General Terms & Conditions
of:
Rewald GmbH
Richard-Wagner-Str. 51, 10585 Berlin, Germany
Tel.: +49 30 2000 578 80
Fax: +49 30 2000 578 99
Email: vertrieb@rewald.eu
1. General
1.1. Rewald GmbH, hereinafter referred to as “Rewald”, offers products for sale to buyers via the online shop rewald.eu.
1.2. The following terms and conditions (T&Cs) apply for all business relations between the buyer and Rewald which are established via the online shop.
1.3. These terms and conditions apply to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) as well as within the meaning of Section 13 of the German Civil Code for consumers A consumer is any natural person who enters into a legal transaction which is predominantly not attributed to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person, or a company with legal personality, who or which exercises a commercial or self-employed professional activity when the legal transaction is entered into.
2. Offer, acceptance and conclusion of contract
2.1. The product descriptions contained in the seller’s online shop do not represent a binding offer on the part of Rewald; instead they are used by the buyer to submit a binding offer.
2.2. The buyer can initially add the seller’s products into the basket without commitment and correct his personal inputs and information at any time before submitting his binding order.
2.3. The basket can be amended at any time before the order process is complete using the navigation bar. The buyer has the possibility of performing a final check of all information before the final submission of the order. Any input errors are displayed; the buyer is asked to correct the respective input fields. Furthermore, the buyer also has the possibility of interrupting the purchase at any time by leaving the website of the online shop. The order is submitted at the end of the online order process by clicking the “Order with obligation to pay” button.
2.4. The point at which the contract with Rewald is entered into depends on the type of payment method that you choose:
Invoice:
Rewald accepts the buyer’s order by sending an order confirmation in a separate email or by dispatching the goods.
PayPal:
The buyer is forwarded to the website of online payment provider PayPal during the order process. The buyer can enter his payment data here and confirm the payment instruction to PayPal. After the order is submitted in the shop, PayPal is asked by Rewald to start the payment transaction and with this Rewald accepts the buyer’s offer.
Credit card:
After submitting the order, the buyer is asked to enter his credit card details on the website and the credit card company checks the authorisation. After the cardholder completes the corresponding authentication step, the payment process is automatically started and the credit card of the buyer is debited when the order is submitted. The contract with Rewald is entered into at the moment in which the buyer’s credit card is debited.
2.5. If an order cannot be accepted for any reason, Rewald informs the buyer of this immediately. Payments that have already been made by the buyer are immediately refunded by Rewald in this case.
3. Shipment
(1) When goods are shipped to the buyer, the risk passes to the entrepreneur with the transfer of goods to the transport company and to consumers with the transfer of the goods by the transport company to the buyer.
(2) If the performance is not possible for Rewald, unless Rewald is responsible for failure to deliver, for example due to force majeur, the buyer’s claim to the performance is waived. In these cases, Rewald cancels the order, immediately informs the buyer of the cancellation and immediately repays the contributions made for the purchase price to the buyer.
4. Delivery conditions
Shipment costs are added to the indicated product prices. If the buyer delays acceptance or culpably violates other duties to cooperate, we are entitled to request compensation for any such damage incurred by us including any additional expenses. The right to make further claims is reserved.
In theory, the buyer has the option of collection at Rewald, Hafenstr. 1, 16727 Velten, Germany during business hours between 8 am and 4 pm.
Rewald does not deliver to packing stations.
5. Payment conditions and prices
5.1. The prices indicated by Rewald are total prices and include statutory VAT. Any additional delivery, packaging and shipment costs are indicated separately in the basket or order confirmation.
5.2. Except in cases of advance payment, the purchase price is due on delivery of the object of purchase and receipt of the invoice.
The following payment methods are available to the buyer in the Rewald shop:
Invoice:
The buyer pays the invoice amount after the goods are received and the invoice via transfer to Rewald’s bank account. Rewald reserves the right to offer purchases on account only after a credit check is passed successfully.
PayPal:
The buyer is forwarded to the website of payment provided PayPal during the order process. To be able to pay the invoice amount via PayPal, the buyer must register with or log in to the PayPal website and confirm the payment instruction to Rewald. After submitting the order, Rewald asks PayPal to start the payment transaction. This is done by PayPal immediately. The buyer receives additional instructions during the order process.
