VAT identification no.: DE 145398441
Commercial register: local court Ulm (HRA 631091)

1. General provisions and scope of validity

1.1
TRAMONDI GERMANY e.K. (merchant by registration) – hereinafter referred to as TRAMONDI - offers products for sale, also by means of the online shop

among others. These products are especially, but not exclusively, licensed products such as bags, shoes, textiles, sports articles as well as fan articles and merchandising products.

1.2
These General Terms and Conditions shall be applicable for all contracts between TRAMONDI and all customers acquired through the TRAMONDI’s online shop.

1.3
Consumers as well as entrepreneurs can be customers in terms of the present General Terms and Conditions. Natural persons, who enter into a transaction for a purpose that can neither be attributed to their trade or business, nor to their work as a self-employed person, shall be deemed to be consumers. Any natural or legal person or partnership with legal capacity, which enters into a transaction acting within its trade, business or self-employed work, shall be deemed to be an entrepreneur.

1.4
The business relationship between TRAMONDI and the customer is subject to the law valid in the Federal Republic of Germany. For consumers, the above mentioned choice of law is only applicable as long as the protection thereby granted is not offset by mandatory provisions in the law of the state where the consumer has his ordinary residence.

1.4.1
The provisions in the UN Convention on Contracts for the International Sale of Goods (CSIG) shall not be applicable.

1.4.2
Provided that the customer is a businessman, a legal person under public law or a special fund under public law, exclusive place of jurisdiction for all disputes arising from this contract shall be the seat of TRAMONDI. The same shall apply, if the customer is an entrepreneur and has no general place of jurisdiction in Germany, or in case the entrepreneur’s domicile or ordinary residence is not known at the time of commencement of the action. TRAMONDI’s power to sue in a court at another lawful place of jurisdiction shall remain unaffected thereof.

2. Conclusion of contracts through the online shop; storage of the contract text

2.1
The publishing of goods in the online shop constitutes a legally binding offer on the part of TRAMONDI.

2.2
By ordering the item, the customer makes a legally binding offer for the conclusion of a sales contract for the selected item. TRAMONDI shall confirm the receipt of the order by email. However, the confirmation notification does not constitute a declaration of acceptance. The confirmation notification only serves to inform the customer that TRAMONDI has received the customer’s offer.

2.3
TRAMONDI reserves the right to accept the customers offer for the conclusion of a sales contract within three working days after receipt thereof by means of an explicit declaration of acceptance for the ordered goods.

2.4
TRAMONDI does not assume any procurement risk for the products published in the online shop and reserves the right to release itself of the obligation to fulfil the sales contract in the event that TRAMONDI itself was not properly or duly supplied by its own suppliers. In the event that the goods are not or only partially available, TRAMONDI shall immediately inform the customer thereof and immediately reimburse the customer’s counter-performance, if the customer declares to withdraw from the contract. TRAMONDI’s responsibility for intent or negligence in terms of the provisions regarding liability as set forth in item 9. of these General Terms and Conditions shall remain unaffected hereof.

2.5
After conclusion of the contract, the text of the contract is saved for the purpose of conducting the sale; however, the customer cannot access the text again on the website of the online shop under his data. During the order transaction, the website with the decisive contract information can be printed activating the browser’s print function. In any case the customer shall receive a text with the necessary contract information (again) after concluding the contract.

3. Revocation instructions for consumer
3.1 Revocation rights

Consumers may revoke a contract within two weeks by email, fax or letter or by sending back the goods, if the goods have been disposed before expiring date, without stating the reasons. The time allowed commences with receipt of this instruction in written, but not before the consumer has received the goods (regarding recurrent deliveries of similar goods, not before receipt of the first part delivery) and even not before completion of our reporting requirement according to § 312 c sub-section 2 German Civil Code (BGB) in conjunction with § 1 sub-section 1, 2 and 4 German Civil Code (BGB) -Info V as well as our duty according to § 312 e sub-section 1 sentence 1 German Civil Code (BGB) in conjunction with § 3 German Civil Code (BGB)-Info V. Punctual dispatch of revocation or of the goods shall be deemed sufficient for adherence to the revocation period.
The revocation shall be addressed to:

According to § 312 d sub-section 4 No. 2 German Civil Code (BGB) the revocation right fails with regard to delivery contracts of audio or video recordings or soft wares, in case that the seal of the delivered data has been broken by the consumer.

