General Terms and Conditions with Customer Information


List of Contents

  • 1. Scope / Jurisdiction
  • 2. Conclusion of Contract of Sale
  • 3. Cancellation Policy / Withdrawal
  • 4. Prices and Terms of Payment
  • 5. Delivery and Transport Conditions
  • 6. Retention of Title
  • 7. Liability for Defects
  • 8. Applicable Law
  • 9. Liability/Disclaimer
  • 10. Exemption from breach of third party rights
  • 11. Applicable Law
  • 12. Information on online dispute resolution

1) Scope / Jurisdiction

1.1 These General Terms and Conditions (hereafter GTC´s) of TRISANA GmbH (hereafter vendor) apply to all contracts closed between a consumer or company (hereafter customer) and the vendor for goods or services presented by the vendor for sale in the Amazon marketplace (hereafter Amazon). Any other terms and conditions of sale such as those of the customer hereby lose their validity, unless otherwise expressly agreed.

1.2 In the context of these GTC´s a customer or consumer is any private person who completes a contract of sale for non-commercial purposes. A customer or consumer is also any legal entity or judicable/incorporated partnership which completes a contract of sale for commercial purposes.

2) Conclusion of Contract of Sale

2.1 The product descriptions provided by the vendor in Amazon do not constitute a contractual offer on the vendor´s part, this can only be effected by the customer in submitting an order. The product descriptions merely represent a visual aid for the customer to do so.

2.2 The customer can tender his sale by using Amazon´s integrated shopping basket system or by using the 1-Click purchase function

2.2.1 When placing an order using the integrated shopping basket system the customer enters a binding contract for purchase of the goods in the virtual shopping basket as soon as the button "Buy Now" is pressed.

2.2.2 When placing an order using the 1-Click purchase function the customer enters a binding contract for purchase of the selected goods as shown in the relevant product detail page. The following technical steps must be carried out by the customer:

The first step for the customer is to register with Amazon. The second step is to activate the 1-Click function. After logging in the customer clicks on "My Account" and then proceeds to the automatically opening page in the Settings category to "1-Click check/change". The customer then enters his address. In the fourth step payment details such as "bank transfer" or "credit card payment" details are entered. In the fifth step the customer clicks on "management of 1-Click settings", then clicks the button "activate 1-Click". In the sixth step the customer clicks back to the product page. The seventh step is to select each product for purchase using the 1-Click-Pulldown-Menu to enter the desired delivery address. The eighth step is to click on the "Buy with 1-Click" button.

2.3 Shortly after the customer has completed and entered the order a confirmation email will be sent by Amazon that the vendor has received the order. The vendor then has five days to accept the order

  • by directly sending the customer a written confirmation (fax or email), by sending a written confirmation through Amazon, whereby the receipt of the confirmation is definitive, or
  • by directly delivering the ordered merchandise, delivering the merchandise through Amazon, whereby the receipt of the merchandise by the customer is definitive, or
  • by directly requesting payment, requesting payment through Amazon, or
  • if the customer has chosen to pay by direct debit (where this payment option applies) the vendor then collects full payment from the customer´s bank account or collects full payment through Amazon, whereby the time of collection of payment is definitive.

Should more than one of the above alternatives apply, the contract is based on whichever is completed first. Should the vendor not accept the order within the aforementioned deadline the customer is no longer bound by his declaration of intent for the order as the order was not accepted by the vendor.

2.4 The deadline for accepting the order begins on the day after placement of the order by the customer and ends at the end of the fifth day following the placement of the order..

2.5 The text of the contract will be saved by the vendor and sent to the customer in text form (e.g. email, fax or letter) after closure of the contract along with the applicable GTC´s and customer information. Additionally the contract text will be archived by Amazon and can be accessed by the customer free of charge using the password protected Amazon customer account.

2.6 When ordering through Amazon´s shopping basket system the customer can change or correct his order before completing and entering the order using the usual keyboard and mouse functions. Additionally all items for purchase will appear in an "order confirmation" window with a correction function using the usual keyboard and mouse functions before the order is binding and completed. Orders placed with the 1-Click function are completed when the button "Buy with 1-Click" has been pressed. From this point on no further changes can be made.

2.7 Contracts can only be placed in the German language.

2.8 Processing of orders and customer contact will be done by email and order processing is automated. The customer is responsible for ensuring that the email address submitted by him is correct and able to receive emails sent either by the vendor or by Amazon as the vendor´s agent. Particularly, the customer must ensure that SPAM filters do not hinder the receipt of mails sent by the vendor or by Amazon.

3) Cancellation Policy

Consumers are fundamentally entitled to the right of revocation/cancellation. Further information is available in the vendor´s cancellation policy..

