General Business Conditions (B2B)
Offer exclusively to entrepreneurs (§ 14 BGB). No offer to consumers (§ 13 BGB)
B2B = Business-to-Business
§ 1. Scope of application
(1). The following general terms and conditions apply to the sale of goods and other services by us, the TRINITIX for LIFE, in Germany supervised by MAGNEGY Distributions GmbH - Rodenkampweg 72 - D-22415 Hamburg, whether these transactions are completed online or offline. The following general terms and conditions shall apply in the version valid at the time of conclusion of the contract.
We do not accept any deviating or contradictory terms of the buyer, unless we have expressly consented to this. The performance of the services is not to be regarded as such approval.
(2). These General Terms and Conditions of Business apply exclusively to self-employed sales partners who conclude a business as a business or self-employed person (entrepreneur) as defined by §§ 14, 310 Abs.1 BGB. A direct sale by us to end customers (consumers) is not provided via the Internet portal.
§ 2. Registration as an independent sales partner
(1). For direct orders, you have the option to create your own user account and thus register as a customer for our trading system online. The data required for the creation of the user account are to be stated completely and truthfully by you. Subsequent changes to your personal data are to be entered by you on your own responsibility.
(2). Our business partners are independent. They operate their business in their own name and on their own account. The business partner receives the necessary consent and approval to exercise the business. The business partner must comply with the applicable statutory provisions as well as with trade and tax regulations.
(3). Registration is required to include a "sponsor" and purchase an entry kit. The future purchase discount and the calculation of bonus payments are calculated according to the kit (1,2 or 3). You can find more details in the online system. The password you choose must be kept secret under all circumstances and not be disclosed to third parties. By registering you declare your general acceptance
(4). Contracts can only be concluded with natural or legal persons, who have reached the age of 18, who have unlimited professional qualifications. The customer declares that he fulfills these requirements.
§ 3. Conclusion of contract
(1) We sell our goods and other services exclusively to self-employed sales partners who conclude a business as a commercial or self-employed person (entrepreneur in the sense of § 14 BGB).
(2). In the case of an online order, you place a binding contract offer at the end of the ordering process by clicking on the button "Paying to Order". A purchase contract comes into effect only when we accept this offer. This is done exclusively by means of a corresponding e-mail with which we confirm the receipt and acceptance of your order.
(3). All offers are free. The purchase contract comes only with dispatch of the ordered goods to the specified address.
§ 4. Prices, shipping charges, terms of payment, set-off, assignment
(1). The prices are valid at the time of the order placed. There is, in principle, no right to obtain goods at earlier or later, more favorable prices. If we take account of price reductions for your current order prior to the delivery of the goods, this is done voluntarily and without legal obligation.
(2). The prices are from distribution warehouse including the legal VAT and without costs for packaging and shipping. Shipping costs are indicated and payable by the buyer. The deduction of cash discount is excluded.
(3). The fulfillment of the purchase price obligation by offsetting is only permitted to you, if your counterclaims are legally valid, undisputed or recognized by us. In addition, you are entitled to exercise a right of retention only to the extent that your counterclaim is based on the same contractual relationship.
(4). The assignment of claims of any kind is excluded.
§ 5 Performance, delivery conditions, delivery delay, acceptance delay
(1). We fulfill our performance obligations from the purchase contracts concluded with you by delivering the goods ex stock. § 447 para. 1 BGB applies to our sales contracts. After this, the risk passes to the buyer as soon as we have handed over the goods to the shipping company. We are entitled to partial deliveries, provided the partial delivery is reasonable for the buyer in individual cases.
(2) Our service obligation is limited to the delivery of goods to the shipping company or transport company on the stock of goods of the same type and the same description available in our warehouse. There is also no obligation to procure a purchase. In particular, there is no obligation to re-order the same goods with the supplier. The buyer bears the risk of accidental deterioration.
(3) The delivery of the freight mail is carried out during the week. If you wish to have a delivery address different from the invoice, please inform us as soon as you place your order. Please check at the reception whether the packages are undamaged and if you have received the correct products delivered in the correct number.
(4). The buyer has to inspect the goods immediately after delivery and to report any defects to the seller. If he fails to make the notification, the goods shall be deemed to be approved, unless the defect has not been identified. If a defect appears later, the notification must be made immediately after the discovery. Defects or damage must be acknowledged by the delivery agent. We are to be informed immediately of this. The provisions of § 377 Handelsgesetzbuch (HGB) apply.
(5). Certain delivery periods as well as binding delivery dates are not agreed.
