General Terms and Conditions and Customer InformationScope of Application
1.1. These general terms and conditions (hereinafter referred to as “GTC”) of “Raadalgen e.K.” (hereinafter referred to as “Seller”) apply to all contracts being made between the consumer or contractor (hereinafter referred to as “Client”) and the Seller, regarding the goods presented in the online shop of the Seller. Herewith the inclusion of the Client's own terms and conditions is contradicted, unless other terms have been stipulated.
1.2. According to these GTC, consumer is called every natural person who signs an order for such a purpose that attributes neither his trading nor his independent professional activity.
1.3. According to these GTC, an enterpriser is called every natural or juridical person or legal joint venture which, after finalizing a business to act under a law, deals with practicing its trade or independent professional activity.
2. Conclusion of Contract
2.1. The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2. The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and passing through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods contained in the virtual basket.
2.3. The Seller may accept the Client's offer within five days,
- by transferring a written order confirmation or an order conformation in written form (fax or e- mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he/she placed his/her order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the fifth day following the sending of the offer. Should the seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4. The contract's content will be stored by the Seller and will be sent to the Client in writing including these GTC (for example via e-mail, fax or letter) after the Client has submitted his order.
The contract’s content can’t be retrieved from the Seller's website after the dispatchment of the order.
2.5. Before the binding placement of an order the Client can correct potential input errors through careful inspection of the information display on the computer screen. Using the enlargement function integrated in the browser can be an effective way to increase the possibility to find potential input errors. Before the binding placement of an order the Client can correct his entries permanently by the usual keyboard and mouse functions. In addition, all details will be shown once more in a confirmation window, and may also be corrected there using the normal mouse or keyboard functions.
2.6. The contractual language is German.
2.7. The order processing and establishing contact take place, as a rule, per e-mail and automatic order processing. The Client has to make sure that the e-mail address which has been entered by him for the purpose of order processing is valid, so that the e-mails sent by the Seller can be received via this address. In particular, the Client must make sure in the use of SPAM filters that all e-mails sent by the Seller or by the third parties hired by him for processing the orders can be delivered.
Prices and Payment Terms
3.1. Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
3.2. Payment can be made using one of the methods mentioned in the Seller's online shop.
3.3. If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
5. Shipment and delivery conditions
5.1. Goods are generally delivered on dispatch route to the delivery address indicated by the Client, unless otherwise agreed. For the transaction procedure the delivery address specified by the Client in the ordering process shall be applicable.
5.2. Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client hereby exercises his right of cancellation, or if he/she has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
5.3. Collection by the Client is not possible for logistical reasons.
5.4. Coupons are given to the Client as follows:
6. Retention of Title
In case of advanced payment, the Seller retains complete ownership of the goods, until the complete sales prices are paid.
7. Liability for Defects
7.1. Should the object of purchase be deficient, statutory provisions shall apply.
- By contrast, for used goods, the limitation period for defects shall be one year from
delivery. Reduction of the limitation period for defects to one year does not apply.
- In the case of goods that were used in line with their regular purpose for building
construction and that caused that buildings structural defect.
- For damages resulting from the destruction of life, personal injury or health
damages, caused by deliberate or negligent violation of duty by the Seller, or
deliberate or negligent violation of
duty caused by a legal representative of the Seller,
- For other damage, that is based on a deliberate or grossly negligent violation of
duty by the Seller, or deliberate or negligent violation of duty caused by a legal
representative of the Seller, as well as
- In case the Seller has fraudulently concealed a defect.
7.2. The Client is requested to complain about delivered goods with apparent transport damage to the deliverer and to inform the Seller hereof. If the Client fails to do that, this has no effect on his legal and contractual liability for defects.
8. Redemption of Coupons
8.1. Coupons that were handed out by the Seller free of charge with promotional offers and that could not be acquired by purchase (hereinafter referred to as “Coupons”), can only be redeemed with the online shop of the Seller within the indicated period.
8.2. Coupons can only be redeemed by consumers.
8.3. Individual Goods can be excluded from all coupon campaigns; such restriction shall be indicated within the content of the Coupon.
8.4. Coupons can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.
8.5. Only one Coupon can be redeemed per order.
8.6. The value redeemed by the Coupon cannot exceed the value of the bought good. Hypothetical remaining credit will not be refunded.
8.7. If the value of the Coupon does not cover the order completely, the remaining difference can be paid by using the payment methods offered by the Seller.
8.8. The value of a Coupon will not be paid out or paid interest on.
8.9. The value of the Coupon will not be redeemed if the Client returns fully or partly paid goods to the Seller within her/his legal right of withdrawal.
8.10. The Coupon is transferable. The Seller can render services, with exempting effect, to the respective owner. This is not applicable if the Seller has knowledge or lack of knowledge due to gross negligence of the ineligibility, legal incapacity or absent representative authority of the respective owner.
9. Applicable Law
9.1. All legal relationships of the Parties are subject to the laws of Federal Republic of Germany except for the laws about the international purchase of movable goods. This choice of law shall only apply to Clients if the granted protection has not been withdrawn through compelling provisions of the law of the state in which the Client has his/her usual place of residence.
9.2. Furthermore this choice of law is not applicable, in regards to the statutory right of cancellation, if the Client is, at the moment the contract was concluded, not a resident of a Member State of the European Union and if their place of residence is not within the European Union.
10. Place of Jurisdiction
If the Client is acting as a registered trader, a legal entity under public law or public special assets within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction is the Client's place of business. If the Client's place of business is not within the Territory of the Federal Republic of Germany, the exclusive place of jurisdiction for disputes arising from this contract is the Seller's place of business, provided the contract or claims from the contract can be attributed to the professional or commercial occupation of the Client. In the aforesaid cases, the Seller is entitled to contact the court at the Client's place of business.
11. Information for dispute settlement
The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.