3.2 Consequences of revocation
In case of an effective revocation both parties shall return the effected performance and shall return possibly received benefits (e. g. interests). Provided that the consumer cannot return the received goods partially or entirely or can only return them in deteriorated condition, he shall, if applicable, compensate for loss value. For the surrender of goods this shall not apply, if the deterioration of the good is exclusively caused by testing the goods, as it would have been also possible in a shop for example. By the way, the consumer can avoid the obligation of compensate for lost of value for an deterioration caused by the conventional use of good, by not making use of the good like a proprietor and by avoiding everything that could lead to a value deterioration of the goods. Goods, which could be sent back as parcels shall be returned at the risk of TRAMONDI. The consumer shall bear the costs of the return consignment, if the delivered goods comply with the ordered goods and if the price of the goods which have to be returned does not exceed EUR 40.00. Further the consumer shall also bear the costs for the return of goods with a higher price, if – at the time of revocation - he has not yet made counter-performance or has not yet paid a contractually agreed partial payment. Otherwise the return is free of charge for the consumer.
Goods, which could not be sent back as parcels will be picked up at the consumers. Obligations of reimbursement of payment have to be achieved within 30 days. For the consumer the time allowed commences with the dispatch of the declaration of the revocation or with the dispatch of the good. For Tramondi the time allowed commences from the receipt of revocation or from receipt of good.

4. Prices; delivery and shipping expenses; payment conditions

4.1
The amounts stated as purchase price in the respective listings are final prices without exception. They therefore comprise all price components, including accruing taxes. For international deliveries, additional taxes (e.g. in the event of intra-Community acquisition of a good) and/or duties (e.g. customs duties) could accrue in individual cases, which shall be born by the customer.

4.2
Unless explicitly otherwise agreed upon, the purchase price does not include freight costs, postal charges and insurance. Therefore, additional delivery and shipping costs will arise upon dispatch. The amount shall conform to the information stated in the respective listing.

4.3
Unless explicitly otherwise agreed upon by way of an exception, the customer can optionally pay by bank transfer, the payment service Pay Pal, credit card, direct debit (“Lastschrift”) as well as cash on delivery. Cash on delivery incurs an additional charge by the transport company, which shall be born by the customer. TRAMONDI can neither influence the amount of this charge, nor does TRAMONDI receive this charge.

4.4
Provided that prepayment was agreed upon, the customer commits himself to at the latest pay the (total) amount 7 days after receipt of the request for payment without deduction. If the customer fails to meet this deadline, the payment shall be automatically deemed to be delayed without further notice. In cases of cash on delivery, payment shall be made to the transport company upon delivery.

4.5
The customer can only make use of a right of retention, if his counterclaim is based on the same contractual relationship.

5. Retention of title

TRAMONDI retains title to the goods until the purchase price has been paid by the customer. Provided that the customer is an entrepreneur, TRAMONDI retains title to the goods until all claims towards the customer resulting from the business relation have been settled.

6. Delivery and shipment conditions; passing of risk

6.1
Delivery of the purchased articles is made after pre-payment by mail-order to the delivery address given by the customer during the order transaction. In the event that caused by the customer additional costs for delivery are incurred by incomplete and/or faulty address data, like renewed shipment costs, the customer shall reimburse TRAMONDI for said costs.

6.2
Pick-up by the customer can only be considered if a pick-up date has been agreed upon with TRAMONDI and the goods are paid in cash by the customer.

6.3
Dispatch of the purchased items shall be made at the latest within 5 working days after receipt of the payment (for pre-payments) respectively after conclusion of the contract (for cash on delivery).

6.4
For transactions with entrepreneurs, the risk for accidental perishing and accidental deterioration of the purchased item passes to the entrepreneur upon delivery to himself or a person authorised to receive. Provided that the contract involves the carriage of the goods, also in the event of delivery free of carriage charges, the risk passes to the entrepreneur upon handover of the items to a person qualified for transport.

If the customer is a consumer, the risk for accidental perishing or accidental deterioration of the purchased item always – also in the event that the contract involves carriage of the goods – passes to the consumer upon delivery of the goods to the consumer.

The risk for accidental perishing and accidental deterioration of the purchased item also passes to the customer, if he delays receipt of the item.

