|General Terms and Conditions|
General Terms and Conditions (GTC)
Date: April 2013, Version No. 16
These are the General Terms and Conditions (GTC) of:
reuter europe GmbH
41169 Mönchengladbach / Germany
Tel.: +49 . (0)2161 . 30 89 - 0
Fax: +49 . (0)2161 . 30 89 - 297
Mönchengladbach Local Court,
Turnover Tax ID No.: DE 265 099 456
Managing Director: Bernd Reuter
§ 1 General information
1.1 reuter europe GmbH (hereinafter referred to as "Reuter Badshop") offers in particular home furnishings and domestic technology through its online shops under the domains www.reuter.de, www.reuter-badshop.com and www.reuter-bathrooms.com. With the exception of display articles, the goods are all new.
1.2 These GTC apply for the entire business relationship between "Reuter Badshop" and the customer.
1.3 Customers as defined in these conditions of sale are consumers as well as entrepreneurs.
1.3.1 A consumer is a natural person with whom business relations have been entered into and who acts for a purpose which can neither be attributed to their commercial nor to their independent self-employed activities.
1.3.2 Entrepreneur as defined in these GTC is a natural person or legal entity or partnership with legal capacity with whom business relations have been entered into and who acts in their commercial or their independent self-employed capacity.
§ 2 Option to save and view contract texts
2.1 The GTC can be viewed in the online shop on the detail page "GTC" at all times, the link "GTC" can be found at the bottom of the online shop. There is an option to save or print the GTC.
There are two saving options available:
A) By using the function in the internet browser, usually found under "File" and then in the dropdown menu, "Save As".
B) On the top upper part of the detail page GTC the word "save" and the relevant symbol can be found. By clicking on the word or symbol, a PDF document will open, this can be saved. To open the document, the free program Adobe Reader (found under www.adobe.de) or an equivalent program which can open a PDF will be required.
The following option is available to print the document:
On the top upper part of the detail page GTC the word "print" and the relevant symbol can be found. By clicking on the word or symbol the printing process will start.
2.2 Additionally there is the option to archive the data of your own order in two ways:
A) In the third ordering step "Review & checkout" in our online shop with the help of the browser function, the data of the order and our GTC can be saved or printed. Additionally the GTC can be printed via the directly integrated "print" function.
B) After successfully completing the order, an automatic order confirmation is sent to the given e-mail address. This e-mail confirmation confirms the receipt of your online order and contains all the data of the referred order again. This e-mail can be printed or saved via the e-mail program.
§ 3 Conclusion of a contract
3.1 The products and services listed within the online shop do not represent binding offers by "Reuter Badshop". On the contrary, the offers represent requests to the customer to submit a binding offer to "Reuter Badshop".
3.1.1 Pictures of products as well as drawings or illustrations are only to be understood as approximate product descriptions. The information in the acknowledgement of order is authoritative for the product characteristics.
3.1.2 The products offered in the "Reuter Badshop", in particular electronic components and equipment, meet the requirements of the German market (voltage 230 volts; connections according to German standards).
3.2 With the order - whether by telephone, written or electronic - the customer firmly submits his contract offer. "Reuter Badshop" shall confirm receipt of this order in the Internet vis-a-vis the customer without delay. To this extent, however, this does not represent acceptance of the order; this may, however, be combined with the declaration of acceptance.
3.3 "Reuter Badshop" is entitled to accept the contract offer of the customer within three working days of receipt of said offer. Acceptance may be declared either by explicit notification or by delivery of the goods.
3.4 "Reuter Badshop" accepts no procurement risk and reserves the right to release itself from its obligation to fulfil the contract in the event that "Reuter Badshop" should not be supplied correctly or properly by outside suppliers. This is without prejudice to the liability of "Reuter Badshop" for intent or negligence in accordance with the liability provisions of § 12 of these GTC. In the event of the non-availability or only partial availability of the goods or services, "Reuter Badshop" shall inform the customer without delay; in the event of withdrawal, the counter-performance shall be refunded to the customer without delay.
