General Terms and Conditions for the Online Shop of REWITEC® GmbH
Status: September 2020
§ 1 Scope of application
(1) These general terms and conditions (hereinafter Terms) apply to all contracts concluded through our online shop between ourselves REWITEC GmbH, Dr.-Hans-Wilhelmi-Weg 1 35633 Lahnau (VAT ID: DE 231426858) and you as our customers. The Terms apply irrespective of whether you are acting as a consumer or in the course of your business.
(2) The version of these Terms which is current at the time the contract is concluded is definitive. You will be informed of changes to these Terms in writing, by facsimile or by email. If you fail to object to the changes within four weeks after receipt of notification your consent to the changes will be deemed to be given. You will be advised of your right to object and the legal consequences of remaining silent separately when notified of an amendment of these Terms.
(3) We do not recognise deviating, conflicting or supplementary terms of the customer. This also applies where we have not expressly rejected their incorporation into the contract.
§ 2 Contract conclusion, contract language
(1) The presentation of goods and services in our online shop does not constitute a binding offer to customers rather an invitation to customers to submit a purchase order.
(2) By clicking the button „order“ as the last step in the ordering process you place a binding order for the purchase / reservation of the goods shown in the order summary. Immediately after you send your order you will receive an order confirmation which however does not constitute an acceptance of your order. A contract is concluded between you and us as soon as we accept your order / reservation of the goods in a separate email or dispatch the goods for shipment. Please check the junk mail folder of your email account regularly.
(3) You can select goods for purchase in our online shop by clicking on the „add to cart“ button. When you wish to complete your purchase click on the basket and you will be led through the order process. Having placed the items selected in the basket and entered all the order and address information required press on the „continue“ button and a page will open which summarizes the essential details of the purchase items including all occurring costs. Up until this point you are able to correct your input data or withdraw your offer of purchase. Only when you press the „order“ button is a binding offer to purchase made in accordance with sub-paragraph 2 above.
(4) The contract is concluded exclusively in the German language. Any translations into other languages are for information purposes only. Where there is a conflict between the German text and the translation the German text takes precedence.
§ 3 Storage of contractual text
The terms of the contract and details of the goods purchased together with these Terms and advice on cancellation will be sent to you by email on confirmation of your order. The terms of the contract will not be stored by us.
§ 4 Right of cancellation
(1) As a consumer you have a right to cancel the contract in accordance with statutory provisions.
(2) Where acting as a consumer you exercise your right of cancellation in accordance with sub-paragraph 1 you shall bear the normal cost of returning the goods.
(3) Apart from the aforesaid the exercise of cancellation rights is subject to the following:
Advice on cancellation
Right of cancellation
You have the right to cancel this contract within 14 days. You are not required to give reason for your cancellation.
The 14 day cancellation period begins on the day upon which you or a third party named by you, who is not the carrier, takes possession of the goods.
In order to exercise your right of cancellation you must inform us, REWITEC GmbH, Dr.-Hans-Wilhelmi-Weg 1, 35633 Lahnau (VAT ID: DE231426858) Tel: +49(0)6441/44599-0, Fax: +49(0)6441/44599-25, E-Mail: info@rewitec.com, in a clear statement (e.g. by a letter sent by post or email) of your decision to cancel this contract.
The cancellation deadline is met when you send notice of your decision to cancel the contract before the cancellation notice period has expired.
Effect of cancellation
Where you cancel this contract we shall immediately and no later than 14 days after receipt of your cancellation notice return all payments received from you including the shipping cost (excluding additional costs incurred due to your selection of a method of shipment other than our standard delivery). Repayment will be effected using the same method of payment as was used for the original payment transaction unless expressly agreed otherwise; under no circumstances will we charge you for the return of payment. We can delay repayment until the goods have been returned or until you have provided us with evidence that you have returned the goods, whichever is the earlier.
You must send back or deliver the goods to us without delay and no later than 14 days after date upon which you informed us of your cancellation of this contract. The deadline is met where you send back the goods before the 14 day period has expired.
You shall bear the actual cost of returning the goods.
You shall only be liable for any diminished value of the goods where the diminished value results from the goods being handled in a manner which was not appropriate to inspect their quality, features and operating modes.
- End of cancellation advice -
§ 5 Prices and shipping costs
(1) All prices quoted in our online shop are gross prices and include VAT at the statutory rate and shipping costs.
(2) Where you exercise your right of cancellation in accordance with § 4 of these Terms, you are entitled, subject to statutory requirements, to request a refund of the shipping cost which you have paid for (cost of dispatch)(compare §4(3) (effects of cancellation) above).
