General terms and conditions
§1 General / About us
(1) These General Terms and Conditions (hereinafter referred to as "GTC") of
Rübbelberg UG (limited liability)
Templiner Straße 18, 10119 Berlin, Germany
Managing Director: Dr. Philipp Nagel
HRB 197289 B Amtsgericht Berlin (Charlottenburg)
VAT ID no.: 37/500/50157
(hereinafter: "Rübbelberg") as contractual partner shall apply to all orders placed in the online shop at http://www.ruebbelberg.de or http://www.ruebbelberg.com (hereinafter: "Online Shop"). The Customer shall have the option to view, print and save the GTC in reproducible form during the ordering process. The currently valid version of the GTC can also be accessed at www.ruebbelberg.de and www.ruebbelberg.com.
(2) All agreements made between Rübbelberg and the Customer in connection with an order are conclusively laid down in the purchase contract concluded by both parties, the GTC and the order confirmation of Rübbelberg. By placing an order, the Customer agrees to the validity of the GTC valid at the time of the order. Any of the Customer's own General Terms and Conditions contradicting these General Terms and Conditions shall not become part of the contract. The text of the contract shall be stored by Rübbelberg, however, for security reasons, it can no longer be called up by the Customer after the conclusion of an order process. However, the Customer shall be free to print out the relevant website during the order process using the print function of its browser.
(3) The contractual language is German.
§2 Our products
(1) The range of goods offered by Rübbelberg at www.ruebbelberg.de and www.ruebbelberg.com is aimed exclusively at consumers within the meaning of the BGB (Civil Code of the Federal Republic of Germany). According to § 13 BGB (German Civil Code), a consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity. Persons without legal capacity or persons with limited legal capacity are only authorized to use the offered range of goods with the cooperation and consent of their legal representative. Only orders placed via the online shop will be accepted. Rübbelberg shall not accept and shall not process orders placed by fax, email or letter. The delivery of goods shall only take place in quantities customary for households.
(2) Illustrations in the online shop only serve the purpose of product presentation and do not represent a legally binding offer by Rübbelberg; changes and errors are reserved in this respect.
§3 Your order
(1) The ordering process shall be initiated by the Customer placing products presented in the online shop in the virtual "shopping cart" and then going to the virtual "checkout". By clicking on the "Buy" button in the context of the ordering process, the Customer initiates the conclusion of an order and submits a legally binding offer to Rübbelberg to conclude a purchase contract for the products in the shopping cart. Data entered can be changed by the Customer at any time until the conclusion of the order process by using the control and correction functions integrated into the order process ("Edit" and "Remove" buttons).
(2) The receipt of orders of the Customer shall be confirmed to the Customer without delay (hereinafter: "Order Confirmation"). The Order Confirmation as such shall not constitute a legally effective declaration of acceptance by Rübbelberg, but shall merely inform the Customer that the order has been duly transmitted to Rübbelberg; an Order Confirmation may nevertheless be combined with a declaration of acceptance of the contract.
(3) The acceptance of an order and thus the conclusion of a contract shall only be effected by (a) an express declaration of acceptance of the contract or (b) by means of delivery of the goods and notification of dispatch (hereinafter: "Confirmation of Dispatch"). In the event that several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. For the acceptance of a contract offer, Rübbelberg shall have a period of three working days after receipt of an order. We expressly reserve the right not to confirm an order if the stock should not be sufficient for delivery.
§4 Our Contract, Customer Information, Prices of Goods and Accepted Payment Methods
(1) All prices are inclusive of statutory value added tax and plus any shipping costs and other costs incurred by the selected payment method. For goods ordered via the online shop, the prices of the day of the order apply. The prices are explicitly stated during the ordering process. The customer will also be informed about the amount of the shipping costs and any costs arising from the selected payment method during the ordering process.
(2) Rübbelberg accepts payment via "PayPal", credit card (Visa, Mastercard, American Express), instant bank transfer and invoice with Klarna. Rübbelberg reserves the right to exclude individual payment methods.
(3) Ordered goods shall remain the property of Rübbelberg until payment has been made in full.
§5 Your shipping options
(1) Information about delivery times are to be understood as estimated delivery times. If the article is sent as a parcel, the delivery time is approx. 5 working days from payment, unless stated otherwise in the online shop.
(2) Rübbelberg shall deliver ordered goods either itself or by commissioning third parties to the delivery address indicated by the customer.
(3) Rübbelberg shall inform its Customers immediately by e-mail about goods not in stock and delays in delivery resulting therefrom. In such cases Rübbelberg shall be entitled to make partial deliveries as far as reasonable for the Customer. Additional shipping costs resulting from this shall be borne by Rübbelberg. Legal rights of the Customer shall remain unaffected.
(4) If Rübbelberg determines during the processing of your order that ordered products are not available, the customer will be informed separately by e-mail. A contract for unavailable goods shall not be concluded. If Rübbelberg is not able to deliver the ordered goods through no fault of its own because the pre-supplier has not fulfilled its contractual obligations or if the goods ordered by the Customer are not available for a period of at least one month due to force majeure, Rübbelberg may withdraw from the purchase contract. Rübbelberg shall immediately inform the Customer in case of such delivery difficulties. In the event of a withdrawal by Rübbelberg, Rübbelberg shall immediately reimburse the Customer for any payments already made. Further legal claims of the Customer shall remain unaffected.
