Terms and Conditions

General Terms and Conditions

Content

§ 1          General. 2

§ 2          Applicable Version of the General Terms and Conditions. 3

§ 3          Order Process and Conclusion of Contract. 3

§ 4          Storage of the Contract Text. 4

§ 5          Right of Withdrawal. 4

§ 6          Exclusion and Premature Expiry of the Right of Withdrawal. 4

§ 7          Return of Goods and Transport Damages. 5

§ 8          Prices and Shipping Costs. 6

§ 9          Payment Conditions. 6

§ 10        Promotional Vouchers. 7

§ 11        Goodwill Vouchers and Their Redemption. 8

§ 12        Delivery and Shipping Conditions. 9

§ 13        Refunds. 10

§ 14        Retention of Title. 10

§ 15        Warranty and Liability for Defects. 10

§ 16        Customer Account. 11

§ 17        Data Protection. 12

§ 18        Consumer Dispute Resolution. 12

§ 19        Final Provisions. 13

 


 

§ 1        General

§ 1.1     These General Terms and Conditions apply to all contracts for the delivery of goods concluded by a consumer via the online shop operated under the domain www.reitwert.store.

 

§ 1.2     The shop is operated by:

 

Kelm Tomovic Battermann GbR
Bugenhagenweg 7
29614 Soltau
Germany

- hereinafter "Seller" –

§ 1.3     A consumer within the meaning of these General Terms and Conditions is any natural person who concludes the contract for purposes that are predominantly neither commercial nor self-employed.

 

§ 1.4     The Seller's range of goods is exclusively directed at consumers. Contracts with entrepreneurs will not be concluded.

 

§ 1.5     Individual agreements between the Seller and the customer take precedence over these General Terms and Conditions.

 

§ 2        Applicable Version of the General Terms and Conditions

§ 2.1     For each contract, the General Terms and Conditions valid at the time the customer places the order shall apply.

 

§ 2.2     Subsequent changes to these General Terms and Conditions shall not affect contracts already concluded, unless the seller and the customer expressly agree otherwise.

 

§ 3        Ordering Process and Conclusion of Contract

§ 3.1     The customer can place the goods offered in the online shop into the virtual shopping cart by clicking the corresponding button. The customer can view, change or delete the contents of the shopping cart at any time.

 

§ 3.2     After calling up the shopping cart, the customer can initiate the electronic ordering process. In the further course, the customer enters or selects the billing, delivery, and payment data required for contract processing. The delivery and payment options available for the respective order will be displayed to the customer during the ordering process.


 

§ 3.3     Before placing the order, the customer will be shown the essential order data, in particular the selected goods, their essential characteristics, the total quantity, the total price including taxes, and any delivery and shipping costs incurred, in an order summary.

 

§ 3.4     The customer can review and correct their entries before placing the order using the correction options provided in the online shop. In particular, items can be removed from the shopping cart and quantity details can be changed. The ordering process can be cancelled at any time before placing the order.

 

§ 3.5     By clicking the "Order with obligation to pay" button, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.

 

§ 3.6     The seller will immediately confirm receipt of the order by e-mail. This automatic confirmation of receipt merely documents that the order has been received by the seller and does not yet constitute an acceptance of the offer.

 

§ 3.7     The purchase contract is concluded as soon as the seller accepts the customer's offer by an explicit order or shipping confirmation via e-mail or sends the ordered goods to the customer. The decisive factor is the time of the event that occurs first.

 

§ 3.8     If the customer selects a payment method from an external payment service provider, they may be redirected to the website or user interface of the respective payment service provider during the ordering process. There, the customer provides the information and confirmations required to authorise or execute the payment. In this case too, the conclusion of the contract with the seller is governed by the above provisions.

 

§ 3.9     The seller's range of goods is exclusively aimed at consumers and is limited to household quantities. The seller is entitled to refuse orders that obviously exceed household quantities, in whole or in part, before accepting them. The customer will be informed of this immediately.

 

§ 3.10  Before placing the order, the customer can view, download, and save the General Terms and Conditions and the cancellation policy. The privacy policy can also be viewed during the ordering process.

 

§ 3.11  The language available for concluding the contract is German.


 

§ 4        Storage of the Contract Text

§ 4.1     The seller stores the order and the contract data required for contract processing after the conclusion of the contract.

