutory warranty rights apply to the goods. Any warranty beyond this exists for the goods delivered by us only if expressly granted to the customer in text form.
10.2. We are liable to the customer in accordance with statutory provisions.
11. Notice Regarding Product Descriptions and Substitute Delivery
11.1. All information is carefully reviewed. Nevertheless, the colors shown in images of our goods may differ slightly from the colors of the actual items.
11.2. If the goods ordered by the customer are not available, we will inform the customer without delay and, where applicable, offer delivery of a comparable product. If no comparable product is available, or if the customer does not wish to receive a comparable product, any payments already received will be refunded without delay.
12. Severability Clause, Applicable Law
12.1. If one or more provisions of these Terms and Conditions are or become invalid, in whole or in part, or if these Terms and Conditions contain a gap, this shall not affect the validity of the remaining provisions of these Terms and Conditions.
12.2. These Terms and Conditions and all contracts concluded on their basis are governed by the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). This does not apply insofar as mandatory consumer protection provisions in the country of the user's habitual residence are more favorable (Art. 6 Regulation (EC) 593/2008).
12.3. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.