General Terms and Conditions of Business of renesim GmbH
Art. 1 Basic terms (as at 23 August 2012)
The contract is concluded with the vendor named in the Credits (hereinafter Seller). The contractual terms given below apply to all contracts concluded between the Seller and the respective Buyer (hereinafter Buyer or Customer) and are deemed to have been expressly accepted when an order is placed. A 'consumer' as understood in the following provisions is any individual that concludes a legal transaction for a purpose that cannot be ascribed to its commercial or independent business activity.
Art. 2 Terms of service
The goods offered by the Seller on the Internet do not represent a binding offer for the conclusion of a sale contract but are an invitation to place an order (purchase offer by Buyer). You can submit a purchase offer by telephone, in writing, by fax, by email or by using the order system integrated into the Seller's online store.
The Seller can accept the Buyer's order by sending an order confirmation by e-mail or by sending the goods within five days. Binding acceptance of the Buyer's offer by the Seller (and thus conclusion of the contract) is effected in all cases by notification in written form containing confirmation to the Buyer of order processing or of delivery of the goods, or by delivery of the goods.
When you use the online order system, please note the following:
The goods selected by the Customer for purchase are placed in the cart. The Customer can view the cart by clicking the "Cart" button in the navigation bar. The contents of the cart can be changed at any time. The Customer opens the order form, enters his/her personal details and selects a method of payment and shipping. Before submitting the order the Customer has the opportunity to review all details, change them (this can also be done via the Back button of the Internet browser) or cancel the purchase. By clicking the appropriate button to send the order, the Customer is deemed to have submitted a binding offer to the Seller.
When an order is placed by clicking the "Complete Order" button the Customer initially receives confirmation of receipt of the order; however, this does not yet constitute conclusion of the contract. The provisions stated above concerning acceptance or refusal of the order also apply for online orders.
The contractual languages are German, French or English only. The wording of the contract (order details and T&C) is not stored on the Seller's system. Please therefore ensure that you save the order confirmation e-mail and these T&C yourself and print them out if desired.
Art. 3 Prices, shipping
The prices given in the offer are final prices and include all constituents of the price including VAT and all other applicable taxes and shipping costs.
In individual cases, international deliveries may incur further taxes (e.g. purchases within the European Union) and/or charges (e.g. customs duties). However, these charges are not payable to the Seller but to the responsible customs or tax office in each case.
Art. 4 Terms of payment and shipping
The following payment options are available:
- Advance payment by bank transfer
- Advance payment by direct debit / e-banking
- Payment by Paypal
- Payment by credit card (Master Card, Visa Card, American Express)
The Seller reserves the right to exclude specific types of payment in individual cases.
Invoices from the Seller are payable immediately. Delivery is worldwide. The delivery period given in the product details always constitutes the period between ordering and the Customer's receipt of the goods. If the Customer has chosen an advance payment method, the delivery period constitutes the period between the Seller's receipt of the full purchase price and the Customer's receipt of the goods.
As a consumer (see Art. 1 of these Terms and Conditions), the Buyer is asked to inspect the goods immediately after receipt for completeness, visible defects and transport damage, and to inform the Seller and shipper as soon as possible of any complaints. Your warranty rights remain unaffected.
If the Buyer is a consumer (see Art. 1 of these Terms and Conditions), the risk of accidental loss or accidental deterioration of the goods during transit passes to the Buyer only upon transfer of the goods to him/her, irrespective of whether the shipment was insured or uninsured.
If the Buyer is not a consumer (see Art. 1 of these Terms and Conditions), shipping and delivery is at your own risk.
If the Seller delivers the goods to a third party (company, hotel reception etc.) at Customer's request, the passing of risk and of charges within the meaning of Section 446 German Civil Code (BGB) is deemed to have been effected as soon as delivery to the third party has taken place.
Art. 5 Warranty
Statutory conditions apply.
In the case of used goods, the warranty period comprises one year from the date of delivery in deviation from the statutory terms. The one-year warranty period does not apply to damage culpably attributable to the Seller arising from any injury to life, limb or health, or damage caused intentionally or with gross negligence, or malice on the part of the Seller, or rights of recourse in accordance with Arts. 478, 479 of the German Civil Code (BGB).
