General terms and conditions of business
§1 Scope, definitions
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of
Roland Rauschmayer GmbH & Co. KG, Karlsruher Strasse 89, DE-75179 Pforzheim,
Phone: +49 / (0)7231 – 3805 – 0, Fax +49 / (0)7231 – 3805 – 24, E-Mail: [email protected]
represented by the managing directors: Roland Rauschmayer, Chris Roy Rauschmayer
Register court: Mannheim, commercial register: 733002, VAT no.: DE812114250
(hereinafter referred to as “Seller”), shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller with regard to the goods displayed by the Seller in its online shop.
1.2 For the business relationship between the Seller and the Customer, the following General Terms and Conditions of Business shall apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognised unless the Vendor expressly agrees to their validity in writing.
1.3 The customer is a consumer, as far as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity, who acts in exercising his commercial or independent professional activity when concluding the contract.
§2 Conclusion of contract
2.1 The customer can select products from the supplier’s range, in particular wedding and engagement rings and other jewellery products and collect them in a so-called shopping basket by clicking on the button “add to basket”. By clicking on the button “order subject to payment”, the customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button “Accept GTC” and thereby included them in his application.
2.2 The Provider will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out by clicking on the “Print” function. As a rule, the automatic confirmation of receipt merely documents that the Provider has received the Customer’s order and does not constitute acceptance of the application. The contract is only concluded when the Provider submits the declaration of acceptance, which is sent with a separate e-mail (order confirmation). Upon delivery of the goods, the contract text (consisting of the order, terms and conditions and order confirmation) is sent to the customer. The text of the contract will be stored in compliance with data protection.
2.3 The contract is concluded in German, alternatively in English.
§3 Delivery, availability of goods
3.1 Delivery times stated by us are calculated from the time of our order confirmation, provided prior payment of the purchase price (except for purchase on account). If no delivery time or no deviating delivery time is indicated for the respective goods in our online shop, it is 5 days.
3.2 If no copies of the product selected by the customer are available at the time of the customer’s order, the supplier shall inform the customer immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. In this case a contract does not come off.
3.3 If the product designated by the customer in the order is only temporarily unavailable, the provider shall also inform the customer of this immediately in the order confirmation.
3.4 The following delivery restrictions exist: The provider only delivers to customers who have their usual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany, Austria.
§4 Retention of title
The delivered goods remain the property of the supplier until full payment has been received.
$5 Prices and shipping costs
5.1 All prices stated on the provider’s website are inclusive of the applicable statutory value added tax.
5.2 The corresponding delivery costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer exercises his right of withdrawal. Starting from a goods order value of 20 EUR the offerer supplies to the customer forwarding expenses-free.
5.3 The goods are shipped by mail. The shipping risk is borne by the provider if the customer is a consumer.
5.4 The customer has to bear the direct costs of the return shipment in case of a revocation.
§6 Terms of payment
6.1 The customer can pay by PayPal, direct debit, credit card, cash on delivery or on account.
6.2 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the Customer shall pay the Provider default interest for the year in the amount of 5 percentage points above the base interest rate.
6.3 The Customer’s obligation to pay interest on arrears does not preclude the Provider from asserting further damages caused by default.
§7 Warranty for material defects, guarantee
7.1 The provider is liable for material defects according to the applicable legal regulations, especially §§434 ff. GERMAN CIVIL CODE. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.
7.2 An additional warranty for goods delivered by the supplier exists only if this was expressly stated in the order confirmation for the respective article.
8.1 Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from the injury of life, body, health or from the injury of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
8.2 In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, body or health.
8.3 The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are made directly against them.
8.4 The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The regulations of the product liability law remain unaffected.
§9 Cancellation policy
9.1 Consumers have a legal right of withdrawal when concluding a distance selling transaction, about which the supplier informs in the following according to the legal model. The exceptions to the right of withdrawal are regulated in paragraph 9.2. Paragraph 9.3 contains a model revocation form.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party designated by you, who is not a carrier, have taken or has taken possession of the goods.
In order to exercise your right of revocation, you must send us Roland Rauschmayer GmbH & Co. KG, Karlsruher Straße 89, DE-75179 Pforzheim, Germany, e-mail: [email protected]
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheap standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this repayment.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case within fourteen days at the latest from the day you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.
9.2 Exclusion of the right of withdrawal
The right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly customized to the personal needs of the consumer.
9.3 The supplier informs about the sample revocation form according to the legal regulation as follows:
|Sample revocation form
If you want to revoke the contract, please fill out this form
and send it back.
Roland Rauschmayer GmbH & Co. KG, Karlsruher Strasse 89, DE-75179 Pforzheim,
Phone: +49 / (0)7231 – 3805 – 0, Fax +49 / (0)7231 – 3805 – 24. e-mail: [email protected]
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
——— Ordered on (*)/received on (*)
——— Name of the consumer(s)
——— Address of the consumer(s)
——— Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable
§10 Final provisions
10.1 The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions for the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.
10.3 The contract remains binding in its remaining parts even if individual points are legally ineffective. Instead of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
Pforzheim, April 2020