Terms Of Service
BUYER
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 "Production Site") 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
Contract language is German.
c) Subsequent Amendment of the Terms and Conditions
The Production Plant is entitled to make subsequent adjustments and additions to the General Terms and Conditions of Business 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 to the Terms and Conditions shall become effective if the Customer does not object within six weeks after notification of the amendment. At the beginning of the period, the Production Facility shall expressly inform the Customer of the effect of his silence as acceptance of the contractual amendment and shall grant him the opportunity to make an express declaration during the period. If the Customer objects in due time, both the Production Site and the Customer may terminate the contractual relationship extraordinarily.
2 Registration / Conclusion of contract
a) Registration
The presentation of the assortment in the internet store of Loot for the World is subject to change and without obligation. To use the full range of this website, it is first necessary to create a customer account. Hereby the data necessary for the service provision by the production site are requested. The entries are confirmed by clicking on the button "Register". The customer then receives a confirmation e-mail with the information required for a login. Only when the customer logs in for the first time with these details on the website of Loot for the World, the registration is completed. The password, which enables the customer to access the personal area, is to be treated as strictly confidential and may not be disclosed to third parties under any circumstances. The Customer shall take appropriate and reasonable measures to prevent third parties from obtaining knowledge of his/her password. A customer account cannot be transferred to other customers or other third parties.
b) Conclusion of contract via website
The ordering process via this website consists of a total of four steps. In the first step, the customer selects the desired goods. In the second step, the customer enters his or her data, including the billing address and, if applicable, a different delivery address, unless this information is already stored in his or her customer account. In the third step, the customer selects the payment method. In the fourth step, the customer has the opportunity to check all details (e.g. name, address, payment method, ordered items) once again and correct any input errors before confirming his order by clicking on the button "order subject to payment" or "buy". With the order the customer bindingly declares his contract offer. Loot for the world will confirm the entrance of the order of the customer immediately. The confirmation of receipt does not constitute a binding acceptance of the order. Loot for the World is entitled to bindingly accept the contract offer contained in the order within two days after the expiration of the time specified in the campaign the receipt of the order by e-mail, fax, telephone, post or by sending the goods. With the acceptance a contract between the production plant and the customer comes into being.
Insofar as certain campaign targets are specified, the following shall apply, in deviation therefrom:
By sending the completed order form of the customer a binding reservation is concluded. Loot for the World will then send the Customer an order confirmation, which, however, does not constitute an acceptance of the offer. The production site reserves the right to reduce the minimum number of required orders to the actual orders at the end of the campaign or to reject the offer if the minimum number of required orders is not reached.
c) Reservation of non-acceptance
Loot for the World and the production site reserve the right to refuse received orders, especially if during the ordering process it becomes known or suspected that the print motif violates third party rights or legal regulations.
d) Storage of the contract text
The contract text will be stored by the production site and Loot for the World and will be sent to the customer in text form (e.g. e-mail, fax or postal mail) after the customer has sent his order together with these terms and conditions and customer information. However, the text of the contract can no longer be retrieved by the customer via the seller's website after sending his order. The customer can print out the relevant website with the contract text via the print function of the browser.
3 Delivery
a) Partial deliveries
The production facility is entitled to make partial deliveries if this is reasonable for the customer. In case of partial deliveries, however, the Customer shall not incur any additional shipping costs.
b) Delays in delivery and performance
The Production Plant shall not be responsible for delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by the Production Plant even by exercising utmost diligence (this includes in particular strikes, official or court orders and cases of incorrect or improper self-delivery despite a covering transaction to that effect). They entitle the Production Plant to postpone the delivery for the duration of the impeding event.
c) Withdrawal
In case of unavailability due to reasons mentioned above, the Production Plant may withdraw from the contract. In this case, the Production Plant undertakes to inform the Customer immediately about the unavailability and to reimburse any counter-performance already made without delay.
d) Exclusion of delivery
Post office box addresses and package stations are not supplied.
e) Default of acceptance
If the Customer is in default of acceptance of the ordered goods, the Production Plant shall be entitled to withdraw from the contract after setting a reasonable grace period and to claim damages for default or for non-performance. During the delay in acceptance, the Customer shall bear the risk of accidental loss or accidental deterioration.
f) Time of performance
Unless expressly agreed otherwise, delivery by Boender & Beutel GmbH shall be made within 4 weeks. The start of the delivery period is the day after the payment order is issued to the remitting bank in the case of payment in advance or the day after the contract is concluded in the case of purchase on account. The period ends with the expiry of the fourth week. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the period ends on the next working day..
4 Zahlung
a) Prices and shipping costs
All prices include sales tax. In addition, the costs for shipping are shown separately in each case.
b) Payment methods
The customer can choose between the following payment methods: Prepayment, PayPal and instant bank transfer.
