Terms of Service

General Terms and Conditions

  

 

1. general information and definitions

  

Provider
of the contents of this website is TRINITIX DISTRIBUTION EIRELI, Avenida Sete
de Setembro 62 Edf SULACAP Sala 308 Dois de Julho 40060 001 SALVADOR / BA

 

Users
are third parties who, in accordance with the following terms and conditions of use
within the framework of the provider's online portal about the provider's products
and order these products from them via sales partners
can.

 

Sales partner
are legally independent companies that operate using the online portal
the provider provides users with the information presented on the online portal.
offer products for sale.

 

The
The following terms and conditions apply to all contracts concluded
between the provider, the respective distribution partner and the respective
Users.

  

2. information on the realisation, prices, shipping costs,
Contract language, storage and warranty

  

The
Provider offers users of the website the opportunity to register via the
services of the provider within the framework of the online portal via the
product range of the provider.

 

The
The provider is responsible for the design of its own Internet presence and
is not responsible for offers made by sales partners. Rather, these are
legally autonomous and independently by the respective
managed by sales partners. When purchasing the item selected by the user
Therefore, no contract is concluded with the above-mentioned company, but only with the
with the respective sales partner.

 

The
The goods offered by the supplier on the Internet do not constitute a binding offer to
conclusion of a purchase agreement, but rather an invitation to submit a purchase
offer to the respective sales partner. The user can submit his purchase offer
by telephone, in writing, by fax, by e-mail or via the online portal of the
provider's integrated ordering system. Within the framework of
of the online portal establishes a connection between the user and the sales partner.
here.

 

With
Order via the online shop, the goods whose purchase is intended,
in the virtual "shopping basket". Click on the corresponding button on
The customer can call up the "shopping basket" on each page and make changes there.
to make a purchase. The buyer then enters their personal details and selects the
Terms of payment and dispatch. Before the final submission of the purchase offer
the customer has the opportunity to check his details again, to change them
or to cancel the purchase. By sending the order via the
Order with costs" button, "Order with obligation to pay" or
"Buy" button, the customer submits a binding offer. The customer first receives
an automatic e-mail about the receipt of his order. This
Confirmation of receipt does not yet lead to the conclusion of a contract.

 

The
Acceptance of the offer (and thus the conclusion of the contract) takes place in any case
separately, either by confirmation in text form, in which the buyer is informed of the
processing of the order or delivery of the goods is confirmed or by
Dispatch of the goods.

 

Should
the buyer does not receive an order confirmation or notification within seven working days.
have received notification of delivery or no goods, he is no longer bound to the
bound by the order. Any services already rendered shall be included in
in this case will be refunded immediately. The respective offers include
Prices are listed including VAT (if applicable). The
Prices are final prices. They include all price components
including all applicable taxes.

 

Only
In the case of cross-border deliveries, additional taxes (e.g.
in the case of an acquisition within the European Community) and/or
duties (e.g. customs duties) must be paid by the buyer, but not to the seller,
but to the customs or tax authorities responsible there.

 

Additionally
the buyer has to bear the shipping costs. These are not included in the purchase price
are included. They can be accessed via the "Delivery and shipping costs" page and
are shown separately during the ordering process.

 

Contract language
is exclusively German. The text of the contract (order data and general terms and conditions) is stored at the
stored by the seller. However, storage is only possible for a limited period of time or for the
buyer is not accessible. The buyer himself is responsible for a printout or
separate storage.

 

With
all goods from our online shop are subject to statutory warranty rights
(see item 9.).

  

3 Retention of title and choice of law

  

The
The goods remain the property of the seller until the purchase price has been paid in full.
Seller. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, however
only insofar as this conflicts with mandatory provisions of the law of the country in which the
protection is not withdrawn where the customer has his or her habitual residence.

  

4. limitation of liability

  

The
Seller shall be liable without limitation for damages arising from injury to life, limb or health.
body or health, insofar as he fraudulently conceals a defect, or
has assumed a guarantee for the quality of the object of purchase, for
damage caused intentionally or through gross negligence, in the case of damage according to the
Product Liability Act and insofar as also prescribed by law.

