Terms of service

The following Terms and Conditions govern purchase contracts concluded via this online shop between TROIKA Onlineshop GmbH, Nisterfeld 11, 57629 Müschenbach, Germany and the respective purchaser.

§ 1 Scope, definitions

  1. The following General Terms and Conditions, in the version valid at the time of the order, shall apply to the business relationship between the web shop seller (hereinafter the “Seller”) and the purchaser (hereinafter the “Customer”). Deviating terms and conditions of the Customer shall not be recognised unless the Seller expressly agrees to their applicability.

  2. A “consumer” is any natural person who concludes a legal transaction for purposes which predominantly can neither be attributed to their commercial nor their self-employed professional activity, Section 13 BGB. By contrast, an “entrepreneur” is any natural or legal person or legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity, Section 14 BGB.

§ 2 Conclusion of contract

Where “goods” are referred to below, this shall also include – where offered – digital products (digital content or digital services) as well as goods with digital elements.

  1. The presentation of the goods in the online shop does not constitute a legally binding offer, but merely an invitation for the Customer to submit an offer. The Customer may select goods from the Seller’s range and collect them in a so-called shopping basket via the relevant button. By clicking the button required to conclude the purchase contract, the Customer submits a binding offer to purchase the goods contained in the shopping basket. Before submitting the order, the Customer may change and review the data at any time. The Customer may at any time, prior to placing a binding order, use the “Back” button in the browser to return to the page where their data were entered. Input errors can be corrected there. The ordering process can be cancelled by closing the internet browser. However, the offer can only be submitted and transmitted if the Customer accepts these contractual terms and thereby includes them in their offer.

  2. Confirmation of receipt of the Customer’s order shall be sent together with acceptance of the order immediately after submission by an automated email. The purchase contract is concluded upon this email confirmation.

If the Customer has chosen a payment method with immediate payment (such as PayPal / PayPal Plus / PayPal Express, Amazon Payments, Sofortüberweisung), the contract is concluded at the time the Customer confirms the payment instruction. If the Customer has chosen advance payment (Vorkasse), the contract is already concluded when the Customer receives a request for payment including the relevant bank details before the Seller’s declaration of acceptance. By sending this request for payment, we accept your offer.

  1. The contract text as well as any warranty/guarantee terms shall be sent to the Customer on a durable medium (email or paper printout) with the email (order receipt and acceptance) or in a separate email, but at the latest upon delivery of the goods. The contract text shall be stored in compliance with data protection requirements. The Seller’s current Terms and Conditions can be viewed by the Customer at any time at https://troika.de/policies/terms-of-service. Previous orders can be viewed in the customer area under Customer account -> Orders.

§ 3 Production of goods to customer specifications

We do not manufacture any goods to customer specifications.

§ 4 Start of delivery period, delivery, provision of digital content

  1. In the case of payment in advance, the delivery period begins on the day after the payment order is issued to the remitting bank, or, in the case of other payment methods, on the day after conclusion of the contract, and ends upon expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a generally recognised public holiday at the place of delivery, the next working day shall take the place of such day.

  2. Delivery shall be made to the delivery address specified by the Customer.

  3. If delivery to the Customer was not possible and the transport company returns the ordered goods to the Seller, the Customer shall bear the costs for the unsuccessful shipment. This shall not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had announced this to the Customer a reasonable time in advance.

§ 5 Retention of title

Until full payment has been made, the delivered goods shall remain the property of the Seller.

§ 6 Prices and shipping costs

  1. The prices stated on the Seller’s website include the applicable statutory VAT.

If the web shop offers are directed exclusively at other entrepreneurs, the prices are stated plus the applicable statutory VAT.

  1. Any shipping and delivery costs incurred will be shown during the ordering process and – unless stated otherwise – shall be borne by the Customer.

For consumers:

3a. Goods are shipped by a transport company commissioned by the Seller. The Seller bears the shipping risk where the Customer is a consumer.

For entrepreneurs:

3b. Goods are shipped by a transport company commissioned by the Seller. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the purchaser as soon as the Seller has handed the item over to the forwarding agent, carrier or other person or institution designated to perform the shipment.

§ 7 Payment terms

  1. During the ordering process, the payment options available to the Customer are displayed. These may include, for example, payment options such as advance payment, credit card, or the use of payment service providers such as PayPal, Klarna or Amazon Pay. Further information is provided to the Customer during the ordering process. The Seller may determine the payment options available at its own discretion.

  2. The purchase price is due immediately after conclusion of the contract, unless a later due date has been agreed between the parties. If the due date is determined by the calendar, the Customer shall already be in default by failing to meet the deadline.

For consumers:

2a. Clause 2 applies only provided that the Customer has been specifically informed of this legal consequence in the invoice or payment statement. In the event of default, the Customer shall pay default interest to the Seller in the amount of 5 percentage points above the respective base interest rate.

For entrepreneurs:

2b. In the event of default, the Customer shall pay default interest to the Seller in the amount of 9 percentage points above the base interest rate.

  1. The Customer’s obligation to pay default interest does not exclude the Seller’s assertion of further damages caused by default.

