Our terms and conditions
General terms and conditions of business
of ExTrade Trapp u. Partner GmbH
ExTrade Trapp u. Partner GmbH, Managing Director: Alfred Trapp, Oberdorster Straße 4, 53819 Neunkirchen-Seelscheid, Germany, Tel: +49 2247 969490, Fax: +49 2247 969499, Email: firstname.lastname@example.org
is responsible for the website at http://extradeweb.de/shop/.
1.1. These general terms and conditions of business (GTCs) apply to all offers and services relating to the web platform http://extradeweb.de/shop/. References to customers' own terms and conditions of business or purchase are excluded.
1.2. Individual agreements prevail over general terms and conditions of business.
1.3. The law of the Federal Republic of Germany is valid with the exception of the UN law of purchase.
1.4. These GTCs are provided in German and English. The German version shall prevail.
2. Conclusion of contract, storage, language of contract
2.1. The descriptions of services on the web pages do not constitute offers to conclude a sales contract. Such an offer is only made when the customer places an online order by clicking the button "proceed to checkout". Our subsequent confirmation of the receipt of the order does not constitute an acceptance of this offer. The sales contract is only concluded on receipt of the order confirmation or the goods.
When ExTrade notifies to the customer that the ordered goods are ready for dispatch, the sales contract between ExTrade and the customer regarding the ordered goods is concluded at the agreed sales price. ExTrade attaches this communication to the invoice for the ordered goods.
2.2. The customer can store the text of the contract by saving the relevant web page on his/her computer via the "save as" function of his/her browser. He/she also has the option of printing the text of the contract via the print function of his/her browser. As the vendor, we ourselves also store texts of contracts after conclusion of the contract and make these available to our customers on request.
2.3. The customer can correct his/her entries at any time during the order process by clicking the "back" button in the browser and then making the appropriate amendment. The customer can cancel the entire order process at any time by closing the web browser. The order overview also offers a further possibility for making corrections before submitting the online order, and this is indicated to the customer.
3. Main features of the goods
The description of the goods can be found in the online presentation at http://extradeweb.de/shop/.
4. Price, payment, delivery, shipping costs
4.1. VAT at the respective rate applicable at the time of the order is included in the fee.
4.2. When contracts are concluded, we offer the following payment option for deliveries within Germany and abroad:
prepayment by bank transfer.
4.3. The customer must pay the sales price into the following account by bank transfer, quoting the invoice number within 14 days of conclusion of the sales contract and receipt of the invoice:
Account holder: ExTrade Trapp u. Partner GmbH
Account number: 530751500
Bank sort code: 370 100 50
Name of bank: Postbank Köln
IBAN: DE 5037 0100 5005 3075 1500
4.4. Deliveries are made via DHL.
4.5. Shipping costs can be viewed in the offers and by clicking the button “submit data” in the menu.
5. Agreement regarding return costs in the event of the consumer exercising the right to cancel
In the case of distance selling to the consumer, the following rules regarding return costs apply: the regular costs of the return are borne by the consumer if the price of the item to be returned does not exceed 40 euros or if, in the case of a higher price of the item, the consumer has not yet provided the consideration or a partial payment at the time of the return, unless the delivered goods did not correspond to those ordered. In all other cases the vendor bears the costs of the return.
6. Cancellation instructions for consumers
Right to cancel
As consumers you may cancel your contract in writing (e.g. letter, fax, email) within 14 days without giving reasons or – if you received the item before the deadline – by returning the item. The term begins upon receipt of these instructions in written form but not before receipt of the goods by the receiver (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before fulfilment of our information obligations according to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 of the Introductory Law of the German Civil Code and our obligations according to § 312g paragraph 1 sentence 1 of the German Civil Code in conjunction with Article 246 § 3 of the Introductory Law of the German Civil Code. To meet the cancellation deadline it is sufficient to send the cancellation or the item in a timely manner. The cancellation should be sent to:
ExTrade Trapp u. Partner GmbH
Oberdorster Straße 4
53819 Neunkirchen-Seelscheid, Germany
Fax: +49 2247 969499
Consequences of cancellation
In the case of an effective cancellation, the services received by each party are to be returned and where applicable any benefits derived (e.g. interest) are to be surrendered. If you are unable to return or surrender to us the received service and benefits (e.g. benefits from use), or are able to surrender these only in part or in a deteriorated state, you must pay us corresponding compensation. You need only pay compensation for the deterioration of the item and for benefits derived if the benefits or the deterioration can be attributed to handling of the item beyond what is required to check the properties and functionality. "Checking the properties and functionality" is understood to mean testing and trying out of the respective goods, as is possible and usual for instance in retail outlets. Items which can be sent as packages are to be returned at our risk. You are to bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed a value of 40 euros or, in the case of a higher price of the item, if you have not yet provided the consideration or a partial payment as agreed in the contract. Otherwise you will not pay for the return. Items which cannot be sent as parcels are collected from your address. Obligations for refunding payments must be fulfilled within 30 days. The term begins for you upon sending your declaration of cancellation or the item, and for us upon receipt thereof.
