General terms and conditions of sale (last revised: August 2018)

  1. Scope of validity

1.1 These general terms and conditions of sale (hereinafter referred to as ‘T&Cs’) apply to all distance-selling contracts for goods presented via our website https://www.reedmaster.de/AGB or in other media that are entered into between us and our customers. The T&Cs apply irrespective of whether the customer is a consumer, a professional or a merchant.

1.2 All agreements entered into between the customer and us in the context of the purchase agreement shall comprise in particular these T&Cs and our written order confirmation (including by fax or e-mail).

1.3 These T&Cs in the version applicable at the point at which the customer places the order, and in any event the most recent version supplied to the customer in text form, shall apply as a master agreement without us being required to make reference thereto in each individual case, and this shall also include similar future agreements.

1.4 We shall not accept any varying terms and conditions supplied by the customer. This also applies where we do not expressly object to the inclusion of such terms and conditions.

  1. Conclusion and subject matter of the contract

2.1 The prices, illustrations, product presentations and advertising of items on our website or in other media do not represent a binding offer to enter into a sale agreement and are non-binding.

2.2 The customer makes a legally binding order on submission of an order by letter, fax, e-mail or telephone. The customer shall be bound to the order for a duration of two weeks after its submission. This is without prejudice to any right to cancel the order accruing to him or her under clause 3.

2.3 A contract shall only come about when we confirm the customer’s order via a written order confirmation (including by fax or e-mail) or by delivery of the ordered items.

2.4 If it is not possible to deliver the goods ordered by the customer, for example because the goods in question are not in stock, we will notify the customer accordingly in the order confirmation without undue delay. If the goods cannot be delivered at all, we will not provide an order confirmation. In this case no contract shall come about.

2.5 In all cases the subject matter of the agreement is the product ordered by the customer or manufactured to his or her specifications. If the product is manufactured to the customer’s specifications, the customer shall provide us with all necessary and appropriate information following conclusion of the contract without undue delay. We do not review the content of the information provided for accuracy and to that extent do not accept any liability for errors, even if we confirm the customer’s specifications on or following the confirmation of acceptance. We are also entitled to deviate from the customer’s specifications within a standard industry range, provided this deviation is reasonable to the customer.

  1. Right of cancellation

3.1 If the customer is a consumer (i.e. a natural person who places the order for a purpose that is attributable neither to his or her commercial or self-employed professional activity), the customer is entitled to a right of cancellation in accordance with the statutory provisions.

3.2 If the customer as a consumer avails himself or herself of the right of cancellation under paragraph 1, he or she shall be liable for the standard costs of the return shipment.

3.3 In all other respects the right of cancellation shall be governed by the rules that are set out in detail in the following cancellation policy:

Right of cancellation

You have the right to cancel this contract within 14 days without providing reasons.

The cancellation period is 14 days following the day on which you or a third party nominated by you who is not the freight forwarder took receipt of the goods.

To exercise your right of cancellation, you need to notify us

Reedmaster GmbH, Lülsdorfer Straße 38, 53842 Troisdorf, Germany,

managing director: Rainer Korek,

registered in the commercial register of the Local Court of Siegburg under HRB 14952,

phone number: +49 2241 9225020,

fax number: +49 2241 404350,

e-mail address: info@reedmaster.de

via an unambiguous declaration (e.g. a letter sent by regular mail, fax or e-mail) about your decision to cancel this contract. You can use the sample cancellation form for this purpose, although this is not a firm requirement. You can also complete and submit the sample cancellation form or another unambiguous declaration electronically on our website https://www.reedmaster.de/Widerruf. If you avail yourself of this opportunity, you will receive a confirmation of the receipt of such a cancellation without undue delay (e.g. by e-mail).

To meet the cancellation deadline, it is sufficient that you send the notification that you are exercising your right of cancellation before expiry of the cancellation period.

Consequences of cancellation

If you cancel this contract, we are required to refund you for all payments that we have received from you, including delivery costs (with the exception of the additional costs arising if you chose a different method of delivery than the most cost-effective standard form of delivery offered by us), without undue delay and no later than within 14 days of the day on which the notification of the cancellation of this agreement is received by us. For this repayment we will use the same form of payment that you used for the original transaction, unless a different arrangement has been agreed with you; under no circumstances will you be charged any fees for this repayment. We can refuse to make the repayment until we have received the goods or until you have provided proof that you have returned the goods, depending on which is the earlier point in time.

