Terms of Service

the company Aurificina Treverica, owner Mr. Erik König

§ 1 Scope and definition of terms

(1) These terms and conditions are part of all legal transactions, in particular all purchase, delivery and work contracts that we conclude with our customers.

(2) Our services and offers are based exclusively on these terms and conditions. In business dealings, these conditions are deemed to have been accepted at the latest when the goods or services are received.

(3) A consumer in terms of the terms and conditions is any natural person with whom a business relationship is entered into, without this being a commercial or self-employed professional activity.

(4) An entrepreneur in terms of these terms and conditions is any natural or legal person or partnership with legal capacity with whom a business relationship is entered into and which acts in the exercise of a commercial or independent professional activity.

(5) Customers in terms of these terms and conditions are both consumers and entrepreneurs. Conditions of our customers that deviate from these terms and conditions or other deviating agreements only become part of the contract if they are expressly recognized by us in text form. This also applies if we have not contradicted the conditions of our customers in individual cases.

(6) References or counter-confirmations by our customers with reference to their conditions are already expressly contradicted.

§ 2 Offer and conclusion of contract

(1) Our offers are subject to change and non-binding. In this respect, our offers merely represent an invitation to submit offers on the part of the customer (invitatio ad offerendum). Conclusions of contracts (orders) therefore require express confirmation in text form by the seller in order to be legally valid. The contract is concluded at the latest with the delivery of the goods or with the start of the performance by the seller.

(2) The customer can add one or more products to the shopping cart. In the course of the ordering process, he enters his personal data and individual wishes regarding the design of the goods. A binding offer to conclude a purchase contract is only made when the order button is clicked. The customer can also submit a binding offer by telephone.

(3) We are entitled to accept offers submitted by telephone or via the Internet within a period of 10 working days after receipt by sending an order confirmation in text form. After the unsuccessful expiry of the period specified in sentence 1, the offer is deemed to have been rejected so that the customer is no longer bound by the offer.

(4) Insignificant or customary deviations from the description of the offer are considered approved and do not affect the fulfillment of the contract. The information contained in catalogs, brochures, circulars, advertisements, price lists as well as on the website, etc. about performance, dimensions, weights, prices, scope of delivery and the like are only binding if this is expressly agreed between the parties.

§ 3 prices and terms of payment

(1) The prices always apply from the warehouse of the office receiving the order and to businesspeople plus the statutory sales tax applicable in Germany. Costs for transport, packaging, insurance and customs etc. will be charged separately.

(2) Unless otherwise stated in the order confirmation, the purchase price must be paid in full in advance in advance. We accept payments by bank transfer or online payments via PayPal.

(3) In spite of the customer's provisions to the contrary, we are entitled to offset payments against his older debt first. We will inform the customer about the type of billing that has taken place. If costs and interest have already arisen, we are entitled to offset the payment first against the costs, then against the interest and finally against the main claim.

(4) In the event that partial payments have been agreed, the entire purchase price is due for payment if the customer fails to pay an installment more than 7 days after the due date. The payment of an installment always counts as acceptance of the installment agreement.

§ 4 delivery time

(1) Delivery dates or deadlines, which can be agreed as binding or non-binding, must be in writing.

(2) The start of the contractually agreed delivery time always assumes the timely and proper fulfillment of the customer's obligations. The exception of the unfulfilled contract remains reserved.

(3) If the customer is in default with the acceptance of the delivery or if he culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage we suffer as a result, including any additional expenses. We reserve the right to make further claims. For his part, the customer reserves the right to prove that no damage occurred at all or at least significantly less in the amount requested. The risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point at which the customer is in default of acceptance or default.

(4) Further legal claims and rights of the customer due to a delay in delivery remain unaffected.

(5) We are entitled to make partial deliveries at any time, as long as these are reasonable for the customer.

§ 5 Transfer of Risk

(1) Except in the case of a mail order sale to a consumer, the risk of accidental loss and accidental deterioration is transferred to the customer as soon as the goods have been handed over to the customer or his agent - in the case of dispatch to the person carrying out the transport has left our company for the purpose of dispatch.

(2) This also applies if the shipment does not take place from the place of performance and regardless of who bears the transport costs, even if we carry out the shipment ourselves. If the goods are ready for dispatch and the dispatch is delayed for reasons for which the customer is responsible, the risk is transferred to the customer upon receipt of the notification of readiness for dispatch. We deliver in commercial packaging.

(3) Any special packaging requested will be billed to the customer. We are entitled, but not obliged, to insure the goods on account of the customer.

§ 6 Extended reservation of title

(1) We reserve ownership of all goods we have delivered to the customer until all of our claims against customers for deliveries of goods have been paid in full (reserved goods).

(2) As long as the customer is not in default, he is entitled to process and / or resell the reserved goods in the ordinary course of business. The customer hereby assigns to us any claims he is entitled to against third parties from the resale or for other reasons with regard to the reserved goods as a precaution; We accept this assignment. At the same time, we revocably authorize the customer to collect the assigned claims in his own name and for his own account. In the event of cancellation and at our request, the customer must disclose the assignment made to his debtor and present us with the invoices, delivery notes, bank details, etc. necessary for collecting the claim.

(3) If our reservation of ownership expires due to processing of the items delivered by us, the customer hereby transfers to us the co-ownership of the uniform item created by the connection. The handover is replaced by the fact that the customer keeps the new item created by the connection for us free of charge.

