Terms of Use:

§ 1: Applicability

(1) The present terms and conditions are valid for any contractual relationship between the company Trimtabnet Ltd., represented by Mr Justin Sharp, 69 Great Hampton Street, Birmingham, B18 6 Ew, acting by its German branch, represented by Mr Justin Sharp, Gyrenkampstr. 6, 45239 Essen („company“), and its clients outside Germany, Austria and Switzerland which are entered into and executed through the company’s website. Your contractual partner is:

Trimtabnet Ltd. 
69 Great Hampton Street
B18 6 Ew

Company No. 07090658

German Branch:
Gyrenkampstr. 6
45239 Essen

represented by Mr Justin Sharp

Handelsregister: HRB 22220

Umsatzsteuer-Identifikationsnummer: DE270925145
E-Mail: justin (at) hermannbaumann.de

(2) The contractual language is English.

(3) You may print or save these terms and conditions. To open a PDF-document you may need Adobe Reader which you can obtain free via the internet.

(4) Your contract and personal data is saved by us. A direct access to your saved data is not possible due to security restrictions.

(5) On our homepages you may check and /or correct your given data and your specific order before pushing the button “Send order” (or similar).

§ 2: Registration:

(1) To register you have to be in the legal capacity to do so. Minors are not allowed to register.

(2) When filing for registration your given data needs to be true, accurate, current and complete. The company reserves the right to reject registrations lacking information or delete member accounts if information implausible or incorrect.

(3) You may delete your member-account at any time.

§ 3: Contracting formation:

(1) The images of products displayed on the websites referred to under §1 do not state a legally binding offer but rather the invitation to make an offer for the conclusion of a contract based on the conditions listed with each respective product. By clicking on the button “send order“ in the final step of the ordering-process, you make a binding offer to buy the products in your shopping cart at the given price.

(2) The purchasing-agreement is valid if we confirm the acceptance of your offer (order) via email after receiving your order within 14 days or by sending you the ordered product(s). The information that we received your order is not a confirmation of the contract. We will send you a further information on the conclusion of the contract.

§ 4 Delivery:

(1) The delivery will be executed within 1 – 5 working days after receipt of your order. When paying upfront, the delivery time is calculated from the date of receipt of your payment. Differing shipment-dates are outlined on the website.

(2) Shipments outside Germany normally take 5 – 14 business days to be delivered.

(3) In case you order a product which – according to its product description – was not available and in case we are not supplied with this product by our suppliers without our fault, we are entitled to withdraw from the contract. In this case, we will immediately inform you and, if possible, offer to deliver a comparable product. Should no comparable product be available or should you not wish for delivery of such a comparable product, we will immediately refund any payment made for the respective order to that point.

(4) We may execute shipments of parts of your order as long as your interest is not affected unacceptably. We will bear the additional shipment costs.

(5) In case the violation of delivery- or performance period can be traced back to force majeure, industrial action, unpredictable obstacles or other circumstances, which are not represented by the respective party, the respite/term will be adequately prolonged.

§ 5 Information concerning the exercise of the right of withdrawal:

Information concerning the exercise of the right of withdrawal
This information is valid for our European customers outside Germany and Austria.

A. Instructions on withdrawal

Right of withdrawal

As a consumer you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day:

(a) in the case of a sales contract: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.;
(b) in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.;
(c) in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.;
(d) in the case of a contract for regular delivery of goods during a defined period of time: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.

To exercise the right of withdrawal, you must inform us:

Trimtabnet Ltd.
Zweigniederlassung Deutschland
Herr Justin Sharp
Gyrenkampstr. 6
45239 Essen
E-Mail: justin (at) hermannbaumann.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

You shall send back the goods or hand them over to us or

Trimtabnet Ltd., Zweigniederlassung Deutschland, Herr Justin Sharp, Gyrenkampstr. 6, 45239 Essen,

without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

B. Withdrawal form:
(complete and return this form only if you wish to withdraw from the contract)
To:[here the trader’s name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]:

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date

C. Costs of return when executing right of withdrawal:
In case of a withdrawal you will have to bear the shipment costs in connection with the returning of the goods.