The right to cancel does not apply to distance selling for the delivery of goods which are produced according to customer specifications or are clearly cut to size according to personal requirements or which are not suitable for return owing to their nature or may rapidly spoil or for which the expiry date has passed.
End of the cancellation instructions
According to the legal regulation, the guarantee in the case of defective goods is 24 months for new goods. For used goods the guarantee period is 12 months. The guarantee period begins from transfer of the goods to the buyer.
The regular limitation period of 3 years remains,
starting from the end of the year in which
1. the claim arose and
2. the obligee becomes aware of the circumstances substantiating the claim and of the person of the obligor or would have to become aware thereof without gross negligence,
• if it is a matter of liability for damages arising from death, injury or damage to health resulting from a negligent or deliberate breach of duty by ExTrade or a deliberate or negligent breach of duty by an assistant of ExTrade or
• if it is a matter of liability for other damages resulting from a grossly negligent breach of duty by ExTrade or a deliberate or grossly negligent breach of duty by an assistant of ExTrade or
• if it is matter of liability for fraudulently concealed defects.
The guarantee does not extend to normal wear and tear.
8. Retention of title
8.1. We retain title to the delivered object until receipt of all payments from the sales contract. If the buyer does not fulfil his/her contractual obligations, in particular in the case of delayed payment, we are entitled to demand return of the delivered object; the buyer has a duty to surrender the object in this case.
8.2. The buyer has a duty to inform us without delay in the case of seizures regarding the object of purchase or other access in this regard or attempts by third parties to access the object of purchase, so that we can exercise our rights to the retention of title.
9. Data protection
9.1. All personal customer data collected and stored by ExTrade are used exclusively for the purposes of fulfilling the contract. The first name and surname of the customer, the associated invoicing and delivery address and an optionally provided telephone number and email address are stored. The collected data are not forwarded to third parties, with the exception of legally necessary measures (debt collection agency, lawyer, credit agencies).
9.2. The customer has a right to free disclosure, correction, blocking and deletion of his/her stored data.
9.3. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States .
In case IP-anonymisation is activated on this website, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transfered to a Google server in the USA and truncated there. The IP-anonymisation is active on this website.
Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage.
10. Damages occurring in transit
10.1. If goods are delivered with obvious damage that has occurred in transit, please make a complaint about such defects to the deliverer immediately and contact ExTrade as soon as possible
10.2. Failure to complain or make contact does not affect your legal guarantee claims. However, doing so helps us to assert our own claims with regard to the shipper or the transport insurer
11. Technical availability of the ExTrade online shop
Constant technical availability of websites cannot be guaranteed. ExTrade will take all technically reasonable measures falling within its sphere of risk to achieve technical availability. However, maintenance or security work carried out by third parties or other incidents which have not been caused within ExTrade's sphere of risk can impair the technical availability of the ExTrade online shop at any time.
12. Copyright notice
The photos appearing on ExTrade web pages and the texts written by ExTrade are protected by copyright. The unauthorised copying and publication of this material (even only in part) is prosecuted under criminal and civil law in accordance with § 97 of the German Copyright Act.
For all claims arising between the contracting parties, Neunkirchen-Seelscheid is agreed as the place of fulfilment and jurisdiction, provided that the contracting parties are business people, legal persons under public law or special funds under public law. Neunkirchen-Seelscheid is also agreed as the place of fulfilment and jurisdiction if the customer has no general jurisdiction in Germany.
14. Severability clause
Should individual conditions of the contract with the customer, including these GTCs, be or become ineffective as a whole or in part, or should the agreements be incomplete, this does not affect the validity of the remaining conditions.
Neunkirchen-Seelscheid, August 2011