| 1. |
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 Scope |
| 1.1 |
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The version of these general terms of business in force at the time when the contract is concluded shall apply to all mutual claims from and in connection with a contract concluded between the customer and Tripus systems GmbH or MEI GmbH relating to catalogue mail order transactions.
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| 1.2 |
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In the event of conflicts, the following order of priority shall apply:
1. General terms of business
2. Statutory regulations |
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| 2. |
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Participants |
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Tripus systems GmbH or MEI GmbH shall conclude contracts with customers who
a) are private individuals who have unrestricted legal capacity and are over the age of 18, and also with
b) legal entities with either their normal abode or registered office in the Federal Republic of Germany, a member state of the European Union or Switzerland (hereinafter known as the “Customer”). If an offer from an unaccepted participant is accepted by Tripus systems GmbH or MEI GmbH by mistake, Tripus systems GmbH or MEI GmbH shall be entitled to declare its withdrawal from the contract to the Customer within a reasonable period of time. |
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| 3. |
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Subject of the contract |
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Tripus systems GmbH or MEI GmbH shall supply the goods ordered by the Customer or shall provide the services set out in the acceptance of the offer. § 434 para. 1 Sentence 3 of the German Civil Code also applies. If a recall/cancellation occurs, Tripus systems GmbH or MEI GmbH undertakes to return any deposits and/or advance payments made or to repay them on request by check or bank transfer. If it is a financed transaction, number 4.4 shall apply as and where applicable.
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| 4. |
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Contract conclusion / Cancellation information |
| 4.1 |
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The contract shall be concluded when Tripus systems GmbH or MEI GmbH accepts the Customer’s order.
Acceptance by Tripus systems GmbH shall be made on receipt of the goods by the Customer after the goods have been dispatched by Tripus systems GmbH or MEI GmbH, or on completion of the service by Tripus systems GmbH for the Customer. If the Customer places his order on the internet, Tripus systems GmbH or MEI GmbH shall confirm receipt of the order without delay by electronic means. Confirmation of the order shall not be regarded as acceptance of the contract. |
| 4.2 |
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As a result of the statutory right to cancel on the part of the Customer, the order and its acceptance by Tripus systems GmbH or MEI GmbH shall initially result in the conclusion of a transitional contract. The customer may cancel his contract declaration within 14 days in writing (for example letter, fax or email) or by returning the purchased goods without having to give any reasons. This period shall commence on the date of receipt of the goods by the Customer. The prompt dispatch of the cancellation or the goods shall be sufficient to meet this cancellation deadline. The cancellation is to be addressed to the following:
Tripus systems GmbH or MEI GmbH
Am Hohen Rain 2, D-89347 Bubesheim
Email: contakt
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| 4.3 |
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Consequences of cancellation
In the event of the contract being cancelled successfully, the items received by both parties must be returned. If the Customer cannot return the goods or services in full or in part or can only return them in a deteriorated condition, the Customer must provide compensation for the loss of value. This shall not apply if the deterioration of the goods was caused exclusively by an inspection of them using the same methods as would have been possible in a shop. The Customer may also avoid this duty to compensate for loss of value by not using the goods as if he were their owner and not taking any action which could adversely affect their value. Items which may be sent by parcel post must be returned at the Customer’s risk. The Customer must pay the cost of returning them if the goods were as ordered. Otherwise returning the goods shall be free of charge for the Customer. The right to cancel shall not apply to supplies of goods which were manufactured to the Customer’s specification or which are clearly tailored to personal needs or which are not suitable for returning due to their characteristics. The right to cancel does not apply either for electronic parts (e. g. brake modules, etc.) whenever the package has been opened. |
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| 5. |
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Lack of availability of the ordered goods or services |
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If Tripus systems GmbH or MEI GmbH finds after it receives the order that the goods or services ordered are no longer available from Tripus systems GmbH or MEI GmbH, Tripus systems GmbH or MEI GmbH may supply or offer or provide equivalent goods or services. In this case the Customer shall not be obliged to accept the goods or services and he shall not be responsible for paying for their return. |
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| 6. |
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Delivery / Shipment costs |
| 6.1 |
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For online orders the amount shall be shown in numbers before a final order is placed in the cart. We charge an additional handling fee shown on the product for awkward items which are identified individually as such. |
| 6.2 |
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As long as we receive the goods promptly, Tripus systems GmbH or MEI GmbH shall ensure that they are delivered quickly to the Customer. If only part of the order cannot be supplied immediately the remaining goods shall be delivered at a later date without an additional transport charge being made. Claims for compensation in this case shall be excluded unless Tripus systems GmbH or MEI GmbH is guilty of malice or gross negligence. |
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| 7. |
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Price, terms of payment |
| 7.1 |
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The prices shown in our catalogs are generally net prices. If the rate of value-added tax is increased, Tripus systems GmbH or MEI GmbH shall be obliged to charge the increased value-added tax rate. |
| 7.2 |
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In addition to the net price of the goods, the invoice shall also show the prices of supplementary services, such as postage and packing, etc. and also the rate of value-added tax in force on the date of the invoice (for private customers). |
| 7.3 |
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The catalog prices shall not apply to orders made via the homepages of Tripus systems GmbH or MEI GmbH and shall be replaced by the prices shown at the checkout stage. |
| 7.4 |
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Tripus systems GmbH or MEI GmbH reserves the right in individual cases to refuse to accept certain methods of payment and only to make requested deliveries against payment in advance, cash on delivery or immediate payment on delivery so as to secure the credit risk. |
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| 8. |
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Reservation of title |