§ 6 Terms of payment, set-off, right of retention
(1) The purchase price is immediately due for payment when the order is placed. The payment will be made in advance by bank transfer or Paypal PLUS. With Paypal PLUS you have the following possibilities: PayPal, direct debit, credit card and purchase on account. We reserve the right to exclude certain methods of payment in individual cases.
(2) You are not entitled to set off a counterclaim against our receivables except where the counterclaim is undisputed or against which we have no further recourse to appeal. You have a right of set-off against our receivables for warranty claims or counterclaims based on the same legal transaction.
(3) Customers can only exercise a right of retention where the counterclaim is based on the same legal transaction.
§ 7 Terms of delivery
(1) We are entitled to deliver by instalment provided this is reasonable for the customer.
(2) The term of delivery is approximately five (5) business days, except where agreed otherwise. Subject to sub-paragraph 3 below the term of delivery commences on date upon which the contract is concluded.
(3) Where the customer is resident abroad either privately or for business purposes or where we have reason to believe there is a risk of non-payment we reserve the right to render shipment of the goods subject to pre-payment of the purchase price and shipping costs. We shall inform you without delay where we exercise this right in which case the delivery term shall commence upon receipt of payment of the purchase price and shipping costs.
§ 8 Retention of title
(1) If you are acting as a consumer, we retain title to the goods until full and final payment for the goods has been received. For persons acting in the course of their business we retain title to the goods until payment of all claims under any ongoing business relationship have been received. Where persons acting in the course of their business are in default of payment by more than 10 days, we are entitled to terminate the contract and reclaim the goods.
(2) Where you are acting in the course of a business and not as a consumer you are entitled to resell the goods supplied which are subject to a reservation of title in the ordinary course of your business including products which originate from the processing, mixing or combining of such goods. In such circumstances you hereby assign to us all receivables up to the amount invoiced by us which accrue from the resale irrespective of whether such receivables accrue before or after the processing of the goods which are subject to a reservation of title. Notwithstanding our own authority to collect the receivables you remain authorised to collect the receivables after such assignment. We undertake that we will not collect the receivables ourselves provided you honour your payment obligation, there is no application for the institution of insolvency or similar proceedings and no suspension of payments. If the value of the securities provided to us exceeds our claims by more than 10 percent, we undertake to release securities of our choice where you so request.
§ 9 Warranty for goods purchased
We are liable for defects in quality or title of the goods supplied in accordance with the statutory provisions, in particular §§ 434 ff. of the German Civil Code (BGB). For consumers, the limitation period for statutory warranty claims is two years and begins on delivery of the goods. For persons acting in the course of their business the limitation period for statutory warranty claims is one year beginning on delivery of the goods. For consumers, the warranty period for second-hand goods is one year from delivery of the goods; for persons acting in the course of their business no warranty is given for second-hand goods.
§ 10 Limitation of liability
(1) We are liable for acts of wilful default and gross negligence. Furthermore we are liable for negligent breaches of an obligation, the performance of which facilitates proper execution of the contract in general, the breach of which jeopardises the achievement of the contractual purpose and upon the observance of which, you, as customer may generally rely. In the latter case we are however only liable for damages which are foreseeable and typical to the contract. We are not liable for slightly negligent breaches of contract other than for the breaches described in the preceding sentences of this sub-paragraph.
The aforesaid exclusions of liability do not apply to claims based on culpable loss of life, limb or health. Liability under the Product Liability Act shall remain unaffected.
(2) In the light of the current state of technology data communication via the internet is not warranted as error free and/or that it will always be available. Accordingly, we do not warrant that our online trading facility system is continually available without interruption.
§ 11 Final provisions
(1) Changes or supplements to these terms and conditions must be in writing. The same shall apply to a waiver of the written form requirement.
(2) Contracts between us and the customer are governed by German law excluding the United Nations Convention on Contracts for the International Sales of Goods (CISG). Statutory provisions restricting the choice of law or which govern the application of mandatory law in the country in which the customer is ordinarily resident as a consumer shall remain unaffected.
(3) Where the customer is acting in the course of a business or is a public law entity or federal special fund all disputes arising directly or indirectly under contracts based on these Terms shall be resolved before the courts in Lahnau, Germany.
(4) Dispute resolution: The EU-Commission has created an internet platform for resolving disputes online. The platform serves as a point of contact for resolving disputes out of court concerning contractual obligations based on online sales contracts. For further information please see the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute settlement proceedings before the consumer arbitration board.
(5) Where a provision of these general terms and conditions is invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to agree a valid replacement provision which shall correspond as closely as possible to the commercial purpose of the invalid provision. The same shall apply where there is an unforeseen loophole in these terms and conditions.