 

§ 4.2     After concluding the contract, the customer receives a contract confirmation by e-mail. This contains the order data and the contract information relevant to the contract, including the General Terms and Conditions and the cancellation policy, or provides these to the customer on a durable medium.

 

§ 4.3     If the customer has created a customer account before placing their order, they can view their order data within their customer account. There is no further accessibility to the stored contract text.

 

§ 4.4     The customer can retrieve, save, and print the General Terms and Conditions and the cancellation policy via the online shop before placing their order.

 

§ 5        Right of Withdrawal

§ 5.1     In principle, the customer has the statutory right of withdrawal when concluding a distance contract.

 

§ 5.2     Details on the conditions, period, procedure, and legal consequences of withdrawal can be found in the separate Cancellation Policy, which the customer can retrieve, save, and print in the online shop at [Link to Cancellation Policy].

 

§ 5.3     The statutory model withdrawal form is part of the cancellation policy and can also be accessed at [Link to cancellation policy or model withdrawal form].

 

§ 5.4     The customer can also exercise their right of withdrawal via the electronic withdrawal function provided in the online shop at [Link or note on the withdrawal function]. After submitting the withdrawal, the customer will immediately receive an electronic confirmation of receipt.

 

§ 6        Exclusion and Premature Expiry of the Right of Withdrawal

§ 6.1     Unless otherwise agreed, the right of withdrawal does not apply to contracts

6.1.1.  for the delivery of goods that are not prefabricated and for the manufacture of which an individual choice or determination by the customer is decisive or that are clearly tailored to the personal needs of the customer, and

6.1.2.  for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded.


 

§ 6.2     The right of withdrawal expires prematurely for contracts

6.2.1.  for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, and

6.2.2.  for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature.

 

§ 6.3     The above exclusion and expiry reasons only apply if the statutory requirements are met in the specific individual case. If a product is excluded from the right of withdrawal or the right of withdrawal can expire prematurely, the customer will be informed of this before placing their order.

§ 7        Return of Goods and Transport Damage

§ 7.1     In case of revocation, the customer must return the goods without undue delay and at the latest within 14 days from the day on which he informed the seller about the revocation, to the following return address:

 

Kelm Tomovic Battermann GbR

Grähnsweg 6

29683 Dorfmark

Deutschland

 

To meet the deadline, it is sufficient for the customer to send the goods before the return period expires. In addition, the provisions of the separate cancellation policy apply.

 

§ 7.2     The customer is asked to return the goods as complete as possible and in the original packaging, including any existing accessories and packaging components. If the original packaging is no longer available, suitable and sufficiently protective packaging must be used to avoid transport damage as far as possible.

 

§ 7.3     The customer is also asked to keep proof of dispatch of the return. The use of the original packaging and compliance with the above instructions are not a prerequisite for the effective exercise of the right of withdrawal and do not affect the customer's legal rights.

 

§ 7.4     If the goods are delivered with obvious transport damage, the customer is asked to report the damage to the delivery person immediately, if possible, and to inform the seller thereof in a timely manner. Where possible, the damage should be documented with photos and the packaging kept until clarification.

 

§ 7.5     If the customer fails to report or document transport damage, this does not affect their legal rights, in particular their statutory warranty claims. Cooperation merely facilitates the seller's assertion of their own claims against the carrier or a transport insurance company.


 

§ 8        Prices and Shipping Costs

§ 8.1     The prices indicated in the online shop at the time of placing the order apply.

 

§ 8.2     All prices are total prices in Euro. Due to the application of the small business regulation according to § 19 UStG, no VAT is charged or shown.

 

§ 8.3     The amount of delivery and shipping costs depends on the delivery location, the chosen shipping method, and, if applicable, the scope of the order. The respective costs incurred will be displayed to the customer in the online shop and at the latest during the ordering process before placing their binding order.

 

§ 8.4     Information on available delivery countries, possible delivery restrictions and applicable shipping costs can be found at [Link to shipping information].

 

§ 8.5     If the customer exercises their statutory right of withdrawal, they shall bear the direct costs of returning the goods. Details can be found in the separate cancellation policy.

 

§ 8.6     For returns from Germany, the customer can use a return label provided by the seller. When using this return label, €6.90 will be deducted from the amount to be refunded. The customer is free to return the goods at their own expense via another shipping service provider.

