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GTC - General Terms and Conditions of Business of Reiner Kartengeräte GmbH & Co.KG

 

Contents
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1. Validity
2. Conclusion of contract
3. Right of cancellation
4. Prices, terms of payment and combination of actions
5. Terms of delivery and dispatch
6. Retention of title
7. Warranty
8. Liability
9. Applicable law
10. Place of jurisdiction

 

1.

Validity

1.1.

These general terms and conditions (hereinafter referred to as "GTC") of REINER Kartengeräte GmbH & Co. KG (hereinafter referred to as the "seller") apply for all contracts which a consumer or company (hereinafter referred to as "customer") concludes with the seller regarding the goods and/or services offered by the seller in their online shop. These overrule the customer’s own terms and conditions unless agreed otherwise.

1.2.

For software products, the licence conditions which can be viewed for the respective software product in the online shop apply additionally. The rulings of the licence conditions shall apply in the event of a contradiction between the licence conditions and these general terms and conditions.

1.3.

A consumer in the sense of these GTC is every natural person who concludes a legal transaction for purposes which can be mainly ascribed neither to their commercial nor their independent vocational activity. A company in the sense of these GTC is a natural and legal person or legally responsible partnership who acts in pursuance of their commercial or independent vocational activity for the conclusion of a legal transaction.

   
2.

Conclusion of contract

2.1.

The product descriptions that appear in the seller’s online shop do not represent binding offers on the part of the seller but serve for the customer to submit a binding offer.

2.2.

The customer can submit the offer by means of the online order form integrated into the seller’s online shop. Hereby, the customer, after placing the selected goods and/or services in the virtual shopping cart and running through the electronic order process, submits a legally binding offer for the goods and/or services contained in the shopping cart by clicking on the button to terminate the order process. The customer can also make the offer to the seller by e-mail, fax or telephone.

2.3.

The seller can accept the customer’s offer within five days

  • by sending the customer a written order confirmation or a confirmation in text form (fax or e-mail), whereby in this respect the receipt of the order confirmation by the customer is significant or
  • by delivering the ordered goods to the customer, whereby in this respect the receipt of the goods by the customer is significant or
  • by demanding payment by the customer after submitting their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives first occurs. If the seller does not accept the customer’s offer within the aforementioned period of time, this will be considered as a rejection of the offer with the result that the customer is no longer bound by their declaration of intent.

2.4.

The period of time for acceptance of the offer begins on the day on which the customer sends the offer and ends upon expiry of the fifth day following the sending of the offer.

2.5.

When the seller’s online order form is used to make an offer, the contract text will be stored by the seller and sent to the customer together with these GTC in text form (e.g. e-mail, fax or letter) after they have sent their order. However, the customer can no longer access the contract text via the seller’s website after sending their order.

2.6.

The customer can correct their entries continuously with the usual keyboard and mouse functions before bindingly submitting this order with the seller’s online order form. In addition, all entries are displayed again in a confirmation window before binding submission of the order and can be also be corrected there with the usual keyboard and mouse functions.

2.7.

Contracts are concluded exclusively in the German language.

2.8.

Orders are usually handled and contacts made by e-mail and automatic order handling. The customer must ensure that the e-mail address that they have given for handling the order is appropriate so that the e-mails sent by the seller can be received at this address. In particular, the customer must ensure, by using SPAM filters, that all the e-mails sent by the seller or a third party contracted for order handling by the seller can be delivered.

   
3.

Right of cancellation

3.1

Consumers have a categorical right of cancellation.

3.2

Further information about the right of cancellation is given in the seller’s cancellation policy.

   
4.

Prices, terms of payment and combination of actions

4.1.

Unless specified otherwise in the seller’s product description, the specified prices are total prices including the legal value added tax. Any additional delivery and dispatch costs that may occur are specified separately in the respective product description.

4.2.

Additional costs may be due in individual cases for deliveries to countries outside of the European Union for which the seller is not responsible and which must be paid by the customer. These include, for example, costs for money transfer by banks (e.g. transfer fees, exchange fees) or legal import fees or taxes (e.g. customs duties). Such costs can occur with regard to the money transfer if the delivery is not made to a country outside of the European Union but payment is made from a country outside of the European Union.

4.3.

The customer has different payment possibilities that are specified in the seller’s online shop.

4.4.

If advance payment is agreed, then payment is due immediately after conclusion of contract.

4.5.

If the SEPA direct debit payment type is chosen, the invoice amount is due after issuing a SEPA direct debit mandate, but not before expiry of the deadline for pre-notification. The direct debit will be effected when the ordered goods leave the seller’s warehouse but not before expiry of the deadline for pre-notification. Pre-notification is every means of communication (e.g. invoice, policy, contract) that announces a debit by means of a SEPA direct debit. If the debit is not encashed due to insufficient funds or due to specification of the wrong account data or the customer revokes the direct debit although not entitled to do so, the customer will bear the costs of the respective bank’s chargeback if they are responsible.

4.6

A combination of other discounts and credit notes with the REINER SCT customers recruit customers campaign is not possible.

5.

Terms of delivery and dispatch

5.1.

Goods are delivered by the shipping route to the delivery address specified by the customer unless agreed otherwise.

5.2.

If the shipping company returns the dispatched goods to the seller because it was not possible to deliver the goods to the customer, the customer will bear the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises their right of cancellation, if they are not responsible for the circumstances that led to the impossibility of delivery or if they were temporarily hindered from accepting the offered service, unless the seller had notified them of the service with reasonable notice.

