Terms of Service

1. Scope

• These general terms and conditions apply to all deliveries of goods made by S&T Handels GmbH & Co KG on the basis of distance selling orders, in the version valid at the time of the respective order. By placing an order, the customer accepts these general terms and conditions as well as the delivery and payment terms that are an integral part of these terms and conditions, which can be found on the website www.trophystone.de on a daily basis. Amendments or side agreements must be made in writing and confirmed by persons authorized to represent S&T in order to be valid Handels GmbH & Co KG and only apply to the individual business case. The other employees of S&T Handels GmbH & Co KG are not authorized to make changes or ancillary agreements to these General Terms and Conditions. Contractual terms and general terms and conditions of the customer are expressly contradicted in their entirety. Should individual points of these General Terms and Conditions be ineffective, this affects the validity of the other provisions and the contracts concluded on the basis of them. In place of the ineffective provision, the parties shall agree on an effective one that comes closest in meaning and purpose.

2. Conclusion of contract

• The offers of S&T Handels GmbH & Co KG are entirely non-binding. Customer orders are the offer in the legal sense, to which the customer is bound for 10 days. The contract is only concluded with the order confirmation from S&T Handels GmbH & Co KG or with the delivery or service. A separate notification of the customer of the acceptance is not required. S&T Handels GmbH & Co KG is entitled to only partially accept orders. An online order is only possible if all mandatory fields (fields marked with an asterisk) are filled out. Before sending the order, the customer receives a summary of the content of the order including prices, which he can still correct or confirm. The receipt of the order is confirmed by an automatically sent e-mail, which does not mean that the order has been accepted. S&T Handels GmbH & Co KG only receives messages during normal business hours (Monday to Friday from 9:00 a.m. to 4:00 p.m. with the exception of public holidays in Austria). Messages received by S&T Handels GmbH & Co KG outside of these times are only deemed to have been received on the next working day. The customer is aware that the Internet is not a secure communication medium and that data sent via the Internet can be known on the one hand and on the other hand can be changed by third parties. The customer bears the risk that data does not arrive at S&T Handels GmbH & Co KG or not in the form sent by him. S&T Handels GmbH & Co KG can rely on the data being sent by the customer in the form in which they are received.

3. Prices

• Our prices include the statutory Austrian sales tax, without delivery costs and without any ancillary services. For deliveries outside of Austria, the applicable export and import duties also apply. For our deliveries, we also charge a flat rate for packaging and shipping ("delivery costs"), the specific amount of which depends on the product ordered and the place of delivery. A daily updated list of delivery costs can be accessed at www.trophystone.de.

4. Delivery and Delivery Time

• The goods are shipped at the risk and expense of the customer to the delivery address specified by him when ordering. The type of shipment by post or private delivery services is considered approved. If the goods are sent to the customer at his request, the risk of accidental loss or accidental deterioration of the goods passes to the customer when the goods are sent to the customer, but at the latest when the goods leave S&T Handels GmbH & Co KG. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs. The information provided by S&T Handels GmbH & Co KG on delivery dates is non-binding. In any case, non-compliance with the delivery dates only entitles the customer to assert the right of withdrawal if S&T Handels GmbH & Co KG does not carry out the delivery despite having set a grace period of at least two weeks in writing , unforeseeable disruptions to operations, official intervention, delays in transport and customs clearance, damage in transit, rejects of important production parts and labor disputes, are extended by the duration of the hindrance. If partial deliveries are possible, they are also legally permissible. Each partial delivery is considered a separate transaction and can be invoiced separately by S&T Handels GmbH & Co KG.