 

§ 8.7     The provision in Section 8.6 does not apply to justified warranty claims, damaged goods or incorrect deliveries. In these cases, the seller shall bear the necessary return costs.

 

§ 9        Payment Terms

§ 9.1     The customer has the payment methods displayed in the online shop and during the ordering process available. Which payment methods are offered in individual cases may depend, in particular, on the country of delivery or billing, the device used, the order value, and the requirements of the respective payment service provider.

 

§ 9.2     The customer selects the desired payment method during the ordering process. The payment terms applicable to the selected payment method and, if applicable, deviating due dates will be displayed to the customer before submitting their binding order.

 

§ 9.3     Unless otherwise specified for the chosen payment method, the total price is due upon conclusion of the purchase contract.


 

§ 9.4     When paying via an external payment service provider, the customer may be redirected to the website or user interface of the respective payment service provider during the ordering process. There, the customer provides the necessary information and confirmations for authorizing or executing the payment. In addition, the terms and conditions of use of the respective payment service provider may apply.

 

§ 9.5     When paying by credit or debit card or via an accelerated payment service such as Apple Pay, Google Pay or Shop Pay, the amount to be paid is authorized during the ordering process via the respective payment service provider. The exact time of debit depends on the chosen payment method and the conditions displayed in the ordering process.

 

§ 9.6     When paying via PayPal, payment processing is done through PayPal. The customer will be redirected to PayPal to complete the payment or will receive the corresponding payment instructions within the order process. Whether payment without a PayPal account is possible depends on the options provided by PayPal in each individual case.

 

§ 9.7     If Klarna offers a payment method to the customer and they select it, payment processing will be carried out according to the Klarna terms displayed in the order process. In this case, the customer must make payment to Klarna in accordance with Klarna's payment instructions. Klarna may make the use of a payment method dependent on its own review.

 

§ 9.8     The fees incurred for using a specific payment method are based on the fee schedules of the respective payment service provider and will be displayed to the customer before placing the order.

 

§ 10    Promotional Vouchers

§ 10.1  Promotional vouchers are vouchers or discount codes that are issued free of charge by the seller as part of temporary promotional campaigns and cannot be purchased.

 

§ 10.2  The conditions communicated at the time of issuance or as part of the respective promotional campaign apply to the redemption of a promotional voucher. Promotional vouchers may, in particular, be tied to a specific validity period, a minimum order value, specific goods or product groups, and other promotional conditions.

 

§ 10.3  Promotional vouchers can only be redeemed before the completion of the ordering process via the designated input field. Subsequent crediting to an already completed order is not possible.

 

§ 10.4  Generally, only one promotional voucher can be redeemed per order. A combination with other promotional vouchers or other discount promotions is only possible if this is expressly provided for in the conditions of the respective promotion.

 

 

§ 10.5  The value of a promotional voucher will neither be paid out in cash nor accrue interest. Promotional vouchers cannot be used to purchase gift vouchers, unless otherwise specified in the respective promotional conditions.

 

§ 10.6  If the total value of the eligible goods exceeds the value of the promotional voucher, the remaining invoice amount can be settled using the payment methods offered in the online shop. An unused voucher value will not be paid out or credited, unless otherwise specified in the respective promotion conditions.

 

§ 10.7  For a promotional voucher that refers to multiple items in an order, the discount granted will be distributed proportionally among the eligible items. If the customer returns individual items within the scope of their statutory right of withdrawal, the customer will be reimbursed the actual purchase price paid for the returned items, reduced by the proportionate discount.

 

§ 10.8  In the event of a complete withdrawal of an order, the customer will be reimbursed the total amount actually paid in accordance with the statutory provisions. The promotional voucher used will not be paid out in cash and will generally not be reissued.

 

§ 10.9  The above provisions do not affect the customer's statutory rights in the event of defects, damaged goods or incorrect deliveries.

 

§ 11    Goodwill vouchers and their redemption

§ 11.1  Goodwill vouchers are free vouchers for a certain purchase value, which the seller issues to the customer particularly for reasons of goodwill or service. They cannot be purchased and are to be distinguished from promotional vouchers and purchased gift vouchers.

 

§ 11.2  Goodwill vouchers are customer-bound and not transferable to third parties. Cash payment or interest on the voucher value is excluded.