5.3.

If the customer is acting as a company, the risk of loss and accidental impairment of the sold goods is transferred to the customer as soon as the seller has delivered the goods to the shipping agent, the freight carrier or the person or institution otherwise appointed for executing the delivery. If the customer is acting as a consumer, the risk of accidental loss and accidental impairment of the sold goods is not transferred until the goods are handed over to the customer or a person authorised for their receipt. Notwithstanding this, the risk of accidental loss and accidental impairment of the sold goods is also transferred to consumers as soon as the seller hands over the goods to the shipping agent, freight carrier or a person or institution otherwise appointed for executing the delivery if the customer has contracted the shipping agent, freight carrier or a person or institution otherwise appointed for executing the delivery for the execution and the seller has not given the customer the name of this person or institution beforehand.

5.4.

The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the case that the seller is not responsible for the failure to deliver and they have concluded a concrete hedging transaction with the supplier with the due care and attention. The seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be notified immediately and payment will be reimbursed immediately.

5.5.

Self-collection is not possible for logistic reasons.

   
6.

Retention of title

6.1.

The seller shall hold the right of retention of title for the delivered goods against consumers until full payment of the owed purchasing price.

6.2.

The seller shall hold the right of retention of title for the delivered goods against companies until full settlement of all demands from a current business relation.

6.3

If the customer is acting as a company, they are entitled to resell the goods subject to retention of title in proper business operations. The customer shall cede all demands against third parties ensuing from this to the value of the respective invoice amount (including VAT) in advance to the seller. This cession applies regardless of whether the goods subject to retention of title were resold without or after processing. The customer remains entitled to collect the demands even after the cession. The seller’s right to collect the demands themselves remains unaffected. However, the seller shall not collect the demands as long as the customer satisfies their payment obligations to the seller, does not get into payment default and no application to open bankruptcy proceedings is made.

   
7.

Warranty

 

The legal regulations apply in the case of defective purchased goods. Notwithstanding this, the following applies for goods which were not used in accordance with their normal use for a building and have become defective as a result:

7.1.

For companies

  • a negligible defect does not categorically entitle to claims for defects,
  • the seller has the choice of cure,
  • the statute of limitation for defects is one year from the transfer of risk,
  • the rights and claims for defects are generally excluded for used goods,
  • the statute of limitation does not begin anew if a replacement delivery is made within the scope of the warranty.
7.2.

For consumers, the statute of limitation for claims for defects is

  • two years from delivery of the goods to the customer for new goods,
  • one year from delivery of the goods to the customer for used goods, with the limitation of section 7.3.
7.3.

It applies for companies and consumers that the aforementioned liability and statute of limitation restrictions in section 7.1 and section 7.2 do not refer to damage and cost compensation claims which the buyer can assert due to defects in accordance with section 8 according to legal regulations.

7.4.

In addition, it applies for companies that the legal statutes of limitation for right of recourse in accordance with § 478 German Civil Code remain unaffected. The same applies for companies and consumers in the case of wilful breach of contract and malicious concealment of a defect.

7.5.

If the customer is acting as a merchant in the sense of § 1 German Commercial Code, they are subject to the commercial obligation to examine and give notice of defects in accordance with § 377 German Commercial Code. If the customer fails to fulfil the obligations to give notice prescribed there, the goods shall be considered accepted.

7.6.

If the customer is acting as a consumer, they are urged to raise objection for delivered goods with obvious transport damages with the supplier and to notify the seller of this. If the customer fails to do so, this will have no effect whatsoever on their legal or contractual claims for defects.

7.7.

If cure has been provided by replacement delivery, the customer is obliged to return the originally delivered goods to the seller at their costs within 30 days. Defective goods must be returned in accordance with legal regulations.

   
8.

Liability

 

The seller is liable to the customer for all contractual, quasi-contractual and legal, also tortious claims for damage and cost compensation as follows:

8.1.

The seller is liable without limitation for whatever legal reason

  • in case of wilful intent or gross negligence,
  • in case of negligent or wilful injury to life, body or health,
  • due to a warranty pledge insofar as this is not regulated otherwise,
  • due to mandatory liability such as the product liability law.
8.2.

If the seller negligently violates an essential contractual obligation, the liability is limited to the contract-typical, foreseeable damage insofar as liability is unlimited in accordance with section 8.1. Essential contract obligations are obligations which the contract imposes on the seller by its contents to achieve the purpose of the contract, the fulfilment of which is only possible at all by performance of the contract and in the compliance of which the customer may regularly trust.

8.3.

Liability of the seller is otherwise excluded.

8.4.

The aforementioned liability rulings also apply with regard to the seller’s liability for their agents and legal representatives.

   
9.

Place of jurisdiction

 

The law of the Federal Republic of Germany applies for all legal relations of the parties with the exclusion of the laws on international purchase of movables. For consumers, this choice of law only applies insofar as the granted protection by mandatory provisions of the laws of the state in which the consumer normally resides has not been revoked.

10.

Place of jurisdiction

 

If the customer is acting as a merchant, public corporate body or public separate estate with its headquarters on the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes ensuing from this contract is the registered office of the seller. If the customer has their registered office outside the territory of the Federal Republic of Germany, the seller’s registered office is the exclusive place of jurisdiction for all disputes ensuing from this contract if the contract or claims from the contract can be ascribed to the vocational or commercial activity of the customer. However, the seller is entitled in the aforementioned cases in any case to call upon the court at the customer’s registered office.

  Stand: 13.11.2020