Terms of service

Terms & Conditions

1. General Provisions

These General Terms and Conditions ("T&C") shall be the basis for all contracts made by [The Trading Pit GmbH], registered with the Liechtenstein Commercial Register under the company number [FL-0002.693.417-1], with its registered address at c/o Fundationsanstalt, Heiligkreuz 6, 9490 Liechtenstein (the "Seller", or "The Trading Pit Shop") with customers (the "Buyer", or the "Customer") via the online sales channel of the Seller's website shop.thetradingpit.com ("E‑Shop").

1. Contact Details

Name: The Trading Pit

Address: Heiligkreuz 6, 9490 Liechtenstein

Email: eshop@thetradingpit.com

1. General information
   • The information pertaining to the goods and the quoted prices by the Seller shall remain valid for the duration they are displayed in the E-Shop, subject to the exclusion of obvious errors.

• The Buyer's general business terms and conditions shall not apply, even if they have not been expressly refuted.

• The photographs provided in the E-Shop are for illustrative purposes only, and actual goods may vary in appearance.

1. CONCLUSION OF CONTRACT OF SALE
   • Contracts shall be made in English language. The offering of goods in the E-Shop shall not constitute a binding offer to make a contract. These offers shall merely invite the Customer to make a binding declaration of what, if any, goods he wishes to order (invitatio ad offerendum). The Customer's order shall constitute a binding offer to make a contract of sale for the goods that have been ordered by the Customer. The contract shall be concluded when the Seller accepts the order of the Customer.

• In particular, the Seller shall be entitled to check first whether it is possible to deliver the goods that have been ordered by the Customer. The Seller may express explicit acceptance in text form (e.g. by sending acceptance of the contract by e-mail), or implicitly through the fact that the Seller dispatches the goods. A mere acknowledgement of receipt of the Customer's order by the Seller does not constitute acceptance of an order. Once the contract has been made, the Seller will not store the contract in a form that is accessible to the Buyer.

• The Buyer agrees to receiving invoices in electronic form via e-mail. A paper invoice may be enclosed to a delivery.

1. PRICES AND Payment
   • All prices are in Euro and include VAT at the applicable statutory rate. The shipping costs shall be added.

• Prices and all elements included in the price, e.g. postage and packing, supplements, or tax ("Payment") for each order shall be displayed to the Customer in the E-Shop before the order is placed.

• Possible payment methods shall be displayed to the Customer in the E-Shop. If a credit card payment, credit transfer or direct debit is unpaid, revoked, or returned, the bank charges thereby incurred by Seller shall be borne by the Buyer.

• For discounts or discounted products or free products (e.g. gifts) that are granted if minimum order values have been reached, the following shall apply in case of returns or withdrawal of the purchase order:

1. the granted discounts shall be void if a return reduces the minimum order value; or
2. if a return causes the price to fall below the minimum order value, discounted products or free products must either be returned as well, or the Buyer can keep the discounted products or free products by purchasing it for the regular sales price when concluding the purchase contract.

1. Delivery
   • The Trading Pit Shop shall make no delivery until Payment has been received or shall make delivery concurrently against Payment.

• The delivery time is approximately 10 (ten) business days (for shipping within Europe) from the receipt of Payment, up to, but not exceeding 30 (thirty) business days after receipt of Payment.

• Should damage to the shipment occur, the Seller recommends to the Buyer to immediately register a damage report with the carrier.

1. REVOCATION INSTRUCTIONS AND FROM
   • If the Buyer is a consumer, the Buyer has a revocation right in the cases provided for by law to which the following applies:

• The Buyer is entitled to withdraw from a contract with the Seller within fourteen (14) days without giving any reason.

• The deadline for withdrawal is fourteen (14) days from the date on which the Buyer or a third-party designated by the Buyer who is not the carrier takes possession of the goods. If goods are delivered in several part consignments or items, the aforementioned deadline of fourteen (14) days commences on the date on which the Buyer or a third-party designated by the Buyer who is not the carrier takes possession of the final part consignment or last item.

• To exercise the revocation right, the Buyer must send the Seller (The Trading Pit Shop, address: Heiligkreuz 6, 9490 Liechtenstein, email: eshop@thetradingpit.coman unequivocal statement (e.g. a letter sent by regular mail or an e-mail) expressing the Buyer's decision to withdraw from a contract.