 

Provided that
material obligations arising from the contract are affected, the breach of which
jeopardise the achievement of the purpose of the contract and on compliance with which the other party
contracting party could regularly rely on, the liability of the seller in the case of
negligence to the foreseeable damage typical for the contract
limited.

 

With
The liability for the breach of insignificant contractual obligations is limited
negligent breaches of duty are excluded.

  

5. right of cancellation

  

Consumers
shall be entitled to a right of cancellation in accordance with the following
is a natural person who enters into a legal transaction for a purpose that
neither their commercial nor their independent professional activity
can be attributed to the company:

 

Return Rights

 

Right of cancellation

  

You
have the right to withdraw from this contract within fourteen days without giving any reason.
to revoke.

 

The
The cancellation period is fourteen days from the day on which you or one of your
third party, who is not the carrier, takes possession of the last goods.
have taken or has taken.

 

To
To exercise your right of cancellation, you must contact us at:

 

MAGNEGY Distributions GmbH

Service for Trinitix for Life®

Obenhauptstr.
7

22335
Hamburg

 

E-mail: info at trinitix.de

 

by means of
of a clear declaration (e.g. a letter sent by post, fax, e-mail or fax message).
or e-mail) of your decision to withdraw from this contract.
You can use the sample cancellation form attached below for this purpose, which
however, is not mandatory.

 

To the
To comply with the cancellation period, it is sufficient that you send the notification of the
Exercise your right of cancellation before the cancellation period expires.

 

 Consequences of cancellation

 

 If you cancel this contract, we have
you all payments that we have received from you, including the
Delivery costs (with the exception of the additional costs arising from this,
that you choose a different type of delivery than the most favourable one offered by us.
have chosen standard delivery), immediately and at the latest within fourteen
days from the day on which the notification of your cancellation was received.
of this contract has been received by us. For this repayment we use
the same means of payment that you used for the original transaction.
have, unless expressly agreed otherwise with you; in the case of
Under no circumstances will you be charged any fees for this repayment.

 

We
may refuse repayment until we have received the goods back
or until you have provided proof that you have received the goods
whichever is the earliest.

 

You
have to return the goods immediately and in any case within fourteen days at the latest.
from the day on which you inform us of the cancellation of this contract, to
return or hand over the goods to us. The deadline is met if you return the goods
before the period of fourteen days has expired.

 

 

 

You
bear the direct costs of returning the goods.

 

You
only have to pay for any loss in value of the goods if this loss
loss of value to one for the examination of the condition, properties and
The customer is entitled to return the goods to the place of purchase.

 

Exceptions
from the right of cancellation:

 

The
The right of cancellation exists unless the parties have agreed otherwise,
not for the following contracts:

 

Contracts
for the delivery of goods that are not prefabricated and for the manufacture of which
an individual choice or determination by the consumer is decisive
or which are clearly tailored to the personal needs of the consumer
are customised,

 

Contracts
for the delivery of goods that can spoil quickly or whose expiry date
would quickly be exceeded,

 

Contracts
for the delivery of sealed goods, which for reasons of health protection or
hygiene are not suitable for return if their seal has been broken after the
delivery has been removed,

 

Contracts
for the delivery of goods if, after delivery, the goods are no longer
inseparably mixed with other goods,

 

Contracts
for the supply of alcoholic beverages, the price of which at the time of conclusion of the contract
agreed, but which will be delivered at the earliest 30 days after conclusion of the contract.
and whose current value depends on fluctuations in the market,
over which the entrepreneur has no influence,

 

Contracts
for the delivery of sound or video recordings or computer software in a
sealed package if the seal has been removed after delivery,

 

Contracts
for the delivery of newspapers, periodicals or magazines with the exception of
Subscription contracts,

 

Contracts
for the delivery of goods or the provision of services,
including financial services whose price is affected by fluctuations in the
financial market, over which the entrepreneur has no influence and which
may occur within the cancellation period, in particular services in the
connection with shares, with units in open-ended investment funds within the meaning of
of Section 1 (4) of the German Capital Investment Code and with other tradable securities.
securities, foreign exchange, derivatives or money market instruments,