Credit card:
When submitting the order, the buyer provides his credit card details. After successful authentication the payment transaction is made automatically, debiting the credit card.
5.3. If the order confirmation does not indicate otherwise, the purchase price is payable within 10 days with 2% discount or 30 days from invoicing which occurs on the day the goods are shipped. Default interest is calculated in the amount of 3% above the p.a. basic interest rate. We reserve the right to claim for higher damage caused by delay.
6. Minimum order value
The minimum order value is €50 (except for adhesives and wear gauges).
7. Transport damage
7.1. The following applies to consumers: In the event of transport damage, the buyer supports Rewald as best possible, if and to the extent which claims are made against the transport company or transport insurance concerned. If the (partial) loss or damage can be identified immediately externally, the buyer must report this to Rewald within ten days of delivery and ensure that any claims against the transport company can be made promptly. Any rights and claims of the buyer, particularly his rights in case of faults, remain unaffected by these regulations. These therefore do not include a cut-off period for the buyer’s rights in accordance with Clause 9 of these terms and conditions.
7.2. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to the entrepreneur as soon as Rewald has handed over the item to the carrier, freight forwarder or other specific person or company assuring the shipment. The inspection and notification duty stipulated in Section 377 of the German Commercial Code applies between merchants. If the buyer fails to provide notification as stipulated in the Code, the goods are considered accepted, unless a fault that could not be identified when inspected is concerned. This does not apply for fraudulent withholding by Rewald.
8. Retention of title
8.1. Rewald reserves the right, in relation to consumers, to retain ownership of sold items until the purchase price is paid in full; in relation to entrepreneurs, Rewald retains ownership until all receivables from the ongoing business relationship are paid in full.
8.2. The buyer is obliged to carefully handle reserved goods.
8.3. During the retention of title period, the buyer is obliged to grant Rewald third-party access to the goods and to communicate any damage or destruction of the goods immediately and to provide all information and documents that are required to safeguard the rights of the owner.
9. Warranty and guarantee conditions
The warranty of fitness and title is in accordance with the provisions listed below. Any questions and/or claims must be addressed to the Rewald contact details listed above.
9.1. Legal warranty rights apply; wear and tear is not covered by this.
9.2. In general, Rewald does not issue guarantees; declarations of guarantee from third-parties such as manufacturer guarantees remain unaffected by this.
10. Limitation of liability
10.1. In accordance with the legal provisions, Rewald is liable without limitation for damages resulting from loss of life, personal injury or damage to health, due to intentional or negligent breach of duty and other damages due to intentional or negligent breach of duty and malice. What’s more, Rewald is liable without limitation for damages covered by liability in accordance with mandatory legal provisions such as in the German Product Liability Act.
10.2. For damages caused by simple or minor negligence, Rewald is liable insofar as this negligence concerns the breach of such contractual duties for which compliance is of particular importance in achieving the purpose of the contract (cardinal obligations). Reward’s liability is therefore limited to average damages that are foreseeable, direct and typical for the contract.
10.3. In the event of ordinary or slightly negligent violations of insignificant contractual duties, Reward is liable to consumers, however this is limited to average damages that are foreseeable, direct and typical for the contract.
11. Complaints procedure
11.1. EU Commission platform for online dispute resolution: www.ec.europa.eu/consumers/odr
11.2. The seller is neither willing nor obligated to participate in a dispute resolution process before a consumer arbitration board.
12. Final provisions
12.1. The contract language is German or English.
12.2. Own saving of the contract text
We do not save the contract text. However, the buyer is able to view his most recent orders using his customer account. The full contract text is not accessible here.
12.3. German law applies to the legal relationship between Rewald and the buyer, provided that this does not infringe the domestic law of the buyer.
12.4. If the buyer is a merchant, legal person under public law or special fund under public law, the sole place of jurisdiction for all disputes under this contract is Rewald’s registered office. The same applies if the buyer has no general place of jurisdiction in Germany or the place of residence or habitual residence are unknown at the point the complaint is filed. The right to also call upon a court in another legal place of jurisdiction remains unaffected by this.
