These General Terms and Conditions (hereinafter "GTC") of RETERNITY GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or business entity (hereinafter "Customer") with the Seller regarding 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.
A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2. Conclusion of Contract
The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve as a submission of a binding offer by the Customer.
The Customer can submit the offer through the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
The Seller may accept the Customer's offer within five days by sending a written order confirmation or a confirmation in text form (fax or email) to the Customer, with the receipt of the order confirmation by the Customer being decisive, or by delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive, or by requesting payment from the Customer after the Customer has placed the order. If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiration 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 is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
The Seller stores the text of the contract when an offer is submitted via the online order form and sends it to the Customer, along with these GTC, in text form (e.g., email, fax, or letter) after the Customer has placed the order. In addition, the text of the contract is archived on the Seller's website and can be retrieved by the Customer free of charge via their password-protected customer account, provided the Customer has created a customer account in the Seller's online shop before placing the order.
Before bindingly submitting the order via the online order form of the Seller, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
The contract can be concluded in both the German and English languages.
Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate, so that they can receive emails sent by the Seller. In particular, the Customer must ensure the delivery of emails sent by the Seller or by third parties commissioned by the Seller for order processing when using spam filters.
3. Right of Withdrawal
Consumers generally have a right of withdrawal.
Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
4. Prices and Payment Conditions
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 that may arise will be separately stated in the respective product description.
In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which the Customer must bear. These may include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers 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.
The payment option(s) will be communicated to the Customer in the Seller's online shop.
If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
5. Delivery and Shipping Conditions
The delivery of goods is made to the delivery address specified by the Customer by means of shipping, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the Seller's order processing is decisive. In the case of the payment method PayPal, the delivery address stored by the Customer at the time of payment with PayPal is decisive, deviating from this.
If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipping. This does not apply if the Customer effectively exercises their right of withdrawal, if they are not responsible for the circumstance that led to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the Seller announced the service to the Customer a reasonable time in advance.
Self-collection is not possible for logistical reasons.
6. Retention of Title
If the Seller makes advance payments, they reserve ownership of the delivered goods until the purchase price owed has been paid in full.
If the purchased item is defective, the statutory warranty provisions apply.
The Customer is requested to complain to the deliverer about obvious transport damages and to inform the Seller of this. If the Customer fails to do so, this has no effect on their legal or contractual warranty claims.
8. Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
9. Place of Jurisdiction
If the Customer is acting as a merchant, legal entity under public law, or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer's registered office is outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In such cases, however, the Seller is also entitled to bring legal action at the Customer's general place of jurisdiction.
10. Alternative Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
As of: May 2023