Terms and Conditions
Conditions in the context of purchase contracts via the platform http://wp12961221.server-he.de
HOLY TRINITY GmbH
Kleine Brüdergasse 5,
– hereafter referred to as “provider” –
the users of this platform, as designated in § 2 of these Terms and Conditions –hereafter referred to as “customer.”
§ 1 Scope
For the business relationship between the provider and the customer, the following terms and conditions apply exclusively in the lastest version at the time of the order. Deviating provisions put forth by the customer will not be recognized unless the provider expressly agrees to their validity in writing.
§ 2 Contract Fulfillment
(1) The customer can select products from the supplier’s offerings and collect them in a virtual shopping cart by pressing the button “Add to cart.” By pressing the”Buy now” button the customer makes a binding request to purchase the goods in the shopping cart. The customer can change and view the data at any time before sending the order.
(2) The provider then sends the customer an automatic confirmation of receipt via e-mail with the subject “Confirmation of your order with HOLY TRINITY®,” in which the customer’s order is listed again. The customer can print this confirmation by clicking “Print.” The customer’s order (1) requests the execution of the order with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) confirms the acceptance of the offer by the provider. The content of the order is summarized in this confirmation. In this e-mail or in a separate e-mail, but at the very latest upon delivery of the goods, the contract text (consisting of order, terms and conditions and an order confirmation) will be sent to the customer by the provider in a durable medium (e-mail or paper printout). The text of the contract will be saved while respecting data protection regulations.
(3) The contract will be fulfilled in the German language.
§ 3 Delivery, Product Availability, Payment Methods
(1) Delivery times specified by the provider are calculated from the time the order confirmation (specified in § 2 (2) of these Terms and Conditions)is sent out, provided the purchase price has been paid already.
(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will inform the customer immediately. In the event of a delivery delay of over two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case, the provider is also entitled to withdraw from the contract. In this case, the provider would immediately reimburse any payments already made by the customer.
(3) The following delivery restrictions apply: The provider only delivers to customers whose regular residence (billing address) is in one of the following countries, and who can provide a delivery address in the same country: Germany.
(4) The customer can make the payment by PayPal, direct debit, invoice (when registering an account) and by credit card.
(5) The payment of the purchase price is payable immediately upon conclusion of the contract. If the payment is due on a specific date, the customer will have defaulted should they exceed the date.
§ 4 Retention of Title
Until the payment of the purchase price has been made in full, the delivered goods remain the property of the provider.
§ 5 Price and Shipping Costs
(1) All prices stated on the provider’s website include the applicable statutory sales tax. Shipping in the European Union is free of charge. For shipping outside the European Union, shipping costs of € 100.00 will be charged. The shipping costs are waived from an order value of € 3350.00 net.
(2) In case of a cancellation, the customer bears the direct costs of the return.
§ 6 Liability
(1) Customer claims for damage compensation are excluded. This, however, does not apply to the customer’s damage claims resulting from fatalities, physical injury, damage to health or material contractual obligations (cardinal obligations), as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Significant contractual obligations are those which must be fulfilled in order to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations caused simply by negligence, the provider is only liable for the contractually typical, foreseeable damage, unless it concerns claims for damages by the customer resulting from fatalities, physical injury, or damaged health.
(3) The restrictions of paragraphs 1 and 2 also extend favorably to the legal representatives and vicarious agents of the provider, if claims are made directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 7 Notes on Data Processing
(1) The provider collects data from the customer as part of the processing of contracts. He observes in particular the regulations of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the provider will only collect, process or use the customer’s inventory and usage data, to the extent to which it is needed for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer’s data for advertising, market or opinion research purposes.
§ 8 Final Provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, with the exclusion of the UN Sales Convention and international private law.
(2) If the customer is a merchant, a legal person governed by public law or a public fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is within the domicile of the provider.
(3) The contract remains binding even in the case of legal invalidity of individual points in its remaining parts. Statutory provisions will replace the invalid points wherever possible. Should this constitute an unreasonable hardship for one of the contracting parties, however, the contract as a whole will be deemed invalid.