3.5 "Reuter Badshop" ships products solely to customers in those countries which are expressly designated as countries of delivery in the "Reuter Badshop" online shop. Buyers from countries not specified in the "Reuter Badshop" online shop can purchase products solely as "self-collectors" who collect the products personally at the issue point provided by "Reuter Badshop".
3.6 The following special regulations apply to contracts with customers purchasing from abroad:
3.6.1 Whenever customers from countries other than Germany purchase products from "Reuter Badshop" and collect the merchandise as "self-collectors" from the issue points provided by "Reuter Badshop", "Reuter Badshop" will bill them for the value-added tax as required by German law. "Reuter Badshop" will reimburse this value-added tax solely for the countries of delivery specified in the "Reuter Badshop" online shop. This provision also applies in the event that a customer from a foreign country of delivery contracts a third party (e.g. freight carrier) to collect the products at the "Reuter Badshop" issue point.
3.6.2 If a customer from a non-EU country makes a purchase at "Reuter Badshop" and requests shipment to a shipping address within the EU, "Reuter Badshop" will itemise and collect the value-added tax applicable for this EU country of delivery. If the customer then exports the products to a third country not in the EU, "Reuter Badshop" has the option of reimbursing the value-added tax originally levied.
3.6.3 If members of the NATO military forces stationed in Germany conclude purchase contracts with "Reuter Badshop", these purchase contracts will be processed in the same way as purchase contracts with German customers and delivery within Germany. Specifically, the value-added tax applicable pursuant to German law will be levied. "Reuter Badshop" has the option to reimburse the value-added tax.
3.6.4 "Reuter Badshop" will not provide the customs number assigned to "Reuter Badshop" to customers who wish to export products purchased at the "Reuter Badshop" to third-party countries.
3.6.5 If customers from countries not expressly designated as countries of delivery in the "Reuter Badshop" online shop purchase products from "Reuter Badshop" and if the products are exported to countries not expressly designated as countries of delivery (especially for self-collectors), the following special provisions apply with respect to liability and warranty of "Reuter Badshop": The warranty (damage compensation, rescission, reduction of purchase price) as well as warranty claims are excluded if and when the customer does not return the products exported to another country to "Reuter Badshop" in Germany. The products must be returned to the self-collection point of "Reuter Badshop" for this purpose.
§ 4 Revocation rights information
In accordance with the provisions of the Mail Order Law, users have a right of revocation with respect to purchased goods in accordance with the following advice:
Right of revocation
Consumers may revoke their statement of contract within 14 days, without stating any reasons, in text form (e.g. letter, fax, e-mail) or - if they are given the goods before expiry of the time limit - also by returning the goods. The time limit begins after receipt of these instructions in text form, but not before receipt of goods by the consumer (in the event of recurring delivery of the same type of goods not before receipt of the first part delivery) and not before compliance with our duty to inform in accordance with Article 246 § 2 in conjunction with § 1 Sections 1 and 2 Introductory Law to the German Civil Code (Einführungsgesetz zum BGB, EGBGB) as well as our obligations in accordance with § 312g Section 1 Sentence 1 German Civil Code in conjunction with Article 246 § 3 Introductory Law to the German Civil Code.
The punctual dispatch of the revocation or of the goods is sufficient for observation of the revocation time limit. Revocation is to be sent to:
reuter europe GmbH
41169 Mönchengladbach / Germany
Fax: +49 . (0)2161 . 30 89 - 255
Consequences of revocation
In the event of effective revocation, mutually received services or goods are to be returned and if required any benefits received (e.g. interest) are to be returned. If the consumer cannot return or surrender the received performance and utilization (e.g. benefit of use) in full or in part, or only in a poorer condition, he must, if necessary, provide compensation for lost value to this extent. The consumer must provide compensation for lost value in the event of deterioration of the goods and for utilization solely if and when the utilization or the deterioration is attributable solely to handling the goods beyond the scope of an examination of their characteristics and functionality. "Examination of the characteristics and functionality" shall be understood as the testing and trying out of the goods as would be possible and usual in a store. Goods that can be sent by parcel are to be returned at our risk. Consumers must bear the regular costs for returning the goods if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed the amount of 40 euro or, if the price of the goods is higher, the consumer has not provided counter-performance or a contractually agreed partial payment at the point in time of revocation. Otherwise the return of the goods is free of charge for the consumer. Goods that cannot be sent by parcel shall be picked up from the consumer. Obligations to reimburse payments must be fulfilled within 30 days. This period begins for the consumer with the dispatch of his statement of revocation or of the goods, and for us with the receipt of such statement or goods. In accordance with the provisions of § 312 d Section 4 German Civil Code (Bürgerliches Gesetzbuch, BGB), among other provisions, there is no right of revocation for contracts to deliver goods which have been produced to customer specifications or are obviously tailored to personal requirements.