D. Special notice on the right of withdrawal:
In accordance with § 312g (2) No. 6 German Civil Code the right of withdrawal is not in effect, if not ruled otherwise, for distance selling agreements, for delivery of audio or video carriers, or software in sealed packaging if the sealing has been removed after the delivery.
Where the subject matter of the contract is a provision of a service, the Right Of Withdrawal expires when the trader provided his service as a whole after the consumer gave his explicit consent to this provision and has confirmed that he loses his Right of Withdrawal in this case.

§ 6 Costs of return when executing right of withdrawal:

In case of a withdrawal you will have to bear the shipment costs in connection with the returning of the goods.

§ 7 Prices, payment, due dates and delay:

(1) The purchasing price is due upon contract formation.
(2) You have to cover the shipping costs listed on the websites or our respective offers.
(3) The prices listed on the websites include German VAT and all other price components.
(4) Payments are possible via bank transfer or PayPal. If you use PayPal please refer to their terms & conditions.
(5) If you choose cash in advance as your method of payment, we will list our bank-details in the order-confirmation and will deliver the goods upon reception of payment. The amount due is to be paid to our account within 7 days. If we do not receive the amount in the respective time we are entitled to withdraw from the contract after lapse of a further time limit.
(6) In case of delayed payment, we are entitled to claim annual interest of 5 per cent above the respective base rate. For legal transactions a client is not involved in, we reserve the right to charge interest of 8 per cent above the base rate on delayed amounts. We reserve the right to proof and claim higher damage for delay according to § 288 Par.3, 4 German Civil Code.
(7) You are only entitled to offset if your counter claims are legally proven by court, indisputable or accepted by us in writing.
(8) A right of retention can only be executed insofar as the claims result from the same contractual relationship.

§ 8 Terms of delivery and reservation of supply difficulties:

(1) We do not ship on Saturdays, Sundays and national holidays.
(2) For you as a consumer, the risk of shipment lies with us, regardless of the kind of shipment chosen by the company (insured / uninsured / package). By choosing insured shipment, we only hedge our commercial risk.
(3) For business customers the risk of accidental loss and accidental deterioration of the sold good moves on the customer with the transfer to himself or herself or a person authorized to receive it; in case of delivery of goods the risk moves over when we hand out of the goods to a suitable transport person.
(4) In case transport loss is obvious upon delivery, please claim such damages immediately with the deliverer and contact us as soon as you can.
(5) A failure to claim or to contact us does not affect your legal rights of guarantee if you are a consumer. Claiming transport loss and contacting us immediately helps us, however, to claim damages from our deliverers and our transport insurance.

§ 9 Reservation of proprietary rights:

Before the complete amount due for a product or an order has been paid, we reserve any proprietary rights for the respective product(s).

§ 10 Warranty & Liability:

(1) All legal regulations of warranty are in effect. The legal term of warranty starts upon delivery of the goods and commonly holds for two years (in some cases exceptionally longer than this, see § 438 German Civil Code). In case of deficiencies occurring within the legal term of warranty, you have the right to receive supplementary performance (you choice: repair of the deficiency or delivery of new product) and – if the respective requirements are met – and right of reduction or withdrawal as well as damages. You have to allow us two attempts of amendment. Should the chosen way of supplementary performance cause disproportional cost, you are only entitled to the respective other way of supplementary performance.

(2) We do not grant warranty for damages or deficiencies resulting from improper use, handling or storing, negligent or incorrect maintenance or care of the respective good, overuse or improper repair carried out by an unauthorized service provider.

(3) We exclude our liability for slightly negligent breaches of duty, provided these are not contractual obligations, damages resulting from injury to life, body or health, guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents. In case of damage caused in any other way we and our agents shall be liable in case of intent and gross negligence according to legal regulations. The same applies to negligently caused damages arising from injury to life, body or health. In negligently caused property damage and financial loss we and our agents shall be liable only for breach of an essential contractual obligation, however, limited to the amount foreseeable at the conclusion of the contract and contract-typical damage. Material contractual obligations are those whose performance impressed the contract and which the customer may trust.

§ 11 Saving this contract:

These present terms and conditions will be sent to you upon contract formation. Please also save them by printing them via the print-function of your browser.

§ 12 Privacy Policy:

The terms/regulations of our privacy statement shall apply/be essential.

§ 13 Final clause:

(1) In case one of the regulations of these present terms and conditions shall be ineffective, the contract remains in effect for the rest. Instead of the ineffective clause, the relevant legislations shall be effective.

(2) In addition to these present terms and conditions, German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), shall be effective.