1. Scope of application, general terms and conditions of third parties
Our General Terms and Conditions apply to sales within the territory of the Federal Republic of Germany.
General terms and conditions of third parties do not become an integral part of the contracts concluded by us even if we have not explicitly objected to such terms and conditions and if the business partner makes reference to his own general terms and conditions.
The General Terms and Conditions also apply to future transactions in which we are involved, in the version applicable at the respective time.
2. Conclusion of the contract
2.1 Offers have no binding effect. Contracts and other agreements take effect only upon our confirmation or with the start of delivery of the goods.
2.2 If we are not supplied ourselves from a concrete contract placed by us or if a service ordered by us is not rendered and if the supply/service is required for the manufacture of the ordered goods, we are released from the obligation to render service. We are obligated to immediately inform the buyer of this.
2.3 The goods are subject to prior sale.
3. Delivery, passing of risk
3.1 The periods of delivery are binding only if they have been confirmed by us in writing.
3.2 Events due to acts of God, interruptions of operations of any kind (e.g. also industrial action) cause a suspension of any agreed binding period of delivery for the period of their duration plus a reasonable start-up time unless we are responsible for the delaying event.
3.3 In the event of a covering transaction the goods are always subject to correct and timely receipt of the delivery.
3.4 If delivery is delayed due to our fault, the period of extension of the original period of delivery which is to be granted by the customer by law is determined to be 6 weeks starting from the date of receipt of the notice granting the extension.
3.5 If a period of delivery is exceeded for reasons for which we are responsible and if the extension to be granted by the customer has expired without success the customer shall be entitled to withdraw from the contract. He may request compensation for damages due to the delay onl, if the delay is due to intent or gross negligence on our part of if we have infringed an essential contractual obligation.
3.6 The place of performance for the deliveries is our registered office. Delivery takes place at the customer's risk. With the handing over of the goods to the carrier and provision of the goods ready for collection by the carrier the risk passes to the customer.
4. Reservation of title
We hold the title to the delivered goods until full payment has been received for them.
5. Defects, liability
5.1 The customer is obligated to examine the delivered goods immediately after their receipt. If he finds defects he is to immediately inform us of these. As far as defects are concerned which are not immediately visible, notification is to be effected immediately after their detection.
5.2 If the examination of the goods or the notification are not effected immediately, the goods are considered as delivered according to the contract.
5.3 Liability for damage is excluded unless damage causing loss of life, bodily harm or injury to health is concerned, unless the damage is due to an intentional or negligent breach of duty by us or our legal representative or by one of our auxiliary persons. Damage claims are also not excluded, if they are based on an intentional or gross negligent breach of duty by ourselves, by one of our legal representatives or auxiliary persons. If the neglected duty is an essential contractual obligation, damage claims are not excluded, if the breach of duty is based at least on negligence by ourselves or by one of our legal representatives or auxiliary persons.
6. Instruction on the right of cancellation
6.1 Right of cancellation: If the contract has been concluded only by telecommunication means (initiation or conclusion of the contract without physical presence of the contracting parties, e.g. by letter, catalogues, telephone calls, fax, e-mail, broadcasting, television or media services) you have the following right to cancel the contract:
6.2 You are entitled within 2 weeks to revoke your contractual statement in writing without stating reasons (e.g. by letter, fax, e-mail) or - if the goods have been transferred to you before expiry of the specified period - by returning the goods. The specified period starts after receipt of this instruction in writing, but not before receipt of the goods by the consignee. In order to comply with the specified period timely mailing of the revocation or timely dispatch of the goods shall be sufficient. The revocation is to be addressed to:
schoolTrends GmbH & Co. KG
Lichtenbroicher Weg 12
40472 Düsseldorf
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Fax: +49 2111 / 598 29 132
6.3 Consequences of cancellation:
If an effective cancellation has become operative, the mutually granted services are to be returned and any benefit derived from them (e.g. interest) is to be given back. If you are unable to return the received service (goods) in whole or in part or only in a deteriorated condition, you may be obligated to compensate us for the corresponding value. If goods have been transferred, this provision shall not apply if the deterioration of the goods is exclusively due to their examination - as you could have otherwise carried it out in a shop. In other respects you can avoid the duty to provide compensation for the value after the goods have been used according to their intended purpose and have thereby suffered deterioration by not putting the goods into use as your property and by refraining from any action which may affect its value. Goods which can be sent by parcel are to be sent back to us (at our expense and risk). Goods which cannot be sent by parcel will be collected from you. Obligations for the reimbursement of payments must be fulfilled within a period of 30 days. The period starts for you with the mailing of your notice of revocation or with the dispatching of the goods, for us it starts with their receipt.
7. End of the instruction on the right of cancellation
8. Storage of the text of the contract.
Personal data are stored and used for the processing of the order and for customer care. If you send us an e-mail, this mail and your e-mail address will be used for the correspondence with you and for the processing of the contract. The data are also stored for back-up purposes. If you are provided with the opportunity within the scope of the Internet offer to enter personal or business data (e-mail addresses, names, addresses) these data are disclosed by the user on an explicitly voluntary basis. You can object to the use of the data at any time. The use by third parties of contact data such as postal addresses, telephone and fax numbers as well as e-mail addresses disclosed in the company info section or of comparable data for the purpose of sending information which has not been explicitly requested is not allowed.
9. Applicable law and place of jurisdiction
9.1 German law is applied to the contractual relationship. It shall also apply if the contractual partner has its registered office abroad.
9.2 The place of jurisdiction is Düsseldorf. This shall not apply if the contractual partner is neither a merchant nor a legal entity under public law nor a special fund under public law or if the business of the contracting partner does not require commercially established business operations because of the type and extent of this business
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