Terms of Service / AGB
General Terms and Conditions / Allgemeine Geschäftsbedingungen
Recoil Merchandising, Ruhrlandbogen 2, 45257 Essen, Germany
1 General
a) Scope of Application
These General Terms and Conditions shall apply to all business relations between Recoil Merchandising, Ruhrlandbogen 2 in 45257 Essen, Germany, represented by managing director: Mr. Michael Grosicar (hereinafter referred to as "Recoil Merchandising") and the Customers in the version valid at the time of the conclusion of the contract. Any conflicting General Terms and Conditions of the Customer are hereby expressly rejected.
b) Contractual Agreement
The contract language is English.
c) Subsequent Amendment of the Terms and Conditions
Recoil Merchandising is entitled to make subsequent adjustments and additions to these General Terms and Conditions in relation to existing business relationships, insofar as changes in legislation or case law make this necessary or other circumstances lead to the contractual relationship of equivalence being disturbed to a more than insignificant extent. A subsequent amendment shall become effective if the Customer does not object within six weeks after notification. At the beginning of the period, Recoil Merchandising shall expressly inform the Customer of the effect of his silence as acceptance and shall grant him the opportunity to make an express declaration during the period. If the Customer objects in due time, both parties may terminate the contractual relationship extraordinarily.
2 Conclusion of contract
a) The presentation of the assortment in the online store of Recoil Merchandising is subject to change and without obligation.
b) The ordering process consists of four steps. First, the customer selects the desired goods. Second, the customer enters his or her data, including the billing address and, if applicable, a different delivery address. Third, the customer selects the payment method. Fourth, the customer can check all details (e.g. name, address, payment method, ordered items) and correct any input errors before confirming the order by clicking the button "order subject to payment" or "buy". With the order the customer bindingly declares his contract offer. Recoil Merchandising will confirm receipt of the order immediately. This confirmation of receipt does not constitute a binding acceptance of the order. Recoil Merchandising is entitled to accept the contract offer within two days by e-mail, telephone, post or by sending the goods. With the acceptance a contract between Recoil Merchandising and the customer comes into being.
c) Reservation of non-acceptance
Recoil Merchandising reserves the right to refuse received orders, especially if during the ordering process it becomes known or suspected that a print motif violates third-party rights or legal regulations.
d) Storage of the contract text
The contract text is stored by Recoil Merchandising and sent to the customer in text form (e.g. e-mail) together with these terms and conditions. The customer can print the relevant website with the contract text via the print function of the browser.
3 Delivery
a) Partial deliveries are permitted if reasonable for the customer; no additional shipping costs arise for the customer in that case.
b) Recoil Merchandising is not responsible for delays due to force majeure and extraordinary, unforeseeable events beyond its control (in particular strikes, official or court orders, incorrect or improper self-delivery despite a covering transaction). Such events entitle Recoil Merchandising to postpone delivery for their duration.
c) In case of unavailability for the reasons above, Recoil Merchandising may withdraw from the contract, shall inform the customer immediately and reimburse any counter-performance already made without delay.
d) Post office box addresses and package stations are not supplied.
e) If the Customer is in default of acceptance, Recoil Merchandising may withdraw from the contract after setting a reasonable grace period and claim damages. During the delay in acceptance, the Customer bears the risk of accidental loss or deterioration.
f) Unless expressly agreed otherwise, delivery is made within 4 weeks. The period starts the day after the payment order is issued (payment in advance) or the day after conclusion of the contract and ends with the expiry of the fourth week; if the last day falls on a Saturday, Sunday or public holiday at the place of delivery, it ends on the next working day.
4 Payment
a) Prices and shipping costs
All prices include sales tax. Shipping costs are shown separately.
b) Payment methods
The customer can choose between the following payment methods: PayPal, credit card, Shopify Payments and Klarna.
Additional fees may be charged in the following cases:
acceptance of the package is refused; the goods are not picked up within 7 working days despite notification; the recipient cannot be determined. Germany-wide 4,99 € · Europe-wide 5,99 €.
c) Right of retention
The customer may only assert a right of retention for counterclaims that are due and based on the same legal relationship.
5 Cancellation policy for consumers in distance selling contracts
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract:
Recoil Merchandising
Michael Grosicar
Ruhrlandbogen 2
D-45257 Essen
e-mail: info@recoil-merchandising.com
You can use the sample withdrawal form below, but it is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal. We use the same means of payment as in the original transaction unless expressly agreed otherwise; no fees are charged for this repayment. We may refuse repayment until we have received the goods back or you have provided proof of return, whichever is earlier.
You must return the goods without undue delay and no later than fourteen days from the day of notification of withdrawal. The deadline is met if you send the goods before the fourteen days expire. You bear the direct costs of returning the goods. You are only liable for any loss in value if it results from handling not necessary to establish the nature, characteristics and functioning of the goods.
Sample withdrawal form
(complete and return only if you wish to withdraw)
To:
Recoil Merchandising
Michael Grosicar
Ruhrlandbogen 2
D-45257 Essen
e-mail: info@recoil-merchandising.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*):
_____________________________________________________
Ordered on (*)/received on (*): __________________
Name of consumer(s): _____________________________
Address of consumer(s): __________________________
Signature of consumer(s) (only for paper communication): __________________
Date: __________________
(*) Delete as applicable.
- End of the cancellation policy -
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.
6 Retention of title
The delivered goods remain the property of Recoil Merchandising until full payment of the purchase price. The Customer shall treat goods subject to retention of title with care. In case of breach of contract by the Customer, especially default of payment, Recoil Merchandising is entitled to take back the goods, which constitutes a withdrawal from the contract.
7 Warranty
a) The statutory warranty rights apply. A warranty claim can only arise with regard to the condition of the goods; reasonable deviations in aesthetic properties are not covered.
b) The risk of accidental loss or deterioration passes to the customer upon handover.
c) If the outer packaging arrives damaged or damage is noticed after receipt, we ask the customer to notify us. There is no obligation to notify, and warranty rights are not affected by a failure to notify.
d) If the goods are defective, the customer may demand subsequent performance (rectification or replacement). If defects are not remedied after two attempts, the customer is entitled to rescission or reduction.
e) In case of an insignificant defect, the customer is only entitled to a reasonable price reduction, excluding withdrawal.
f) No warranty is provided for damage resulting from improper handling or use. Recoil Merchandising is liable for defects only in case of intent or gross negligence. This does not apply to liability for injury to life, body or health; the Product Liability Act remains unaffected.
8 Technical and design deviations
There may be technical or design deviations (e.g. fabric quality, color, weight, dimensions, design), provided they are reasonable for the customer, resulting from fluctuations customary in the trade and technical production processes. The motif shown is only a non-binding preview; during production there may be deviations in scale, positioning and colors.
9 Color designations and size specifications
Color designations and size specifications are not subject to standardization, so differences in color and size between manufacturers and products are possible. The representation of a color in the online store may not fully correspond to the product. Textile items should be washed before first wear, as production-related chemical residues may remain; this does not constitute a defect.
10 Liability
a) Recoil Merchandising and its legal representatives and vicarious agents are liable only for intent or gross negligence. For essential contractual obligations (whose fulfilment is of particular importance for achieving the purpose of the contract), liability also applies for slight negligence, limited to the foreseeable damage typical for the contract.
b) The above exclusion does not apply to liability for injury to life, body or health; the Product Liability Act remains unaffected.
11 Final Provisions
a) Place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is the place of business of Recoil Merchandising in Essen, provided the Customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in the Federal Republic of Germany.
b) Choice of law
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless mandatory statutory provisions of the Customer's home country conflict.
c) Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining terms.