General Terms and Conditions (T&Cs) of Trickstuff GmbH
The following General Terms and Conditions, which were drafted in German and translated into English, may be downloaded and saved by customers. If required, they can be requested from trickstuff.de in electronic or written format. In the event of any discrepancy between the German original version and this English translation, the German version prevails. Dated: December 2011
All deliveries, services and offers of Trickstuff GmbH, Zum Baumgarten 6, 79249 Merzhausen, Germany (hereinafter: trickstuff) shall be based exclusively on these T&Cs. Any different provisions of the customer that have not specifically been accepted in writing are non-binding.
Offers are subject to change without notice and non-binding. Unless otherwise agreed, statements made in marketing material shall not be regarded to be warranted properties or guarantees. The website trickstuff.de is not an offer. After placing an order, the customer will initially receive a confirmation of receipt. A contract of sale is only concluded once the goods have been dispatched or you have received an order confirmation.
3. Right of cancellation
You have the right to cancel this contract, within 14 days without giving any reasons. The period of cancellation is 14 days from the date on which you or a party nominated by you that is not the carrier took possession of the goods.
In order to exercise your right of cancellation, you must notify us at
Schwabenmatten 17 A
Phone: 0049 (0) 761 88 78 91 0, Fax: 0049 (0) 761 88 78 91 09
including a clear declaration (e.g. a letter sent by mail, fax or email) about your decision to cancel this contract. You can use trickstuff's optional Standard Cancellation Form which can be downloaded as a pdf here.
To comply with the cancellation period, it is sufficient to send your notice of cancellation prior to the expiry of the cancellation period.
3.1 Consequences of cancellation:
Should you cancel this contract, we shall refund all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), without delay and no later than within 14 days from the day on which we received your notice of cancellation of this contract. For this refund, we will use the same payment method you used for the original transaction, unless otherwise explicitly agreed with you; in no event will you be charged any fees for this refund. We may refuse the refund until we received the returned goods or until you provided evidence that you shipped the goods back to us, whichever is earlier.
You shall ship or deliver the goods back to us without delay and in any event no later than within 14 days from the day on which you informed us of your cancellation of this contract. The time limit is met if you ship the goods prior to expiry of the period of 14 days. You shall bear any direct costs for the return of goods.
You shall only be liable for any loss of value resulting from handling the goods if this loss in value is due to handling of the goods that is not necessary to ascertain the condition, properties and functioning of the goods.
End of cancellation notice
Exclusion of right of cancellation
The right of cancellation does not apply
- to the delivery of goods that are manufactured to customer specifications or that are clearly tailored to personal requirements
- if you acted in the course of your trade, business or profession (orders by an entrepreneur within the meaning of the German Civil Code (BGB)).
5. Terms of Supply
The delivery time is 2 weeks from settlement of advance payment, unless specified otherwise in the order confirmation.
6. Reservation of title
Until they are paid in full, the goods remain the property of Trickstuff GmbH.
7. Prices, delivery costs and payment
Unless otherwise agreed, invoices shall be due for payment without deduction within 10 days from date of invoice. In the event of late payment, interest of 8% above the respective base rate shall be charged. In case of purchases by private consumers, this rate is reduced to 5% above base rate. We reserve the right to assert any further claims.
Current delivery costs can be found here.
For parcel deliveries to other EU countries and worldwide shipments weighing over 2 kg, we retain the right to charge additional shipment costs. These are listed on the invoice.
Purchasers are only entitled to a set-off if their counterclaims are legally determined, undisputed or recognized by trickstuff.
8. Passage of risk and shipment
The risk will pass to the purchaser as soon as the consignment is handed over to the persons charged with transportation or has left the trickstuff warehouse for shipment. Unless otherwise expressly agreed, shipping method and means of shipment are subject to choice by trickstuff. In the event of a purchase by private consumers, risk will pass only upon handover.
9. Complaints of defects and warranty
In the event of justified complaints, goods shall be repaired or replaced (in case of nonconsumers, subject to choice by trickstuff). If after a reasonable period of time repair or replacement fails twice, the purchaser may withdraw from the contract or demand a price reduction.
10. General limitation of liability
Claims for damages resulting from a breach of secondary obligations are excluded, except in cases of wilful misconduct or gross negligence or breach of a material contractual obligation or injury to the body or health of a person. The same applies to claims for compensation for indirect or consequential damages. Any liability in such cases shall be limited to damage that at the time of contracting was foreseeable and typical in such cases. Liability under the German Product Liability Act (ProdHG) shall not be affected.
11. Place of performance, jurisdiction, choice of law
As far as the contractual party is a trader within the meaning of the German Commercial Code (HGB) or a legal entity under public law, place of performance and jurisdiction is Freiburg/Breisgau, Germany. The contractual relationship is governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Should any provision of these Terms be invalid, the validity of the other terms shall not be affected.