General terms & Conditions
1.1 The following general terms and conditions (hereinafter “T&Cs”) apply for all orders placed with Trier Tourismus und Marketing GmbH (hereinafter “ttm”) by the customer through the www.trier-info.de website (hereinafter “online shop”), and become part of the purchase agreements concluded here.
1.2 The customer’s order will be processed in accordance with the T&Cs applicable at the time the order is placed. The T&Cs as amended are available for viewing under the “Terms & Conditions” menu item in the online shop.
1.3 Conflicting or differing customer terms and conditions or other customer restrictions are not considered part of the contract unless ttm has expressly and specifically consented to them prior to contract conclusion.
2. Contact details
3.1 “Consumer” as defined by these T&Cs is the customer in every contract concluded with ttm for a purpose that cannot be linked to the customer’s commercial work or self-employment.
3.2 “Entrepreneur” as defined by these T&Cs is the customer in every contract concluded with ttm for a purpose that can be linked to the customer’s commercial work and/or self-employment.
3.3 “Customers” as defined by these T&Cs are both consumers and entrepreneurs.
4. Concluding contracts in the online shop
4.1 The online shop is available in German.
4.2 Presenting products in the online shop does not constitute a legally binding offer by ttm to the customer. The customer only submits a legally binding contractual offer to ttm for the goods contained in the shopping basket after entering the necessary details and clicking the “Pay and order now” button in the final state of the order process.
4.3 The customer may use the customary keyboard and mouse functions to keep correcting all information entered before bindingly placing the order.
4.4 All information will be displayed again in a confirmation window before the order is bindingly placed, and may also be corrected there by the customer using the customary keyboard and mouse functions.
4.5 The customer receives a non-binding confirmation of order receipt by email as soon as their order has been placed. A purchase agreement regarding the ordered goods only takes effect, however, if the order has been expressly confirmed by ttm by email or fax once it has checked its stock (order confirmation), or at the latest at the time the goods are delivered to the customer.
4.6 The contractual text, including the T&Cs applicable at the time of contract conclusion, is not stored by ttm, meaning it is no longer available to the customer in this version once the contract has been concluded. The customer may, however, retrieve the T&Cs during the order process, and save these in a reproducible format for subsequent viewing.
4.7 ttm is not subject to any special or other codes of conduct not mentioned here.
5. Prices and payment conditions
5.1 The prices stated on the day of order, which include the legal VAT but do not include delivery and shipping costs, shall be definitive.
5.2 Unless otherwise specially agreed, all payments must be made by credit card, PayPal or bank transfer.
5.3 A payment is only considered as having been made if ttm can access the amount without restriction.
6.1 ttm is entitled to make partial deliveries and render partial services at any time, insofar as this is feasible for the customer.
6.2 Unless otherwise agreed, ttm is free to determine the shipping method. Additional costs resulting from special shipping requests by the customer are borne by the customer.
6.3 If the customer is an entrepreneur (cf. 3.2), the risk of ruined, lost or damaged goods is transferred to the customer at the time the goods are sent, or, in the event the goods are collected by the customer, at the time they are made available for collection.
7.1 If the customer is an entrepreneur (cf. 3.2), ttm guarantees it will, at its discretion, either repair or replace defective goods.
7.2 Entrepreneurs are obliged to check the goods for defects as soon as they are received, and immediately report any defects in writing – or within no more than two weeks of receiving the goods; otherwise no warranty claims may be raised.
7.3 The guarantee for entrepreneurs is one year from the day of goods delivery. This does not apply if ttm maliciously conceals a defect.
7.4 If the customer is a consumer (cf. 3.1), ttm provides guarantees in accordance with the legal regulations.
ttm’s liability, regardless of the legal grounds, is limited to typical, foreseeable damage.
This does not apply
(1) To breaches of major contractual duties, i.e. contractual obligations which must be fulfilled in order for the contract itself to be duly executed, and which the customer can rightfully expect to be fulfilled,
(2) To cases of death, physical injury or harm to health,
(3) To deliberate or grossly negligent breaches of obligation by ttm, its legal representatives or its assistants,
(4) To liability under the Product Liability Act, and
(5) To claims resulting from guarantees.
9. Retention of title
9.1 The goods shall remain ttm’s property until complete fulfilment of all obligations resulting from the business relationship with ttm, including ancillary claims, compensation claims, and redemption of cheques and bills of exchange. The retention of title shall continue to apply if ttm includes individual claims in a running invoice, and the balance has been struck and acknowledged.
9.2 Processing or reshaping at the customer’s end is always performed for ttm, without the customer being able to raise any claims against ttm for this processing. If ttm’s (co-)ownership is forfeited as a result of product combination, it is hereby agreed that the customer’s (co-)ownership of the resulting product shall be transferred to ttm in proportion to the value (invoice value).
10.1 The customer’s data is only used to process the order. All customer data is stored and processed in accordance with the relevant provisions of the General Data Protection Regulation (GDPR) and the new German Federal Data Protection Act (BDSG (new)), and deleted as per the legal storage periods.
10.2 The customer is entitled to correct, block, delete and receive information on the stored data free of charge at any time.
11. Information on online dispute resolution
ttm advises the customer on the possibility of online dispute resolution based on EU Regulation No. 524/2013 on the online resolution of consumer-rights disputes, which took effect on 9/1/2016. The European Commission has established a platform for this, which consumers may use for extrajudicial dispute resolution. The seller provides a link to this platform in its legal info section.
12. Information on consumer dispute resolution procedures
Based on Section 36 Para. 1 of the German Consumer Dispute Resolution Act (VSBG), which took effect on 1/2/2017, ttm advises the customer that, based on said act, ttm does not participate in dispute resolution procedures carried out before a consumer arbitration board.
13. Final provision, applicable law, jurisdiction
13.1 Federal German law applies, under exclusion of the UN Convention on Contracts for the International Sale of Goods. This rule does not affect mandatory regulations issued by the country in which the customer has their permanent place of residence.
13.2 The contractual language is German.
13.3 The place of jurisdiction for traders is ttm’s company headquarters.