 

subject to
of sentence 2 contracts for the provision of services in the areas of
Accommodation for purposes other than residential purposes, transport of goods,
vehicle hire, delivery of food and beverages as well as for the
Provision of other services in connection with leisure activities,
if the contract specifies a specific date or period for the provision of the service
provides,

 

Contracts,
that are concluded within the framework of a form of marketing in which the
Entrepreneurs Consumers who are personally present or to whom these
opportunity is granted to offer goods or services, in
a bidding process conducted by the auctioneer based on competing bids.
transparent procedure in which the bidder who has been awarded the contract becomes the
is obliged to purchase the goods or services (publicly accessible
auction),

 

Contracts,
where the consumer has expressly requested the trader to
in order to carry out urgent repair or maintenance work;
This does not apply to other services provided during the visit.
services that the consumer has not expressly requested, or
with regard to such goods delivered during the visit, which were
maintenance or repair are not necessarily required as spare parts,

 

Contracts
for the provision of betting and lottery services, unless the
the consumer has made his contractual declaration by telephone or the contract
was concluded outside business premises, and

 

notarial
notarised contracts; this applies to distance selling contracts for
financial services only if the notary confirms that the rights of the
consumer from § 312d paragraph 2 are preserved.

 

 

6 Payment, dispatch and delivery

  

The
The prices quoted are final prices including statutory VAT. Traps
delivery or shipping costs, the seller shall indicate this separately. The user
various payment methods are available according to the information in the online shop.
Collection by Magnetschmuck-4you shall take place in the name and for the account of the customer.
respective sales partner. Consumers are requested to return the goods to
Delivery immediately for completeness, obvious defects and transport damage
and to report any complaints to the seller and the forwarding agent.
as soon as possible.
Warranty claims remain unaffected by this.

 

The
Goods are regularly delivered by dispatch to the address specified by the buyer.
specified delivery address. If delivery to the buyer is not possible and
If the delivery company returns ordered goods to the sender, the sender shall bear the
Buyer shall bear the costs for the unsuccessful dispatch. This does not apply if the buyer
exercises his right of cancellation by refusing acceptance, the circumstance that led to the
impossibility of delivery, or he is not responsible for the impossibility of
is temporarily prevented from accepting the service offered and the
The seller must give the customer reasonable advance notice of the service.

 

The seller
reserves the right to terminate the contract in the event of incorrect or improper
to withdraw from the contract in the event of self-delivery. This shall only apply if the
non-delivery is not the responsibility of the seller and he is not responsible for the
a specific hedging transaction with the supplier with due diligence.
has concluded the contract. The seller shall make all reasonable efforts to fulfil the
to procure the goods. In the event of non-availability or only partial
availability of the goods, the buyer will be informed immediately and the
consideration will be refunded immediately.

  

7. transfer of risk

  

The
risk of accidental loss and accidental deterioration of the goods.
The object of purchase is transferred to the buyer, who is not a consumer, as soon as the
Seller shall hand over the goods to the forwarding agent, the carrier or the person otherwise
person or organisation designated to carry out the shipment. §447
Para. 2 BGB remains unaffected.

  

8. warranty

  

Consumers
is entitled to the statutory liability for defects. For defective articles with material
and/or manufacturing defects, a warranty period of 12 months applies. If the
customer is an entrepreneur, the warranty period for new goods is limited to one year.
limited, excluded for used goods. If the buyer does not act as
consumer, the seller fulfils warranty claims in the event of defective
new goods at his discretion by repair or replacement. If the
customer is a consumer, the warranty period for used goods is limited to one year.
year is limited.

 

The
The limitation of liability in paragraph 1 does not apply to gross negligence or wilful misconduct.
damages caused by the seller due to injury to life, limb or health
or health or due to the
breach of material contractual obligations, the fulfilment of which is essential for the proper
enable the fulfilment of the contract in the first place and on whose compliance
the contractual partner may regularly rely on. The same applies to
Breaches of duty by vicarious agents.