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Tripus systems GmbH or MEI GmbH reserves titles to all goods which are delivered to a Customer until final and complete payment has been made for the supplied goods. If Tripus systems GmbH or MEI GmbH replaces any goods under the warranty, it is hereby agreed that title to the replacement goods shall be transferred at the relevant time from the Customer to Tripus systems GmbH and vice versa when on the one hand Tripus systems GmbH or MEI GmbH takes delivery of the goods returned by the Customer and the Customer receives the replacement delivery from Tripus systems GmbH or MEI GmbH. |
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| 9. |
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Warranty |
| 9.1 |
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Tripus systems GmbH or MEI GmbH warrants that the products are free of material and legal defects at the time of the transfer of risk in accordance with § 434 and 435 of the German Civil Code. |
| 9.2 |
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If supplied goods have obvious material or manufacturing defects, which include transport damage, the Customer is requested to report such defects to Tripus systems GmbH or MEI GmbH. Failure to make such a report, however, shall not affect your statutory rights. The statutory provisions set out in §§ 434 ff and 475 para. 1 of the German Civil Code shall also apply. |
| 9.3 |
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The period of warranty shall be two years. This period shall commence when the goods are received by the Customer. |
| 9.4 |
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In the event of defects the Customer may demand, at his discretion, the rectification of the defects or the delivery of perfect goods. Tripus systems GmbH or MEI GmbH may refuse the manner of final fulfillment selected by the Customer in accordance with § 439 if this involves disproportionate costs. If repair work fails to rectify the defect at the second attempt, the Customer shall be entitled to demand the delivery of perfect goods or to reduce the purchase price or to withdraw from the contract in accordance with § 439 of the German Civil Code. Withdrawal shall not be possible if the defect is minor and insignificant. § 437 of the German Civil Code shall also apply. |
| 9.5 |
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The statutory provisions shall apply to any claims for compensation relating to defects on the goods. |
| 9.6 |
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The requirement for making claims under the warranty is that the defect has not been caused by incorrect use or excessive force. If a defect does not come to light until more than six months after the delivery of the goods, the Customer must provide evidence to show that the goods were defective when they were supplied. Otherwise Tripus systems GmbH or MEI GmbH shall be entitled to demonstrate that the goods were not defective when they were supplied. |
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| 10. |
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Liability |
| 10.1 |
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Tripus systems GmbH or MEI GmbH, its management and its employees may be held liable in cases of positive breach of duty, default, impossibility, illegal acts and for other legal grounds (apart from pre-contractual breaches) if they are guilty of malice and gross negligence. In cases which result in death, physical injury or a deterioration of health, in the event of a culpable breach of cardinal contract duties (primary contract duties) or in the event of intentional deception and in the case of a claim for compensation under § 437 number 2 of the German Civil Code, the liability of Tripus systems GmbH or MEI GmbH shall be as set out in the law. Only in the event of a breach of cardinal duties shall the liability of employees of Tripus systems GmbH or MEI GmbH be limited to the typical, foreseeable damage. The term cardinal duty is used either to denote a major contract duty which is described in concrete terms which is essential to achieving the objective of the contract or which is explained in abstract terms as a duty whose fulfillment is necessary to execute the contract correctly and on compliance with which the Customer can normally rely. In the event of default, business customers shall be entitled to withdraw from the contract as an alternative to demanding compensation. |
| 10.2 |
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The scope of the liability of Tripus systems GmbH or MEI GmbH under the Product Liability Law shall not be affected. |
| 10.3 |
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The above provisions (9 and 10) reflect the complete scope of liability of Tripus systems GmbH or MEI GmbH, its management and its employees. |
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| 11. |
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Choice of law |
| 11.1 |
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German law shall be applicable to the legal relationship between Tripus systems GmbH or MEI GmbH and its customers and to the appropriate terms of business. The application of the UN Convention on Contracts for the International Sale of Goods dated 11 April 1988 shall be excluded. |
| 11.2 |
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The wording of number 10.1 shall not affect the binding regulations of the law of the country in which the Customer is normally resident if and in as far as the Customer has concluded a purchase contract which cannot be regarded as part of the professional or commercial activities of the Customer (consumer contract) and if the Customer has conducted the legal business required to conclude the purchase contract in the country in which he is normally resident. |
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| 12. |
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Miscellaneous |
| 12.1 |
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The Customer shall not be entitled to set off or retain payments unless the claim is not disputed or has been finalized by a court of law. |
| 12.2 |
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If any provisions of this contract should be wholly or party invalid or should lose their legal validity at a later date, this shall not affect the validity of the remainder of the contract. |
| 12.3 |
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The exclusive place of jurisdiction shall be Günzburg or another statutory place of jurisdiction selected by Tripus systems GmbH or MEI GmbH if the Customer is a legal entity in the sense of the German Commercial Code or a corporate body under public law. |
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| 13. |
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Data protection |
| 13.1 |
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Your address is saved in our IT system to ensure that we can process your order correctly. We handle the data you supply in compliance with the provisions of the German Federal Data Protection Law and the German Tele-Services Law. |
| 13.2 |
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We exchange data with other credit services company such as Schufa for the purposes of credit checks and monitoring creditworthiness. |
| 13.3 |
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We reserve the right to send your data by legal means to other companies so that they can supply you with information material and also reserve the right to use them for our own advertising purposes. If you do not agree to this, simply send a short informal notification to Tripus systems GmbH or MEI GmbH, Customer Care, Am Hohen Rain 2, 89347 Bubesheim. If the Customer places an order on the internet, his data will not be forwarded as long as he does not check the "Data protection regulations" checkbox. |
| 13.4 |
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Tripus systems GmbH or MEI GmbH shall not use or forward customer data beyond the scope set out above in numbers 13.1 to 13.3. |
