Terms of service
General Terms and Conditions of Rima Abdichtungstechnik GmbH
1. General
1.1 All offers, purchase contracts, deliveries and services based on orders placed by our customers (hereinafter referred to as “Customer”) via our online store Rima Abdichtungstechnik GmbH (hereinafter referred to as “Online Shop”) are subject to these General Terms and Conditions.
1.2 The products offered in our online store are aimed equally at consumers and entrepreneurs, but only at end customers. For the purposes of these General Terms and Conditions, a “consumer” is
- a “consumer” is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (Section 13 BGB) and
- an “entrepreneur” is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract (Section 14 (1) BGB).
1.3 The customer's terms and conditions shall not apply, even if we do not separately 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-language or English-language page of the online store. If the customer places the order via our German-language page of the online store, only the German version of these General Terms and Conditions of Business shall apply. If the order is placed via our English-language website, only the English version of these General Terms and Conditions shall apply.
2. Conclusion of contract
2.1 Our advertisements in the online store are subject to change and non-binding. We reserve the right to make technical changes as well as changes in shape, color and/or weight within reasonable limits.
2.2 By placing an order in the online store via the button “order for a fee[A3] ‘, the customer makes a binding offer to conclude a purchase contract for the purchase of the product(s) concerned (hereinafter referred to as ’binding purchase offer”). Before submitting his binding purchase offer, the customer has the opportunity to check his entered data and the selected products in the order overview [A4] and to change them if necessary. We can accept the customer's binding purchase offer up to the end of the working day following the day on which it is sent to us.
2.3 We will send the customer a confirmation of receipt of the binding purchase offer immediately after receipt of the same; this order confirmation does not constitute acceptance in the sense of sales law. The customer's binding purchase offer shall only be deemed to have been accepted by us as soon as we declare our acceptance to the customer by e-mail or dispatch the goods. The purchase contract with the customer is only concluded upon our acceptance.
2.4 Every customer who is a consumer is entitled to revoke his binding purchase offer in accordance with the separate revocation instruction, which is communicated to him as part of the order on our website and is available on our website under Right of revocation - Rima Abdichtungstechnik GmbH, and to return the goods.
3.1 Our prices include the statutory value added tax, but not shipping costs. Any shipping costs incurred and to be borne by the customer shall be shown separately in the course of the order. Customs duties and similar charges shall be borne by the customer.
3.2 Unless expressly agreed otherwise, we only deliver against advance payment (in the manner specified in the online store when the order is placed) or cash on delivery, in each case against invoice. At the customer's request, which must be stated in the order form, we will also deliver the goods against cash payment at our business premises at Liebigstraße 14, 33803 Steinhagen, Germany.
3.3 If delivery on account has been agreed, our invoices are due for payment within 30 calendar days after the goods have been sent and the invoice has been received by the customer.
3.4 The customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been legally established.
3.5 If the customer is in default of payment, we shall charge interest on arrears at the statutory rate. If the customer is a consumer, the default interest rate for the year shall be 5 percentage points above the base interest rate in accordance with § 247 BGB. If the customer is an entrepreneur, the default interest rate for the year shall be 9 percentage points above the base interest rate in accordance with § 247 BGB; our additional claim in accordance with § 288 para. 5 BGB shall remain unaffected in cases where the customer is an entrepreneur and is in default of payment.
4 Deadlines for the dispatch of the goods, sale, partial deliveries
4.1 All deadlines for the shipment of the goods specified by us in the order or otherwise agreed upon shall commence (a) if delivery against advance payment has been agreed upon, on the day of receipt of the full purchase price (including VAT and shipping costs) or (b) if payment on delivery or on account has been agreed upon, on the day of the conclusion of the purchase contract. The day on which we hand over the goods to the shipping company shall be decisive for compliance with the shipping date.
4.2 Deadlines specified by us for the dispatch of the goods are always only approximate and may therefore be exceeded by up to two working days. This shall not apply if a fixed shipping date has been agreed. If no deadline or date for shipment is specified or otherwise agreed, shipment within (five) working days shall be deemed to have been agreed.
4.3 We are entitled to sell off the goods at any time (even if they are marked as “in stock” on the order form) if delivery is made against advance payment and payment is not received by us within a period of five working days after our acceptance of the binding purchase offer. In this case, the goods will only be dispatched within the period agreed or specified by us while stocks last; otherwise a period of three weeks shall apply.
4.4 In the event that our supplier does not deliver goods to us on time that are indicated on the order form as “not in stock” or that have been sold off in accordance with clause 4.3 of these General Terms and Conditions, the relevant delivery period shall be extended until delivery by our supplier plus a period of three working days, but by a maximum period of three weeks in total, provided in each case that
- we are not responsible for the delay in delivery by our supplier and
- we have reordered the goods before the conclusion of the purchase contract (or, in the case of clause 4.3 of these General Terms and Conditions, the time of sale) in such good time that timely delivery could be expected under normal circumstances.
If the goods are not available through no fault of our own or are not available on time despite timely reordering, we are entitled to withdraw from the purchase contract. We shall immediately notify the customer of the non-availability of the goods and, in the event of withdrawal, immediately reimburse any payments made to us.
4.5 If the customer has purchased several separately usable products in one order, we may also send these in several separate deliveries, whereby we shall bear the additional shipping costs incurred as a result. This shall not restrict the customer's statutory rights with regard to timely and proper delivery.