End of the advice of revocation
§ 5 Prices, delivery and shipping costs
5.1 The prices listed within the online shops are final prices. Accordingly, they include all price components, including any taxes due. There are no additional costs for customs, fees and taxes for cross-border deliveries into Switzerland.
5.2 Payable delivery and shipping costs are not included in the purchase price. For the dispatch of the goods within Germany as well as abroad, shipping and handling/packaging costs are therefore payable; these are also to be borne by the buyer and depend on the concrete article description and the dispatch information contained therein, or further details concerning the calculation of these costs are specified by the online shop.
5.3 The shipping charges apply per order in one complete delivery, unless otherwise agreed. Please note that additional charges for partial deliveries can occur. Products with a free delivery symbol are sent free of charge without having to reach a minimum order value within (only mainland) Germany, Austria, Belgium and Netherlands. Products without this symbol will be sent free of charge in one delivery after reaching a order value of more than 2,000,- euro (only Mainland) Germany, Austria, also Belgium, Netherlands, Luxembourg and Poland.
§ 6 Terms of payment
6.1 Unless otherwise specified, the customer has the means of payment specified within the online shop at his disposal, including payment by bank transfer, credit card or COD cash on delivery (Note: COD payment is only possible for deliveries within Germany. In this case, additional costs of 6.66 euro are payable. These are listed separately in the acknowledgement of order. In addition, a forwarding fee of 2.00 euro will be charged by the delivery service DHL (not charged if the parcel cannot be delivered) which the customer has to pay directly to the delivery service).
6.1.1 For financing as a type of payment, the GTC of Santander Consumer Bank AG apply for the financing agreement. These may be viewed at www.santander.de.
With the credit finance payment method part deliveries are not possible. The earliest a delivery can occur is 16 days after the final credit commitment from the Santandar Bank (subject to availability).
6.1.2 With payment by invoice (not applicable for private customers), "Reuter Badshop" may carry out a credit assessment without explicit consent insofar as required in the legitimate interests of "Reuter Badshop" and on condition that the customer's right to DATA protection is not infringed.
6.2 The customer must pay the purchase price plus any costs for delivery and shipping at the latest 10 days after receipt of the demand for payment; receipt of payment by "Reuter Badshop" is decisive here. After the time limit has expired without receipt of payment, the customer is in default of payment without any further statement having to be made by the vendor.
6.2.1 A consumer must pay interest on the debt during the default period in the amount of 5 percentage points above the current base lending rate. Should the customer be an entrepreneur, "Reuter Badshop" shall charge interest on arrears in the amount of 8 percentage points above the current base lending rate.
6.2.2 "Reuter Badshop" retains the right to claim higher interest on arrears if it can prove that the damage incurred is higher.
§ 7 Right of retention
The customer may only claim a right of retention if his counterclaim is based on the same contractual relationship.
§ 8 Terms of delivery and shipment
8.1.1 Unless otherwise specified, the goods shall be delivered against advance payment and by mail. The goods shall be dispatched at the latest seven working days after receipt of the goods at the "Reuter Badshop" warehouse and after the purchase price plus shipping costs to be paid by the customer have been received by "Reuter Badshop".
