§ 1 Inclusion of general terms and conditions
1.1 In the contractual relationship between Tradico AG (hereinafter "Tradico") and the customer, only the general terms and conditions used here apply in their current version valid at the time of the invoice confirmation.
1.2 The general terms and conditions apply to the customer for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer’s general terms and conditions that contradict Tradico’s general terms and conditions is already contradicted.
§ 2 Contractual partner
2.1 Tradico only offers goods and services to businesses (not consumers).
2.2 Businesses is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity, as well as freelancers, authorities, public bodies and associations.
2.3 Natural persons who act as businesses must be over the age of 18.
2.4 Should Tradico become aware after the conclusion of the contract that the customer is not a business but a consumer, Tradico can declare the withdrawal from the contract within a reasonable period.
§ 3 Conclusion of contract
3.1 A precondition for any pre-financing is the conclusion of a contract. This is signed by both the customer and Tradico.
3.2 After conclusion of the written contract, the customer can trigger pre-financing. To do this, the supplier must issue an invoice to Tradico and send it to Tradico. This can be done in three ways: by post, by email or on the my.tradi.co platform.
3.3 The customer must submit corresponding delivery documents for the respective invoices. This can be the delivery note, for example. It must be clearly recognizable for Tradico that the ownership of the goods to be pre-financed has passed to the customer. Furthermore, the customer has to confirm that the goods are in perfect condition.
3.4 Tradico checks the respective documents. A contract is only concluded between Tradico and the customer for pre-financing of the respective goods if Tradico has checked the documents and agreed to pre-financing. This is based on the contracts agreed in writing between the customer and Tradico.
§ 4 Choice of law
4. The law of the Federal Republic of Germany applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
§ 5 Electronic communication, responsibility for access data
5.1 The customer agrees that the contract-related communication can be done by email, unless mandatory legal regulations require another form of communication.
5.2 The user of an e-mail that is not provided with the electronic signature must have the content of the declaration presented as correct and, in the event of a legal dispute, waives the objection that the declaration was not made by him with the relevant content to the addressees specified in the declaration at the time specified in the declaration.
5.3 The customer is responsible for ensuring the confidentiality of his access data for the Tradico account.
5.4 The customer agrees to be responsible for all activities that are carried out via his Tradico account, unless he has taken all necessary and reasonable steps for a proper merchant to ensure that the access data for the Tradico account kept secret and kept safe.
5.5 The customer must inform Tradico immediately if there is a suspicion that an unauthorized third party has gained knowledge of the access data or has used the access data unauthorized or this is to be expected.
§ 6 Place of jurisdiction
6.1 Munich is the exclusive place of jurisdiction for all disputes arising from the contractual relationship, as well as about their establishment and effectiveness, if the customer is a businessman, a legal entity under public law or a special fund under public law.
6.2 Irrespective of the above regulation, Tradico is entitled to sue at any legally permissible general place of jurisdiction.
§ 7 Changes in the Terms and Conditions
7.1 Tradico reserves the right to change these general terms and conditions with future effect.
7.2 Reasonable changes to non-essential elements of these general terms and conditions will be communicated to the customer in writing or in text form. The changes are considered approved if the customer does not object to them in writing or in text form. Tradico will specifically point out this consequence in the notification letter. The objection must be received within six weeks of receiving the notification. If the customer objects to a change, Tradico can refrain from continuing the contractual relationship.