5 Mode and duration of shipment, insurance and transfer of risk
5.1 Unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transportation company at our reasonable discretion.
5.2 We only owe the timely and proper delivery of the goods to the transportation company and are not responsible for delays caused by the transportation company. Any delivery period stated by us (period between handover by us to the transport company and delivery to the customer) is therefore non-binding. However, if we have undertaken installation or assembly work, we shall be responsible for the timely completion of this work and handover to the customer at the contractually agreed place and time.
5.3 If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the point in time at which the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the transportation company if we are only responsible for shipment.
5.4 We shall insure the goods against the usual transportation risks at our expense.
6 Retention of title
6.1 We reserve title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.
6.2 Without our prior written consent, the customer is not entitled to dispose of the ownership of the goods delivered by us and still subject to retention of title (“reserved goods”). The disposal of the customer's legal position with regard to the reserved goods (so-called expectant right) remains permissible as long as the third party is informed of our right of ownership.
6.3 The customer shall treat the reserved goods with care.
6.4 In the event of seizure of the reserved goods by third parties - in particular by bailiffs - the customer shall draw attention to our ownership and inform us immediately so that we can enforce our ownership rights.
6.5 In the event of default of payment, we shall be entitled to demand the return of the reserved goods if we have withdrawn from the contract.
7 Warranty
7.1 If the delivered goods are defective, the customer may first demand that we remedy the defect or deliver defect-free goods. However, if the customer is an entrepreneur, we may choose between remedying the defect or delivering goods free of defects; this choice may only be made by notifying the customer in text form (including by fax or e-mail) within three working days of receipt of the notification of the defect.
7.2 If the subsequent performance pursuant to Section 7.1 of these General Terms and Conditions fails or is unreasonable for the customer or we refuse subsequent performance, the customer shall be entitled in each case in accordance with the applicable law to withdraw from the purchase contract, to reduce the purchase price or to demand compensation for damages or reimbursement of his futile expenses. However, the special provisions of Section 8 of these General Terms and Conditions shall apply to the customer's claims for damages.
7.3 The warranty period is two years from delivery.
7.4 The following applies only to entrepreneurs: The customer, who is an entrepreneur, shall only be entitled to claims for defects if he has properly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB (German Commercial Code). If a complaint is not made in due time and/or form, the goods shall be deemed to have been approved.
8.1 We shall be liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence.
8.2 In the event of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, typically occurring damage. We shall not be liable for slightly negligent breaches of non-essential contractual obligations, the breach of which does not jeopardize the performance of the contract. This also applies to breaches of duty by our legal representatives, employees or vicarious agents.
8.3 Liability for guaranteed characteristics within the meaning of § 444 BGB, for culpable injury to life, limb or health remains unaffected by the above limitations of liability; this also applies to claims of the customer under the Product Liability Act.
9. force majeure
9.1 Force majeure is an external, unforeseeable event that cannot be averted, or cannot be averted in time, even through the application of reasonably expected care and technically and economically reasonable means, and for which neither party is responsible. This includes in particular natural disasters, terrorist attacks, strikes and lockouts, insofar as the lockout is lawful, epidemics and pandemics and sovereign/official measures in connection with these events.
9.2 The customer shall be informed immediately of delays in delivery and performance due to force majeure and due to events that make delivery significantly more difficult or impossible for us. Insofar as one party is prevented in whole or in part from fulfilling its contractual obligations and/or from accepting the contractual services of the other party in cases of force majeure, it shall be released from its contractual obligations for the duration. The other party shall also be released from its obligations to perform to the extent that the party is prevented from fulfilling its contractual obligations and/or from accepting the contractual performance of the other party due to force majeure. The parties shall have no reciprocal claims, in particular for damages.
9.3 If partial services have already been rendered by us prior to the occurrence of an event of force majeure, these shall be paid by the customer with the price share attributable to these partial services (including statutory VAT) and the shipping costs in accordance with Section 3 of these General Terms and Conditions. With regard to the (partial) services not yet provided at the time of the occurrence of a case of force majeure, we shall contact the customer in order to agree whether these parts of the service can and should still be provided at a later date.
If the event of force majeure lasts longer than three months, we and the customer shall each be entitled to withdraw from the contract. In this case, the withdrawal shall be limited to the part of the contractual service not yet provided.
10. data protection
The customer's data shall be processed in compliance with the General Data Protection Regulation and the Federal Data Protection Act (new). This also includes processing in IT systems. The details of the processing of personal data can be found in the privacy policy available on our website Privacy Policy - Rima Abdichtungstechnik GmbH.
11. final provisions
11.1 The purchase 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 provisions. However, if the customer is a consumer and has his habitual residence in another country, he shall be protected by the relevant provisions of the country of residence, which may not be deviated from by agreement.
11.2 If the customer is a merchant within the meaning of Section 1 (1) HGB, a legal entity under public law or a special fund under public law, the courts in Bielefeld 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 may bring an action before any court having jurisdiction on the basis of statutory provisions.
11.3 The European Commission provides a platform for online dispute resolution (ODR platform), which you can find at http://ec.europa.eu/consumers/odr/. We, Rima Abdichtungstechnik GmbH, are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
11.4 If individual provisions of the contract, including these General Terms and Conditions of Sale and Delivery, are or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by agreement of a clause that comes closest to the intended purpose without being ineffective. This applies accordingly to contractual loopholes.