General Terms and Conditions of Tr.Eat Premium Food Supplements
I. General terms and conditions and
Customer information
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Tr.Eat GmbH, Justus-Liebig-Str. 113, 95447 Bayreuth) via the website www.tr-eat.com. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is posted on our website, we make you a binding offer to conclude a contract under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase can be placed in the shopping cart by clicking on the button next to the respective product “Add to my shopping cart”. In the shopping cart itself you can make changes to the quantity and the desired items at any time before completing the purchase.
After accessing the "Shopping Cart" page, all stored items will be displayed again, where you have the opportunity to check all information again, change it or, if desired, cancel the purchase.
By giving your consent by pressing the “Buy now” button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
If you use an instant payment system (e.g. PayPal, Sofort) as your payment method, you will be redirected to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there.
(4) The order is processed and all information required in connection with the conclusion of the contract is transmitted by email. You must therefore ensure that the email address and postal address you enter is correct, that receipt of emails is ensured and that you also check your spam folder.
(5) Please note that we only sell our products in normal household quantities. If you are interested in larger quantities, please send us an inquiry by email.
(6) If the goods cannot be delivered due to force majeure or product discontinuation or if we cannot procure the ordered products under reasonable conditions and if these circumstances only arise after the contract has been concluded and are not our responsibility, Tr.Eat GmbH will be released from the delivery obligation freed. If events occur that make delivery significantly more difficult or impossible for us - for example strikes, lockouts, official orders or similar - we are not responsible for delays, even if deadlines and dates have been bindingly agreed. All of our stated estimated delivery dates are standard and approximate estimates. However, we still strive to always have the ordered goods delivered to you promptly and quickly through our delivery service such as DHL / Post. If a late delivery is attributable to us, for example due to vacation or a product/goods defect, we will inform you immediately after ordering.
§ 3 Special agreements on payment methods offered
In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
Sofortüberweisung: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited immediately after you place your order.
Invoice: The payment period is 30 days from dispatch of the goods. You can find the billing conditions here .
Direct debit via Klarna or Paypal: The debit is made before the goods are dispatched. The time will be communicated to you by email.
The use of the direct debit payment method requires a positive credit check. In this respect, as part of the purchase initiation and processing of the purchase contract, we forward your data to Klarna for the purpose of address and creditworthiness checks. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna or Paypal can be found here. Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection.
§ 4 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves. In addition, contracts are written individually from company to company.
c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
§ 5 Warranty
(1) The statutory liability rights for defects apply to customers in Germany and Austria. It is important to note that the warranty does not cover problems arising after delivery due to improper storage, misuse or natural wear and tear.
(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following warranty provisions apply:
a) Only our own information and the product description from Tr.Eat GmbH are deemed to be agreed as to the quality of the item. It is important to note that the warranty does not cover problems arising after delivery due to improper storage, misuse or natural wear and tear.
b) In the event of defects, we will, at our discretion, provide warranty through repair or subsequent delivery. If the defect cannot be remedied, you can either request a reduction in price or withdraw from the contract. In the event of repair, we do not have to bear any increased costs that would arise from moving the goods to a location other than the place of performance.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
- for damages caused by injury to life, body or health that are attributable to us and for other damages caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or given a guarantee for the quality of the item;
- in the event of legal recourse claims that you have against us in connection with defect rights.
§ 6 General information on returns
Please avoid damage and contamination of the goods before returning them. Return shipping is only possible in unopened and undamaged product packaging, as it is food and the strict hygiene regulations must be adhered to. If possible, please send the goods back to us in the original Tr.Eat shipping box. If necessary, use protective outer packaging. If you no longer have the original box, please ensure adequate protection against transport damage with a proper box.
If the goods delivered do not correspond to the goods ordered, please contact us before returning them at: info@tr-eat.com with the reason for your return request.
Never send the goods back to us freight forwarded, otherwise the parcel service provider will charge high fees, which we will have to pass on to you.
Of course, your right of cancellation remains unaffected by this regulation.
§ 7 Liability The company Tr.Eat is liable if the cause of the damage is based on an intentional or grossly negligent breach of duty by Tr.Eat.
Furthermore, Sunday is liable for the slightly negligent breach of essential obligations. Essential are obligations whose violation jeopardizes the achievement of the purpose of the contract or whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you regularly rely. In this case, however, Tr.Eat is only liable for foreseeable, contract-typical damage. Tr.Eat is not liable for the slightly negligent breach of obligations other than those mentioned in the previous sentences.
The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that are fraudulently concealed. Liability under the Product Liability Act remains unaffected.
To the extent that Tr.Eat's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 8 Choice of law, place of performance, place of jurisdiction, final provisions
(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services from the business relationships existing with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(4) We reserve the right to make changes to our website, rules and conditions including these General Terms and Conditions at any time. The General Terms and Conditions in force at the time of your order will apply to your order, unless a change to these terms and conditions is required by law or by official order (in which case they will also apply to orders you have previously placed). have).
(5) If individual provisions in this contract, including this clause, are wholly or partially invalid, or if the contract contains a gap, the validity of the remaining provisions or parts of such provisions remains unaffected.
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3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer and are to be borne by you additionally unless free shipping is guaranteed.
5.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees from credit institutions), which must be borne by you. You must also bear any costs incurred for the money transfer in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and dispatch are at your risk.
6.3. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. The delivery address may differ from the billing address.
6.4. On the website itself you will find information about the availability of products sold by Tr.Eat. As a precautionary measure, we would like to point out that all information regarding the availability, shipping or delivery of a product is only estimated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product. If Tr.Eat discovers that the products you ordered are not available while processing your order, you will be informed separately. The purchaser's legal claims naturally remain unaffected by this.
6.5. If delivery to the purchaser is not possible because the purchaser or a person authorized to accept delivery cannot be found at the delivery address specified by him, even though the delivery time was announced to the purchaser with reasonable notice, the purchaser will bear the costs for the unsuccessful delivery or . the return and a new delivery.
6.6. Unfortunately, it is not possible to collect the goods yourself for organizational reasons. However, if it cannot be avoided for some reason, please contact us via info@tr-eat.com and we will certainly find a solution together.
6.7. Unless we have agreed otherwise with you, several items with different delivery times will be sent in one shipment. In this case, the overall delivery time for the goods shipment is that which applies to the ordered item with the longest delivery time.
6.8. Our packages are sent via DHL, Hermes, GLS or Deutsche Post AG from our warehouse in Germany on the following days. Monday Wednesday Friday. Delivery within Germany takes place in approx. 2-3 working days after the respective shipping day. The impact of unforeseeable events such as storms, traffic disruptions, public holidays or the like remains unaffected.
The delivery period begins on the day the ordered goods are processed, which takes place on the 3 specified days per week and is subject to receipt of full payment for the ordered goods.
The deadline for delivery ends at the end of the last day of the deadline. If the last day of the deadline falls on a Sunday or a public holiday recognized by the state at the place of delivery, such a day will be replaced by the next working day.
7. Vouchers and discount codes
Vouchers and discount codes are valid for the entire range of the online shop. They are valid for a maximum of 3 years from the time of purchase, after which the value of the voucher expires. To pay with a voucher, you can simply enter the code in the payment method selection when completing your order and the value of the voucher can be applied to the value of the purchase.
Updated on February 26, 2024