5. Warranty

• Any defects that occur must be reported by consumers in writing by e-mail (office@trophystone.de) immediately, but no later than one week after delivery of the goods or after the defects have become apparent - without adverse legal consequences being associated with failure to do so. In the case of damaged shipments, the deliverer (Post, Hermes, etc.) must be stopped immediately to assess the damage; if this does not happen, S&T Handels GmbH & Co KG must refuse to settle the damage. If the customer is an entrepreneur within the meaning of the UGB, he must return the goods or .to check the service rendered for completeness, correctness and other defects immediately upon receipt and any defects immediately, but no later than eight working days after receipt of the goods or service and before resale or use, otherwise loss of all defects) claims to which you are entitled, in particular also consequential damages, to be reprimanded in writing by e-mail (office@trophystone.de). In the case of defects in title, this period begins when the defect becomes apparent. If the item is defective, the customer can choose between improvement and replacement. Only if these two services are impossible or impractical can the customer - in accordance with the statutory provisions - request a reasonable price reduction or conversion. The customer is obliged to give S&T Handels GmbH & Co KG the opportunity to improve. If S&T Handels GmbH & Co KG improves a defect, this is done free of charge and expenses, whereby S&T Handels GmbH & Co KG can demand that the customer return the goods - insofar as this is feasible - at the risk and expense of S&T Handels GmbH & Co KG. Only those properties that S&T Handels GmbH & Co KG has expressly guaranteed in writing are to be considered as guaranteed properties of the goods. S&T Handels GmbH & Co KG reserves the right to make changes to the range, they do not constitute a defect.

6. Damages

• S&T Handels GmbH & Co KG assumes no liability for damage to property and financial losses for whatever legal reason, in particular due to delay, impossibility of performance, positive breach of contract, culpa in contrahendo, consequential damage, defects or tortious acts which occur as a result of slight negligence on the part of S&T Handels GmbH & Co KG or persons for whom S&T Handels GmbH & Co KG is responsible. In the case of contracts with consumers, this exclusion of liability excludes personal injury and damage to items taken over for processing. Customers who are entrepreneurs within the meaning of the UGB must prove the existence of gross negligence or intent. The liability sum to be paid by S&T Handels GmbH & Co KG is limited to twice the order sum.

7. Terms of Payment

• The customer has the option of paying in advance (bank transfer), by PayPal, by cash on delivery, by credit card, by immediate transfer or by Klarna. Payment by cash on delivery is only possible for shipping within Austria or Germany. To protect against the credit risk, S&T Handels GmbH & Co KG reserves the right, depending on the respective credit rating, to only carry out the requested order against prepayment. If the customer has chosen to pay in advance, PayPal, credit card or immediate transfer, he undertakes to pay the purchase price immediately after the conclusion of the contract. A fee of €8.00 will be added for cash on delivery. Insofar as S&T Handels GmbH & Co KG delivers cash on delivery, the purchase price claim is due upon receipt of the goods. to withhold the deliveries until the agreed consideration has been rendered while observing the open delivery period or to withdraw from the contract after a reasonable period of grace has expired and/or to demand compensation for non-performance. In this case, the customer must immediately return the delivered goods to S&T Handels GmbH & Co KG at his own expense. S&T Handels GmbH & Co KG reserves the right to assert claims for damages for depreciation, wear and tear, compensation for its own transport expenses and other things, whereby S&T Handels GmbH & Co KG is entitled to demand 20% of the goods price as a minimum contractual penalty or to to withhold If the customer is in default of acceptance, S&T Handels GmbH & Co KG is entitled to charge for the costs incurred from the invoice amount owed from the due date of the invoice. In the case of entrepreneurs, interest on arrears will be charged at a rate of 8% pa above the respective base interest rate of the European Central Bank. Dunning fees and interest on arrears in the statutory amount will be charged from the 1st reminder. If a second reminder is required, all future deliveries will only be made against advance payment or cash on delivery. After an unsuccessful 2nd reminder, the claim is handed over to a collection agency or a lawyer. In the event of a breach of his contractual obligations, the customer undertakes to reimburse S&T Handels GmbH & Co KG for all costs necessary for the appropriate pursuit of the claims. € 5.00 per reminder and € 25.00 for keeping records of the obligation in the dunning process are to be reimbursed by the customer. In addition, the costs of the collection agency are to be reimbursed up to the maximum fees provided for in the applicable ordinance for maximum fees in collections and the costs of lawyers according to the Lawyers' Tariff Act. Offsetting: The ban on offsetting applies in principle. The customer can only offset in the event of insolvency of S&T Handels GmbH & Co KG or with related, undisputed or legally established claims. Entrepreneurs within the meaning of the UGB can only assert a right of retention with regard to such claims. Unjustified deduction: In the event of unjustified deduction of discount, shipping costs or other amounts, the outstanding amount will be requested by S&T Handels GmbH & Co KG at the expense of the customer.

