General Terms and Conditions (GTC) of TRIKON GmbH for B2B Sales in the Online Shop

General Terms and Conditions (GTC) of TRIKON GmbH for B2B Sales in the Online Shop

§ 1 Scope and Contract Principles

1. These General Terms and Conditions (GTC) apply to all contracts concluded between TRIKON Ltd, Via Enrico Fermi 18 - 39100 Bolzano - ITALY, IT02864020215, (hereinafter referred to as the "Seller") and companies (hereinafter referred to as the "Buyer") via the Seller's online shop.
2. These GTC apply exclusively to B2B transactions (Business-to-Business) in accordance with Article 2, Paragraph 1 of EU Directive 2011/83/EU.
3. The Buyer’s conflicting or deviating terms shall only become part of the contract if the Seller has expressly agreed to them in writing.

§ 2 Conclusion of Contract

1. The products presented in the online shop constitute a non-binding invitation to submit a purchase offer.
2. The Buyer submits a legally binding offer by placing an order. The contract is only concluded upon the Seller’s explicit order confirmation or by dispatch of the goods.
3. All contracts are stored electronically, and the Buyer will receive confirmation via email after the contract has been concluded.

§ 3 Prices and Payment Terms

1. All prices stated are net prices and are subject to applicable VAT (if applicable) and any additional shipping costs.
2. Payments can be made by advance bank transfer, credit card, PayPal, or invoice (subject to prior approval).
3. Invoices must be paid within 14 days from the invoice date without deductions, unless otherwise agreed.

§ 4 Delivery and Shipping

1. Delivery is made within the EU to the address specified by the Buyer within the delivery time stated in the offer.
2. The Seller reserves the right to make partial deliveries if these are reasonable for the Buyer.
3. The risk of accidental loss or deterioration of the goods passes to the Buyer or the carrier upon delivery, in accordance with Article 20 of EU Directive 2011/83/EU.

§ 5 Retention of Title

1. The delivered goods remain the property of the Seller until full payment has been made, in accordance with Article 9 of EU Directive 2011/83/EU.
2. The Buyer is entitled to resell the goods in the ordinary course of business but hereby assigns all resulting claims to the Seller.

§ 6 Warranty and Liability

1. The warranty is governed by the provisions of EU Directive 1999/44/EC and the national regulations applicable at the Seller's place of business.
2. The Buyer is obliged to inspect the goods immediately upon receipt and to report any defects in writing within 8 days.
3. Claims for damages are excluded unless caused by willful misconduct or gross negligence on the part of the Seller or its agents.

§ 7 Exclusion of the Right of Withdrawal for B2B Sales within the EU

1. Sales via the TRIKON GmbH online shop are intended exclusively for business entities.
2. Business entities are not entitled to a statutory right of withdrawal. Cancellation or returns are only possible upon individual agreement. The right of withdrawal for consumers, as per Article 16 of EU Directive 2011/83/EU, does not apply to B2B transactions.

§ 8 Data Protection

1. The Seller processes the Buyer’s personal data exclusively for order fulfillment and in accordance with the General Data Protection Regulation (GDPR – Regulation (EU) 2016/679).
2. Further information on data processing is contained in the Seller’s privacy policy.

§ 9 Confidentiality

1. Both parties undertake to keep all confidential information received in the course of the business relationship confidential, including business, technical, economic, or other non-publicly available information, and not to disclose it to third parties without prior written consent from the respective party.
2. The obligation of confidentiality does not apply to information that:
   • is already publicly known or subsequently becomes publicly known without violating this agreement,
   • was demonstrably known to the recipient before disclosure by the other party,
   • was lawfully obtained from third parties without any obligation of confidentiality,
   • must be disclosed due to legal requirements or official orders.
3. The Buyer expressly agrees not to disclose, distribute, or otherwise make available to third parties the prices stated in the Seller’s online shop or offers, unless explicitly authorized in writing by the Seller.
4. This confidentiality obligation remains in force for a period of two years after the termination of the business relationship.

§ 10 Applicable Law and Jurisdiction

1. The law of the European Union and the national law applicable at the Seller's place of business shall apply.The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
2. The place of jurisdiction for all disputes is the registered office of TRIKON GmbH in Italy, unless otherwise provided by law or agreed between the parties (Article 25 of EU Regulation No. 1215/2012).