General Terms and Conditions of Sale for the Marketplace
Scope of application
These terms and conditions apply to all purchases from RevierWELT Media GmbHwhich are made by private customers.
Private customers in this sense are persons with their place of residence and delivery address in the Federal Republic of Germany, insofar as the goods ordered by them cannot be attributed to their commercial or independent professional activity.
Prices and shipping costs
The prices shown are final prices including VAT. The amount shown at the time of the binding order applies. Shipping costs are added, which depend on the shipping method and the size and weight of the item(s) you have ordered. The regular costs of the return shipment, which arise in the case of a return of the goods by you in the exercise of your right of withdrawal shall be borne by you.
Payment
Payment is made upon delivery by credit card.
Default of payment
If you are in default of payment, Revierwelt Media GmbH is entitled to demand default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Revierwelt Media GmbH has demonstrably incurred a higher damage caused by default, Revierwelt Media GmbH is entitled to claim this.
Right of retention
The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery shall be made to the delivery address specified by the customer, within
– Europe
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, Revierwelt Media GmbH’s obligation to perform is excluded. Amounts already paid will be reimbursed by Revierwelt Media GmbH without delay.
(3) REVIERWELT Media GmbH can also refuse performance if this requires an effort which, taking into account the content of the purchase contract and the requirements of good faith, is grossly disproportionate to the customer’s interest in the fulfillment of the purchase contract. Any amounts already paid will be reimbursed by REVIERWELT Media GmbH without delay.
(4) Bulky goods (packages with a volume greater than 1 square meter) are usually delivered by a forwarding agent. REVIERWELT Media GmbH expressly points out that these goods are not carried into the house.
Favorable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged by being opened for functional testing.
(2) Please use the fully stamped and addressed return label enclosed with the delivery to return the goods. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return procedure. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the increased costs compared to a cheaper shipping method.
Retention of title
The delivered goods remain the property of REVIERWELT Media GmbH until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
Defect rights
(1) If a product is already defective at the time of delivery (warranty case), Revierwelt Media GmbH will, at the customer’s discretion, replace it with a defect-free product at the expense of Revierwelt Media GmbH or have it professionally repaired (supplementary performance). The customer is advised that there is no warranty case if the product had the agreed quality at the time of transfer of risk. In particular, a warranty case does not exist in the following cases:
- a) in the event of damage caused to the customer through misuse or improper use,
- b) in the event of damage caused by the products being exposed to harmful external influences on the customer’s premises (in particular extreme temperatures, moisture, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) REVIERWELT Media GmbH also provides no warranty for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of subsequent performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer must be taken into account – the customer’s claim is limited to the other type of subsequent performance. The right of REVIERWELT Media GmbH to refuse this other type of supplementary performance under the aforementioned conditions remains unaffected.
(4) Both in the case of repair and in the case of replacement delivery, the customer is obliged to send the product to the return address specified by Revierwelt Media GmbH at the expense of Revierwelt Media GmbH, stating the order number. Before returning the product, the customer must remove any objects inserted by him from the product. REVIERWELT Media GmbH is not obliged to inspect the product for the insertion of such objects. Revierwelt Media GmbH is not liable for the loss of such objects, unless it was readily apparent to Revierwelt Media GmbH upon return of the product that such an object had been inserted into the product (in this case Revierwelt Media GmbH will inform the customer and hold the object ready for collection by the customer; the customer will bear the costs incurred). Before sending a product for repair or replacement, the customer must also make separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. No liability is accepted for loss of data. It is also the customer’s responsibility to install the software and data and reactivate the passwords after the repaired or replacement product has been returned.
(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by him. The customer must pay compensation for any loss or further deterioration of the goods not caused by the defect and for the impossibility of returning the goods in the period between delivery of the goods and return of the goods not caused by the defect. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation shall not apply to the return of a defective product in the event of a warranty claim,
- a) if the defect justifying withdrawal only became apparent during processing or transformation,
- b) if REVIERWELT Media GmbH is responsible for the deterioration or loss or if the damage would also have occurred at Revierwelt Media GmbH,
- c) if the deterioration or loss has occurred at the customer’s premises despite the fact that the customer has exercised the care that he is used to exercising in his own affairs.
(6) The customer’s liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not led to a contractual condition of the product within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer under a warranty granted by the manufacturer, which are governed by the relevant warranty conditions.
(9) The statutory warranty of REVIERWELT Media GmbH ends two years after delivery of the goods. The period begins with the receipt of the goods.
Liability
(1) In the event of slight negligence, RevierWELT Media GmbH is only liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, body and health. RevierWELT Media GmbH is not liable for other damages caused by slight negligence due to a defect in the object of purchase.
(2) Irrespective of any fault on the part of REVIERWELT Media GmbH, the liability of Revierwelt Media GmbH for fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected. The manufacturer’s guarantee is a guarantee of the manufacturer and does not represent an assumption of a guarantee by Revierwelt Media GmbH.
(3) REVIERWELT Media GmbH is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred if delivery had been made on time.
(4) The personal liability of the legal representatives, vicarious agents and employees of REVIERWELT Media GmbH for damages caused by them through slight negligence is excluded.
Applicable law
The contract concluded between you and REVIERWELT Media GmbH is subject exclusively to the law of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the country in which you have your habitual residence remain unaffected.
Place of jurisdiction
If, contrary to your statements when ordering, you do not have a place of residence in the Federal Republic of Germany or move your place of residence abroad after conclusion of the contract or your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Solms.
Dispute resolution
General information obligations for alternative dispute resolution in accordance with Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Final provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contractual partner is not unreasonably disadvantaged by this.
(2) Amendments or additions to this contract must be made in writing.
