Terms and conditions

§1 General Provisions

1. This terms and conditions apply to all purchase contracts concluded by customers in the online shop or otherwise with us, Trostan ehf (Hrímnir), Háholt 14, 270 Mosfellsbæ, Iceland.
2. The offer of goods in our online shop is addressed exclusively to customers who have completed the age of 18.
3. Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies concerning the sale and/or delivery of movable goods without us having to refer to them again in individual cases; we shall inform the customer immediately of any changes to the General Terms and Conditions of Sale in this case.
4. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already objected to unless we have consented to them in writing. This requirement of consent shall apply in any case, for example even if we carry out the delivery to the customer unconditionally in knowledge of the customer’s General Terms and Conditions. Agreements made with the customer in individual cases (including ancillary agreements, supplements and amendments) always take precedence over these Terms and Conditions. A written contract or written confirmation from us shall be authoritative for the content of such agreements. Legally relevant declarations and notifications to be made to us by the customer after conclusion of the contract (e.g. setting of deadlines, reminders, declaration of withdrawal) must be in text form to be effective.
5. Our vicarious agents and our representatives are not authorised to make verbal supplementary agreements. Insofar as they nevertheless make verbal supplementary agreements or give assurances that go beyond the written purchase contract, these always require written confirmation from us in order to be effective.
6. Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs. A consumer is any natural person with whom a business relationship is entered into and who acts for a purpose that can be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural person or legal entity or partnership with legal capacity with whom a business relationship is entered into and who acts in the exercise of a commercial or independent professional activity (e.g. reseller with a trade licence).
7. Customers can access and print out the currently valid Terms and Conditions on the website. The text of the contract will be stored by us after the conclusion of the contract, but is not publicly accessible.
8. The contract language is German.
9. Customers have the option of using alternative online dispute resolution. The following link of the EU Commission (also called OS platform) contains information on online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online sales contracts: https://ec.europa.eu/consumers/odr.

§2 Conclusion of Contracts

1. The presentation of goods in the online shop at www.hrimnir.shop does not constitute a binding offer for the conclusion of a purchase contract. Rather, it is a non-binding invitation to submit an offer via the online shop (invitatio ad offerendum). Our offers are directed exclusively to customers in Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Faroe Islands, Finland, France, Germany, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovenia, Spain, Sweden, Switzerland, United Kingdom, United States
2. We reserve the property rights and copyrights to catalogues, documentation (e.g. drawings, plans, calculations), other product descriptions or documents - also in electronic form - which we have provided to the customer. Such documents are only entrusted to us for the purposes of the respective offer and may not be reproduced or made accessible to third parties, even in part, without our express consent. This applies in particular to such documents which are designated as “confidential”; the customer must obtain our express written consent before passing them on to third parties.
3. Unless expressly agreed otherwise, the documents belonging to the offer, such as illustrations, drawings, weights and dimensions, are only approximate. Product photos may contain other products which are not available for purchase or which fall under the purchase price of the named product.

4. The purchase contract is concluded in the online shop as follows:

   1. If the Customer has chosen the payment method “PayPal”, the purchase contract is concluded at the time of confirmation of the payment order to PayPal.
   2. If the Customer has chosen the payment method “credit card”, the contract is concluded at the time of the credit card debit.
   3. In all other cases, the purchase contract is concluded upon acceptance of the customer’s order by the seller. The seller is entitled to accept the offer that has been submitted in the form of the order within 3 (three) days by dispatching an order confirmation.

   Receipt of the order will be confirmed by email to the Customer.

5. Prior to submitting a binding order in the online shop by clicking the button “palce order”, the customer is able to continuously correct all inputs by means of the customary touch screen, keyboard and mouse functions. In addition, all inputs are displayed again in a confirmation window prior to the submission of the binding order can be corrected there again by means of the customary touch screen, keyboard and mouse functions.
6. Together with the confirmation of the conclusion of the contract, the Customer will receive the text of the contract as well as these Terms and Conditions and the information on the Right of Cancellation for Consumers.