(4) If third parties assert rights with regard to the reserved goods, e.g. in the event of a seizure, the customer must point out our ownership and notify us immediately. The customer must reimburse the costs of any intervention that may become necessary.

§ 7 warranty

(1) If the customer is a consumer, he first has the choice of whether the supplementary performance is to be carried out through repair or replacement. However, we are entitled to refuse the type of supplementary performance chosen if it is only possible at disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.

(2) If the supplementary performance fails, the customer can in principle, at his discretion, request a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal). However, in the case of only a minor lack of conformity, in particular only minor defects, the customer has no right of withdrawal.

(3) For entrepreneurs, § 377 HGB applies; Otherwise the assertion of warranty claims is excluded. The entrepreneur bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notification of defects.

(4) If the customer chooses compensation after a failed supplementary performance, the goods remain with the customer if this is reasonable for him. The compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if we have maliciously caused the breach of contract.

(5) For entrepreneurs, the warranty period is one year from delivery of the goods. For consumers, the limitation period is two years from delivery of the goods. This does not apply if the customer has not reported the defect to us in good time in a contract between businesspeople.

(6) If the customer is an entrepreneur, only the manufacturer's product description is deemed to be agreed as the quality of the goods. Public statements, promotions or advertising do not represent a contractual specification of the quality of the goods. The customer does not receive any guarantees in the legal sense from us. Manufacturer guarantees remain unaffected.

(7) The customer has no warranty claims in the event of defects caused by improper handling by the customer or his customers. If the customer has made claims against us for warranty claims and it turns out that either there was no defect or the alleged defect is based on a circumstance which does not oblige us to guarantee, the customer must reimburse us for all costs incurred as a result, if he is responsible for our claims.

§ 8 Limitation of Liability

(1) Within the scope of the order, we are liable for all damage to the customer that we or our legal representatives or vicarious agents have caused intentionally or through gross negligence. This also applies to contracts for work and services in which we have assumed a guarantee for the quality of the item and breaches of duty that result in injury to life, limb or health or are based on the provisions of the Product Liability Act.

(2) In the case of slight negligence, the claim for damages is limited to the foreseeable, contract-typical damage. Typical of the contract are the contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely. In the case of slight negligence, there is no liability for indirect damage, consequential damage due to defects or loss of profit. In all other cases our liability is excluded. This also applies to the personal liability of our representatives and vicarious agents.

(3) The customer exempts us from any claims that third parties may assert against us due to the violation of their rights or due to legal violations based on the offers or content made available by the customer. In this regard, the customer also assumes our costs of the necessary legal defense, including all court and lawyer costs.

§ 9 cancellation policy for consumers

(1) Right of withdrawal

a) If the customer is a consumer, he has the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which the customer or a third party named by the customer who is not the carrier has taken possession of the goods.

b) In order to exercise the right of cancellation, the customer must inform Aurificina Treverica of his decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email).

c) To meet the withdrawal deadline, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the withdrawal period has expired.

(2) Consequences of the withdrawal

a) If the customer cancels this contract, we have all payments that we have received from the customer, including the delivery costs (with the exception of the additional costs that result from the fact that the customer uses a different type of delivery than that offered by us, have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of the cancellation of this contract.

b) For this repayment, we use the same payment method that was used in the original transaction, unless another payment method has been expressly agreed with the customer.

c) We can refuse repayment until we have received the goods back. The customer must return or hand over the goods immediately and in any case no later than fourteen days from the day on which he informed us of the cancellation of this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The customer bears the direct costs of returning the goods.

d) The customer only has to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary to check the quality, properties and functionality of the goods.

(3) Exclusion of the right of withdrawal in accordance with Section 312g Paragraph 2 No. 1 BGB

a) A right of revocation does not exist in the case of contracts for the delivery of goods that are not prefabricated or stock items, but for whose manufacture an individual selection or determination by the customer is decisive or which must be manufactured according to the order. The articles in our shop show a selection of articles that the customer can order. The customer can find out in advance at any time whether the desired item is part of the stock item.

§ 10 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies exclusively to these terms and conditions and the entire legal relationship between us and the customer. The provisions of the uniform sales law and the UN sales law do not apply between us and the customer. This also applies to deliveries abroad, unless there are mandatory consumer law provisions.

(2) If the customer is a registered trader within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Trier is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

§ 11 online dispute resolution

(1) Since February 15, 2016, the EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without the involvement of a court. The dispute settlement platform can be reached under the external link.

https; // ec.europa.eu/consumers/odr/

(2) In this context, we are legally obliged to inform the customer of our email address. This is: info@replik-online.de

(3) We endeavor to amicably resolve any differences of opinion arising from our contract. In addition, we are not obliged to participate in an arbitration procedure and we do not offer you to participate in such a procedure.

§ 12 final provisions

(1) We reserve the right to change these terms and conditions at any time without giving reasons. We will notify the customer of changes to these terms and conditions in writing, by fax or by e-mail. If the customer does not object to such changes within two weeks of receiving the notification, the changes are deemed to have been agreed. The customer is informed separately of the right to object and the legal consequences.

(2) The ineffectiveness of individual conditions does not affect the effectiveness of the others. In the event of the ineffectiveness of individual clauses, the parties will try to replace the ineffective clause with an effective clause that comes closest to the meaning of the ineffective clause. The same applies in the event of a loophole.

Copyright 2021 by Aurificina Treverica, owner Mr. Erik König