8.1.2 The goods shall be placed in storage free of charge for max. 6 months. Thereafter, storage costs shall be charged.
8.2.1 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to him as soon as the shipment has been handed over to the person responsible for transportation.
8.2.2 With consumers, the risk of accidental loss and accidental deterioration of the goods in the event of mail-order purchase shall pass to the consumer when the goods are handed over to the consumer.
8.2.3 With respect to the assumption of risk, the terms are identical with those of handover if the customer defaults in accepting the delivery of goods.
8.3 The customer assures that he has given the correct and complete delivery address with his order. If additional shipment costs should be incurred on account of incorrect address data, for example if the shipment costs are incurred once more, these costs must be paid by the customer.
8.4 Unless otherwise specified, delivery shall be effected free kerbside.
§ 9 Retention of title
"Reuter Badshop" shall retain ownership of the goods until full payment has been made. If the customer should be an entrepreneur, "Reuter Badshop" shall retain ownership of the goods until all claims to which it is entitled against the buyer arising from the business relationship have been met.
§ 10 Warranty
10.1.1 If the customer is a consumer, he is entitled to subsequent performance if the goods are defective. This means that the consumer can choose between rectification of the defect or delivery of defect-free goods. "Reuter Badshop" is entitled to reject the chosen type of subsequent performance if this is only possible at an unreasonable price.
10.1.2 If subsequent performance fails, the customer, provided he is a consumer, can, at his discretion, demand reduction of the purchase price (abatement), withdrawal from the contract, damages or compensation for wasted expenditures, in accordance with statutory provisions. If he demands damages or compensation for wasted expenditures, "Reuter Badshop" is liable in accordance with § 12 of these terms and conditions.
10.2.1 If the customer is an entrepreneur, he must advise "Reuter Badshop" of obvious defects within 14 days of receipt of the goods, otherwise no warranty claims can be accepted. Notice of defects must be given in text form, that is, it must be sent to "Reuter Badshop" for example by letter, fax or e-mail. To meet the time limit, timely dispatch of the notice of defects is sufficient.
10.2.2 If the customer should be entitled to warranty claims, provided he is an entrepreneur, subsequent performance can be effected by rectification of the defect or through the delivery of new goods, at the discretion of "Reuter Badshop".
10.2.3 If and when the customer, regardless of whether consumer or entrepreneur, fails to realise, either through wilful intent or negligence, that the merchandise is in fact not defective or that the defect which has been determined cannot have occurred in an area under the control of the "Reuter Badshop" and nevertheless asserts rights under warranty, it is obligated to reimburse the "Reuter Badshop" for any and all costs incurred as a consequence of the unjustified request for remedy of defects.
10.3.1 The period of limitation for the rights of a consumer in the event of defects in new goods is two years, for the rights of an entrepreneur one year, in each case from the delivery of the goods. This related easing of the period of limitation does not apply if and to the extent that "Reuter Badshop" is liable in accordance with § 12 of these GTC or it concerns the right in rem of a third party, on the basis of which surrender of the delivery item may be demanded.
10.3.2 Insofar as used goods are sold and the customer is a consumer, the guarantee claims of the buyer come under the statute of limitations in one year from delivery of the goods. This disclaimer of warranties does not apply if and to the extent that "Reuter Badshop" is liable in accordance with § 12 of these GTC or it concerns the right in rem of a third party, on the basis of which surrender of the delivery item may be demanded.
10.3.3 An entrepreneur has no warranty claims with respect to used goods; this also applies for defects that have occurred after conclusion of the contract but before the passage of risk. This related easing of the period of limitation does not apply if and to the extent that "Reuter Badshop" is liable in accordance with § 12 of these GTC or it concerns the right in rem of a third party, on the basis of which surrender of the delivery item may be demanded.
10.4 The products marketed by us should be installed only by suitably qualified companies, and not by unqualified persons. If the products are not installed and/or used correctly, no claims can be accepted from any (manufacturer's) guarantee. No liability or warranty can be accepted for damage or defects resulting from incorrect installation and/or incorrect use of the sold products.