• The deadline for withdrawal shall be deemed complied with if the Buyer sends notification expressing the decision to exercise the revocation right before expiry of the deadline for withdrawal (timely posting is sufficient to meet the deadline).

• If the Buyer withdraws from a contract with the Seller, the Seller must refund all payments received from the Buyer, including the delivery costs (except for any additional costs that arose because the Buyer chose a delivery method other than the most economical standard delivery method offered by the Seller), without undue delay and at the latest within fourteen (14) days from the date on which the Seller received notification regarding the Buyer's withdrawal from a contract. For this refund, the Seller will use the same method of payment as used by the Buyer in the original transaction, unless expressly agreed otherwise. In no case will Seller charge any fees for refunding the Payment. The Seller may refuse to refund the Payment until the Seller has received the returned goods in total or until the Buyer has submitted proof of returning the goods, whichever event occurs first.

• The Buyer must return or deliver the goods to

Name: The Trading Pit

Address: Heiligkreuz 6, 9490 Liechtenstein

Email: eshop@thetradingpit.com

without undue delay and in any case at the latest within fourteen (14) days of the date on which the Buyer notifies the Seller of the withdrawal from a contract. The return period shall be deemed complied with if the Buyer dispatches the goods before the 14-day period expires.

• The costs associated with the return of the goods to the Seller shall be borne by the Buyer, even if given their nature, the goods cannot be returned by ordinary mail.

• If the returned goods are damaged, the Seller is entitled to require compensation by the Buyer for the reduction of the value of goods and to lower the return payment to the Buyer by this compensation cost.

1. Warranty / Liability
   • The liability of the Seller is as provided for in statutory warranty regulations and in any other warranties which may have been granted by the Seller. Notwithstanding the generality of the immediately preceding sentence, damage claims or reimbursement of expenses claims are subject to the following clauses.

• The Seller shall be liable for simple negligence only if there is a breach of cardinal obligations. Cardinal obligations are material contractual obligations, a breach of which endangers the purpose of the contract and compliance with which the contractual partner is normally entitled to expect. In the event of a simple negligent breach of cardinal contractual obligations, the Seller's liability shall be limited to compensating the typical damage that was foreseeable by the Seller when the contract was entered into. In all other respects, the Seller is not liable for simple negligence.

• The provisions of clause 8.2 above shall not apply to claims for

• loss of life, personal injury and/or impaired health;
• malicious concealment of a shortcoming;
• the absence of a quality for which the Seller has provided an explicit warranty;
• deliberate misconduct or gross negligence on the part of the Seller, its statutory representatives, its employees, or vicarious agents; and/or
• product liability under applicable law.

These exceptions shall remain subject to statutory regulations.

1. Reservation of Title

Until Payment has been made, the goods shall remain the property of the Seller. If Payment is made by means of a payment order to a bank or financial institution, full Payment is deemed to be made upon the unconditional, non-returnable amount has been credited to the account of the Seller.

1. Rights to Set Off and Retention Rights
   • The Buyer's right to offset shall apply only to undisputed or legally established receivables.

• The Buyer's right of retention shall be exercised only with regard to receivables arising from the same legal relationship.

1. Amendments and additions

Any provision of these T&C may be amended or modified from time to time by the Seller at its sole discretion. Such amendments shall become effective immediately upon posting on the E-Shop.

1. APPLICABLE LAW AND DISPUTE RESOLUTION

For all disputes arising from or in connection with a contract between the Seller and a Customer, the law of the Principality of Liechtenstein shall apply under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions limiting the choice of law and, in particular, the application of statutory laws of the country, in which the Buyer as a consumer has its habitual residence, remain unaffected.

1. Final provisions
   • If any provision of this T&C or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and it shall in no way affect or prejudice the enforceability of the remainder of such provision or the other provisions of this T&C. The Seller and the Buyer agree to substitute any void, illegal, or unenforceable provision with a valid, legal, or enforceable provision that closely mirrors the economic impact of the originally void, illegal, or unenforceable provision and – in case of a Buyer that is consumer – complies with applicable consumer law. The same applies in the case of omissions.