Standard Terms of Business and Customer Information

 

I. Terms

 

§ 1 Basic Provisions
  1. The following terms and conditions apply to contracts that you conclude with us as a provider (Markus Meier) via the website www.rmd-leuchte.de. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.
  2. A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for purposes that can not be attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.

 

§ 2 Conclusion of the contract
  1. Subject of the contract is the sale of goods.
  2. As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract for the online shopping cart system under the conditions specified in the item description.
  3. The contract is concluded via the online shopping cart system as follows:
    1. The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to call up the “shopping cart” and make changes there at any time.
    2. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will then be displayed as an order overview.
    3. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
    4. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.
    5. Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order.
    6. By sending the order via the corresponding button (“buy” or similar designation), you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
  4. Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different period is specified in the respective offer).
  5. The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail partly automated. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.

 

§ 3 Special agreements for offered payment methods
  1. Payment via Klarna:
  2. In cooperation with Klarna Bank AB (publ) (https://www.klarna.com/de/), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
    1. Invoice: The payment period is 30 days from the dispatch of the goods/ticket/or, for other services, from the provision of the service. The complete billing conditions for the countries in which this payment method is available can be found here: Germany (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice), Austria (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice).
    2. Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after you place your order.
    3. Direct debit: The debit is made after the goods have been dispatched. You will be informed of the time by email.
    4. Credit card (Visa/Mastercard): Available in Germany and Austria. The debit will be made after the goods or tickets have been dispatched / the service is available or in the event of a
  3. Subscriptions according to the communicated times. The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, as part of the purchase initiation and processing of the purchase contract, we forward your data to Klarna for the purpose of address and creditworthiness checks. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.
    Further information and Klarna's terms of use can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user). General information about Klarna is available here (https://www.klarna.com/de/). Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy).
    You can find more information about Klarna here (https://www.klarna.com/de/smoooth-mehrzuklarna/). You can find the Klarna app here (https://www.klarna.com/de/klarna-app/).
  4. SEPA direct debit (basic and/or company direct debit)
  5. If you pay by SEPA core direct debit or SEPA direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
  6. The direct debit is collected within 10-15 days after the conclusion of the contract.
  7. The deadline for submitting the pre-notification will be reduced to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the case of a direct debit due to your fault, you have to bear the bank fee.

 

§ 4 retention, retention of title
  1. You can only exercise a right of retention, in so far as it concerns claims arising from the same contractual relationship.
  2. The goods remain our property until full payment of the purchase price.
  3. If you are an entrepreneur, the following also applies:
    1. We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.
    2. You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
    3. If the reserved goods are combined and mixed, we acquire co-ownership of the new item in relation to the invoice value of the reserved goods to the other processed items at the time of processing.
    4. We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

 

§ 5 Warranty
  1. There are statutory liability for defects.
  2. If you are informed by us before the contract declaration is made and this has been expressly and separately agreed, claims for defects are excluded for used goods if the defect only becomes apparent after one year from delivery of the goods. If the defect becomes apparent within one year of delivery of the goods, claims for defects can be asserted within the statutory limitation period of two years from delivery of the goods. The above limitation does not apply:
    1. for culpably caused damage attributable to us from injury to life, body or health and in the case of other damage caused intentionally or through gross negligence;
    2. to the extent that we have fraudulently concealed the defect or have given a guarantee for the quality of the goods.
    3. As a consumer, you are requested to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
    4. Insofar as a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
  3. As far as you are an entrepreneur, deviating from the above warranty regulations applies:
    1. Only our own information and the manufacturer's product description are deemed to be agreed as to the quality of the goods, but not other advertising, public praise and statements by the manufacturer;
    2. In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the remedy of the defect fails, you can either demand a price reduction or withdraw from the contract. After a second unsuccessful attempt, the rectification of defects is deemed to have failed, unless something else arises from the type of goods or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from bringing the goods to a place other than the place of performance if the shipment does not correspond to the intended use of the goods.
  4. The warranty period is one year from date of delivery. The reduction in time does not apply:
    1. for culpably caused damage attributable to us from injury to life, body or health and in the case of other damage caused intentionally or through gross negligence;
    2. insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
    3. in the case of things that have been used for a building in accordance with their normal use and have caused its defectiveness;
    4. in the case of legal recourse claims that you have against us in connection with warranty rights.

 

§ 6 Choice of law
  1. German law applies. For consumers, this choice of law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
  2. The provisions of the UN Sales Convention explicitly do not apply.

 

II. Customer Information

 

1. Identity of the seller

Markus Meier
To the pond 16
97509 Kolitzheim
Germany
Phone: 015156125273
Email: info@rmd-leuchten.de

 

Alternative dispute resolution:
  1. The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
  2. Information on the conclusion of the contract: The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations “Conclusion of the contract” of our General Terms and Conditions (Part I.).
  3. Contract language, contract text storage
    1. Contract language is German.
    2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
    3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, eg by e-mail, which you can print out or save electronically.
  4. Essential characteristics of the product or service. The essential characteristics of the goods and/or services can be found in the respective offer.
  5. Prices and payment methods
    1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
    2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
    3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees from credit institutions), which must be borne by you.
    4. You have to bear the costs incurred for the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
    5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
    6. Soweit bei den einzelnen Zahlungsarten nicht anders angegeben, sind die Zahlungsansprüche aus dem geschlossenen Vertrag sofort zur Zahlung fallig.
  6. Delivery
    1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
    2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. If you are an entrepreneur, delivery and dispatch are at your risk.
  7. Statutory warranty law

Liability for defects is based on the “Warranty” provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

last update: 01.01.2024

Checkout
Type something to get suggestions.