§3 Prices

The prices stated on the product pages are final prices and include the statutory value added tax and other price components. They do not include the respective shipping and packaging costs. The amount of the shipping costs depends on the weight of the goods and the desired destination country. In the case of cross-border deliveries, the VAT included may not apply and other charges (e.g. customs duties) may be incurred. In individual cases, further taxes (e.g. in the case of an intra-Community purchase) may also be payable in the case of cross-border deliveries.

§4 Terms of Payment, Delays

1. Goods are always dispatched by us after advance payment by the customer. Unless otherwise agreed individually, payment of the purchase price shall be made immediately after order confirmation, either by credit card, PayPal or direct debit.
2. If payment is made by credit card, the purchase price will be reserved on your credit card at the time of the order (“authorisation”). The actual charge to your credit card account will be made at the time we ship the goods to you.
3. In case of payment by direct debit, the customer shall bear any costs incurred as a result of a chargeback of a payment transaction due to a lack of funds in the account or due to incorrect bank details provided by you.
4. If the Customer has chosen the payment method “PayPal”, the payment transaction is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A. The terms of use of PayPal (Europe) S.à r.l. & Cie, S.C.A (https://www.paypal.com/de/webapps/mpp/ua/useragreement-full) apply.
5. Payment shall be due no later than 1 week after conclusion of the contract.
6. If the customer, who is an entrepreneur, is in default of payment, we shall be entitled to default interest in the amount of 9 percentage points above the base interest rate. Pursuant to sec. 288 para. 5 BGB (German Civil Code), the customer shall be obliged to reimburse us for reminder charges in the amount of a flat rate of € 40.00; these shall be offset against any costs of legal action. We reserve the right to claim further damage caused by default.
7. If a customer who is a consumer defaults on his payment obligations, we may claim damages in accordance with the statutory provisions.
8. The customer shall bear all costs for return deliveries that were not caused by a defective delivery by us.
9. We shall always issue the customer with an invoice, which shall be handed over to the customer upon delivery or collection of the goods or otherwise received in text form.

§5 Terms of Delivery, Transfer of Risk, Retention of Title

1. Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you. We reserve the right to make a partial delivery, provided that this appears advantageous for a speedy processing and the partial delivery is not exceptionally unreasonable for the customer. In the case of partial deliveries, the shipping costs shall of course only be incurred once.
2. The delivery time is 1-2 working days within Germany and 3-6 working days to other countries (varies for different destinations). Compliance with the deadline by us requires the fulfilment of the contractual obligations (in particular payment) by the customer.
3. Delivery deadlines given by us to entrepreneurs are only non-binding information, even if given in writing. The expiry of certain delivery deadlines does not release the customer from the obligation to set a reasonable period of extension for the performance of the service as well as the declaration that he will reject the service after the expiry of the period. This shall not apply insofar as we have expressly designated a deadline or date in writing as a so-called “binding delivery date”.
4. We reserve the right to release ourselves from the obligation to fulfil the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is not made in whole or in part. This reservation of self-delivery shall only apply if we are not responsible for the failure to deliver. We shall not be responsible for the non-delivery if a so-called congruent hedging transaction was concluded with the supplier in good time in order to fulfil the contractual obligations. If the goods are not delivered, we will immediately inform the customer of this circumstance and refund any purchase price and shipping costs already paid.
5. If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service), we shall inform the customer of this without delay and at the same time notify the customer of the expected new delivery deadline. If the service is also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; we shall immediately refund any consideration already paid by the customer. The customer’s right of withdrawal shall also remain unaffected.
6. The occurrence of a delay in delivery by us shall be determined in accordance with the statutory provisions. In any case, however, a reminder by the customer is required.
7. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.
8. If delivery is delayed due to circumstances for which the customer is responsible, the risk shall pass to the customer from the date of readiness for dispatch, but we shall be obliged, at the customer’s request and expense, to arrange the insurance that the customer requires.
9. If the customer does not specify the mode of delivery, we are entitled to choose the mode and route of dispatch at our own discretion, without having to choose the cheapest mode of delivery.
10. We retain retention of title until the purchase price has been paid in full. The following provisions apply only in commercial transactions: The customer may neither pledge the delivery item nor assign it as security. In the event of seizure or confiscation or other dispositions by third parties, the customer must notify us immediately.
11. In the event of conduct by the customer in breach of contract, in particular in the event of non-payment of the purchase price due, we shall be entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods on the basis of the retention of title and withdrawal. If the customer does not pay the due purchase price, we may only assert these rights if we have previously set the customer a reasonable deadline for payment without success or if setting such a deadline is dispensable according to the statutory provisions.

12. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business provided that the claims from the resale are transferred to us as follows:

    1. The customer already now assigns to us up to the amount of the purchase price claim all claims with all ancillary rights which accrue to him from the resale against the customer or against third parties.
    2. The customer is authorised to enforce this claim even after the assignment. Our authority to enforce the claims ourselves remains unaffected by this; however, we undertake not to collect the claims as long as the customer meets his payment obligations.
    3. We may demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtor of the assignment.
    4. In any case, the aforementioned securities shall automatically expire as soon as their value exceeds the claims to be secured by more than 10%.

§6 Consumer’s Right of Exchange

1. A customer from EU, who is a consumer, has once within 14 days from delivery of the goods, the right to exchange the goods for another size or colour or for another product. If the desired product is sold out, the customer will be contacted by us and can either choose another size or colour or product or get his money back when the returned goods have arrived back to us.
2. In the event of an exchange acc. to para. 1, we will bear the costs of the return shipment once per order. If the customer wish to exchange the goods again afterwards, he/she must pay the shipping costs then incurred. If the customer have purchased the goods from us at a trade fair stand, an exchange can only be made upon presentation of the receipt by email.
3. Consumers from other countries are also entitled to the right of exchange as described in para.1. However, these customers always bear the cost of returning the goods.
4. The consumer’s right of cancellation remains unaffected by the right of exchange.

§7 Transport Damages

1. If goods are delivered with obvious transport damage, the customer should immediately complain about such defects to the delivery company and contact us as soon as possible.
2. Failure to make a complaint or contact us has no consequences for the customer’s statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

§8 Offsetting/ Right of Retention

The customer shall only be entitled to set-off or retention if his counterclaim has been legally established and is not disputed or acknowledged by us. In the event of defects in the delivery, the customer’s counter rights shall remain unaffected, in particular his right to retain an appropriate part of the purchase price in relation to the defect.

§9 Warranty

1. Unless otherwise agreed below, the customer’s warranty claims shall be governed by the statutory provisions. In commercial transactions, the special statutory provisions remain unaffected in the case of final delivery of the goods to a consumer (supplier recourse pursuant to sec. 478, 479 BGB).
2. The basis of our liability for defects is above all the agreement reached on the quality of the goods. The product descriptions designated as such, which were provided to the customer before acceptance of the offer or were included in the contract in the same way as these Terms and Conditions, shall be deemed to be an agreement on the quality of the goods.
3. The claims for defects of the customer, who is an entrepreneur, presuppose that he has complied with the statutory duties of examination and notification of defects (sec. 377, 381 HGB (German Commercial Code)). If a defect becomes apparent during the inspection or later, we must be notified of this in writing without delay. The notification shall be deemed to have been made without delay if it is made within 7 days, whereby the timely dispatch of the notification shall suffice to meet the dead¬line. Irrespective of this obligation to inspect and give notice of defects, the customer shall notify us in writing of obvious defects (including incorrect and short deliveries) within two weeks of delivery, whereby timely dispatch of the notification shall also suffice to meet the deadline. If the customer fails to carry out the proper inspection and/or give notice of defects, our liability for the non-notified defect is excluded.
4. In the event of justified and timely notification of defects, we shall remedy the defects by way of subsequent performance pursuant to sec. 439 BGB by means of subsequent delivery or rectification of defects. We shall not be obliged to remedy defects if the goods are tampered with or modified without our consent, unless the customer proves that the defect was not caused by such tampering or modification. In the event of refusal of subsequent performance, its failure or its unreasonableness for the customer, the customer shall be entitled to withdraw from the contract or to reduce the purchase price. In the case of an insignificant defect, there is no right of withdrawal. Claims of the customer for damages or reimbursement of futile expenses exist only in accordance with clause 9 and are otherwise excluded.
5. In the event of fraudulent concealment of a defect or the assumption of a guarantee for the quality of the object of purchase at the time of the transfer of risk within the meaning of sec. 443 BGB (our declaration that the object of purchase has a certain quality at the time of the transfer of risk and that we intend to assume liability for all consequences of the defect irrespective of fault), the rights of the customer shall be governed exclusively by the statutory provisions.