 

§ 11.3  The validity period of a goodwill voucher will be communicated to the customer upon its issuance. If no special validity period is specified, the statutory limitation periods apply.

 

§ 11.4  The voucher code must be entered in the designated field before completing the order process. Subsequent crediting to an already completed order is not possible.

 

§ 11.5  If the order value exceeds the available voucher value, the remaining amount can be settled using one of the payment methods offered in the online shop.

 

§ 11.6  If the voucher value is not fully used in an order, the remaining credit remains valid until its expiration date and can be redeemed in a later order.

 

§ 11.7  If an order paid with a goodwill voucher is effectively cancelled, the amount settled with the goodwill voucher will generally be credited back as a corresponding voucher credit. An amount additionally paid with another payment method will be reimbursed via the payment method originally used in accordance with the statutory provisions.

 

§ 11.8  In the event of a full or partial reversal of an order, the customer can receive back at most the amount or voucher value that they actually used for the respective returned goods.

 

§ 11.9  The customer's statutory rights in the event of defects, damaged goods, or incorrect deliveries remain unaffected.

 

§ 12    Delivery and shipping conditions

§ 12.1  Delivery will be made to the delivery address provided by the customer during the ordering process. The delivery address specified in the order confirmation is decisive.

 

§ 12.2  Deliveries are made exclusively to the delivery countries specified in the online shop. Existing delivery restrictions and the shipping costs for the respective delivery country will be displayed to the customer at the latest at the beginning of the ordering process.

 

§ 12.3  The delivery time applicable to an item is stated on the respective product page. Unless a different delivery time is specified there, the delivery time within Germany is [insert specific delivery time].

 

§ 12.4  The delivery period begins on the day after the conclusion of the purchase contract. Working days within the meaning of the delivery time are Monday to Friday, excluding public holidays at the seller's registered office.

 

§ 12.5  For goods explicitly marked as pre-order or "PreSale" in the online shop, the special delivery time indicated on the respective product page applies. Unless a different delivery time is specified there, the delivery time for correspondingly marked goods is 8-12 weeks.

 

§ 12.6  If an order contains goods with different delivery times, delivery will generally be made together within the period applicable to the item with the longest delivery time, unless otherwise agreed with the customer.

 

§ 12.7  If a shipment is returned to the seller because the customer provided an incorrect or incomplete delivery address or culpably failed to enable acceptance of the shipment, the seller may charge the customer the actual costs of a new shipment. This does not apply if the customer is not responsible for the reason for the failed delivery or has effectively exercised their statutory right of withdrawal in connection with the refusal of acceptance.

 

§ 13    Refunds

§ 13.1  If the seller has to reimburse payments to the customer, the refund will generally be made using the same payment method that the customer used for the original payment. This only applies if a different payment method has been explicitly agreed with the customer and this does not result in additional costs for the customer.

 

§ 13.2  If the payment was processed via an external payment service provider, the refund will also generally be made via this payment service provider. Further processing will be based on the payment data stored there and the terms and conditions of the respective payment service provider.

 

§ 13.3  If the customer has used an unpaid payment method, in particular an invoice purchase via a payment service provider, the refund can be made by a corresponding reduction or cancellation of the outstanding payment claim.

 

§ 13.4  If an order was paid for partially or fully with a goodwill voucher, the amount settled with the goodwill voucher will generally be credited back as a corresponding voucher credit. Any additional amount paid with another payment method will be refunded via the originally used payment method.

 

§ 13.5  For refunds after exercising the statutory right of withdrawal, the deadlines and conditions of the separate withdrawal instructions apply additionally. In particular, in the case of a purchase of goods, the seller may refuse the refund until he has received the returned goods or the customer has provided proof that he has returned the goods, whichever is the earlier date.

 

§ 13.6  The customer's statutory rights, particularly in the event of defective or incorrectly delivered goods, remain unaffected.

 

§ 14    Retention of title

§ 14.1  The delivered goods remain the property of the seller until full payment of the purchase price owed for the respective order.

 

§ 14.2  The goods are delivered to the customer under retention of title until this point in time. Ownership of the goods passes to the customer upon full payment of the purchase price.

 

§ 15    Warranty and Liability for Defects

§ 15.1  The statutory provisions apply to the customer's rights in the event of material defects and defects of title.

