Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Conditions for the Processing of Goods According to Specific Customer Instructions
10. Redemption of Gift Vouchers
11. Applicable Law
12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “T&C”) of Robert Reusrath, trading as “Reusrath & Söhne” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own conditions is hereby objected to unless otherwise agreed.

1.2 These T&C shall apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

1.4 An entrepreneur within the meaning of these T&C is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer may submit the offer via 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 contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the order process. The Customer may also submit the offer to the Seller by e-mail, via the online contact form or by telephone.

2.3 The Seller may accept the Customer’s offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer 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 a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered via PayPal is selected, payment processing is carried out 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/legalhub/paypal/useragreement-full 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/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method selectable in the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time when the Customer clicks the button completing the order process.

2.5 If the payment method “Amazon Payments” is selected, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter “Amazon”), subject to the Amazon Payments Europe user agreement available at https://pay.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that completes the order process they also issue a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer triggers the payment process by clicking the button completing the order process.

2.6 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract has been concluded and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer’s order has been sent. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before sending their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.

2.7 Before submitting a binding 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 detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the order process.

2.8 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that the 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) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of concluding the contract, are not members of a Member State of the European Union and whose sole place of residence and delivery address at the time of concluding the contract is outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices. VAT is not charged as the Seller is exempt from VAT under the small business regulation. Any additional delivery and shipping costs that may arise are indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases which the Seller is not responsible for and which must 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 arise with regard to the transfer of money 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.

4.3 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service “PayPal” is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal in which the Seller provides advance payment to the Customer (e.g. purchase on account or instalment payment), the Seller assigns its 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 conducts a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative result of the credit check. 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, the Customer can only make payment to PayPal or to the payment service provider commissioned by PayPal with discharging effect. However, even in the event of assignment of the claim, the Seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and shipments or credit notes.

4.6 If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing for credit card payments is carried out in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Seller authorizes to collect the claim in its name. PAYONE GmbH collects the invoice amount from the Customer’s specified credit card account. The credit card will be charged immediately after the Customer’s order is sent in the online shop. Even when selecting the payment method credit card via PAYONE GmbH, the Seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and shipments or credit notes.

4.7 If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing for credit card payments is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG collects the invoice amount from the Customer’s specified credit card account. In the event of assignment, payment can only be made to secupay AG with discharging effect. The credit card will be charged immediately after the Customer’s order is sent in the online shop. Even when selecting the payment method credit card via secupay AG, the provider remains responsible for general customer inquiries, e.g. regarding returns, complaints, withdrawal declarations and shipments or credit notes.

4.8 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). Stripe reserves the right to conduct a credit check and to reject this payment method if the credit check is negative.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for processing the transaction.

5.2 In the case of goods delivered by freight forwarding, delivery is made “free curbside”, i.e. up to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the Seller’s online shop or unless otherwise agreed.

5.3 If 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 does not apply with regard to the costs for shipping the goods if the Customer effectively exercises their right of withdrawal. In the event of effective exercise of the right of withdrawal by the Customer, the provision made in the Seller’s withdrawal policy shall apply to the return costs.

5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the item to the forwarding agent, the carrier or another person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the Customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has handed over the item to the forwarding agent, the carrier or another person or institution designated to carry out the shipment if the Customer has commissioned the forwarding agent, the carrier or the other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.

5.6 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance deliveries, it retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller shall have the choice of the type of subsequent performance;
• for new goods the limitation period for defect claims shall be one year from delivery of the goods;
• for used goods the defect claims are excluded;
• the limitation period shall not begin anew if a replacement delivery is made within the scope of liability for defects.

7.2 If the Customer acts as a consumer, the following restriction applies to contracts for the delivery of used goods: the limitation period for defect claims is one year from delivery of the goods if this has been expressly and separately agreed between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.

7.3 The liability limitations and shortening of time limits regulated above do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• if the Seller has fraudulently concealed the defect,
• for goods which have been used for a building in accordance with their usual manner of use and which have caused its defectiveness,
• for any existing obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.4 Furthermore, for entrepreneurs the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, they are requested to complain to the delivery agent about goods delivered with obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this shall have no effect on their statutory or contractual defect claims.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise regulated in this respect,
• on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Specific Customer Instructions

9.1 If, according to the content of the contract, the Seller owes not only the delivery of goods but also the processing of the goods according to specific instructions of the Customer, the Customer must provide the Seller with all content required for processing such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and grant the Seller the necessary rights of use for this purpose. The Customer is solely responsible for procuring and acquiring the rights to this content. The Customer declares and assumes responsibility that they have the right to use the content provided to the Seller. In particular, the Customer must ensure that no third-party rights are violated, especially copyrights, trademark rights and personal rights.

9.2 The Customer shall indemnify the Seller against claims by third parties which they may assert against the Seller in connection with an infringement of their rights through the contractual use of the Customer’s content by the Seller. The Customer shall also assume the necessary costs of legal defense including all court and lawyer’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 third parties, the Customer is obliged to provide the Seller immediately, truthfully and completely with all information necessary for examining the claims and for a defense.

9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer violates statutory or official prohibitions or public morals. This applies in particular in the case of the provision of unconstitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the Seller’s online shop unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining balances will be credited to the Customer until the expiry date.

10.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

10.6 If the value of the gift 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.

10.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

10.8 The gift voucher is intended only for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

11) Applicable Law

11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of concluding the contract, are not members of a Member State of the European Union and whose sole place of residence and delivery address at the time of concluding the contract is outside the European Union.

12) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Note: These terms and conditions are regularly updated by IT-Recht Kanzlei.