Terms of service
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Special Conditions for the Processing of Goods According to Customer Specifications
- Redemption of Promotional Vouchers
- Applicable Law
- Alternative Dispute Resolution
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Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Riedel, Getiren, Riedel GbR (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither part of their commercial nor independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
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Conclusion of Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers from the Seller, but serve to allow the Customer to submit a binding offer.
2.2 The Customer can submit the offer through the online order form integrated into the Seller’s online shop. After the Customer has added the selected items to the virtual shopping cart and completed the electronic ordering process, they submit a legally binding offer regarding the goods in the cart by clicking the button that completes the ordering process.
2.3 The Seller can accept the Customer's offer within five days by:
- sending a written order confirmation or an order confirmation in text form (fax or email) to the Customer, with the receipt of the order confirmation by the Customer being decisive; or
- delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive; or
- requesting payment from the Customer after the order has been placed.
If multiple of the above alternatives occur, the contract is concluded at the moment when the first of the alternatives takes place. The deadline for accepting the offer starts on the day after the Customer submits the offer and ends on the fifth day following the submission of the offer. If the Seller does not accept the offer within this period, it is deemed to be a rejection, meaning the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is chosen, the payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), subject to PayPal’s terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If the Customer does not have a PayPal account, the payment will be processed under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. When the Customer chooses one of PayPal's payment methods, the Seller accepts the offer immediately upon the Customer clicking the button to finalize the order.
2.5 Upon submitting an offer through the Seller's online order form, the contract text will be stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the order has been placed. The Seller will not provide further access to the contract text. If the Customer has set up a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account with the appropriate login details.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. A helpful tool to better detect input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their inputs during the electronic ordering process using the usual keyboard and mouse functions until they click the button that finalizes the order.
2.7 Various languages are available for concluding the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and communication generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that the emails sent by the Seller can be received. In particular, if the Customer uses spam filters, they must ensure that all emails sent by the Seller or third parties appointed by the Seller for order processing are delivered.
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Right of Withdrawal
3.1 Consumers generally have the right of withdrawal.
3.2 Further information on the right of withdrawal is provided in the Seller's withdrawal instructions.
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Prices and Payment Terms
4.1 Unless otherwise stated in the product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may apply, which the Seller is not responsible for and which the Customer must bear. These include, for example, costs for money transfers through banks (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise if the delivery does not take place in a non-EU country, but the Customer makes the payment from a non-EU country.
4.3 The payment method(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If a payment method offered by PayPal is chosen, the payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), subject to PayPal’s terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If the Customer does not have a PayPal account, the payment will be processed under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 If a payment method offered by the payment service “Shopify Payments” is selected, the payment processing will be handled by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The individual payment methods offered by Shopify Payments will be communicated to the Customer in the Seller’s online shop.
4.6 If a payment method offered by the payment service "Klarna" is selected, payment processing will be handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna").
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Delivery and Shipping Terms
5.1 If the Seller offers the delivery of goods, the delivery will take place within the specified delivery area to the address provided by the Customer, unless otherwise agreed. The delivery address indicated in the order processing is decisive.
5.2 If the delivery of goods fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of reshipping if the Customer effectively exercises their right of withdrawal. For return shipping costs, the regulation set out in the Seller’s withdrawal instructions applies if the right of withdrawal is effectively exercised.
5.3 If the Customer is an entrepreneur, the risk of accidental loss or deterioration of the goods passes to the Customer as soon as the Seller hands over the goods to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss or deterioration of the goods passes to the Customer only upon delivery of the goods to the Customer or a recipient authorized to receive the goods.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the Seller’s fault and the Seller has concluded a concrete coverage transaction with the supplier with due diligence. The Seller will make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods, the Customer will be informed immediately, and the payment will be refunded without delay.
5.5 Self-pickup is not possible for logistical reasons.
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Retention of Title
If the Seller makes an advance payment, the Seller retains ownership of the delivered goods until the full purchase price has been paid.
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Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. The following exceptions apply to contracts for the delivery of goods:
7.1 If the Customer is an entrepreneur,
- the Seller has the choice of how to fulfill the warranty;
- the limitation period for defects in new goods is one year from delivery;
- the rights and claims due to defects in used goods are excluded;
- the limitation period does not restart if a replacement delivery occurs under the warranty.
7.2 The above-mentioned limitations and shorter limitation periods do not apply:
- for claims for damages and reimbursement of expenses;
- if the Seller has fraudulently concealed the defect;
- for goods that have been used for a building according to their usual use and caused its defectiveness.
7.3 The statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.4 If the Customer is a merchant according to § 1 HGB, they are subject to the commercial inspection and notification obligations according to § 377 HGB. If the Customer fails to meet the reporting obligations, the goods are deemed accepted.
7.5 If the Customer is a consumer, they are asked to report any apparent transport damage to the delivery company and inform the Seller. Failure to do so does not affect the Customer’s statutory or contractual rights regarding defects.
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Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims for damages and reimbursement of expenses as follows:
8.1 The Seller is fully liable for:
- intent or gross negligence,
- intentional or negligent injury to life, body, or health,
- based on a guarantee, unless otherwise agreed,
- mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage unless full liability is provided under clause 8.1. Material contractual obligations are duties imposed on the Seller by the contract that are necessary to achieve the contract’s purpose and whose fulfillment enables the proper execution of the contract, and upon which the Customer can regularly rely.
8.3 In all other cases, the Seller’s liability is excluded.
8.4 The above liability rules also apply to the Seller’s vicarious agents and legal representatives.
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Special Conditions for the Processing of Goods According to Customer Specifications
9.1 If the Seller is also required to process goods according to the Customer's specifications under the contract, the Customer must provide the Seller with all necessary content, such as text, images, or graphics, in the required file formats, sizes, and resolutions. The Customer is solely responsible for obtaining the necessary usage rights for these contents.
9.2 The Customer indemnifies the Seller from any claims from third parties related to the violation of their rights through the contractual use of the Customer's content. The Customer is also responsible for covering the legal defense costs, including court and attorney fees.
9.3 The Seller reserves the right to reject processing orders if the contents provided by the Customer violate legal or regulatory prohibitions or public decency.
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Redemption of Promotional Vouchers
10.1 Vouchers issued by the Seller as part of a promotional campaign with a specified validity period and that cannot be purchased by the Customer ("promotional vouchers") can only be redeemed in the Seller’s online shop during the specified period.
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Redemption of Promotional Vouchers
10.2 Individual products may be excluded from the promotion if the promotional voucher specifies such a restriction.
10.3 Promotional vouchers can only be redeemed before completing the order process. Retroactive redemption is not possible.
10.4 Multiple promotional vouchers can be redeemed in one order.
10.5 The value of the goods must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the Seller.
10.6 If the value of the promotional voucher is not sufficient to cover the order, the Customer can choose one of the other available payment methods offered by the Seller to settle the difference.
10.7 The balance of a promotional voucher is neither paid out in cash nor does it accrue interest.
10.8 The promotional voucher will not be refunded if the Customer returns the goods, either in full or in part, that were paid for using the promotional voucher under their statutory right of withdrawal.
10.9 The promotional voucher is intended for use by the person named on it. It is not transferable to third parties. The Seller has the right, but not the obligation, to check the validity of the voucher holder’s entitlement.
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Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
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Alternative Dispute Resolution
12.1 The EU Commission provides an online platform for dispute resolution, which can be accessed at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration body.