General Terms & Conditions of Business
GTC for the online shop of RCP-Technik GmbH & Co. KG
1.1. The following General Terms & Conditions of Contract (GTC) apply to all contracts concluded with the customer (hereinafter: CUSTOMER) via the online shop of RCP-Technik GmbH & Co. KG, Tarpen 40, Gebäude 7b, 22419 Hamburg (hereinafter: SELLER) under the domain www.rollei.de.
1.2. The SELLER will not accept differing general terms & conditions of the CUSTOMER unless the SELLER has expressly agreed to them in writing.
2. Conclusion of contract
2.1. By clicking on the relevant button, the CUSTOMER can place the desired product in the shopping cart and then click on “Go to checkout” to initiate the ordering process. During the ordering process, the CUSTOMER has to enter the contact data necessary for shipping and payment and complete the order by clicking on “Confirm and pay”.
2.2. The CUSTOMER can correct input errors, especially products placed in the shopping cart by mistake, via the field for the quantity ordered in the shopping cart and the buttons there. During the ordering process, the CUSTOMER can correct input errors in the various steps by navigating to the step concerned using the “Next” and “Back” buttons.
2.3. The presentation of the products in the SELLER’s online shop represents a non-binding call on the CUSTOMER to order. By way of ordering, the CUSTOMER is issuing a binding offer to conclude a contract for the products contained in the shopping cart. The SELLER will automatically confirm receipt of the order without delay by e-mail. The contractual relationship comes about through that automated order acknowledgment.
2.4. The purchase contract comes about with RCP-Technik GmbH & Co. KG, Tarpen 40, Gebäude 7b, 22419 Hamburg.
2.5. Contract language is German.
3. Saving of contract text
The contract text will be saved by the SELLER. The order data will be sent to the CUSTOMER separately in text form (e-mail). The GTC can also be called up and printed out in the online shop.
4. Right to revoke
Under the provisions of distance-selling law, the CUSTOMER is accorded a right to revoke, by which the declaration of contract can be revoked as explained below:
Explanation of your right to revoke
You can revoke your declaration of contract with 14 days without giving reasons in text form (e.g. by letter, fax or e-mail) or – if the item has been delivered to you before that period expires – by returning the item. The period begins upon receipt of this information in text form, but not before receipt of the item by the recipient (with repeat deliveries of similar items not before receipt of the first partial delivery) and also not before we have fulfilled our duties to inform pursuant to article 246 (2) in conjunction with section 1 (1) and (2) of the Act Introducing the German Civil Code (EGBGB) and our duties pursuant to section 312g (1), first sentence, German Civil Code (BGB). Timely despatch of your revocation or the item suffices to comply with the deadline for revocation. Revocation should be addressed to:
RCP-Technik GmbH & Co.KG
Tarpen 40, Gebäude 7b
Fax: +49 (0)40/7 97 55 71 60
Consequences of revocation:
In the event of effective revocation, the considerations received on each side must be returned and any benefits accrued (e.g. interest) surrendered. If you are unable to return the consideration received and any benefits accrued (e.g. benefits accrued through use of the item) or only in part or in impaired condition, you must pay us compensation for the value to that extent. You must pay us compensation for the impaired condition of the item and benefits accrued only to the extent the use thereof and the impairment of its condition can be attributed to use of the item extending beyond testing of its properties and functions. “Testing its properties and functions” means testing and trying out the goods concerned as is possible and customary in a shop for example. Items suitable for sending as parcels should be returned at our expense and risk. Items unsuitable for sending as parcels will be collected from you. Obligations to refund payments must be met within 30 days. For you, that period begins when you send your revocation or the item, and for us on receipt thereof.
- End of information on revocation -
Note: Where possible, the goods should be returned in their original packaging with all accessories and elements of packaging. If the original packaging is no longer available, please package the item carefully to guarantee adequate protection against any transport damage. Please avoid any damage or soiling of the item to be returned. We would point out that your right to revoke and the consequences thereof apply regardless of your compliance with these instructions. They serve merely to facilitate returns.
5. Prices and shipping costs
5.1. The prices valid on the day of ordering, as displayed in the online shop, apply.
5.2. The prices displayed in the online shop are quoted in Euros and include the statutory value-added tax.
5.3. The prices displayed in the online shop do not include the costs for posting and packaging. The shipping costs are calculated dynamically during the ordering process and displayed in the shopping cart overview before you place your order.
5.4. For all orders/deliveries outside Germany, a flat-rate shipping charge will be calculated based on the shipping costs table that you can retrieve in the online shop. The flat-rate shipping charge for shipments outside Germany can also be seen in the shopping cart before you send your order.
5.5. In individual cases of cross-border deliveries, the CUSTOMER may need to pay further taxes (e.g. in the case of an intra-community purchase) and/or levies (e.g. customs duties).
6. Payment terms
6.1. The SELLER accepts only the methods of payment offered in the online ship during the ordering process. The CUSTOMER selects his or her preferred mode of payment among the methods of payment available.
6.2. To the extent any delivery is offered against payment in advance by bank transfer, the CUSTOMER must remit the payment of the purchase price plus any delivery and shipping costs to the SELLER before delivery. Delivery takes place after receipt of the full invoice amount on the SELLER’s account.
6.3. To the extent delivery is offered and takes place against cash on delivery, the CUSTOMER must pay the purchase price and any delivery and shipping costs in cash to the transport company carrying out the delivery at the time of delivery. The cash on delivery charge is shown with the list of shipping costs.