Rewald GmbH
Richard-Wagner-Str. 51, 10585 Berlin, Germany
Tel.: +49 30 2000 578 80
Fax: +49 30 2000 578 99
Email: vertrieb@rewald.eu
1. General
1.1. Rewald GmbH, hereinafter referred to as “Rewald”, offers products for sale to buyers via the online shop rewald.eu.
1.2. The following terms and conditions (T&Cs) apply for all business relations between the buyer and Rewald which are established via the online shop.
1.3. These terms and conditions apply to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) as well as within the meaning of Section 13 of the German Civil Code for consumers A consumer is any natural person who enters into a legal transaction which is predominantly not attributed to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person, or a company with legal personality, who or which exercises a commercial or self-employed professional activity when the legal transaction is entered into.
2. Offer, acceptance and conclusion of contract
2.1. The product descriptions contained in the seller’s online shop do not represent a binding offer on the part of Rewald; instead they are used by the buyer to submit a binding offer.
2.2. The buyer can initially add the seller’s products into the basket without commitment and correct his personal inputs and information at any time before submitting his binding order.
2.3. The basket can be amended at any time before the order process is complete using the navigation bar. The buyer has the possibility of performing a final check of all information before the final submission of the order. Any input errors are displayed; the buyer is asked to correct the respective input fields. Furthermore, the buyer also has the possibility of interrupting the purchase at any time by leaving the website of the online shop. The order is submitted at the end of the online order process by clicking the “Order with obligation to pay” button.
2.4. The point at which the contract with Rewald is entered into depends on the type of payment method that you choose:
Invoice:
Rewald accepts the buyer’s order by sending an order confirmation in a separate email or by dispatching the goods.
PayPal:
The buyer is forwarded to the website of online payment provider PayPal during the order process. The buyer can enter his payment data here and confirm the payment instruction to PayPal. After the order is submitted in the shop, PayPal is asked by Rewald to start the payment transaction and with this Rewald accepts the buyer’s offer.
Credit card:
After submitting the order, the buyer is asked to enter his credit card details on the website and the credit card company checks the authorisation. After the cardholder completes the corresponding authentication step, the payment process is automatically started and the credit card of the buyer is debited when the order is submitted. The contract with Rewald is entered into at the moment in which the buyer’s credit card is debited.
2.5. If an order cannot be accepted for any reason, Rewald informs the buyer of this immediately. Payments that have already been made by the buyer are immediately refunded by Rewald in this case.
3. Shipment
(1) When goods are shipped to the buyer, the risk passes to the entrepreneur with the transfer of goods to the transport company and to consumers with the transfer of the goods by the transport company to the buyer.
(2) If the performance is not possible for Rewald, unless Rewald is responsible for failure to deliver, for example due to force majeur, the buyer’s claim to the performance is waived. In these cases, Rewald cancels the order, immediately informs the buyer of the cancellation and immediately repays the contributions made for the purchase price to the buyer.
4. Delivery conditions
Shipment costs are added to the indicated product prices. If the buyer delays acceptance or culpably violates other duties to cooperate, we are entitled to request compensation for any such damage incurred by us including any additional expenses. The right to make further claims is reserved.
In theory, the buyer has the option of collection at Rewald, Hafenstr. 1, 16727 Velten, Germany during business hours between 8 am and 4 pm.
Rewald does not deliver to packing stations.
5. Payment conditions and prices
5.1. The prices indicated by Rewald are total prices and include statutory VAT. Any additional delivery, packaging and shipment costs are indicated separately in the basket or order confirmation.
5.2. Except in cases of advance payment, the purchase price is due on delivery of the object of purchase and receipt of the invoice.
The following payment methods are available to the buyer in the Rewald shop:
Invoice:
The buyer pays the invoice amount after the goods are received and the invoice via transfer to Rewald’s bank account. Rewald reserves the right to offer purchases on account only after a credit check is passed successfully.
PayPal:
The buyer is forwarded to the website of payment provided PayPal during the order process. To be able to pay the invoice amount via PayPal, the buyer must register with or log in to the PayPal website and confirm the payment instruction to Rewald. After submitting the order, Rewald asks PayPal to start the payment transaction. This is done by PayPal immediately. The buyer receives additional instructions during the order process.