  2. Promotional vouchers are issued free of charge and are valid only for a limited period. The Customer can find the validity period on the respective voucher. The voucher can be redeemed in the Seller’s online shop only during this period and only for the goods included in the promotion. The credit balance of a promotional voucher will neither be paid out in cash nor accrue interest. Only one promotional voucher may be redeemed per order. The voucher code must be entered in the designated fields before completion of the order. Subsequent offsetting against the voucher is not possible. The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller. If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be used to pay the difference. The voucher is not personal and is therefore transferable, so that the Seller may render performance to the respective voucher holder with discharging effect. This does not apply if the holder redeeming the voucher was not entitled to do so and the Seller knew this or did not know this due to gross negligence. If goods paid for with the voucher are returned in the event of withdrawal, there is no entitlement to a refund of the voucher. The voucher will be made available to the Customer as contractually agreed, for example by download.

§ 8 Liability for defects, guarantee

  1. Statutory warranty rights apply to all goods sold by the Seller. The Seller is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. BGB.

  2. In relation to entrepreneurs, the warranty period for newly manufactured items delivered by the Seller is 12 months from the transfer of risk. The limitation periods for Seller’s recourse pursuant to Section 445a BGB remain unaffected.

  3. Any additional guarantee for the goods delivered by the Seller exists only if it was expressly provided for the respective item in the order confirmation. The scope of any guarantee can be found in the respective guarantee terms.

§ 9 Liability

  1. Claims of the Customer for damages are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Seller, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.

  2. In the event of a breach of essential contractual obligations, the Seller shall be liable only for the typical, foreseeable damage if this was caused by simple negligence, unless the Customer’s claims for damages arise from injury to life, limb or health.

  3. The limitations of paragraphs 1 and 2 also apply in favour of the Seller’s legal representatives and vicarious agents if claims are asserted directly against them.

  4. The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.

§ 10 Right of withdrawal

If the Customer is a consumer, they are entitled to a statutory right of withdrawal. Further information on the right of withdrawal can be found in the withdrawal information.

§ 11 Information on data processing

Data protection is particularly important to us. You can therefore find our detailed Privacy Policy separately on our website.

§ 12 Code of conduct

The Seller has submitted to the code of conduct of Geprüfter Webshop, which can be viewed online at https://www.gepruefter-webshop.de/verhaltenscodex/.

§ 13 Force majeure

  1. “Force majeure” means the occurrence of an event which prevents a party from performing one or more of its contractual obligations under the contract, provided that and insofar as the party affected by the impediment proves that it is an external event with no operational connection which cannot be averted even by exercising the utmost care reasonably to be expected, and which does not fall solely within the risk sphere of the affected contractual party.

  2. Until proven otherwise, the following (non-exhaustive) events are presumed to constitute “force majeure”:

  • war, extensive military mobilisation, hostilities, attack, acts of foreign enemies, civil war, riot, rebellion, acts of terrorism, sabotage or piracy;

  • currency and trade restrictions, embargo, sanctions;

  • pandemic, epidemic, or infectious diseases taking into account the risk level determined by the Robert Koch Institute of at least “moderate”, or the assessment of the World Health Organization (WHO);

  • natural disaster or extreme natural event;

  • explosion, fire, destruction of equipment, prolonged failure of means of transport, telecommunications, information systems or energy;

  • general labour unrest such as boycott, strike and lockout, occupation of factories and buildings.

  1. In cases of force majeure, the contractual party affected shall be released, for the duration and to the extent of the impact, from the obligation to deliver or accept delivery and/or from providing the service, provided that this is notified without undue delay. If notification is not given without undue delay, the release shall take effect from the time the notification reaches the other party. The release from the obligation to deliver or accept delivery shall apply for as long as the asserted impediment prevents performance of the contract by the affected party.

Buyers should inform the Seller if an order remains unanswered and/or unprocessed, but the buyer wishes to adhere to the order. This information must be provided in writing by email or letter, in any case in a manner that ensures that the Seller receives the information letter.

  1. Unless otherwise agreed, the contract may be terminated by either party if the duration of the impediment exceeds 120 days. In the event of termination, the services provided up to that point shall be refunded in each case.

  2. The affected party shall take all appropriate and reasonable measures to eliminate the force majeure situation and to mitigate the negative consequences of force majeure that have occurred or may occur for the other contractual party.

  3. If the subject matter of the contract is a service to be provided by the affected party, that party shall be entitled to reschedule the provision of the service. If no alternative date can be offered or accepted within 120 days of the start of the event, the contract may be terminated by either party and any services already received must be returned.

  4. If the subject matter of the contract is an event, the organiser shall be entitled to reschedule the time and venue of the event. If the participant cannot accept the new offer, regardless of the reason, they shall be entitled to an alternative date. If no alternative date can be offered or accepted within 120 days of the start of the event, the contract may be terminated by either party and any services already received must be returned.

§ 14 Final provisions

  1. The law of the Federal Republic of Germany shall apply to contracts between the Seller and the Customers, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of orders by consumers from abroad, mandatory provisions or protection granted by case law of the respective country of residence shall remain unaffected and shall apply accordingly.

  2. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the provider shall be the provider’s registered office.

  3. The contract language is German.

Copyright notice

These Terms and Conditions were prepared by the contract lawyers of TISKO Consulting GmbH (https://www.Gepruefter-Webshop.de) and are protected by copyright. Any further use beyond the contractual agreement or the copying and unauthorised use of the texts is not permitted and constitutes a copyright infringement which will be prosecuted by law.

 

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