§ 1 Area of Validity
All business transactions carried out between Triumph and Agony GmbH , Widdersdorfer Str. 325-327, 50933 Köln
f(hereafter known as doromerch.com ) and the customer are exclusively subject to the following General Terms and Conditions of Business as they appear at the time during which any one order is placed. Any conditions laid down by the customer that are at variance with these are not recognised or accepted by doromerch.com unless doromerch.com has specifically given prior written consent to such variations. doromerch.com is the trade name for Triumph and Agony GmbH.
§ 2 Concluding of Contracts
Your placing of an order represents an offer directed at us with the aim of concluding a sales contract. When you place an order with doromerch.com , we will send you an e-mail confirming receipt of your order and listing all details of the order (order confirmation). This order confirmation, however, in no way represents an acceptance of your offer. Its sole purpose is to inform you that we have received placement of your order. An actual sales agreement or contract of purchase is concluded when we dispatch the product ordered to you and then subsequently confirm such a dispatch by means of a second e-mail addressed to you (confirmation of dispatch). A sales agreement is not concluded for products the details of which are not listed in the confirmation of dispatch, even if they are in the same order. The contracts are concluded with Triumph and Agony GmbH. Widdersdorfer Str. 325-327, 50933 Köln
doromerch.com offers no products for purchase by minors.
§ 3 Cancellations
The customer, on his part, is entitled to cancel the contract in writing (also via e-mail) or by returning the goods within two weeks after receipt of the goods. The customer shall bear the cost of the returning of the goods. Please be advised that doromerch.com , if applicable, is entitled to retain the amount of any depreciation of the goods, which might have been brought about by their use prior to return.
§ 4 Delivery
Unless agreed otherwise, delivery shall be carried out ex stock and goods shall be sent to the delivery address provided by the customer. Details regarding delivery deadlines are not binding unless the delivery date has been definitely agreed upon in exceptional cases.
Should, despite his contractual obligations, the supplier of doromerch.com fail to deliver ordered goods to doromerch.com , then doromerch.com is entitled to withdraw from the contract. In such cases, the customer will be immediately notified that the merchandise is no longer available and any purchase price already paid will be immediately refunded.
§ 5 Due Dates and Payments, Late Payments
The customer can pay the purchase price for his goods by advance payment (banktransfer) (in accordance with those conditions stipulated in §6) or by credit card(Paypal). Should the customer find himself in arrears with his payment, then doromerch.com is entitled to demand interest on arrears to the amount of 5% above the base lending rate per annum as laid down by the European Central Bank. Should, however, doromerch.com be able to prove that they have suffered higher losses, then doromerch.com is entitled to claim for such costs incurred.
§ 6 Special Conditions for Purchasing On Account
When paying on account, goods shall not be dispatched until after receipt of payment. Payment on account is only permitted for customers over the age of 18 years. The amount invoiced becomes due on receipt of the invoice.
§ 7 Offsetting, Retention
The customer is only entitled to the right of set-off if his counterclaims can be legally and conclusively established or if they are recognised and accepted by doromerch.com . Moreover, he is only authorised to exercise his right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 8 Reservation of Proprietary Rights
All goods delivered shall remain the property of doromerch.com until complete payment has been received.
§ 9 Seller’s Warranty
Should the merchandise be flawed, the customer is able to demand that the agreed-upon requirements are fulfilled (by remedying the defects or by dispatching a replacement delivery). Should these attempts fail to produce the desired results, the customer, in the case of a serious flaw or defect, may withdraw from his contractual obligations, request a reduction of the purchase price, or claim damages. Cession from such claims by the customer is excluded in all cases.
As far as no other issues hereinafter arise, any other further claims of the customer – irrespective of the legal basis – are excluded. Consequently, doromerch.com is not in any way liable for damage or loss, which does not arise on the goods themselves; in particular, doromerch.com is not liable for any lost profits or for any other property or pecuniary damage suffered by the customer. As far as the liability of doromerch.com is excluded or limited, so, too, are these stipulations valid for the individual and personal liability of employees, representatives and subcontractors. The previously mentioned limitation of liability does not apply if the cause of damage or loss can be attributed to intent or gross negligence or in the case of personal damage or injury. Similarly, it does not apply if a customer asserts claims based on §§1, 4 of the Product Liability Act.
Insofar as doromerch.com fails to carry out a substantial contractual obligation as a result of an act of negligence, the company’s liability to pay compensation for material loss or damage is restricted to damage that is typically brought about by such negligence.
If reparations are made in the form of a replacement delivery, the customer shall be obligated to return to doromerch.com the merchandise that was originally sent within a period of 30 days. Should doromerch.com not receive the goods prior to expiry of this deadline, doromerch.com shall be entitled to demand a replacement for the first consignment of goods and shall also be authorised to charge for such a replacement. doromerch.com can then make use of the payment system previously stipulated.
The period of limitation amounts to twenty-four months, calculated from the time of delivery.
§ 10 Investigation, Processing and Use of Our Clients’ Personal Details
Information we receive from you assists us in making your shopping at doromerch.com an individual and personal experience and it enables us simultaneously to improve enjoyment and satisfaction. We use this information to process orders, to dispatch the merchandise, provide a range of services, and also handle payments (in the case of purchases on account we also use this data for all necessary checks and controls). In addition, we use your details to set up communication channels with you regarding orders, products, services and also when it comes to our marketing offers and proposals. Such information also serves to update our data records and to maintain and operate with due care and attention all our charge accounts. Finally, all these details enable us to recommend to you particular products or services, which we believe could be of interest to you.
§ 11 Privacy of Personal Data
doromerch.com shall only make use of and store personal data within the framework of order processing and this again only under the auspices of the legally-stipulated data protection regulations and conditions. Using such information for the company’s own marketing strategies is permitted.
§ 12 Applicable Law
German law applies, provided that no other system has been legally and mandatorily prescribed.