General terms and conditions and customer information
I. General terms and conditions
§ 1 Basic provisions
(1) The following terms and conditions shall apply to contracts that you conclude with us as the provider (ritterwerk GmbH) via the website www.ritterwerk.de. Unless otherwise agreed, the inclusion of any own terms and conditions used by you shall be contradicted.
(2) Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity, which acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Realization of the contract
(1) The purpouse of the contract is the sale of goods.
(2) We establish a legally binding offer to enter into a contract using the online shopping cart system in accordance with the terms outlined in the item description as soon as the relevant product is placed on our website.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the "shopping cart". Via the corresponding button in the navigation bar you can call up the "shopping cart" and make changes there at any time.
After calling up the page "checkout" and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page.
If you use an instant payment system as payment method (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort), you will either be taken to the order overview page in our online shop or you will first be forwarded to the website of the provider of the instant payment system.
If the forwarding to the respective instant payment system takes place, you make the appropriate selection and/or input of your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before sending the order you have the possibility to check all data again, to change it (also via the function "back" of the internet browser) or to cancel the purchase.
By sending the order via the button "chargeable order" you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your enquiries regarding the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of e-mails is technically ensured and, in particular, that SPAM filters do not prevent it.
§ 3 Special agreements on offered payment methods
(1) Payment via SOFORT / Instant bank transfer
If the payment method Sofort / Sofortüberweisung is selected, the payment will be processed via the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). A prerequisite for using the SOFORT payment method is that you have an online banking account activated for this purpose. During the payment process in the context of the order, you must legitimise yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after placing the order. You can find more information about SOFORT athttps://www.klarna.com/sofort/ .
(2) Payment via "Paypal" / "Paypal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website as well as in the online ordering process. PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 4 Right of retention, reservation of ownership
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods will remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory rights of liability for defects apply.
(2) You are required to inspect the items upon delivery for completeness, evident flaws, and shipping damage. You are also required to report any concerns to us and the courier as soon as you possible. Your statutory warranty claims will not be affected if you fail to do this.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law, place of fulfillment, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The place of performance for all services arising from the business relations with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr
We are willing to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the realisation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction shall be carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The language of the contract shall be German.
3.2 The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved via the browser's print function. After receipt of the order by us, the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping basket system, you will receive all contract data within the framework of a binding quotation in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of conduct
4.1 We have submitted to the Code of Conduct of the portal, which can be viewed at: www.ritterwerk.de/pdfs/unternehmen/zvei-code-of-conduct-de-stand-22-09-08.pdf .
5. Essential features of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment modalities
6.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you unless delivery free of shipping costs has been promised.
6.3 Any costs incurred for the transfer of money (transfer fees or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.4 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.5 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Terms of delivery
7.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
8. Legal liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 29.11.2022