8. Retention of Title

• The delivered items remain the sole and unrestricted property of S&T Handels GmbH & Co KG until the price has been paid in full, including all ancillary fees. Until then, they are only a commodity entrusted to the customer, which may neither be sold nor pledged, nor given away or lent. The customer is not entitled to dispose of these items without the prior express consent of S&T Handels GmbH & Co KG and bears the full risk for the goods entrusted to him in every respect, in particular for the risk of destruction, loss and deterioration.

9. Copyright

• The use of texts, images, photos, layouts and other representations of the homepage www.trophystone.de and parts thereof requires the express prior written consent of S&T Handels GmbH & Co KG. Any use, in particular forwarding, duplication, publication and making available, including copying only in part, requires the express prior written consent of S&T Handels GmbH & Co KG.

10. Privacy

• Personal data of customers are only treated within the framework of the legal provisions on data protection. The customer agrees that the data provided as part of the order and order processing will be collected, processed, stored and used for accounting purposes at S&T Handels GmbH & Co KG and for internal market research and marketing purposes. The data will be used by S&T Handels GmbH & Co KG to comply with legal regulations, to process payment transactions and for advertising purposes, but will not be passed on to third parties. Consumer data will be deleted, corrected and blocked for advertising and marketing purposes at any time upon request. Further information can be found in our imprint under "Privacy Policy".

11. Online Dispute Resolution Platform

• In accordance with the regulation on online dispute resolution in consumer matters (ODR regulation), we would like to inform you about the online dispute resolution platform (OS platform). Consumers have the option of submitting complaints to the European Commission's online dispute resolution platform at http://ec.europa.eu/odr?tid=121817193. You will find the necessary contact details above in our imprint. However, we would like to point out that we are not willing or obliged to participate in dispute settlement procedures before a consumer arbitration board.

12. Miscellaneous

• Deliveries and declarations of intent are made to the address specified by the customer in the order with legal effect until a different address is given in writing. The customer is obliged to provide the relevant data requested in the form completely and correctly upon conclusion of the contract. In the event of incorrect, incomplete or unclear information provided by the customer, the latter shall be liable for all costs incurred by S&T Handels GmbH & Co KG. The customer is obliged to notify S&T Handels GmbH & Co KG of any change of name, address or change of domicile in writing without delay. In the event of omission, any written notification sent to the last known address of the customer shall be deemed to meet the requirements of effective delivery. A transfer of the rights from the contract concluded with S&T Handels GmbH & Co KG to third parties requires the written consent of S&T Handels GmbH & Co KG.

13. Applicable law, place of performance, place of jurisdiction

• Austrian law applies exclusively to the legal relationship between S&T Handels GmbH & Co KG and the customer, excluding its reference standards and the UN Sales Convention. The place of payment and fulfillment for all obligations arising from this contract is A-8573 Kainach. The place of jurisdiction for all In the case of disputes arising directly or indirectly from the contract, the Austrian court with local and subject-matter jurisdiction for A-8573 Kainach is agreed. If the customer is a consumer within the meaning of the KSchG, this place of jurisdiction is only agreed if the customer has his domicile, habitual residence or place of employment in this jurisdiction or if the customer lives abroad. S&T Handels GmbH & Co KG is also authorized to sue the customer at his general place of jurisdiction.