Preamble

The terms and conditions as described below regulate the contractual relations within the scope of the Trenz Electronic Online Shop (in the following: Online Shop) between

Trenz Electronic GmbH
Managing Director: Dipl.-Ing. Thorsten Trenz
Borriesstr. 61
D-32257 Bünde (Germany)

Tel.: +49 (0)5223 41652
Fax: +49 (0)5223 48945
E-Mail: info@trenz-electronic.de.

District court Bad Oeynhausen, HRB 7185
VAT-IdNr: DE 813 408 402
WEEE-Reg.-Nr. DE 97922676

in the following: Trenz Electronic

and their customers.

Cancellation Manifestations

The following cancellation policy applies only to consumers. A natural person closing a legal transaction for a purpose which can not be assigned to any commercial or self-employed activity, is considered a consumer (§ 13 BGB).
If a consumer avails himself of his cancellation right, he shall be in charge of any regular shipping cost for return of goods, if the delivered goods correspond to the order, and if price of the returned goods does not exceed the amount of 40.00 Euros, or if in case of a higher price, reward or contractual agreed partial payment have not yet been disbursed by the consumer. In any other case, the return is free of cost for the consumer.
The cancellation right does not apply

– to contracts of long-distance transactions concerning goods that are custom made upon customer's specifications, or obviously adapted to personal requirements,

– or due to their nature are not appropriate for a return (particularly no products which are delivered online, such as by email or download)

– not either concerning contracts of long-distance transactions about delivery of audio and video recordings or of software, provided that the delivered media have been unsealed by the consumer.

Cancellation Policy

Cancellation Right

You can revoke your contractual declaration within 14 days without giving reasons, in textual form (e.g. letter, fax, email) or – if the good is delivered to you before deadline expiration – by returning the good. Deadline starts after receiving this policy in text format, but not before arrival of goods by the recipient (for repeated delivery of goods of the same kind not before arrival of the first partial delivery) and not prior to fulfillment of our information obligation according to article 246 § 2, associated with § 1 paragraph 1 and 2 EGBGB, and our obligations according to § 312g paragraph 1, sentence 1 BGB in association with article 246 § 3 EGBGB. For ensuring the deadline expiration of cancellation, a timely posting of the cancellation or the goods will suffice. The cancellation shall be directed to:

Trenz Electronic GmbH

Executive Director Thorsten Trenz
Borriesstr. 61
D - 32257 Bünde

Fax number: +49 (0) 5223 48945
E-Mail-Address: info@trenz-electronic.de

Consequences of Cancellation

In the event of an effective cancellation, the received services shall be returned mutually and possible benefits if any (e.g. interests) shall be released. If you can't return the received services and benefits (e.g. benefits of use) entirely or partially, or only give them back in an aggravated state, you will have to accomplish compensation in this respect. You will only have to accomplish a compensation for an aggravation of the goods or taken benefits, as far as benefits and aggravations are due to handling the goods in a way that exceeds testing of features and function. „Testing features and functions“ refers to test and try out the respective goods, such as it would be possible in a retail shop. Mailable goods should be sent back at our own risk. You would have to pay the regular shipping costs of the return, if the delivered goods correspond to the order, and if value of the returned item does not exceed the amount of 40 Euros, or if in case of a higher value of the good, in the moment of cancellation the reward has not yet been paid or a contractually agreed partial payment has not yet been made. Mailable goods will have to be returned on our own risk. In any other case, the return shall be free for you. Not mailable goods will be collected at your site. Any obligation of refund shall be fulfilled within 30 days. For you, deadline starts in the event of posting the cancellation declaration or the good, for us with its reception.

End of Cancellation Policy

1) Area of Validity of these Terms and Conditions

Trenz Electronic sells goods of the online shop solely based on these terms and conditions. Adverse or divergent conditions of different companies according to § 14 BGB shall be subject matter of contract only and as far as Trenz Electronic agrees particularly and in written form; an agreement of Trenz Electronic is not present in the event of bare silence, or the unconditional delivery or reception of agreed services or remunerations. Subsidiary agreements have not been made. These terms and conditions and customer information are available and printable any time online on www.trenz-electronic.de/shop-agb.

2) Conclusion of Contract

Mandatory contractual language is German. By submitting the order, the customer, in case of a natural person, confirms an unconditional legal competence.

Display of goods in the Online Shop is no legal binding offer by Trenz Electronic, but a not committal invitation subject to confirmation for the customer to submit his offer. Further procedures and technical steps which lead to a binding offer (customer order) are detailed in the online shop at the menu item Shop Instructions.

