Our terms of service also include legal information on your rights under the provisions on long-distance contracts and e-commerce.
1.1. The business relationship between Rauwerk represented by Christine Biedermann (hereinafter “seller”) and the customer (hereinafter “customer”) are subject exclusively to the following terms and conditions in their valid form at the time the order is placed.
1.2. A consumers as referred to under these terms is any natural person who enters into a legal transaction for a purpose that can neither be attributed to their commercial or independent professional activity (§ 13 BGB).
1.3. Any conditions deviating from these terms that may be put forward by the customer shall not be recognized, unless the seller agrees to their validity in writing.
2. OFFERS AND SPECIFICATIONS
2.1. The presentation of products in the seller’s online shop shall not be a legally binding offer but an invitation to place an order. Service descriptions in catalogs and on the websites of the seller shall not have the character of a representation or warranty.
2.2 In ordering the desired goods via the online shop, e-mail or by phone the customer makes a legally binding offer to conclude a purchase agreement. The purchase agreement is entered into once this offer has been accepted by the seller.
3. ORDER PROCESS AND CONCLUSION OF CONTRACT
3.1. The customer can make a non-binding choices from the range of the seller and collect these in a so-called cart by clicking the “add to cart” button.
3.2 Within the cart, the customer can subsequently proceed to complete the order process via the button “Checkout“.
3.3. By clicking the “Buy now” button, the customer makes a binding offer to purchase the goods in the cart. Before sending the order, the customer can review and change the data at any time.
3.4. The seller then sends 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 using “print” (order confirmation). The automatic confirmation of receipt only documents that the customer’s order has been received by the seller and shall not constitute an acceptance of the request. The purchase contract shall only be concluded when the seller ships or hands over the ordered product to the customer within 1 week, or if the seller confirms the shipment within 1 week with a second e-mail, an express order confirmation or by sending the invoice.
3.5. Should the seller provide an advance payment option, the contract shall be concluded by provisioning of the seller’s bank account information and payment request. If the payment is not received despite being in arrears, even after a second notice is served, until 10 calendar days after sending the order confirmation by the seller, the seller shall step back from the contract with the result that the order shall be cancelled and that the duty of the seller to deliver the products shall be void. The order shall then be settled with no further consequences for the customer and seller. Therefore a reservation of the products in case of prepayment shall be done for a maximum of 10 calendar days. Any payment received following the cancellation of the contract shall be refunded in full to the customer.
4. PRICES AND SHIPPING FEES
4.1. All prices indicated on the merchant’s website are inclusive of the applicable value added tax and shipping fees.
5. DELIVERY, PRODUCT AVAILABILITY
5.1. In case any of the products ordered is out of stock at the time the customer places the order, the seller shall inform the customer in the order confirmation. If the product is permanently unavailable, the seller shall refrain from accepting the order for the respective product. In this case a contract shall not be concluded.
5.2. If the product ordered by the customer is only temporarily unavailable, the seller shall inform the customer immediately in the order confirmation. In case of a delivery delay of more than two weeks, the customer shall have the right to terminate the contract. Incidentally, the seller shall also be entitled to withdraw from the contract. In such case the seller will immediately refund any payment made by the customer. If prepayment was agreed, delivery shall be made after receipt of the invoiced amount.
6. PAYMENT TERMS
6.1. The customer can choose from the available payment methods during the checkout process and before placing the order.
6.2. Payment shall be made in advance and without deduction.
6.3. If the payment process is handled third-party providers, e.g. Paypal, their terms of service shall apply.
7. RETENTION OF TITLE
Until receipt of full payment the goods shall remain the property of the seller.
8. WARRANTY FOR DEFECTS AND WARRANTY
8.1. The warranty shall be governed by statutory provisions.
8.2. A guarantee for goods sold by the seller shall only apply if it has been expressly stated.
9.1. For a liability of the seller regarding claims for damages the following prerequisites for entitlement and limitations shall apply notwithstanding other legal requirements.
9.2. The seller shall have unlimited liability if the damage was caused by intent or gross negligence.
9.3. Furthermore, the seller shall be liable for the negligent violation of obligations that endangers the fulfillment of the contract, or for the violation of obligations, the fulfillment of which is a basic requirement for the correct execution of the contract and on whose fulfillment the customer regularly relies. In this case, however, the seller shall be liable only for the foreseeable, typical damage under such contract. The seller shall not be liable for the negligent violation of other obligations than those mentioned in the preceding sentences.
9.4. The above limitations shall not apply to injury to life, limb and health, for a defect after assumption of a guarantee regarding the quality of the product and fraudulently concealed defects. Liability under the product liability law shall remain unaffected.
9.5. As far as the seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and agents.
10.1 A consumer as defined under section No. 1.2 of these terms is entitled to the right of withdrawal in accordance with the statutory conditions. See Withdrawal Policy for more details.
10.2 The seller grants a consumer with permanent residence outside of Germany the same 14-day withdrawal right even if the national law of the consumer provides for a shorter period.
10.3 The seller grants a consumer with permanent residence outside of Germany to informally transmit the notice of withdrawal, even if the national law of the consumer provides for a more strict form.
10.4 For consumers with permanent residence outside Germany the requirements and legal consequences of the German consumer right of withdrawal shall apply even if under national law the right to withdrawal is not awarded.
11. EXCLUSION OF RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to goods that are produced according to customer specifications or clearly tailored to personal needs.
12.1. Prior to returning the goods please contact the seller by e-mail at email@example.com. In this way, they allow the seller the fastest possible assignment of the products.
12.2. Customers are kindly asked to send the goods as a prepaid package back to the seller and keep the mailing receipt.
12.3. Customers are kindly asked to avoid damage or contamination of the product. Goods should be sent back to the seller incl. all accessories and if possible in their original packaging. If the original packaging is no longer available, another suitable package should be used to ensure adequate protection against damage in transit and to avoid any damage claims because of damage due to faulty packaging.
12.4. The modalities referred to in this section (no. 12) are not a prerequisite for the effective exercise of the right of withdrawal as stated in section No. 10 of these terms and conditions.
13. RETURN COSTS IN CASE OF WITHDRAWAL
The customer shall bear the direct cost of returning the goods.
14.1. The seller shall process personal data of the customer for appropriate purposes and according to statutory provisions.
14.2. The specified personal information provided by the customer for the purpose of ordering goods (such as name, email address, mailing address, bank data) are used by the seller for fulfillment and handling of the contract. The customer agrees to the forwarding of the personal information to third party providers that handle payment processing and fulfillment for the exclusive purpose of fulfilling and handling the contract.
14.3. The customer shall have the right to obtain information free of charge about the personal data that has been stored about him by the seller. In addition, he shall have the right to correction of inaccurate data, blocking and deletion of their personal data, insofar as there is no legal obligation to retain them.
15. FINAL PROVISIONS
15.1. In the event that a provision of these general terms and conditions or any other agreement in the scope of this contract should be invalid, this shall not prejudice the validity of the remaining provisions. The statutory provision shall apply in substitution of the invalid provision.
15.2. German law, excluding the UN Sales Convention (CISG), applies exclusively.