7. Notification of transport damages

7.1
In the event that, upon delivery by the transport company, the ordered items have externally visible damages, which are therefore obviously caused by the transport, the customer shall refuse to take delivery of the goods. However, if the customer did accept the delivery, the packaging shall be saved. Moreover, the customer shall record the externally visible damages, which are obviously due to transport, on the shipping documents.

7.2
In the event of a (partial) loss or an externally invisible and therefore not obvious damage of the goods delivery, the customer shall notify TRAMONDI of the damage within five days after delivery or at least notify the transport company within seven days after delivery to ensure that possible claims against the transport company can be enforced in due time.

7.3
The customer shall support TRAMONDI with his best efforts in enforcing TRAMONDI’s claims against the respective transport company or transport insurance.

7.4
Possible rights and claims on the part of the customer – especially the customer’s statutory rights in the event of defects in the purchase item - shall remained unaffected from the provisions in paragraphs 7.1 to 7.3.

8. Warranty

8.1
Damages caused by the customers’ improper handling or usage of the item are not covered by the warranty.

8.2
In accordance with statutory regulations, the customer in principle only has a claim to subsequent fulfilment at first in case there are defects in the delivered item.

8.2.1
The consumer has the choice whether the subsequent fulfilment shall be carried out by means of rectification of defects or substitute delivery. Nevertheless, TRAMONDI is entitled to refuse the chosen method of subsequent fulfilment, if its execution is only possible at unreasonable costs and the other method of subsequent fulfilment does not involve substantial disadvantages for the consumer.

8.2.2
Entrepreneurs shall report obvious defects within a period of two weeks as of receipt of the goods in writing using the contact data stated above; otherwise the enforcement of warranty claims is excluded. For compliance with the set period, the timely dispatch of the notification of defect shall be sufficient.

8.2.3
Towards entrepreneurs TRAMONDI firstly warrants for defects in the goods at its own choice either by rectification of defects or substitute delivery.

8.2.4
Provided that the subsequent fulfilment fails, the customer may, in accordance with statutory provisions, at his own choice either reduce the purchase price, revoke the contract, demand damages or compensation for futile expenses. In the event that the customer chooses the payment of damages, the provisions regarding liability as set forth in item 9. of these General Terms and Conditions shall apply.

8.3
For defects in factory-new goods, the limitation period for the consumer’s rights is two years, for the rights of an entrepreneur it is one year as of delivery of the goods.
In the event that a second-hand item is bought by a consumer, his warranty claims become statute-barred after one year. The period of limitation commences upon delivery of the goods to the consumer.
No warranty claims apply, if an entrepreneur purchases a second-hand item.
The above mentioned period of limitation easements and warranty limitations do not apply, if TRAMONDI is liable in terms of item 9. of these General Terms and Conditions or a third party’s real right is concerned, due to which the surrender of the delivery item can be demanded.

8.4
The provisions in items 8.1 to 8.3 of these General Terms and Conditions shall not affect the entrepreneurs’ recourse claims in terms of the provisions §§ 478, 479 German Civil Code (BGB).

9. Provisions regarding liability

9.1
In accordance with the statutory regulations, TRAMONDI shall be unlimitedly liable for damages resulting from injuries to life, body or health caused by intentional or grossly negligent violation of duty as well as for other damages caused by intentional or grossly negligent violation of duty as well as fraudulent intent. Furthermore, TRAMONDI shall be unlimitedly liable for damages which are covered by the liability regulations in the imperative statutory provisions, such as the German Product Liability Act (“Produkthaftungsgesetz”) as well as in the event of acceptance of a guarantee.

9.2
For such damages, which are not described in item 9.1 and which were caused by simple or slight negligence, TRAMONDI shall be liable in as far as this negligence is related to contractual obligations and the fulfilment of these obligations is essential for the due execution of the contract and the customer can as a rule rely on the compliance with these obligations (so-called cardinal obligations). However, thereby TRAMONDI’s liability shall be limited to the foreseeable damages typical for this type of contract.

9.3
In the event of slight negligence concerning contractual obligations, which are neither embraced by item 9.1 nor by item 9.2, (so-called immaterial contractual obligations), TRAMONDI shall be liable towards consumers. However, the liability shall be limited to the foreseeable damages typical for this type of contract.

9.4 Further liability shall be excluded.