Before making a binding offer, customers will have to particularly express acknowledgement and agreement of these terms and conditions and cancellation policy, by clicking on the respective check boxes. Before submitting a binding order by activation of the respective button, customers will have the opportunity to review and if necessary change the information entered.

Customers who are no consumers in the sense of § 13 BGB, can submit their order referring to the online shop and acceptance of these terms and conditions by email, fax or letter to Trenz Electronic.

Subsequent to the binding order and the implicit offer by the customer, customers will receive an email to the indicated email address, in which all order data and these terms and conditions, and cancellation policy are listed. This email represents confirmation of reception of the order by Trenz Electronic, but does not yet represent acceptance of the customer's offer.

3) Delivery / Shipping Charges / Disposal

Any delivery specifications and delivery dates expressed by customers in their order, require the confirmation by Trenz Electronic in order to become effective, wherefore the mere order confirmation by Trenz Electronics is not sufficient.

A contractually agreed delivery deadline will be extended in a reasonable way, in the event of labour conflicts, unrest, catastrophes, or other unforeseeable incidents beyond our control, if such incidents have a clear impact on the delivery. The same applies to such incidents if they occur at the suppliers of Trenz Electronic.

As a principle, delivery shall be made by UPS within 1-2 working days in Germany, within 2days – 2 weeks to EU member states, if not stated differently in the product description. Further details about delivery times to other countries can be found on the website https://wwwapps.ups.com/ctc/request?loc=de_DE&appId=fctc. If payment will be made in advance, delivery time starts with the payment receipt of the full amount on the business account of Trenz Electronic.

Shipping and handling costs ( shipping costs) are shown in the detailed product description, are detailed and invoiced particularly. Gross shipping charges to Germany for delivery up to 5kg are EUR7.50, net shipping charges for delivery to other countries EUR 14.00 up to EUR 120.00. More details about shipping charges can be found on https://wwwapps.ups.com/ctc/request?loc=de_DE&appId=fctc. Additional charges can be applied to the customer for customs, fees and taxes in case of delivery to non-EU countries.

Trenz Electronic is registered for obligation accomplishment according to the ElektroG at the holding EAR, and fulfills its obligations via the take-e-way GmbH http://www.take-e-way.de. The obligations related to packaging regulations are processed by the company SUSA Solutions GmbH http://www.susa-solutions.de.

4) Exportation Limitations

Trenz Electronic is only liable for own exportations of products, and points out that selling, reselling and disposal of products and all related technologies and/ or documentation by commercial customers or third parties can be subject to export related German and foreign regulations and approval restrictions of the respective department, which commercial customers have to be aware of. Commercial customers declare by submitting an order, conformity to respective laws, regulations and other legal provisions and declare that goods will not be directly delivered to countries in which export of these goods or related technologies is prohibited or restricted. Commercial customers are liable and declare to own or accordingly obtain any necessary export or import permissions

5) Invoice / Payment

Prices listed in the commercial customers section of the online shop are indicated as net prices without value added tax, and as gross prices including value added tax in the private customers‘ section (for consumers). The invoice sent to the customer includes net price, shipping charges, any further costs as agreed, if applicable, and the legal value added tax in the moment of issuing the invoice, and the total amount. The customer also pays any costs of payment transfer (such as banking fees for international payments, fees for payment on delivery, etc.).

Customers can choose between several provided payment types when submitting an order.

Payments can be made by credit card or in advance by wire transfer. In Germany, payment on delivery is available, too. Invoice and payments are made in Euros (EUR). For public entities, schools, universities payments on receipt of invoice is possible, as well as upon request. Payments on receipt of invoice in favour of Trenz Electronic are due within 14 days from reception of goods without deductions.

Trenz Electronic accepts the following credit cards:
Visacard
Mastercard

The customer indicates credit card details when placing an order. The internet connection will be secured by a secure SSL connection during the information input.

Delivery on receipt which is only possible in Germany, implicates the following additional costs:
0.3% of the value of goods, minimum EUR6.13 incl. VAT.

Any costs will be detailed before completion of an order. Partial deliveries are not possible in the case of payments on delivery.
In case of delivery after payment in advance, payments are due within latest 7 working days after reception of invoice; late payments can cause the ordered goods not to be available immediately or not at all at the time of payment. Thus, Trenz Electronic is not liable for any delivery delay. Trenz Electronic will inform customers in such cases, and if delivery is not possible, immediately refund any paid amounts.

6) Retention of Ownership

Any good stays property of Trenz Electronic until completely paid.