§10 Liability

1. Over and above the liability for material defects and defects of title, we shall be liable without limitation, if the damage has been caused intentionally or by gross negligence. We shall also be liable for negligent violation of material contractual obligations (obligations whose violation jeopardises the attainment of the purpose of the contract) as well as for the violation of essential obligations (“Kardinalpflichten“) (obligations, whose performance will enable the due and proper performance of the contract in the first place and on whose performance the Customer as a rule relies), in each case however only for the foreseeable damage that is typical for this type of contract. We shall not be liable for the negligent violation of obligations other than those mentioned above.
2. The limitations of liability specified in the preceding paragraph do not apply in the case of death, bodily injury or damage to health, any deficiency occurring after the assumption of warranty for the characteristics of the product and in the case of defects that have been fraudulently concealed. Liability in accordance with the German Product Liability Act (“Produkthaftungsgesetz”) shall remain unaffected.
3. If liability of us is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.
4. All claims must be asserted against us by the customer, who is a consumer, within two years in the case of new items or within one year in the case of used items. If the customer is an entrepreneur, the warranty period for new items is one year. In the case of used goods, the warranty against entrepreneurs is excluded. The provisions of this paragraph shall not apply - and the statutory provisions shall then apply - in the event of liability for intent and in the cases referred to in para. 2. Any shorter statutory limitation periods shall take precedence.
5. If the end customer of the goods is a consumer, the statutory provisions shall apply to the limitation of any right of recourse the customer may have against us.
6. We are not liable for links on our websites that refer to other websites on the Internet. For these links, we have no influence on the design and content of the linked websites. Therefore, we hereby expressly distance ourselves from all contents of linked third-party websites on our website www.hrimnir.shop and do not adopt these contents as our own. This declaration applies to all displayed links and contents of the websites to which links lead.
7. We reserve the right to make mistakes and misprints on the website.

§11 Image and Copyright and Property Rights

1. All image rights on our website belong to Trostan ehf. Use without express permission is not permitted. We reserve the right to take legal action in the event of unauthorised use of our images.
2. The content of our website www.hrimnir.shop is the property of our company Trostan ehf and is protected by copyright. Any content on this website may be saved or printed exclusively for personal use and for non-commercial purposes. Portions of the content may be reproduced for non-commercial purposes only, provided that our written permission is obtained in advance and that copyright and proprietary notices are included in all reproductions of these documents. Any other modification, repro¬duction, copying or use of any content of this website is prohibited without the written consent of the copyright owner. Misuse will be prosecuted under copyright law.
3. We reserve the intellectual property rights and copyrights to all delivered products, packaging, illustrations and other documents. The customer may only use such documents with our prior express written consent without acquiring any independent rights to the advertising material.
4. The customer undertakes not to infringe any third-party industrial property rights (patents, licences, trademarks, etc.) when reselling the goods purchased from us.

§12 Data Protection

1. The customer is aware of and consents to the fact that the personal data required to process the order will be stored by us. The customer expressly consents to the collection, processing and use of his personal data. The stored personal data will of course be treated confidentially by us. The collection, processing and use of the customer’s personal data shall be carried out in compliance with the statutory provisions and the data protection declaration.
2. The customer has the right to revoke his consent at any time with effect for the future. In this case, we are obliged to delete the customer’s personal data immediately. In the case of ongoing contractual relationships, the deletion shall take place after the conclusion of the contract.

§13 Final provisions

1. Should one or more provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
2. Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
3. The place of performance and the place of jurisdiction for deliveries and payments, as well as for all disputes arising between the parties from the contracts concluded between them, shall be our registered office in Mosfellsbær, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. The same shall apply if a customer has no general place of jurisdiction in Germany or if the customer’s place of residence or habitual abode is unknown at the time the action is brought. We are also entitled to sue the customer at his place of business.