Funded by the EFRE:
- Webshop adaption and programming- Integration in ERP-System
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Worldwide shipping
PAYMENT METHODS
Spezial-Websites
Clear summary of selected products:
Funded by the EFRE:
- Webshop adaption and programming1. Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of RICHTER & MENZEL GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. Conclusion of contract - Contract content
2.1 Our offers are free. We shall be entitled to accept the contract offered in the order of the customer within a reasonable period in the form of a written order confirmation, by means of accounting or by effecting the performance. The scope and content of the service due may only be amended or supplemented by written agreements. The conclusion of the contract is reserved for a proper and timely self-delivery by our supplier. If, after conclusion of the contract, circumstances become known which give reasoned doubts as to the creditworthiness of the customer, in particular in the case of an application for opening insolvency proceedings, we are entitled to withdraw from the contract. We accept guarantees only if expressly agreed.
2.2 The product descriptions contained in the online store of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.3 The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail, mail or online contact form.
2.4 The seller may accept the offer of the customer within five days,
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.5 If a payment method offered by PayPal is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_de or - if the Customer does not have a PayPal account - subject to the Terms for Payments without a PayPal account, available at https://www.paypal.com/cz/webapps/mpp/ua/privacywax-full?locale.x=en_CZ. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.
2.6 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.7 Before bindingly placing the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8 The German and English languages are available for the conclusion of the contract.
2.9 The order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. Prices - Terms of payment3.2 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
3.3 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
3.4 The payment option(s) will be communicated to the customer in the seller's online store.
3.5 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
3.6 If a payment method offered via the payment service "PayPal" is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If the seller also offers payment methods via PayPal, in which he makes advance payments to the customer (e.g. purchase on account or payment by installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in case of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the case of assignment of claims.
3.7 If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", must identify himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information on the "SOFORT" payment method is available to the customer on the Internet at https://www.klarna.com/pay-now/.
3.8 If a payment method offered via the payment service "mollie" is selected, the payment will be processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie will be communicated to the Customer in the Seller's online store. For the processing of payments, mollie may use other payment services, for which special payment conditions may apply, to which the Customer may be informed separately. More information about "mollie" is available online at https://www.mollie.com/en.
3.9 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 7 (seven) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store. The seller also reserves the right to conduct a credit check when selecting the payment method purchase on account and to reject this payment method in case of a negative credit check.
3.10 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store. The seller also reserves the right to conduct a credit check when selecting the payment method purchase on account and to reject this payment method in case of a negative credit check.
3.11 If the payment method SEPA direct debit is selected, the invoice amount shall be due for payment after a SEPA direct debit mandate has been issued, but not before expiry of the period for advance information. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for the pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the reversal of the respective credit institution if he is responsible for this.
4. Transfer of risk5.2 If the Seller offers to ship the goods, the delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing of the seller is decisive.
5.3 In the case of goods delivered by freight forwarding, delivery shall be made "free curbside", i.e. to the public curbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller's online store and unless otherwise agreed.
5.4 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event that the customer effectively exercises its right of revocation, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.
5.5 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass to the customer only upon delivery of the goods to the customer or a person authorized to receive the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named such person or institution to the customer.
5.6 The seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.7 If the Seller offers the goods for collection, the Customer may collect the ordered goods within the business hours indicated by the Seller at the address indicated by the Seller. In this case, no shipping costs will be charged.
6. Warranty9. cancellation policy for consumers according to § 13 BGB
9.1 Consumers according to § 13 BGB have a right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity.
9.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
9.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
10. Special conditions for the processing of goods according to certain specifications of the customer
10.1 If, according to the content of the contract, in addition to the delivery of the goods, the Seller is also obligated to process the goods according to certain specifications of the Customer, the Customer shall provide the Seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and shall grant the Seller the rights of use required for this purpose. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are violated thereby, in particular copyrights, trademark rights and personal rights.
10.2 The customer shall indemnify the seller against claims of third parties which these may assert against the seller in connection with an infringement of their rights by the contractual use of the customer's content by the seller. In this regard, the customer shall also assume the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
10.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.
11. Special conditions for assembly/installation services
If, according to the content of the contract, the Seller is also responsible for the assembly or installation of the goods at the Customer's premises and, if applicable, for the corresponding preparatory measures (e.g. measurement), the following shall apply:
11.1 The Seller shall provide its services, at its option, in its own person or by qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer shall not be entitled to select a specific person to perform the desired service.
11.2 The Customer shall provide the Seller with the complete and truthful information required for the provision of the owed service, unless the procurement of such information falls within the scope of the Seller's obligations according to the content of the contract.
11.3 The Seller shall contact the Customer after conclusion of the contract in order to arrange an appointment with the Customer for the service owed. The Customer shall ensure that the Seller or the personnel commissioned by the Seller have access to the relevant facilities of the Customer on the agreed date.
11.4 The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the customer until the assembly work has been completed and the goods have been handed over to the customer.
12. Special conditions for repair services
If, according to the content of the contract, the seller owes the repair of an item of the customer, the following shall apply to this:
12.1 Repair services shall be provided at the registered office of the Seller.
12.2 The Seller shall provide its services, at its option, in its own person or by qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer shall not be entitled to select a specific person to perform the desired service.
12.3 The Customer shall provide the Seller with all information required for the repair of the item, unless the procurement of such information falls within the scope of the Seller's obligations according to the content of the contract. In particular, the Customer shall provide the Seller with a comprehensive description of the defect and inform the Seller of all circumstances that may be the cause of the identified defect.
12.4 Unless otherwise agreed, the Customer shall ship the item to be repaired to the Seller's registered office at its own expense and risk. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller recommends the Customer to ship the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller shall inform the Customer immediately of any obvious transport damage so that the Customer can assert any rights it may have against the carrier.
12.5 The return of the item is at the expense of the customer. The risk of accidental loss and accidental deterioration of the item shall pass to the customer upon handover of the item to a suitable transport person at the seller's place of business. At the request of the customer, the seller will take out transport insurance for the item.
12.6 The Customer may also bring the item to be repaired to the Seller's place of business and collect it again from the Seller's place of business itself if this results from the Seller's service description or if the parties have reached an agreement to this effect. In this case, the aforementioned provisions on the bearing of costs and risks in the case of shipment and return shipment of the item shall apply accordingly.
12.7 The aforementioned provisions do not limit the customer's statutory rights for defects in the event of the purchase of goods from the seller.
12.8 The Seller shall be liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.
13. Redemption of promotional vouchers
13.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.
13.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.
13.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
13.4 Only one promotional voucher can be redeemed per order.
13.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
13.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
13.7 The balance of a promotional voucher is neither paid out in cash nor does it earn interest.
13.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
13.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
14. Applicable law - Jurisdiction - Place of performance
Excluding the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and other provisions of international private law, all legal relations between the contracting parties shall be subject exclusively to the law of the Federal Republic of Germany. In the case of contracts with a merchant, a legal person governed by public law or a public special fund, our place of business shall be deemed to be a court of jurisdiction. However, we reserve the right to use the customer's place of business by means of court proceedings. If the order confirmation does not contain a different statement, our place of business is also the place of performance.
15. Online Dispute Resolution Platform
As of 15 February 2016, the EU Commission will provide a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes related to their online ordering, initially without the involvement of a court of law. The dispute resolution platform is under the external link http://ec.europa.eu/consumers/odr/ reachable.
Our e-mail address can be found in our imprint. We are not obliged to participate in arbitration proceedings and unfortunately can not offer you participation in such a procedure.
Neukirchen, 01.06.2010