4) Prices and Terms of Payment

4.1 The prices quoted by the vendor are total prices including VAT/Sales Tax. Additional transport and/or delivery charges are quoted separately in the product descriptions.

4.2 Further costs may be incurred if deliveries are to countries outside the European Union, these costs will be carried by the customer. In this case there may be bank transfer fees (currency exchange costs, transfer fees) required by the bank or import fees such as import taxes (customs fees). These costs may in some cases also apply to payments/bank transfers for deliveries within the European Union, however, where the customer pays for his order from a country outside the European Union.

4.3 Payment processing is via the Amazon Payments system of the Amazon platform operator. Payments can be made by direct debit (bank transfer) and by credit card (Visa, Mastercard, American Express).

5) Delivery and Transport Conditions

5.1 The delivery of merchandise is by mail to the delivery address supplied by the customer unless otherwise specified and agreed. The definitive address is the delivery address supplied by the customer to Amazon..

5.2 The customer will carry costs incurred should the merchandise have to be returned to the vendor because the delivery could not be carried out by the shipping company. This does not apply if the customer effectively exercises his right of revocation, if he is not in any way responsible for the reason the delivery could not be made, or if he was unable to accept the delivery because it was made at a different time than agreed. This last does not apply if the vendor informed the customer a reasonable time in advance.

5.3 Collection by the customer is not possible for logistical reasons.

6) Retention of Title

The merchandise remains the property of the vendor until full payment has been made.

7) Liability for Defects

The legal regulations regarding the liability for defects shall apply.

8) Applicable Law

8.1 The law of the German Federal State governs all legal relations, excluding the laws governing international purchase of moveable goods. This consumer choice of law is only valid as long as the law applies (and is not withdrawn) in the customer´s country of residence.

8.2 If the customer is a trading merchant, a legal person under public law, a representative of fund assets subject to public law based in the Federal State of Germany, the court of jurisdiction for all claims pertaining to the purchase contract is exclusively that of the vendor´s registered office and governed by German law. In the event of the customer living outside the Federal State of Germany, the court of jurisdiction for all claims pertaining to the purchase contract is exclusively that which applies to the vendor´s registered office if the contract, or claims against the contract, can be attributed to the professional or commercial/operational activities of the customer. In the aforementioned case the vendor is entitled to contact the court of law in the customer´s place of residence or the court of law in the customer´s registered office.

9) Liability/Disclaimer

9.1 The vendor has unlimited liability on any legal grounds in the case of

- wilful intent or gross negligence

- wilful intent or gross negligence resulting in injury to life, limb or health

- a guarantee promise, unless otherwise stipulated

- mandatory liability as regulated by the Product Liability Act

9.2 Should the vendor negligently be in breach of a fundamental contractual obligation, liability is limited to contract-typical, predictable damages not in accordance with unlimited liability.

Fundamental contractual obligations are those obligations imposed on the vendor by the contract regarding its contents and purpose, making the fulfillment of the contract possible and on whose compliance the customer can rely and trust.

9.3 The liability of the vendor is excluded.

9.4 The above specified liability provisions apply to our agents and legal representatives.

10) Exemption from breach of third party rights

If the vendor as well as delivering the merchandise, is further required to modify the merchandise according to the wishes of the customer, then it is the customer who is obliged to ensure that third party rights are not infringed by said modifications (copyrights or trademarks). The customer exempts the vendor from third party claims directed at the vendor through the customer which could be made by any third parties claiming an infringement of their rights according to the contractual use of the merchandise by the customer. The customer hereby bears all reasonable costs and expenses for legal representatives, including court fees and lawyer´s fees at the statutory rate. This does not apply if the customer is not responsible for the violation of the law. Should there be a third party claim, the customer is obliged to provide the vendor with all manner of information, promptly, truthfully and completely to enable legal examination and defence.

11) Liability for Defects

11.1 All legal relationships of the parties are subject to the laws of the Federal Republic of Germany excluding the laws governing international sales of moveable goods. The foregoing provisions regarding the governing law apply to consumers only to the extent that granted protection by mandatory statutory provisions of the country in which the consumer maintains his/her permanent residence, is not withdrawn.

11.2 Furthermore, with regard to the right of revocation, this choice of law will not apply to consumers who at the time of conclusion of contract, do not belong to a member state of the European Union and whose only place of residence and delivery address lies outside the European Union.

12) Information on online dispute resolution

The EU Commission has created a platform for online dispute resolution, reachable at the following link: http://ec.europa.eu/consumers/odr

This platform serves as a contact point for consumers who are involved in disputes and aims to assist with out-of-court settlements regarding online purchases of goods or services.