TOC | Delivery Conditions

General Terms and Conditions of Business

1. Area of Agreement

In respect to business relations of all types between re-scha and its customers, the following General Terms and Conditions of Business hold true in their legally valid version at the time of contract formation, respectively.

2. Contract Formation

All offers and prices are non-binding. The contract between re-scha and the customer will be affirmed when re-scha accepts the order of the customer and delivers the product being ordered.
Sale of the products is conducted in customary amounts to persons of legally competent age.
Re-scha reserves the right to deny the offer and/or the delivery subsequent to determining that the re-scha website contains any mistakes in writing/calculation or other errors.

3. Cancellation Policy

(1) Rights of Refund

The customer has the possibility to cancel the contract without reason within 2 weeks in written form (e.g. letter, fax, Email) or by returning all articles (to: re-scha, Nepomukstr. 11, 33142 Büren, Germany). The refund deadline begins with the reception of the delivery by the customer. For keeping of the term the date of dispatch of the contract cancellation or of the return of the goods is considerd to be in time. In all cases of refund and redelivery re-scha carries the responsibility for costs and risks. The refund and/or the redelivery has to be addressed to: re-scha, Ulrich Schäfer, Nepomukstr. 11, 33142 Büren, Germany. The right of refund is excluded for products that can be spoiled or contaminated by inappropriate storage.

(2) Consequences of Refund

In case of an effective cancellation both sides ensure to refund the received services. The goods must be returned to re-scha in orderly condition, without signs of usage in order to avoid any compensation. Customers exercising their rights of refund must compensate the firm re-scha for any diminishment in value or for the complete value of the goods, to the extent the customer was not able to return the goods in orderly condition, as the customer is responsible for the ruination, perishability or other deficiency of the delivered wares. Moreover, the duty of value compensation can be avoided by not making use of the article as the proper owner would, and by refraining from any acitivity which would reduce the value of the article. The customer is responsible for the costs of the redelivery if the delivered goods conform to the ordered ones and if the price of the redelivered goods does not exceed 40,00 €. In all other cases the refund is free of charge.

4. Reservation of Proprietary Rights

Until all payment responsibilities have been fulfilled by the customer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of the firm re-scha.

5. Warranty and Liability

The firm re-scha is liable for all defects and deficiencies of the products within the period of warranty. During the period of warranty the customer is entitled to have supplementary performance, correction of faults, price reduction, the right of refund or compensation, according to legal obligations in dependence on the particular situation. The customer has to describe and specify obvious deficiencies in written form within one week after having received the delivery. The goods should be examined immediately after delivery by the customer or an authorized individual to detect any transportation damages. Detectible transportation damages are to be reported to re-scha without delay in written form. Packaging damages are to be confirmed in written form by the transportation company upon delivery. Defects or other damages owing to faulty or inappropriate handling, unsuitable packaging or shipment, the use of inappropriate accessories or an alteration of the original components by the customer or by a third party not authorized by the firm re-scha, are not protected by warranty.

6. Delivery

Re-scha ensures to deliver the ordered products to the customer’s address, according to the registration form, as soon as possible. Inside the EU re-scha delivers custom-free. Outside the EU, especially to Switzerland, the customer has to consider and pay the costs for customs, taxes and additional charges.

7. Prices and Delivery Charges

Shipping costs to neighboring European countries (Belgium, Netherlands, Luxembourg, Austria) we charge 13.40 € up to a 2 kg package. For higher parcel weights we charge a corresponding surcharge. For all other EU countries and countries outside Europe, please ask for the shipping costs.

8. Conditions of Payment

Inside Germany the orders have to be paid on invoice net cash in full without delay directly after delivery. Outside Germany the invoice has to be payed prior to the delivery of the goods. For customers not paying in time, re-scha has the right to deliver only on prepayment. Re-scha is not able to accept payment in cash or by check for re-scha is not taking the responsibility for loss. Should the customer be in arrears in respect to paying the designated purchase price for more than 14 days, re-scha has the right to demand payment. In the event of delayed payment after demand, re-scha will charge interest rate on the sum of the purchase price at a value of five percentage points above the standard German interest rate (Deutsche Bundesbank) for the period of delinquency. All corresponding demands will be charged, court collection proceedings can be plead, law enforcement proceedings can be initiated or external encashment companies can be employed.

9. Privacy / Data Protection

All personal data being important for the contractural basis are given by the customer. All personal data being important for the order are registered, stored and could be transmitted to a third party if necessary. The handling of personal data is corresponding with the Federal Data Protection Act and other Data Protection Agreements. All data are kept in private and in confidence. Re-scha is equipped with high safety and security standards giving the obligation to preserve and protect all personal data from unauthorized access.

10. Place of Execution / Place of Jurisdiction

Applicable law, place of jurisdiction and dispute resolution:
The law of the Federal Republic of Germany shall apply. The place of jurisdiction for all legal disputes shall be the registered office of re-scha. In the event of disputes, the parties shall first attempt to reach an amicable settlement. If an amicable settlement cannot be reached, the place of jurisdiction for all disputes arising from this agreement shall be the registered office of the client.

 

Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr

We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.

11.Final Clause / Safeguarding Clause

Should any of these individual contractual conditions – for which reasons whatsoever – not be legally enforceable, this does not mitigate the legal validity of the remaining agreements in any way. If a condition is considered to be ineffective, conditions are taken into consideration being commercially, economically and legally close to that position.