These are the general supplier information and the notes on the conclusion of the contract and the General Terms and Conditions of TROTEC® GmbH for buyers acting in a commercial capacity or in the course of their independent professional activity.
Conclusion of the contract with TROTEC® in the regular purchase.
As the provider, TROTEC® offers the items posted on this Internet shop as a non-binding offer to prospective buyers to conclude a contract for the item/service offered. The prospective buyer has the option of placing the desired item(s) in the virtual shopping basket by clicking on the corresponding button. The items collected in the virtual shopping basket can be called up at any time by clicking on the shopping basket symbol. In the shopping basket view, you can then view the items, change their quantity or delete them from the shopping basket. The system then guides you through the following steps of the ordering process, giving you instructions along the way. Before completing the order, it is possible to change the order contents, correct or delete data at any time. To do so, please use the instructions for changing or the back button of the browser. Only by clicking on the order button in the last step of the ordering process do you make a declaration of intent to purchase the item/service at the specified price. Thus, your declaration of intent at this stage is binding and irrevocable. The declaration of intent is made by pressing the "Place order" button at the end of the ordering process. The confirmation of receipt of your order together with the acceptance of the order by TROTEC® takes place immediately after being sent in text form by automated email. With this confirmation, the purchase contract is concluded.
Contractual content and storage
The content of the contract is stored and is included in the order confirmation email together with all relevant information such as supplier identification, order contents and the T&Cs in text form. The terms and conditions of the contract can also be viewed at any time at the following link: https://en.trotec.com/shop/terms-business . The content of the order, including previous orders, can be viewed and accessed in the "Customer Login" area, provided that the customer has registered.
Each page of the TROTEC® offers can be printed out at any time using the browser' s print function or the "Print page" button at the bottom of the page.
You can experience the shop in different languages; the contract languages are German, English, Finnish, French, Italian, Polish, Romanian, Swedish, Spanish and Turkish. However, the German language shall always apply to contractual relations and processing.
General Terms and Conditions of TROTEC® GmbH
1. Validity of the conditions
TROTEC® GmbH (hereinafter referred to as TROTEC®) provides all deliveries and services exclusively on the basis of these Terms and Conditions Deviating terms and conditions of business of the contracting parties shall not become part of the contract unless they are expressly acknowledged by TROTEC® in text form and included in the contract and shall then only apply to the respective transaction.
2. Subject of the contract
The respective subject matter and scope of delivery/service of the purchase contract result from the item description as they are evident from the current TROTEC® offer at the time of the order. Guarantees shall only apply if they are contained in the item description or have been warranted by TROTEC® in text form.
3. Terms of payment / counterclaims
Payment can be made variably and conveniently by credit card, PayPal express purchase, cash on delivery, cash in advance or invoice (for public institutions only).
- In the event that payment with the PayPal© system is chosen, the processing is based on the conditions given by PayPal©. You can find out more details here: PayPal© or in the Info Centre.
- If the consignment is not accepted in the cash on delivery procedure, the purchaser shall reimburse the cash on delivery and transport costs incurred plus a handling fee of € 30.00; the respective contractual party reserves the right to prove higher or lower damages.
- In the event that payment in advance is chosen, TROTEC® shall confirm the order in text form and collect the amount due by invoice. This is payable immediately. After receipt of payment, the ordered goods/provision of the service will be dispatched. In addition, it is pointed out that according to the legal regulation, default occurs 30 days after receipt of the invoice.
- In the event that payment by invoice is chosen (only for public institutions), the goods will be dispatched immediately after the order is placed. The invoice is due for payment immediately. The parties agree that the payment shall be settled within five working days after receipt of the invoice. It is pointed out that, irrespective of a reminder, default automatically occurs 30 days after receipt of the invoice (§ 286 para. 2 BGB [German Civil Code]), subject to the default provision from sentence 3. It is pointed out that the recipient of the invoice, in accordance with § 286 BGB, will be in default if he/she does not make payment at the latest within 30 days after due date and receipt.
- Insofar as TROTEC® becomes aware of circumstances after conclusion of the contract which impair compliance with the purchaser' s contractual obligations, such as payment obligations, TROTEC® shall be entitled to refuse to execute the order until security (such as a guarantee) or performance (such as payment) has been provided; TROTEC® shall set a reasonable deadline for this (§ 321 BGB).
