Conditions of Use
Tres Noir Europe Distribution
General Managers : Roman Wolf
General terms and conditions
1 . Basis of contract
All contracts which are concluded by the customer or the buyer via the internet or other means of telecommunication with "Tres Noir Europe " are subject exclusively to these general terms and conditions. Herewith, we prohibit specifically the inclusion of purchasing conditions or other standard business conditions by the customer. This is expressly accepted by the customer with his order.
2 . Conclusion of contract
2.1 An order placed by the customer in writing, by telephone, or e-mail is a binding offer. At our own option we can accept this offer within 5 working days by sending an order acknowledgement or the merchandise. Orders placed by the customer are offers which are principally binding to the customer for 14 days.
2.2 The offers are subject to change and depend on punctual supply to ourselves and availability of the goods. Non-delivery or failure to comply with scheduled delivery dates due to complete or partial unavailability of the merchandise entitles the customer to withdraw from the contract after an adequate additional time allowance of at least 14 days has passed. The customer is not entitled to rights exceeding this.
2.3 In isolated cases, part deliveries are permissible and must be accepted by the customer.
3.Right of return
3.1 If the customer is a consumer in terms of the German Civil Code, he has the right to return delivered merchandise, which was bought at Tres Noir Europe via the internet or by using any other form of telecommunication, to the above mentioned address within two weeks without giving reasons. The customer can also state a request for us to take back the merchandise in written form, i.e. via mail, fax, or e-mail. Time allowance starts upon receipt of goods.
3.2 The merchandise must be returned to us unworn and in flawless condition including labels and wrapping in an insured postal package. An uninsured consignment can only be considered when it contains small parts or merchandise of little value (less than 40.00 €), which was also sent uninsured by us to the customer. The return consignment is at the expense and the risk of Tres Noir Europe . The customer is obliged to keep the receipt of posting of the consignment until he receives either the confirmation of receipt or a refund from Tres Noir Europe.
3.3 Is the merchandise value up to 40.00 €, the return consignment is at the customer’s expense unless the delivered goods are not in accordance with those ordered. Is the merchandise value higher than 40.00 €, the return consignment is at the expense of Tres Noir Europe In this case, Tres Noir Europe refunds the costs of the return consignment together with the purchase price. Not prepaid return consignments are principally not accepted.
3.4 There is strictly no right of return for contracts for the delivery of merchandise which is not part of the offered range of goods but is explicitly ordered for the customer at his own request or which was manufactured or altered according to the customer’s wishes.
4. Purchase price refund on merchandise return
4.1 The refund of the purchase price as well as, if applicable, the costs for the return consignment, we carry out without delay, no later than within five working days. For this, this customer needs to state his bank details in sufficient time, with the return consignment at the very latest.
4.2 There is no refund of the consignment costs the customer paid for sending the goods to him, unless it is a case of warranty.
4.3 There is no entitlement to a refund of the complete purchase price when the value of the merchandise is reduced either by usage, which exceeds the normal inspection of the goods also possible in a retail shop, or by damaging the goods or their wrapping, or by other circumstances the customer is responsible for. In this case an adequate amount will be deducted from the refund. Should the decline in value be so substantial that a resale of the merchandise is impossible or only possible with unjustifiable loss, we will principally not take back the goods.
5.1 Online orders are generally postage free, however, for parcels sent c.o.d., a fee of 3.50 € is charged. The post office charges another 2.00 € for delivering a c.o.d. parcel and transferring the amount paid to our account. As the fee is collected and the receipt confirmed by the post office, it is not shown separately on our invoice. Postage charges for online orders from abroad are 5.00 € pro-rata. For telephone or fax orders within Germany we charge a flat rate of 5.50 €, from abroad always 10.00 €. Different charges for consignments and c.o.d. apply for all deliveries within the European Union (EU/EEC) and outside of the EU. We reserve the right to correct apparent errors.
5.2 All prices are in Euro, plus V.A.T. for wholesale, including V.A.T. for retail. For customers outside of the EU groce for net applies.
6. Prices and consignment
6.1 All prices are plus packing and postage charges which are paid for by the customer.
6.2 The merchandise will only be dispatched against prepayment, c.o.d. or payment by credit card.
6.3 Consignment of the merchandise to the customer takes place, if possible, within three working days from payment receipt. In the event of a delay the customer will be notified immediately.
6.4 On receiving the order the goods are reserved for the customer. If no payment is made within two weeks from the conclusion of the contract, we reserve the right to deal with the merchandise otherwise.
6.5 When sending goods to countries outside of the EU, the customer is responsible for the correct customs clearance at his own expense.
7. Replacement items
Should a particular item be undeliverable, we can send an item equivalent in quality or price in individual cases. This article can also be returned by the customer within 14 days. Should an ordered item or replacement item be undeliverable, we are entitled to cancel our contractual obligation.
Should a delivery be made without prepayment or c.o.d., as an exception on the basis of a respective written agreement with the customer, the ownership of the delivered goods only passes to the customer after the complete payment of the purchase price. As long as we are owners of the merchandise, the customer is to notify us immediately about third parties asserting rights of any kind to the goods.
9. Warranty, liability
9.1 When defects occur, the customer is initially only entitled to supplementary performance, i.e., he can choose to demand a rectification of defects on the delivered goods or a replacement delivery. Only after two unsuccessful attempts for supplementary performance, the customer is entitled to additional legal warranty claims, such as a reduction of the purchase price and a cancellation of the contract.
9.2 Transport damages are principally only accepted when the customer reports them to us in writing or via e-mail without delay, 48 hours after receipt of the merchandise at the latest. To adhere to the time-limit a timely dispatch of the notification is necessary.
9.3 In the event that we are unable to make the payment owed due to force majeure, we are exempt from liability for its the duration. If the execution of an order resp. the dispatch of the merchandise is impossible for more than one month due to force majeure, the customer is entitled to cancellation of the contract. The customer is not entitled to further rights in this case.
10. Storage of data
In accordance with § 28 of the German Federal Data Protection Act (BDSG) we would like to advise you that the data necessary for business transaction is processed and stored with electronic data processing facilities in compliance with § 33 (BDSG). We will not pass on your personal data including your home and e-mail-address without your explicitly stated consent which can be revoked at any time. We use technical safety measures to protect your data managed by us against accidental or deliberate manipulation, loss, destruction, or access by unauthorised persons. At all times, you are entitled to information, correction, blocking, and deletion of your stored data. Concerning this matter, please contact us at the above mentioned address.
11. Severability clause
Should a clause of this agreement be declared inadmissable by a responsible court, the validity of the other clauses remains unaffected.
Is a clause of this agreement ineffective only in part, the other part remains valid.
12. Other regulations
Place of fulfilment is the principal office of Tres Noir Europe GbR. Place of jurisdiction for all disputes from the contractual relationship is Hamburg, provided that the customer is a trader in terms of § 14 BGB (German Civil Code). In all cases, the legal place of jurisdiction applies.
13. Exclusion of liability for links
The company Tres Noir Europe herewith distances itself expressly from contents and displays on all linked external pages. This disclaimer also applies to pages which contain or link contents of the company Tres Noir Europe with or without our knowledge. The exclusion of any liability for links is based on the decision of the district court Hamburg dated May 12, 1998 - “Liability for links“ .