 

Trades
the buyer is not a consumer, he is obliged to return the object of purchase
immediately and with the necessary care for quality and
quantity deviations and to report obvious defects within seven days.
the seller in writing within one day of receipt; to meet the deadline
timely dispatch is sufficient. The same shall apply to any
hidden defects from the time of discovery. In the event of a breach of the inspection and
Warranty claims are excluded in the event of a complaint.

 

Beats
If the rectification of defects pursuant to para. 1 sentence 2 fails twice, the buyer may, after
demand a reduction in price or withdraw from the contract. In the event of
The buyer shall bear the increased costs arising from the fact that
the goods have been taken to a place other than the place of fulfilment, provided that
the shipment does not correspond to the intended use of the goods.

  

9. extended reservation of title

  

The
Seller reserves the right towards buyers who are not consumers to
ownership of the goods until full settlement of all claims arising from the
ongoing business relationship.

 

Before
Transfer of ownership of the reserved goods is the buyer who does not
consumer is not entitled to pledge the item or to use it as security.
to the customer. He assigns all claims from the resale of goods to the
Seller, but remains authorised to collect the claim. The
Seller accepts the assignment and reserves the right to collect the claim itself.
if the buyer is not a consumer,
payment obligations are not fulfilled on time. In the event of combination and mixing
the reserved goods, the seller acquires co-ownership of the new item in the amount of
ratio of the invoice value of the reserved goods to the other processed goods.
items at the time of processing. The seller undertakes to
securities to which it is entitled at the request of the buyer, who is not recognised as
consumer to the extent that the value of the collateral exceeds the value of the collateral to be
exceeds the claim to be secured by more than 10%. The selection of the claims to be released
The seller is responsible for providing securities.

  

10. online dispute resolution

  

The
European Commission provides a platform for online dispute resolution
(OS platform), which you can access at http://ec.europa.eu/consumers/odr/
find. To participate in a
dispute resolution proceedings before a consumer arbitration board, we are
neither obliged nor willing.

  

11 Place of fulfilment, place of jurisdiction

  

Kaufleuten,
legal entity or public special fund is the registered office of the
Seller's place of jurisdiction; if the Buyer acts as a consumer and does not have a
has a general place of jurisdiction in Germany or the EU or if the place of residence is
or habitual residence is not known at the time the action is brought, the
The place of jurisdiction is the registered office of the seller. The authorisation to also bring an action before a court
The right to invoke another legal place of jurisdiction remains unaffected.

 

(as at 20/04/2018)

 

 Sample cancellation form

 

 

(If
If you wish to cancel the contract, please complete this form
and send it back).

 

MAGNEGY Distributions GmbH

Service for Trinitix for Life®

Obenhauptstr.
7

22335
Hamburg

 

E-Mail:
info at trinitix.de

 

 

Herewith
I/we (*) hereby revoke the contract concluded by me/us (*) for the
Purchase of the following goods (*) / provision of the following service (*)

 

…………………………. ………………………. ……………………………………… …………………………… ………………………………

 

Ordered
on: ................. (*) / received on: ....................

 

(*)
Name of the consumer(s):
……………………… …………………………… …………………………… ………………………

 

address
of the consumer(s):
……………………. ……………………….. …………………………………… …………………… ……………

 

Signature
of the consumer(s):
………………. ………………… ………………

 

(only
for communication on paper)

 

Date:
………………………. …………………………

 

(*)
Delete as applicable.

  

12. right of use

 

(1)
The subject matter of this agreement is the official logo, photo, video and
Audio recordings of the association which are related to the sponsoring of Trinitix /
Magnegy GmbH, logo and naming on advertising material which is directly related to the
to sponsorship.

 

(2)
It is assured that there is authorisation to use the
to grant the contractual rights of use to the contractual object.

 

(3)
The rights of use include the right to use the material specified in §1
subject matter of the contract within the scope of advertising opportunities on the Trinitix Home
page and in social marketing such as Facebook, Instagram etc., print media, TV and
Radio.