Credit card:
When submitting the order, the buyer provides his credit card details. After successful authentication the payment transaction is made automatically, debiting the credit card.
5.3. If the order confirmation does not indicate otherwise, the purchase price is payable within 10 days with 2% discount or 30 days from invoicing which occurs on the day the goods are shipped. Default interest is calculated in the amount of 3% above the p.a. basic interest rate. We reserve the right to claim for higher damage caused by delay.
6. Minimum order value
The minimum order value is €50 (except for adhesives and wear gauges).
7. Transport damage
7.1. The following applies to consumers: In the event of transport damage, the buyer supports Rewald as best possible, if and to the extent which claims are made against the transport company or transport insurance concerned. If the (partial) loss or damage can be identified immediately externally, the buyer must report this to Rewald within ten days of delivery and ensure that any claims against the transport company can be made promptly. Any rights and claims of the buyer, particularly his rights in case of faults, remain unaffected by these regulations. These therefore do not include a cut-off period for the buyer’s rights in accordance with Clause 9 of these terms and conditions.
7.2. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to the entrepreneur as soon as Rewald has handed over the item to the carrier, freight forwarder or other specific person or company assuring the shipment. The inspection and notification duty stipulated in Section 377 of the German Commercial Code applies between merchants. If the buyer fails to provide notification as stipulated in the Code, the goods are considered accepted, unless a fault that could not be identified when inspected is concerned. This does not apply for fraudulent withholding by Rewald.
8. Retention of title
8.1. Rewald reserves the right, in relation to consumers, to retain ownership of sold items until the purchase price is paid in full; in relation to entrepreneurs, Rewald retains ownership until all receivables from the ongoing business relationship are paid in full.
8.2. The buyer is obliged to carefully handle reserved goods.
8.3. During the retention of title period, the buyer is obliged to grant Rewald third-party access to the goods and to communicate any damage or destruction of the goods immediately and to provide all information and documents that are required to safeguard the rights of the owner.
9. Warranty and guarantee conditions
The warranty of fitness and title is in accordance with the provisions listed below. Any questions and/or claims must be addressed to the Rewald contact details listed above.
9.1. Legal warranty rights apply; wear and tear is not covered by this.
9.2. In general, Rewald does not issue guarantees; declarations of guarantee from third-parties such as manufacturer guarantees remain unaffected by this.
10. Limitation of liability
10.1. In accordance with the legal provisions, Rewald is liable without limitation for damages resulting from loss of life, personal injury or damage to health, due to intentional or negligent breach of duty and other damages due to intentional or negligent breach of duty and malice. What’s more, Rewald is liable without limitation for damages covered by liability in accordance with mandatory legal provisions such as in the German Product Liability Act.
10.2. For damages caused by simple or minor negligence, Rewald is liable insofar as this negligence concerns the breach of such contractual duties for which compliance is of particular importance in achieving the purpose of the contract (cardinal obligations). Reward’s liability is therefore limited to average damages that are foreseeable, direct and typical for the contract.
10.3. In the event of ordinary or slightly negligent violations of insignificant contractual duties, Reward is liable to consumers, however this is limited to average damages that are foreseeable, direct and typical for the contract.
11. Complaints procedure
11.1. EU Commission platform for online dispute resolution: www.ec.europa.eu/consumers/odr
11.2. The seller is neither willing nor obligated to participate in a dispute resolution process before a consumer arbitration board.
12. Final provisions
12.1. The contract language is German or English.
12.2. Own saving of the contract text
We do not save the contract text. However, the buyer is able to view his most recent orders using his customer account. The full contract text is not accessible here.
12.3. German law applies to the legal relationship between Rewald and the buyer, provided that this does not infringe the domestic law of the buyer.
12.4. If the buyer is a merchant, legal person under public law or special fund under public law, the sole place of jurisdiction for all disputes under this contract is Rewald’s registered office. The same applies if the buyer has no general place of jurisdiction in Germany or the place of residence or habitual residence are unknown at the point the complaint is filed. The right to also call upon a court in another legal place of jurisdiction remains unaffected by this.