 

§ 15.2  If the delivered goods are defective, the customer is entitled to supplementary performance and, if applicable, to reduction of the purchase price, withdrawal from the contract and compensation for damages, in accordance with the statutory requirements.

 

§ 15.3  Within the scope of supplementary performance, the customer can generally choose to demand either the rectification of the defect or the delivery of defect-free goods. The statutory conditions under which the seller can refuse the chosen type of supplementary performance remain unaffected.

 

§ 15.4  The seller bears the expenses necessary for the purpose of supplementary performance, in particular the necessary transport, travel, labor and material costs, in accordance with the statutory provisions.

 

§ 15.5  The customer is requested to inform the seller of any defects found and to make the affected goods available to the seller for inspection and supplementary performance. The customer's statutory rights regarding defects are not limited by a delayed or omitted notification.

 

§ 15.6  If a manufacturer's or other guarantee additionally exists for individual goods, its content and conditions arise from the respective guarantee statement. The customer's statutory rights regarding defects against the seller are not limited by such a guarantee.

 

§ 16    Customer Account

§ 16.1  The customer can create a personal customer account free of charge in the online shop. The customer account is intended exclusively for use by the registered customer and may not be transferred to third parties.

 

§ 16.2  The customer is obliged to provide complete and accurate information during registration and to update the data stored in their customer account immediately in case of changes. If the seller incurs additional costs because the customer culpably provided incorrect or incomplete information or did not make necessary changes in good time, the seller can demand reimbursement of the actually incurred necessary costs from the customer.

 

§ 16.3  The access data for the customer account must be kept secret by the customer and protected from unauthorized third-party access. If there are indications that unauthorized third parties have gained access to the customer account, the customer must inform the seller immediately.

 

§ 16.4  Each customer may generally only maintain one customer account. The creation and use of a customer account by persons under 18 years of age is not permitted.

 

§ 16.5  The seller is entitled to temporarily block a customer account if there are concrete indications of misuse or unauthorized use, significant security risks, multiple registrations, or material breaches of these General Terms and Conditions. The customer will be informed about the blocking and its reason, unless this impairs the clarification of a misuse or the security of the customer account. Purchase agreements already concluded and the customer's statutory rights remain unaffected by a blocking.

 

§ 16.6  The customer can cancel their customer account at any time with effect for the future or request its deletion. The seller can terminate the contractual relationship regarding the customer account with reasonable notice. The right of both parties to extraordinary termination for good cause remains unaffected. If the good cause consists of a rectifiable breach of duty, extraordinary termination will generally only take place after unsuccessful warning or request for remedy.

 

§ 16.7  After termination of the customer account, its usability will be deactivated. Personal data will be deleted or further processed in accordance with the data protection declaration, unless statutory retention periods or other statutory reasons prevent deletion.

 

§ 17    Data Protection

§ 17.1  The seller processes the customer's personal data in compliance with the applicable data protection regulations.

 

§ 17.2  Further information on the type, scope and purposes of processing personal data and on the customer's rights can be found in the separate data protection declaration. This can be accessed in the online shop at [Link to the data protection declaration].

 

§ 17.3  The data protection declaration is not part of these General Terms and Conditions.

 

§ 18    Consumer Dispute Resolution

§ 18.1  The European Union and the Federal Republic of Germany provide options for out-of-court resolution of disputes between consumers and businesses. Recognized consumer arbitration bodies exist for this purpose.

 

§ 18.2  The seller is neither legally obliged nor voluntarily willing to participate in a dispute resolution procedure before a consumer arbitration body.

 

§ 18.3  Regardless of this, the seller endeavors to clarify any discrepancies with the customer directly and amicably. Customers can contact the seller for this purpose using the contact options provided in the imprint or in the online shop.

 


 

§ 19    Final Provisions

§ 19.1  All contractual relationships between the seller and the customer are governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

 

§ 19.2  If the customer has their habitual residence in another state, the foregoing choice of law shall apply only insofar as it does not deprive the customer of the protection of mandatory statutory provisions of the state in which they have their habitual residence.

 

§ 19.3  Should individual provisions of these General Terms and Conditions not have become part of the contract, in whole or in part, or be invalid, the remainder of the contract shall remain valid. The statutory provisions shall replace the unincluded or invalid provisions.