(6). If the delivery is not made at the due date according to the above regulations, we shall be in default with the debt as soon as you have given us an unsuccessful notice.
(7). The lump sum default compensation is 0.5% of the invoice value of the default in performance for each completed week of delay, but not more than 5% in total. If the buyer is in default of acceptance or if the delivery is delayed for other reasons for which the purchaser is responsible, a delay compensation is not applicable.
(8th). In the case of returns due to refusal of acceptance, non-collection at the shipping company or transmission of incorrect shipping addresses, we are entitled to invoice the resulting costs and possibly new shipping costs plus 5% of the invoice value of the delivery as handling.
(9). For international purchases in our online shop the exclusion of the UN purchase right applies.
§ 6 Reservation of title
We reserve the title to the purchased item until the final and full payment is received from the delivery contract. They are obligated to handle the goods carefully, in particular to protect them from damage.
You are entitled to resell the purchase item in the ordinary course of business. However, you are already assigning to us all claims arising from resale on the basis of security.
§ 7 Warranty, liability, nature of goods, limitation of warranty rights (B2B)
(1). If the buyer has received defective goods from us, he is entitled within the framework of the statutory warranty provisions, Deficiency or new delivery. A purchase price reduction as well as compensation claims are excluded. The period of limitation for claims for defects shall be 3 months as of the transfer of risk.
(2). Minor or insignificant deviations with regard to color, material thickness and execution of the goods are reserved and do not lead to a deviation from the agreed upon condition. We do not accept any guarantee for the agreed upon nature of the goods within the meaning of § 443 BGB.
(3). We shall only be liable in cases where a legal representative or a vicarious agent is liable to us with intent or gross negligence.
(4). This offer and the descriptions and prices contained in it have been compiled and checked with the utmost care. Liability for possible printing errors, changes or for the continuity of all products is not accepted.
(5). The colors of the products shown on the Internet may differ from the original for various reasons (monitor settings, graphics card quality, etc.).
§ 8. Exclusion from the Right of Withdrawal
A right of revocation exists only in favor of consumers (§ 13 BGB). The right of revocation does not apply to entrepreneurs (§ 14 BGB) and in the conclusion of B2B transactions in general. This means that for you as an entrepreneur, you must consider every purchase in advance and thus leave no need for the right of revocation. So plan your purchases in the long term.
§ 9. Therapeutic Products Act
According to the international Heilmittelbetriebsgesetz, it is forbidden not to apply medically approved methods of healing with medical examinations. This relates to e.g. Acupuncture, homeopathy and also the effect of magnets. However, due to the freedom of the press, articles and books containing information on magnetic therapy are permitted. However, they must not be used as an advertising medium for magnetic jewelery.
§ 10. Trade mark TRINITIX for LIFE
The Contractor recognizes the exclusive copyright of TRINITIX for LIFE in general, as well as its trademark (applied for or granted) and its intellectual property if it is related to the company. It will also not take any steps to TRINITIX for LIFE. In any form.
§ 11. Data protection
(1). The data of our customers (name, address, method of payment, etc.) are used exclusively for the processing of the entered sales contracts and for the purpose of the customer information and stored electronically. In particular, the transfer of the customer data to third parties (for example, parcel services or credit institutions) takes place exclusively for the purpose of completing the contract. Once the above purpose for data storage has ceased, you have the right to retrieve, modify or delete the data stored on your behalf at any time. We observe all data protection requirements, in particular the requirements of the Teledienstedatenschutzgesetz (TDG). The customer agrees to the storage and transmission of his personal data within the above-described framework.
§ 12. Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS platform), which can be found at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer complaint office.
§ 13. Final provisions, applicable law, court jurisdiction, salvatory clause
(1). Amendments or additions to these Terms and Conditions must be made in writing. This also applies to the cancellation of this written form requirement.
(2.). The contracting parties are merchants within the meaning of the Handelsgesetzbuch or legal persons. German law applies. The exclusive place of jurisdiction and place of performance is Hamburg.
Liability / Revocation
Liability for material and manufacturing defects
Defective items with material and / or manufacturing defects are subject to statutory warranty.
The deadlines begin with the receipt of the goods and this instruction.
Please provide the receipt / purchase slip or a copy of the invoice and do not forget to enter your data completely.
The possibility of return is at the expense and risk of the business partner.
According to the General Terms and Conditions of Business (B2B) there is no right of revocation among the business partners. After payment of the order, this shall be deemed irrevocable.
3). Should one of the aforementioned provisions be or become void, the validity of the remaining provisions shall remain unaffected.