6.4. To the extent delivery is offered against payment by credit card, the CUSTOMER, by entering his or her credit card details, issues his or her authorisation to charge the full invoice amount, including any delivery and shipping costs incurred, via the credit card company concerned. In that case, the charging is initiated with the order acknowledgement.
6.5. To the extent any payment takes place via PayPal, the CUSTOMER must possess a PayPal account and legitimate himself with his logon data. The CUSTOMER must then go through the PayPal payment process and confirm payment to the SELLER.
7. Terms & conditions of delivery and shipment
7.1. Unless otherwise agreed with the CUSTOMER, the goods will be delivered to the delivery address given by the CUSTOMER in the order.
7.2. Items purchased by the CUSTOMER will be shipped immediately upon receipt of the payment (credited to the SELLER’s business account), but at the latest within three working days of receipt of payment except where a shorter or longer delivery time is explicitly stated in connection with the specific product.
7.3. In the event of delivery to a merchant, the risk of coincidental loss or deterioration of the item sold passes to the merchant upon handover to the merchant itself or to a person authorised to take delivery, and in the case of purchase via mail order upon handover of the goods to a suitable carrier. With deliveries to consumers, the risk of coincidental loss or deterioration of the item sold pursuant to section 446 BGB passes to the consumer upon handover of the goods to him or her. With regard to the bearing of risk, the goods shall be deemed delivered even if the CUSTOMER goes into arrears with acceptance.
7.4. Orders and deliveries are offered only in and to Germany, as well as the countries indicated in the online shop and/or the table of shipping costs.
7.5. The SELLER will inform the CUSTOMER forthwith in the event of delivery delays.
8. Reservation of title
The SELLER reserves title to the items sold until full payment of the purchase price.
9.1. The rights in the event of defects on the item sold are based on the provisions of law. There is no guarantee in the event of damage caused by improper use, installation or treatment of the item. The same applies to so-called wear & tear.
9.2. If the CUSTOMER is ordering in his capacity as a merchant, visible defects must be reported within a period of two weeks from receipt of the goods via the contact data listed above. Otherwise, any assertion of guarantee rights is precluded. Timely despatch of the defect report suffices to comply with that period.
10.1. Outside guarantee law, the CUSTOMER’s rights to compensation for damages or reimbursement of expenses incurred in vain versus the SELLER shall be based on these provisions regardless of the legal nature of the claim.
10.2. The SELLER’s liability – on whatever legal grounds – shall be precluded, except where the cause of the damage is based on malicious intent and/or gross negligence on the part of the SELLER, its employees, its representatives or its vicarious agents. To the extent the SELLER’s liability is precluded or limited, that shall also apply to the personal liability of employees, representatives or vicarious agents of the SELLER. The SELLER’s liability under the [German] Product Liability Act (ProdHG) remains unaffected (§ 14 ProdHG).
10.3. The SELLER shall be liable as provided for by law for damages ensuing from injury to life, limb or health based on any deliberate, grossly negligent or negligent breach of duty by the SELLER or any legal representative or vicarious agent.
10.4. To the extent the SELLER has, at least negligently, breached a material contractual duty, thus a duty of which adherence thereto is of particular significance in achieving the purpose of contract (material contractual duty or cardinal duty), the liability shall be limited to the damages typically caused, thus to such damages one must typically expect within the context of the contract. A significant or cardinal duty as defined above is any such duty, the fulfilment of which makes proper fulfilment of this contract possible in the first place and for which the CUSTOMER normally relies and may rely on adherence to it.
11. Information on the Batteries Act
In connection with the sale of batteries, the SELLER as manufacturer is required by the [German] Batteries Act to inform the CUSTOMER of the following:
11.1. As a manufacturer within the meaning of the Batteries Act, the SELLER has affiliated itself pursuant to § 6 BatterieG with the national returns system. After use, therefore, the CUSTOMER can hand in batteries at our shipping centre (RCP Service-Center, Denisstrasse 28a, D- 67663 Kaiserslautern) free of charge or return them to that address by post after affixing sufficient postage. Alternatively, collection boxes of the national returns system are located in shops. Municipal waste disposal centres also offer disposal free of charge.
11.2. Batteries may not be disposed of in household waste. Under the Batteries Act, the CUSTOMER as end-user is required by law to dispose of used batteries properly. Batteries containing hazardous substances are identified with the symbol of a garbage bin crossed through and the chemical symbol of the hazardous substance concerned (e.g. Cd for cadmium, Pb for lead, Hg for mercury).
12. Data storage and data protection
The provisions of the Privacy Statement under data protection law on the internet site www.rollei.de apply exclusively.
13. Closing provisions
13.1. The law of the Federal Republic of Germany shall apply under exclusion of UN purchasing law.
13.2. For consumers concluding the contract for other than professional or commercial purposes, the above choice of law applies only to the extent that the protection granted is not overruled by compelling provisions of the law of the state in which the consumer has his normal abode.
13.3. If the CUSTOMER is a merchant, a legal entity under public law or a separate asset under public law (öffentlich-rechtliches Sondervermögen), the exclusive place of jurisdiction for all disputes ensuing from this Agreement is the SELLER’s principal place of business in Hamburg.
13.4. The same applies if the CUSTOMER is an entrepreneur and has no general place of jurisdiction in Germany, or its domicile or normal abode is not known at the time of filing suit. This shall not affect the SELLER’s right to file suit before court at another statutory place of jurisdiction.
Last revised: 10 January 2014