- The purchaser shall only be entitled to offset a counterclaim against TROTEC® if the counterclaim is undisputed or has become res judicata. The assertion of a right of retention is only permissible insofar as the counterclaim is based on the same contractual relationship.
- Insofar as a delivery becomes impossible due to a lack of self-supply, TROTEC® shall be entitled to withdraw from the contract. TROTEC® shall inform the purchaser immediately of the non-availability and reimburse any consideration already paid without delay.
- Delivery takes place within 1 to 3 working days within the EU. Outside the EU, the delivery time is 3 to 5 working days. These delivery details refer to the period after receipt of order upon confirmation of payment. The information on readiness for dispatch refers to stock at the central warehouse and to dispatch after confirmation of payment. The delivery time from order therefore also depends on the selected payment method (such as PayPal® or credit card) and availability. Please also read the delivery status page.
- If the object or scope of services is changed at the request of the purchaser after acceptance of the offer (by TROTEC®) this shall in any case set a new reasonable delivery period, also for the unchanged part of the order.
- Two weeks after a delivery date or delivery period has been exceeded, the purchaser may request in writing that TROTEC® fulfil the contract within a reasonable period of time, but at least 10 days. This shall not apply if the purchaser has failed or refused to cooperate in the performance by TROTEC®. If TROTEC® does not provide the service by the expiry of the set deadline, the purchaser may withdraw from the contract (§ 323 BGB). This does not apply if the exceeding of the deadline is due to force majeure and other unforeseeable hindrances, such as riots, operational disruptions, strikes, lock-outs, even if they occur at TROTEC®’s suppliers or sub-suppliers. TROTEC® reserves the right to make customary deviations, provided that the services to be provided are not significantly changed and this is reasonable for the purchaser.
- The colour depiction on a screen may differ slightly from the real colour.
5. Transfer of risk
- The risk of any loss or deterioration of the item shall pass to the purchaser upon handover to or default of acceptance by the purchaser, in the case of purchase by destination, already upon handover to the person carrying out the transport. If dispatch becomes impossible through no fault of TROTEC® or is prevented due to lack of cooperation on the part of the purchaser, the risk shall pass to the purchaser upon notification of readiness for dispatch.
- TROTEC® reserves the right to ship the goods by a route other than the one specified; even if the purchaser instructs otherwise, if this does not result in a significantly higher risk of deterioration or loss. Liability according to § 447 II BGB is limited to cases of gross negligence and intent.
- Damage that was already present as such in the item description at the time the contract was concluded cannot be recognised as transport damage.
6. Acceptance and compensation
The purchaser shall inspect the delivered goods for any transport damage immediately upon receipt and notify TROTEC® in writing immediately of any existing damage. Insofar as justified transport damage is complained of, TROTEC® shall, at its own discretion, assign the legal rights to the purchaser or assert them in its own name; for the latter, the commercial purchaser undertakes to authorise TROTEC® to collect to the extent required.
- If the purchaser is in default of acceptance, he/she shall bear any risk of loss or deterioration, unless TROTEC® is accused of gross negligence or intent. In this case, TROTEC® shall be entitled to refuse the renewed shipment and may demand advance payment of the renewed shipping costs from the purchaser within a reasonable period of time.
- If the purchaser fails to comply with the obligation to collect the goods or to pay the shipping costs within the period specified in letter b. above, TROTEC® shall be entitled to withdraw from the contract and to claim damages.
- Insofar as TROTEC® is entitled to withdraw from the contract, TROTEC® shall be entitled to demand compensation for damages. This amounts to 30% of the net value of the goods plus any further transport and storage charges incurred. We reserve the right to claim higher damages. The purchaser shall be at liberty to prove that the damage was less.
- New goods
The following provisions apply to orders for newly manufactured goods.
- The warranty period is one year and begins with the delivery/collection of the goods. The goods must be inspected for existing defects immediately upon delivery/collection. Obvious defects must be reported to TROTEC® in written form within two working days of delivery/collection or knowledge of the goods. Non-obvious defects must be reported to TROTEC® in written form within three working days of the defect occurring.
- If the purchase is a mutual commercial purchase, it is agreed that the obligation to give notice of defects in accordance with § 377 HGB [German Commercial Code] is satisfied if TROTEC® receives notification of the defect in written form within two working days of receipt of the goods or discovery of the defect.