If the Buyer is an entrepreneur and thus a legal or natural person or a partnership with legal capacity exercising its commercial or independent professional activity in concluding a legal transaction (Art. 14 Para. 1 BGB) , the following terms apply in deviation from Art. 5 Section 1 above:
The agreed qualities of goods shall be determined only by the Seller’s own statements and the manufacturer’s product description, and not by any other promotional materials, public extolment or other statements of the manufacturer.
The Buyer is obliged to inspect all goods immediately and with appropriate care for deviations from the agreed qualities and quantities and to notify the Seller in writing of any obvious defects within 7 days of receipt of the goods; this deadline is deemed to be met if the notification is sent in time. The same notification period applies to hidden defects that are discovered at a later date.
If these obligations to inspect goods and report deficiencies are not met, no warranty claims can be asserted.
In the event of defects, the Seller may either remedy the defect or deliver replacement goods at its own discretion.
If the Seller’s attempt to remedy a defect fails twice, the Buyer can request a price reduction or withdraw from the contract at its own discretion.
If the Seller opts to remedy the defect, the Seller need not pay the increased costs resulting from the goods being moved to a place other than the place of fulfilment of the contract if this movement of the goods does not correspond to their intended use.
The warranty period is one year from delivery of the goods. Sentence 2 of Section 2 above applies accordingly.
Information on liability for defects: German statutory liability for defects applies.
Art. 6 Right of cancellation for consumers
A consumer is any individual that concludes a legal transaction for a purpose that cannot be ascribed to its commercial or independent business activity. A consumer has a statutory right of cancellation, instructed by the Seller as follows:
Notice of Right of Cancellation
Right of Cancellation
The Customer may cancel his/her contract in writing (e.g. by letter, facsimile, e-mail) within 30 days without stating reasons or - if the item has been placed at his/herdisposal prior to the expiry of this cancellation period - by returning the item concerned. The cancellation period shall commence upon receipt of this notification in written form, however, not prior to the receipt of the goods by the Customer (or, in the case of repeat deliveries of identical goods, not prior to receipt of the first part-delivery) and not prior to performance of our duty to inform pursuant to Art. 246 Sect. 2 in connection with Sect. 1 paras 1 and 2 EGBGB (Introductory Act to the German Civil Code) and our obligations under Sect. 312e, para. 1, sentence 1 BGB (German Civil Code) in connection with Art. 246 Sect. 3 EGBGB. In order to observe the cancellation period it shall be sufficient if the notice of cancellation or the item was sent in due time. The notice of cancellation must be directed to:
Telefax: +49-89-1222 893-99
Consequences of cancellation
In the event of effective cancellation any mutually received performance shall be returned and possible benefits derived (e.g. interest) repaid. If the Customer is unable to return the performance received in whole or in part or is only able to return it in deteriorated condition, he/she will be liable to pay compensation in this respect. The requirement of compensation for the deteriorated condition of the performance or any benefits derived shall not apply if the relevant benefits or deterioration of the item are due to the simple trial use which the Customer would have reasonably been able to conduct in a store by making an examination of the properties and functioning of the item. Return shipment is free of charge for the Customer. Goods that cannot be sent as parcels will be collected at the Customer's location. The obligation to refund payment must be met within 30 days. This term shall commence for the Customer upon dispatch of the Customer's notice of cancellation or of the item(s), and for the Seller upon receipt of same.
If the Customer is financing this purchase agreement with a financing (loan) arrangement and later revokes the agreement, the Customer is no longer bound to the financing arrangement if the purchase agreement and financing arrangement form a commercial unit. This may particularly be assumed if we are simultaneously the Customer's lender or if the Customer's lender makes use of our cooperation with respect to the loan. If we have already received the loan upon the cancellation becoming effective or the return of the item, the Customer's lender takes over our rights and responsibilities in relation to the Customer as set forth in the financed contract and concerning the legal consequences of the cancellation or the return of the item. The latter will not apply if the contract concerns the acquisition of financial instruments (e.g. stocks, foreign currency or derivatives). To avoid any contractual obligation as far as possible, the Customer should make use of his/her right of cancellation and also cancel his/her loan contract if entitled to do so.