§6 Right of withdrawal
(1) The statutory right of revocation shall apply, about which Rübbelberg shall instruct in accordance with the statutory provisions below. A contractual granting of rights going beyond the law shall not be associated therewith. In particular, the statutory right of withdrawal shall not apply to commercial resellers. You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you who is not the carrier have taken or have taken possession of the last goods.
In order to exercise your right of withdrawal, you must contact us:
Rübbelberg UG (limited liability)
Templiner Straße 18, 10119 Berlin, Germany
E-mail: [email protected]
inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. You can use the attached model withdrawal form, which is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation:
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For the refund we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or you have proved that you have returned the Goods, whichever is earlier.
You shall return the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest:
Rübbelberg UG (limited liability)
Templiner Straße 18, 10119 Berlin, Germany
E-mail: [email protected]
to send it back or hand it over. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is attributable to handling them in a way that is not necessary to check their condition, properties and functionality.
(2) Reproduction of the legal model withdrawal form
Sample withdrawal form:
(If you want to cancel the contract, please fill out this form and send it back.)
An:
Rübbelberg UG (limited liability)
Templiner Straße 18, 10119 Berlin, Germany
E-mail: [email protected]
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
Ordered on (*)/received on (*)
Name(s) of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for paper communication)
date
(*) Delete as appropriate.
(3) During the current revocation period, the goods must be handled with care. Damages and impurities of the goods are to be avoided. In case of assertion of the right of revocation, the goods shall be returned to Rübbelberg in a suitable packaging to avoid possible transport damages. In case of a return of the goods, the Customer is requested not to send the goods back to Rübbelberg carriage forward, but as a prepaid package.
Set-off and right of retention:
(1) The Customer shall only be entitled to set off claims if the counterclaim with which he wants to set off relates to counterperformance claims from the same purchase contract, has been legally established, has been acknowledged by Rübbelberg or is undisputed.
(2) The customer may only assert rights of retention if the counterclaim is based on the same purchase contract.
§7 Warranty, Guarantees and Customer Service for Exchange and Replacement
(1) The statutory warranty regulations shall apply. If the delivered goods are defective, the Customer shall be entitled to the statutory warranty rights, according to which the Customer shall initially be limited to the right to subsequent performance, within the scope of which the Customer may choose between removal of the defect or delivery of a defect-free item. Rübbelberg shall, however, be entitled to refuse the chosen type of subsequent performance if this is associated with disproportionate costs for it. If the type of subsequent performance to which the customer is entitled fails or is unreasonable for him, the customer shall be entitled to reduce the purchase price, to withdraw from the contract in case of a not insignificant defect and/or to claim damages.
(2) Deviations in the quality, colour, size, cut or design of the goods that are customary in the trade or technically unavoidable and are due to the material shall be insignificant. Warranty rights do not exist in the case of such defects. However, the customer is at liberty to prove that the aforementioned deviations are significant for him. Warranty rights are excluded if you modify the goods and this causes the defect.
(3) If the customer or a third party commissioned by him has attempted to remedy the defect himself, but has thereby increased the size of the defect or caused further defects, liability for defects shall be excluded to this extent.
(4) Any additional warranties granted by Rübbelberg shall not affect the Customer's statutory warranty claims.
(5) Rübbelberg's customer service can be reached at the following contact details:
Rübbelberg UG (limited liability)
Templiner Straße 18, 10119 Berlin, Germany
E-mail: [email protected]
§8 Copyright and industrial property rights
(1) The content of the website at www.ruebbelberg.de and www.ruebbelberg.com, in particular texts, graphics, photos, images, moving images, sound recordings and software (hereinafter: "Content"), is the (intellectual) property of Rübbelberg, its licensees or ContentProviders, unless third party copyrights exist. Duplications, adaptations, translations and other processing of the Content, including the use of the Content, in particular on platforms such as www.ebay.com, are not permitted.
(2) Listed trademarks and brand names are (intellectual) property of their respective owners.
Data protection:
(1) All personal data provided by the Customer (e.g. title, name, address, e-mail address) shall be collected, processed and stored by Rübbelberg exclusively in accordance with the provisions of European and German data protection law.
(2) Rübbelberg shall use the data provided by the Customer for the fulfilment and processing of the order. The Customer's data shall be passed on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. In order to process payments, Rübbelberg shall pass on the Customer's payment data to Rübbelberg's house bank or payment service provider, if applicable. Upon complete execution of the contract and complete payment of the purchase price, the Customer's data shall be blocked for further use and shall be completely deleted upon expiry of retention obligations under tax and commercial law.
(3) Rübbelberg provides supplementary information on data protection on www.ruebbelberg.de and www.ruebbelberg.com.
§9 Liability
(1) Rübbelberg shall be liable in accordance with the statutory provisions, unless liability is excluded in accordance with the following provisions.
(2) Rübbelberg excludes liability for slightly negligent breaches of duty, unless damages from injury to life, body or health or guarantees are affected or claims under the Product Liability Act are affected. Furthermore, the liability for the breach of obligations, the fulfilment of which enables the proper performance of the contract in the first place and on the compliance with which the Customer may regularly rely, shall remain unaffected.
(3) The provisions of this § 13 shall also apply to breaches of duty by vicarious agents of Rübbelberg.
final provisions
(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) Should any provision of these GTC be or become legally invalid, this shall not affect the validity of the remaining provisions.