- If there is a defect or if a defect occurs during the warranty period, TROTEC® shall be entitled, at its discretion, to remedy this defect by means of subsequent delivery, replacement delivery or rectification. If this does not result in freedom from defects even after two attempts to remedy the defect, the purchaser shall retain the statutory warranty rights.
- If operating or maintenance instructions from the manufacturer or TROTEC® are not followed, if modifications are made to the products, if parts are replaced or if consumables are used that do not comply with the original specifications, the warranty will become void.
- Operating materials and accessories subject to natural wear and tear are excluded from the warranty.
- Remaining stock and goods damaged in transit shall be deemed to be new goods unless they are expressly marked as used goods.
- Independent warranty claims by the manufacturer or TROTEC® remain unaffected by the above provisions.
- For software, insofar as it is the subject of the scope of services, Clause 11 shall apply in addition.
- Used goods
The following provisions apply to orders for used goods.
- Used items, including those offered in the purchaser' s order, and demonstration units are sold under exclusion of any warranty.
- Express warranty statements, assurances or guarantees in the item description remain unaffected by this.
- For software, insofar as it is the subject of the scope of services, Clause 11 shall apply in addition.
Claims for damages on any legal grounds whatsoever, be it for non-performance, breach of contractual or statutory ancillary obligations, culpa in contrahendo, contracts with protective effect for third parties and tort, shall be excluded against TROTEC®, as well as against its legal representatives, and against their vicarious agents or assistants, unless the damage is due to intent or gross negligence. This shall not apply in the case of claims for damages based on a warranty of quality which is intended to protect the purchaser against the risk of consequential harm caused by a defect.
TROTEC® is otherwise liable for
- in the full amount of the damage in the event of its own gross negligence, that of its legal representatives and that of its senior vicarious agents, but not in the event of gross negligence on the part of simple vicarious agents;
- in addition, on the merits in the event of any culpable breach of cardinal obligations, in this case also by simple vicarious agents.
- Liability shall be limited in amount to compensation for typically foreseeable damage.
The foregoing warranty and exclusion of liability pursuant to Sections 7 and 8 shall not apply to damage resulting from injury to life, limb or health caused by a negligent breach of duty on the part of TROTEC® or an intentional or negligent breach of duty on the part of a legal representative or vicarious agent of TROTEC®.
10. Data protection/info
11. Special features of software components / software deliveries
Insofar as software is part of the operation and/or use of the object of performance or partial performance of the delivery, the following special conditions shall apply.
- The software may only be used and applied for the intended purpose. Any reproduction is prohibited unless expressly permitted by the respective software manufacturer. In any case, the licence conditions of the manufacturer apply.
- In any case, the property rights arising from the relevant laws, such as European and international copyright laws, trademark or other industrial property rights, should be observed.
- TROTEC® guarantees the functionality of the software components only within the scope of the respective manufacturer' s specifications.
- In addition, the general terms and conditions of the software manufacturers shall apply, which in this case shall also be included in the contract as part of the contract.
12. Additions / related transactions
Insofar as free gifts are included with individual articles, these are linked to the main transaction and cannot be contested in isolation. Ownership of the free gifts shall not pass to the purchaser until the cancellation period for the main item has expired.
- If the main transaction is revoked, the addition must also be returned as part of the basic transaction and still the property of TROTEC®.
13. Special features for articles in foreign trade
Certain articles are only intended for the intra-European market and are subject to export bans to third countries. Insofar as the sale of an item is prohibited by statutory provisions, TROTEC® reserves the right to revoke the contract for good cause and shall notify the contract partner without delay and reimburse any amounts paid without delay.
14. Place of performance, place of jurisdiction, applicable law
The place of performance and exclusive place of jurisdiction for both parties shall be 52525 Heinsberg; this shall also apply to bills of exchange and cheque claims.
- All legal relations between the parties shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if the purchaser is domiciled or habitually resident abroad or the goods are delivered abroad. The same applies if the purchaser later moves his/her habitual residence abroad or is unreachable.
Grebbener Straße 7
Phone: +49 2452 962-450
Fax: +49 2452 962-92450
Trotec GmbH, HRB 13453 Register Court: Aachen Local Court, represented by the managing directors: Detlef von der Lieck, Joachim Ludwig, Alexandra Goertz
Information on online dispute resolution:
The EU Commission has created an internet platform for online dispute resolution (so-called "ODR platform"). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. You can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr
Trotec GmbH does not participate in the arbitration procedure.