Legal Notice
Information pursuant to § 5 of the German Telemedia Act (TMG)
Tradewell GmbH1 Kanzleistrasse95444 Bayreuth
Contact
Phone: 0049 921 50750588Email: info@tradewellgmbh.com
VAT identification number
VAT identification number according to § 27 a Value Added Tax Act: DE311749704
EU dispute resolution
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr.You can find our email address at the top of the imprint.
Consumer dispute resolution/universal arbitration board
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Liability for content
As a service provider, we are responsible for our own content on these pages in accordance with § 7 Para.1 TMG according to general laws. However, as a service provider, we are not obligated to monitor transmitted or stored foreign information or to investigate circumstances that indicate illegal activity in accordance with §§ 8 to 10 TMG.
Liability for links
Our offer contains links to third-party websites over whose content we have no influence. Therefore, we cannot accept any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. No illegal content was discernible at the time of linking.
copyright
The content and works created by the site operators on these pages are subject to German copyright law. The reproduction, editing, distribution, and any kind of exploitation beyond the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use.
9. LIMITATION OF LIABILITY
In the case of slight negligence, Tradewell liability, including that of its employees, workers, staff members, representatives, or in general any person employed by Tradewell in performance of its obligations including any other person entrusted with covenants and duties which relate to the business relationship with Purchaser, shall be limited to product-specific foreseeable, typical, direct and immediate losses or damages. Tradewell shall further not be liable for any breach of non-essential obligations under the relevant contract due to slight negligence. Any liability for consequential damages is excluded.
The above shall not impair Tradewell liability under mandatory applicable laws which require Tradewell to accept extended liability or responsibility. Neither shall the above apply for personal injuries or loss of life of Purchaser which are attributable to culpable acts or omissions by Tradewell.
Purchaser’s claims for damages based on the defectiveness of Contractual Goods shall be statute-barred one (1) years after delivery of the concerned Goods. The foregoing shall not apply in case of gross negligence on Tradewell part or in the event of personal injuries or loss of life of Purchaser which are attributable to culpable acts or omissions by Tradewell.
Tradewell shall by no means be liable for materials, component parts, active ingredients, prescriptions, recipes and compounds, representations and warranties, freight specifications or manufacturing instructions provided by or obtained from Purchaser, unless expressly agreed upon otherwise in writing. Tradewell shall not be obliged to examine the foregoing items with regard to their conformity with product liability laws and/or any other mandatory applicable legal provisions. Purchaser shall fully indemnify and otherwise hold Tradewell harmless against any and all claims raised by third parties in this respect against Tradewell, including any losses, claims for injury and damage, costs and expenses or legal fees.
10. PRODUCT LIABILITY
Tradewell incurs product liability pursuant to the product liability laws and/or any other mandatory applicable legal provisions. Tradewell disclaims any other kind of liability for damages or injury caused by a defective product. Purchaser shall, without undue delay, notify Tradewell if a third party asserts a claim for product liability towards Purchaser. If a third party brings an action against Tradewell for product liability, Purchaser accepts to join as a third party to the case or to be sued before the court or arbitration tribunal trying the case. If Tradewell incurs product liability to any third party, Purchaser shall indemnify Tradewell to the same extent as the extent, to which Tradewell’s liability is disclaimed or limited pursuant to these general terms of sale and delivery or the sales contract.
11. FORCE MAJEURE
Tradewell shall not be liable to Purchaser where the following circumstances occur after the signing of the sales contract and prevent or delay the performance of the sales contract: war and mobilization, insurrection and civil commotion, natural disaster, strikes and lockouts, blockades, shortage of goods and defects or delays in deliveries by sub-suppliers, production and delivery difficulties, embargo, fire, shortage of transport, exchange control regulations, import and export restrictions, death, disease or the resignation of key persons, computer viruses or other circumstances beyond the direct control of Tradewell. In this case, Tradewell may postpone delivery, until such circumstance has ceased or, alternatively, cancel the order or rescind the sales contract in whole or in part without incurring liability. If Purchaser is affected by force majeure, Tradewell may distribute the products through a third party for the duration of the barrier.
12. APPLICABLE LAW AND VENUE
The contractual relations between Tradewell and Purchaser, including all past and future legal relationships, shall be governed exclusively by the laws of Germany to the exclusion of all conflict of law alternatives and the terms of the CISG (UN Convention on Contracts for the International Sale of Goods).
The exclusive place of venue for all legal disputes with buyers who have their administrative headquarters or a branch within the European Union, Switzerland or the United Kingdom arising directly or indirectly from contractual relationships shall be Bayreuth, Germany. For Buyers who do not have their administrative headquarters or a branch office within the European Union, Switzerland or the United Kingdom, all disputes arising out of or in connection with the business relationship, including the formation, validity or termination of the contract, shall be finally settled by the International Chamber of Commerce (ICC) to the exclusion of the ordinary courts of law. The arbitral tribunal shall also decide on the validity of this arbitration agreement. The arbitral tribunal shall consist of one arbitrator. The place of arbitration shall be Munich. The language of arbitration shall be German.
The exclusive place of performance for all obligations, covenants and deliveries for both Parties hereto shall be the head office Tradewell, as far as allowed under applicable mandatory statutory laws.
The contractual language is German only. Insofar as translations are available, these are for information purposes only. In the event of discrepancies, the German version shall prevail.
Should any provisions of these General Terms and Conditions of Sale and Delivery and of the further agreements made be or become invalid, this shall not affect the validity of the remaining provisions. In this case the Parties undertake to agree a legally permissible provision which corresponds to or comes closest to the desired commercial effect. This also applies to the filling of omissions.