10.5 The rights of recourse of entrepreneurs as laid down in §§ 478, 479 German Civil Code (Bürgerliches Gesetzbuch, BGB) are not affected by the provisions of §§ 10.1 up to and including 10.4 of these GTC.
§ 11 Damage in transit
In the event of damage in transit, the customer shall support "Reuter Badshop" to the best of his ability, if claims are to be asserted against the transportation company or transportation insurance company concerned.
11.1 If the (partial) loss or damage is not externally apparent, the customer must advise "Reuter Badshop" of this within five days of delivery or the transportation company within seven days of delivery, in order to ensure that any claims against the transportation company are asserted in good time.
11.2 Any rights and claims by the customer, in particular his rights in the event of defects in the goods, remain unaffected by the provisions of § 11.1 of these GTC. For this reason, these do not contain any term of preclusion for the rights of the customer in accordance with § 10 of these GTC.
§ 12 Liability
12.1 In accordance with statutory provisions, "Reuter Badshop" accepts unlimited liability for damage arising from injury to life, body or health resulting from intentional or negligent breach of duty as well as for other damage resulting from intentional or grossly negligent breach of duty or fraudulence. Furthermore, "Reuter Badshop" accepts unlimited liability for damage covered by liability according to mandatory statutory provisions, for example the Product Liability Act, and in the event of the acceptance of guarantees.
12.2 For such damage, which is not covered by § 12.1 and which is caused by simple or slight negligence, "Reuter Badshop" accepts liability insofar as this negligence concerns the violation of contractual obligations the fulfilment of which is necessary for the contract to be performed and which the customer can generally rely on to be complied with (so-called cardinal obligations). In this case, the liability of "Reuter Badshop" is limited to typical contractual foreseeable damage.
12.3 In the event of slightly negligible violations of such contractual obligations, which are covered by neither § 12.1 nor § 12.2 (so-called minor contractual obligations), "Reuter Badshop" accepts liability vis-a-vis consumers; this is limited to typical contractual foreseeable damage.
12.4 No further liability can be accepted. Reference is hereby made to the liability limitations of § 10.4.
§ 13 Notes on the Battery Act
Since normal and rechargeable batteries may be included in the shipments, "Reuter Badshop" is obliged, in accordance with the Battery Act (BattG), to inform customers of the following: Normal and rechargeable batteries must not be disposed of in normal household waste. Customers are required by law to return used normal and rechargeable batteries. Old batteries may contain hazardous substances which may cause damage to the environment or to health if not stored or disposed of properly. However, batteries also contain important raw materials such as for example iron, zinc, manganese or nickel, and can be recycled. After use, customers may return the batteries to "Reuter Badshop" or return them free of charge in their immediate vicinity (e.g. to the trade or to municipal collection points or directly to "Reuter Badshop"). Returning batteries to points of sale is restricted to standard household quantities as well as to those types of used batteries which the vendor has or had in his range of goods.
The sign with the crossed-out waste bin indicates that batteries must not be disposed of in household waste. Under this sign the additional symbols listed below can be found, with the following meanings:
Pb: battery contains lead,
Cd: battery contains cadmium,
Hg: battery contains mercury
§ 14 Final provisions
14.1 The relations between the parties to the contract are governed by the laws applicable in the Federal Republic of Germany. For customers who conclude contracts concerning the delivery of movables for a purpose that cannot be assigned to the professional or commercial activity of the consumer, this choice of legal system only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the laws of the state in which the consumer has his normal place of residence.
14.2 The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are hereby excluded.
14.3 If the customer is a businessman, a legal entity under public law or a separate estate under public law, the place of fulfilment and jurisdiction for all disputes arising from this contractual relationship is the business location of "Reuter Badshop". The same applies in the event that if the customer is an entrepreneur, he should have no general place of jurisdiction in Germany, or in the event that the normal place of residence at the time of the filing of a suit is unknown. In these cases, the sole place of jurisdiction for all disputes arising from this contractual relationship is also the business location of "Reuter Badshop". This does not affect the authorisation to call a court at a different statutory place of jurisdiction.