End of the Right of Cancellation
Please do not return the goods to us as freight collect (carriage not prepaid), but as an insured package. We will be happy to reimburse the shipping costs in advance.
Please avoid damaging or soiling the goods. Please endeavour where possible to return the goods to us in the original packaging with all accessories and with all packaging components. If you no longer have the original packaging, please ensure the goods are packed appropriately for shipping to avoid damage in transit.
The above provisions are not a prerequisite for effective application of the right of cancellation.
Download: Example of right of cancellation
Art. 7 Retention of title
The goods remain the property of the Seller until the purchase price has been paid in full.
The following terms apply in addition if the Buyer is an entrepreneur:
The Seller retains the title to the goods until all claims arising from the current business relationship have been paid in full. The goods may not be pledged or assigned as security until ownership of the goods has passed to the Buyer.
The Buyer may resell the goods during the normal course of business.
In this case, the Buyer hereby assigns to the Seller in advance all claims to the total amount of the invoice that accrue to the Buyer through resale and the Seller accepts this assignment.
The Buyer is further entitled to collect all such claims. However, insofar as the Buyer fails to comply with its payment obligations to the Seller, the Seller reserves the right to collect these claims itself.
When goods to which the Seller retains ownership are combined with or commingled with other goods, the Seller acquires proportionate co-ownership of the new goods in accordance with the ratio of the invoice value of the said Seller’s goods to the value of the said other goods at the time of processing.
The Seller undertakes, upon request by the Buyer, to release the securities to which the Seller is entitled to the extent that the realisable value of the Seller’s securities exceeds the claim to be secured by more than 10%. The Seller may decide which of these securities shall be released.
Art. 8 Limitation of liability
(1) The Seller is fully liable for damages arising from injury to life, limb, or health in the case of fraudulent concealment of defects or where the Seller has guaranteed the quality of the goods being purchased, in all cases of intent or gross negligence, in damages falling under the German Product Liability Act (Produkthaftungsgesetz) or other cases mandatory in law.
(2) Where material contractual obligations are affected and their infringement would endanger the fulfilment of the contractual purpose, liability of the Seller for minor negligence is limited to contractually characteristic foreseeable damage.
(3) Liability of the Seller for minor negligence is excluded insofar as this does not affect material contractual obligations.
(4) Under the current state of the art, data communication via the Internet cannot be guaranteed to be fault-free and/or permanently available. The Seller therefore accepts no liability for permanent or uninterrupted availability of the website and the performance offered there.
Art. 9 Place of fulfilment, place of jurisdiction
German law shall apply exclusively, whereby application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. In relations with consumers this choice of law shall apply only if it does not deprive the consumer of the protection awarded by mandatory laws of the consumer's country of habitual residence (favourability principle).
The domicile of the Seller shall be the place of fulfilment for all performance arising from the existing business relationships with the Seller as well as the place of jurisdiction insofar as he is a commercial business, a legal entity under public law or a special fund under public law and not a consumer.
This shall apply also where Customer does not have a general place of jurisdiction in Germany or the EU or where Customer’s place of residence or habitual abode are not known when the lawsuit is filed. The additional right to appeal to the courts of another legal place of jurisdiction shall remain unaffected.
Art. 10 Information on disposal of batteries
With respect to the sale of batteries with delivery of battery-powered devices, the Seller has the statutory obligation to inform the Buyer of the following:
As the end-user you are legally obliged to return used batteries. Used batteries currently or previously carried as new batteries by the Seller can be returned to the warehouse (shipping address) of the Seller free of charge. The symbols shown on the batteries have the following meanings:
The crossed-out wheeled bin symbol means that the battery must not be thrown away with household waste.
The chemical element of the toxic substance is indicated next to the bin symbol.
"Cd" indicates that the battery contains over 0.002 mass per cent of cadmium.
"Pb" indicates that the battery contains over 0.004 mass per cent of lead.
"Hg" indicates that the battery contains over 0.0005 mass per cent of mercury.
Art. 11 Sales packaging
To guarantee standardised return of sales packaging the Seller participates in a waste disposal system as understood by Art. 6 Para. 3 of the German Packaging Directive (Verpackungsverordnung ). The Customer can therefore return the sales packaging to any designated collection point of the waste disposal system.