Additional fees will be charged in the following cases:
The acceptance of the package is refused
The goods are not picked up at the post office within 7 working days despite notification by the shipping service provider
The recipient cannot be determined
Germany-wide 4,99 €
Europe-wide 5,99 €
c) Right of retention
The customer shall only be entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as the customer's obligation.
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 revocation, you must send us
Recoil Merchandising
Michael Grosicar
Ruhrlandbogen 2
D-45257 Essen
e-mail: support@recoil-merch.zendesk.com
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. For this purpose, you can use the enclosed sample revocation form, which is, however, not mandatory.
Cancellation policy
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods / the last goods.
In order to exercise your right of withdrawal, you must inform us (Boender & Beutel GmbH) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the contact form for this purpose, but it is not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
Sample cancellation form
(If you wish to cancel the contract, please fill out and return this form).
To :
Recoil Merchandising
Michael Grosicar
Ruhrlandbogen 2
D-45257 Essen
e-mail: support@recoil-merch.zendesk.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
_____________________________________________________
Ordered on (*)/received on (*)
__________________
Name of the consumer(s)
_____________________________________________________
Address of consumer(s)
_____________________________________________________
Signature of the consumer(s) (only in case of paper communication)
__________________
Date
__________________
(*) Delete as applicable.
- End of the cancellation policy -
Ausschluss des Widerrufsrechts
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. Likewise, there is no right of withdrawal for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
6 Retention of title
The delivered goods remain the property of the production facility until full payment of the purchase price. The Customer shall treat the goods subject to simple retention of title with care at all times. The Customer assigns to the Production Plant any claim or compensation he may receive for damage, destruction or loss of the delivered goods. In case of breach of contract by the Customer, especially in case of default of payment, the Production Plant is entitled to take back the purchased goods. This taking back of the purchased goods shall constitute a withdrawal from the contract.
7 Warranty
a) Warranty claim
There are legal warranty rights. A warranty claim can only arise with regard to the condition of the goods, reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim.
b) Transfer of risk
The risk of accidental loss or deterioration of the goods sold shall not pass to the customer until the goods are handed over.
c) Notification
If the Customer should notice that the outer packaging arrives damaged or if he should notice any damage after receipt of the goods, the Production Plant asks the Customer to notify it. However, there is no obligation to make such a notification, nor are the consumer's warranty rights affected by a failure to notify.
d) Subsequent performance
If the goods are defective, the customer may optionally demand subsequent performance in the form of rectification of the defect or subsequent delivery. If defects are not remedied even after two attempts at rectification, the customer shall be entitled to rescission or reduction.
e) Rights in case of insignificant defects
In the event of an insignificant defect, the customer shall only be entitled to a reasonable reduction of the purchase price to the exclusion of the right of withdrawal.
f) Compensation for defects
No warranty shall be provided for damages resulting from improper handling or use of the goods. The Production Plant shall only pay damages for defects of the goods in case of intent or gross negligence. This exclusion does not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by the exclusion of liability.
8 Technical and design deviations
With regard to the descriptions and information in brochures, catalogs and other documents from the production site, there may be technical or design deviations (e.g. fabric quality, color, weight, dimensions, design or similar), provided that these changes are reasonable for the customer. Such reasonable reasons for changes may result from fluctuations customary in the trade and technical production processes. The production site points out that the motif created by the customer in the online designer is only a non-binding preview. During production, there may be deviations in terms of scale, positioning and colors.
9 Color designations and size specifications
Since the color designations and size specifications used by the production site have been chosen by the production site and/or the manufacturers, they are not subject to standardization, so that there may be differences in color and size between the various manufacturers and their products. With regard to the colors shown, the production site points out that the representation of a color may differ. The representation of the color shown in the online store may therefore not completely correspond to the color of the product. The textile items should be washed before wearing them for the first time, as there are production-related chemical residues in the textiles, which can lead to reactions with body perspiration when worn, which can cause discoloration of the textiles. However, this does not constitute a defect.
10 Liability
a) Exclusion of liability
The production facility as well as its legal representatives and vicarious agents shall only be liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. such obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are concerned, liability shall also be assumed for slight negligence. In this case, liability shall be limited to the foreseeable, direct average damage typical for the contract.
In case of a grossly negligent breach of non-substantial contractual obligations, the Production Facility shall be liable to entrepreneurs only to the extent of the foreseeable, contract-typical, direct average damage.
b) Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by the exclusion of liability.
11 Final Provisions
a) Place of jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract shall be the place of business of the production facility in Cologne in Pulheim, provided that the Customer is a merchant, a legal entity under public law or a special fund under public law or provided that the Customer has no place of jurisdiction in the Federal Republic of Germany.
b) Choice of Law
Unless mandatory statutory provisions under the Customer's home country law conflict therewith, German law shall be deemed agreed to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
c) Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.