To companies, which means customers exerting a commercial or self-employed activity in the moment of conclusion of contract (§ 14 BGB), the following additional regulations related to retention of ownership apply: the company may only sell products delivered below retention of ownership, against cash or in turn under reservation of ownership within the proper business operations. He is not entitled to other disposal of the goods subject to title retention, particularly pledging, renting or securities assignment. If a third party even so acquires any rights on the goods subject to title retention, the company shall immediately inform Trenz Electronic and hereby assigns any resulting rights rights concerning any goods subject to title retention to Trenz Electronic. The company also assigns to Trenz Electronic any claims resulting from reselling including any subsequent rights; the company is entitled to collect claims in his own name for Trenz Electronic. Claims are not collected by Trenz electronic, as long as the company complies with the obligations of payment to Trenz Electronic, does not get into payment defaults, no insolvency proceedings application about the company's assets has been initiated, or any other performance shortages of the company are on hand. In the cases above mentioned Trenz Electronic can claim declaration of any information and handing over of any documentation necessary for its own collection of outstanding amounts. Retention of ownership also applies to products developed from processing, mixture or conjunction with other products or items, in their complete value. If in the event of processing, mixture or conjunction with products of third parties, retention of ownership of these third parties persists, Trenz Electronic acquires co property according to the invoiceable values of the processed, mixed or conjunct products or items. Furthermore, the same regulations apply to the resulting products as for the goods subject to retention of ownership. If the company sells the goods subject to retention of ownership together with other products or items which do not appertain to Trenz Electronic, for an all-round price, assignment shall only be made in the amount invoiced by Trenz Electronic to the company. The company assigns to Trenz Electronic any claims from insurances and other claims, which he acquires for damages or loss of the goods subject to retention of ownership. Any aforementioned securities will be released by Trenz Electronic, once any feasible values exceed the claim against the company by more than 15%. During any open account, the securities serve as a protection of balance claims against the company.

7) Industrial Property Rights

Trenz Electronic keeps the exclusive rights of ownership and copyright regarding to any documents, designs, documentation plans, files and samples created or delivered by Trenz Electronic. Those shall not be used for other purposes than contractual agreed, copied or made available for third parties. In the event of non-conclusion of contract or upon request, they shall be immediately returned to Trenz Electronic. Commercial Property Rights shall be respected.

8) Warranty / Liability

Basically, warranty regulations apply according to valid legal provisions.

In the event of deficiencies, the customer can at first request supplement performance by deficiency elimination or delivery of good free of deficiency. Trenz Electronic can refuse the way of supplementary performance or any supplementary performance, if this necessarily implies a disproportionate cost, without prejudices to § 275 paragraph 2 and 3 BGB.

ustomers have the right to dismiss or decline, if legal requirements are satisfied. Dismissions for any minor or negligible deficiencies will not be accepted.

Any warranty claims for used products expire after one year, for new products after two years after begin of legal lapse of time.

Trenz Electronic excludes any liability for slightly negligent delinquencies, if no damages to life, bodies or health or no claims according to legal product liability or warranties are concerned. Liability for malicious deception or violation of essential contractual duties, meaning duties whose compliance enables the proper contract accomplishment and on compliance of which customers can usually trust. In case of a slightly negligent violation of such essential contractual obligations, Trenz Electronic is only liable to companies (§ 14 BGB) for any contract-typical and foreseeable damages.

Same respectively applies to violations of obligations by agents, staff and legal representatives of Trenz Electronic.

9) Privacy Policy

Details about privacy policy can be found in the corresponding privacy policy declaration.

Customer information is stored on an external server and will be forwarded to a commercial partner and logistics company for the purpose of shipping. After conclusion of contract, any information related to the processing of contracts will be stored in the legally required extent, and deleted afterwards. For more information about privacy policy, customers can contact Trenz Electronic , using the stated contact details.

10) Applicable Law

Applicable law is German law, with exclusion of the UN sale of goods law and exclusion of any German, supranational and international law reference, which is not related back to material German law. If customers are consumers (§ 13 BGB), this does not affect any mandatory regulations by the law of the customer's state of habitual residence, if the customer has accomplished any mandatory legal action for the conclusion of contract in the state of his habitual residence.

11) Competent Court of Jurisdiction

In the event of a civil dispute regarding or related to commercial customer relationships, the competent court will be the location of Trenz Electronic, if customers are merchants, juristic persons of public law, or public legal special assets, or do not have a general competent court within the area of the Federal Republic of Germany. Trenz Electronic is entitled to litigate at any other legally designated competent court.

12) Salvatorius Clause

If individual regulations of these terms and conditions will not be legally effective in whole or in part or later lose their legal effect, contract validity and terms and validity of the remaining terms and conditions will not be affected.

Revision: R4.03 2012-03-10