General Terms and Conditions
- 1 Scope of application, contract language
(1) These terms and conditions (GTC) apply to the contracts concluded between you and us, Rheinwalt GmbH, Grubenhof 5, 67433 Neustadt an der Weinstraße via this online shop.
(2) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.
- 2 Applicable law, mandatory consumer protection regulations
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if
(a) you have your habitual residence in Germany, or
(b) your habitual residence is in a state which is not a member of the European Union.
In the event that you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
- 3 Conclusion of the contract
(1) The presentation of goods and services in our online shop does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).
(2) By clicking the "Order subject to payment" button in the last step of the ordering process, you make a binding offer to purchase or book the goods and/or services displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, which, however, does not constitute an acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order and/or booking by means of a separate e-mail or send the goods for dispatch. Please check the SPAM folder of your e-mail inbox regularly.
- 4 Technical steps up to the conclusion of the contract and correction of input errors
As part of the ordering process, you first place the desired goods or services in the shopping basket. There you can change the desired number of items at any time or remove selected goods or services completely. If you have placed goods or services in the shopping basket, clicking on the "Continue" buttons will take you to a page where you can enter your data and then select the shipping and payment method. Finally, an overview page opens where you can check your details. You can correct your input errors (e.g. regarding payment method, data or the desired number of items) by clicking on "Edit" in the respective field. If you wish to cancel the ordering process completely, you can simply close your browser window. Otherwise, after clicking the confirmation button "Order with obligation to pay", your declaration becomes binding within the meaning of § 3 para. 2 of these GTC.
- 5 Storage of the contract text
The contractual provisions with details of the ordered goods and/or booked services, including these General Terms and Conditions and the cancellation policy, will be sent to you by e-mail upon acceptance of the contractual offer or upon notification thereof. We do not store the terms of the contract.
- 6 Registration in our online shop; processing of your personal data
(1) You can order goods or services in our online shop as a guest or as a registered user. As a registered user, you do not have to provide your personal data each time, but you can simply log in to your customer account with your e-mail address and the password freely chosen by you during registration before or during an order. Registration alone does not constitute any obligation to purchase any of the goods offered by us. For information on the processing of your data, please read our data protection information. When you register, you choose a personal user name and password.
- 7 Terms of payment
The purchase price is due immediately with the order. Payment of the goods is made via Paypal and on account. Our bank details are:
Vereinigte VR Bank Kur- und Rheinpfalz eG
IBAN: DE 1354790000179604
SWIFT Code: GENODE61SPE
Reason for payment: LH Cargo Fanshop + order number
- 8 Retention of title
The goods remain our property until full payment has been received.
- 9 Terms of delivery
We deliver the goods according to the agreements made with you. Any shipping costs incurred are listed in the product description and will be shown separately on the invoice.
- 10 Right of withdrawal
As a consumer, you are entitled to a right of withdrawal in accordance with the instructions listed in the appendix. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
- 11 Warranty for purchases of goods
(1) Insofar as the goods purchased and delivered in our online shop are defective, you are entitled within the framework of the statutory provisions to demand subsequent performance, to withdraw from the contract or to reduce the purchase price.
(2) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects which we have fraudulently concealed shall become statute-barred within the regular limitation period.
(3) In addition, you shall also be entitled to rights due to defects within the scope of a quality and/or durability guarantee, provided that we have expressly issued such a guarantee with regard to the item sold in the individual case.
- 12 Limitation of liability
We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations the fulfilment of which is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which you as the customer may regularly rely on. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. The same applies to breaches of duty by our vicarious agents.
The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
- 13 Place of jurisdiction; online dispute resolution and alternative dispute resolution; severability clause
(1) If you were domiciled or habitually resident in Germany at the time of conclusion of the contract and have either moved out of Germany at the time we file an action or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes is the registered office of our company in Neustadt/Wstr.
(2) The European Commission provides a platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/. Our e-mail address is: lufthansa@rheinwalt.eu.
(3) We are not obliged or willing to participate in a dispute resolution procedure in accordance with the Consumer Dispute Resolution Act (VSBG).
(4) Should individual provisions of this contract be invalid, this shall not affect the rest of the contract.
Appendix
Consumer information and cancellation policy
If you order goods when visiting our online shop, we would like to point out the following:
(1) The language available for the conclusion of the contract is exclusively German. Translations into other languages are for information purposes only. In the event of contradictions, the German text shall take precedence.
(2) The essential features of the goods and services offered by us as well as the period of validity of limited offers can be found in the individual product descriptions within the scope of our Internet offer.
(3) The presentation of our goods does not constitute a binding offer on our part. Only the order of goods by you is a binding offer according to § 145 BGB. In the event of acceptance of this offer, we will send you an order confirmation by e-mail or dispatch the goods. This concludes the purchase contract between you and us.
(4) You can identify any input errors when placing your order during the final confirmation before checkout and correct them at any time using the delete and change function before sending the order.
(5) If the goods ordered by you are not available, we reserve the right not to provide the service, in which case we will inform you of this immediately before the contract is concluded.
(6) The prices stated by us are final prices including taxes. The shipping costs are shown separately with the respective products and in the order overview.
(7) The purchase price is due immediately upon ordering. Payment of the goods shall be made at your option by bank transfer or via our payment service provider PayPal. Our bank details are
(8) We would like to point out that, in addition to the ordinary legal process, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr.
Our e-mail address is: lufthansa@rheinwalt.eu
We point out in accordance with § 36 VSBG that we are not obliged to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.
(9) The data required for the processing of the contract between you and us will be stored by us and will be accessible to you at all times. In this respect, we refer to the data protection regulation in our GTC.
(10) For the rest, we refer to our General Terms and Conditions.
Rheinwalt GmbH
Grubenhof 5
67433 Neustadt an der Weinstraße
67433 Neustadt an der Weinstraße
Managing directors: Thomas Rheinwalt and Simon Rheinwalt
Telephone: 06321 | 39009-0
Fax:06321 | 39009-25
E-mail: info[at]rheinwalt.eu
Register court: Ludwigshafen/Rhine
Registration number: HRB 42286
Sales tax identification number according to §27 a sales tax law: DE 171 708 103
Cancellation policy
The right of revocation applies exclusively to consumers in accordance with § 13 BGB (German Civil Code). A consumer is any natural person who enters into a legal transaction for a purpose that is neither commercial nor self-employed.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of cancellation, you must send us, the
RHEINWALT GmbH
Grubenhof 5
67433 Neustadt
Germany
Email: lufthansa@rheinwalt.eu
Phone +49 (0)6321 - 390090,
by means of a clear declaration (e.g. a letter or email sent by post) of your decision to revoke this contract.
You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the sooner
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
To RHEINWALT GmbH, Grubenhof 5, 67433 Neustadt, Email: lufthansa@rheinwalt.eu:
I/we ( *) hereby revoke the contract concluded by me/us ( *) for the purchase of the following goods ( *)/the provision of the following service ( *).
Ordered on ( *)/received on ( *)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date
__________
( *) Delete where inapplicable.