General Terms And Conditions
General Terms and Conditions for Internet Sales of Roland Reiners Tools & Service (hereinafter "RRTS")
1. General, clientele, language
1.1 All offers, sales contracts, deliveries and services based on orders from our customers (hereinafter “customers”) via the online shop https://hackmesser24.com are subject to these General Terms and Conditions. In the event of a contradiction in terms of content, the following regulations take precedence over the latter regulations.
1.2 The product range in this online shop is aimed exclusively at entrepreneurs as end users. For the purposes of these General Terms and Conditions, an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding the contract, is exercising their commercial or independent professional activity (§ 14 Para. 1 BGB).
1.3 The customer's terms and conditions do not apply, even if we do not specifically object to their validity in individual cases.
1.4 The contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order via the German or English language page of the online shop. If the customer places the order via our German-language online shop, the German version of these General Terms and Conditions is exclusively applicable. If the order is placed via our English-language online shop, only the English version of these General Terms and Conditions is authoritative.
2. Conclusion of contract
2.1 Our offers in the online shop are non-binding.
2.2 By placing an order in the online shop, the customer makes a binding offer to purchase the product in question. We can accept the offer up to the end of the third working day following the day of the offer.
2.3 We will send the customer a confirmation of receipt of the offer immediately after receipt of the offer, which does not constitute acceptance of the offer. The offer is only deemed to have been accepted by us as soon as we declare acceptance to the customer by e-mail or send the goods. The purchase contract with the customer only comes into existence upon our acceptance.
3. Prices and Payment
3.1 Our prices are net prices plus statutory sales tax and shipping costs. The customer has to bear customs duties and similar charges.
3.2 Unless expressly agreed otherwise, we only deliver against prepayment. The possible payment methods can be viewed in the online shop.
3.3 The customer has no right of offsetting or retention unless the counterclaim is undisputed or has been legally established.
4. Deadlines for shipping the goods, sales, partial deliveries
4.1 All deadlines specified by us when ordering or otherwise agreed for the dispatch of the goods begin on the day of receipt of the full purchase price (including sales tax and shipping costs) if delivery against payment in advance has been agreed. The date on which we hand over the goods to the shipping company is decisive for compliance with the shipping date.
4.2 Deadlines specified by us for shipping the goods are always approximate and may therefore be exceeded by up to two working days. This does not apply if a fixed shipping date has been agreed. If no period or date for shipping is specified or otherwise agreed, shipping within five working days is deemed to have been agreed.
4.3 We are entitled to sell the goods at any time (even if they are marked as "in stock" on the order form) if the delivery is made against prepayment and we do not receive payment within a period of five working days after our acceptance of the offer. In this case, shipping will only take place while stocks last.
4.4 If the goods cannot be delivered through no fault of our own or cannot be delivered on time despite timely follow-up orders, we are entitled to withdraw from the purchase contract. We will immediately notify the customer of the non-availability of the goods and, in the event of withdrawal, refund the payments made to us without delay.
4.5 If the customer has bought several products that can be used separately, we can also send them in several separate deliveries, whereby we will bear the additional shipping costs caused by this. This does not restrict the customer's legal rights with regard to timely and proper delivery.
5. Shipping method and duration, insurance and transfer of risk
5.1 Unless expressly agreed otherwise, we determine the appropriate mode of dispatch and the transport company at our discretion.
5.2 We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time specified by us (period between handover by us to the transport company and delivery to the customer) is therefore non-binding.
5.3 The risk passes to the customer upon delivery of the goods to the transport company.
5.4 We will insure the goods against the usual transport risks at our expense.
6. Retention of Title
6.1 We reserve ownership of the goods delivered by us until the purchase price (including sales tax and shipping costs) for the goods in question has been paid in full.
6.2 The customer is not entitled to dispose of ownership of the goods delivered by us and still subject to retention of title (“reserved goods”) without our prior written consent.
6.3 The customer will treat the reserved goods with care.
6.4 If third parties - especially bailiffs - access the goods subject to retention of title, the customer will point out our ownership and notify us immediately so that we can enforce our property rights.
6.5 In the event of a delay in payment, we are entitled to demand the return of the reserved goods if we have withdrawn from the contract.
7. Warranty
7.1 If the delivered goods have a defect, the customer can first demand that we remove the defect or deliver goods that are free of defects. If the customer is an entrepreneur, we can choose between remedying the defect or delivering a defect-free item. This choice can only be made by notifying the customer in text form (also by e-mail) within three working days after receipt of the notification of the defect.
7.2 If the subsequent performance according to paragraph 1 fails or is unreasonable for the customer or we refuse the subsequent performance, the customer is entitled in accordance with the applicable law to withdraw from the purchase contract, to reduce the purchase price or to demand damages or reimbursement of his futile expenses. However, the special provisions of Section 8 of these General Terms and Conditions apply to customer claims for damages.
7.3 The warranty period is two years from delivery.
7.4 The customer must carefully inspect the goods immediately after delivery. The delivered goods are deemed to have been approved by the customer if a defect is not reported to us
- in the case of obvious defects, within five working days after delivery or
- is otherwise reported within five working days after discovery of the defect.
8. Liability
8.1 Our liability for delay in delivery is limited to an amount of 10% of the respective purchase price (including sales tax).
8.2 We are not liable (regardless of the legal reason) for damage that is typically not to be expected with normal use of the goods.
8.3 The limitations of this § 8 do not apply to our liability for guaranteed quality features within the meaning of § 444 BGB, for injury to life, limb or health or under the Product Liability Act.
8.4 The above limitations of liability do not apply in the event of intent or gross negligence.
9. Privacy
We may only process and store the data relating to the respective sales contracts within the framework of the applicable statutory provisions. The details can be found in the data protection declaration available on our website.
10. Governing Law and Jurisdiction
10.1 The sales contract existing between us and the customer is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, subject to mandatory international private law regulations.
10.2 If the customer is a merchant within the meaning of § 1 Para. 1 HGB, a legal entity under public law or a special fund under public law, the courts responsible for Krefeld shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the customer can bring an action before any court having jurisdiction under statutory provisions.