You are required to return or hand back the goods to us without undue delay and no later than within 14 days of the day on which you notify us of the cancellation of this agreement. The deadline shall be deemed met if you ship the goods before the end of the 14-day period.

You shall bear the direct costs of the return of the goods.

You shall only be required to pay for any loss of value of the goods if this loss of value is attributable to non-essential handling of the goods on inspection of the composition, qualities and function of the goods.

– End of the cancellation policy –

3.4 The right of cancellation shall not apply to distance-selling contracts for the supply of goods produced to the customer’s specification or that are unambiguously tailored to the customer’s personal requirements.

3.5 We provide information about the sample cancellation form as follows in accordance with the statutory position:

Sample cancellation form

(If you would like to cancel the contract, please complete this form and return it to us.)

To
Reedmaster GmbH, Lülsdorfer Straße 38, 53842 Troisdorf, Germany
Phone number: +49 2241 9225020
Fax number: +49 2241 404350
E-mail address: info@reedmaster.de
I/we (*) hereby cancel the contract entered into by me/us (*)
for the purchase of the following goods (*) / provision of the following
service (*)
Ordered on (*) / received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if submitted in hard copy)
Date
(*) Delete as applicable

  1. Delivery terms and reservation of right to demand advance payment

4.1 We are entitled to perform partial deliveries, provided this is reasonable for the customer.

4.2 Information relating to delivery times should be deemed to be approximate and non-binding. Only deadlines for delivery and performance that have been expressly agreed in writing shall be binding. Subject to the provision in paragraph 3, the delivery period shall commence on conclusion of the contract and end with the handover of the goods by the shipping company to us.

4.3 Where products are ordered that are produced to customer specifications, or in the case of orders by customers whose place of residence or business is abroad, or where there are justified indicators of a risk of non-payment, we reserve the right to delay delivery until after the purchase price and shipping costs have been received (advance payment proviso). If we make use of the advance payment proviso, we shall notify the customer without undue delay. In this case the delivery period shall commence on payment of the purchase price and shipping costs.

4.4 If we are unable to comply with a binding delivery period for reasons for which we are not at fault (non-availability of the goods), we shall notify the customer accordingly without undue delay. If a new delivery period is not acceptable to the customer, or if the goods are no longer available, both parties to the contract are entitled to withdraw from the contract; in this case we shall reimburse the customer for any consideration already rendered without undue delay.

  1. Prices and shipping costs

5.1 The prices and delivery terms set out in our order confirmation shall apply to the exclusion of all others. The prices are gross prices inclusive of statutory VAT and are net of any shipping costs, customs charges and similar expenses that may be incurred.

5.2 If we satisfy the customer’s order by way of partial deliveries pursuant to clause 4.1, the customer shall only be liable for the shipping costs of the first part. If the partial deliveries are performed at the customer’s request, we shall charge shipping costs for each partial delivery.

5.3 If the customer effectively cancels the contractual declaration pursuant to clause 3, he or she may request repayment of any costs already paid for shipping to the customer (outward shipping costs) (cf. clause 3.3 on further consequences of cancellation) provided the statutory prerequisites apply.

  1. Payment terms and set-off

6.1 The purchase price and the shipping costs are payable within two weeks of receipt of our payment, provided advance payment under clause 4.3 does not apply. This shall be done by bank transfer to an account specified by us. On expiry of this period, the customer shall be deemed to be in default even if no reminder is issued.

6.2 The customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been established with legally binding effect.

  1. Reservation of title

We shall retain title over the goods until the purchase price has been received in full. For the duration of the period reservation of title, the purchaser may not sell the goods or otherwise dispose over the title to them.

  1. Warranty

8.1 No warranty claims shall arise in the event of variations to the products within standard industry tolerances that are reasonable for the customer. If the delivered goods are subject to a material defect, the customer may in the first instance request that we remedy the defect or deliver defect-free goods. However, if the customer is a professional, we may choose between rectification of the defect or delivery of defect-free goods; this selection may only be made by way of written notification to the customer within five working days of receipt of the notification of the defect. We may refuse the form of subsequent performance selected by the customer if it would only be possible at disproportionate expense.

8.2 If the subsequent performance under clause 8.1 fails or is not reasonable for the customer, or we refuse to effect the subsequent performance, the customer is entitled to withdraw from the purchase agreement, to reduce the purchase price or to demand compensation for damages or for wasted expenditure in accordance with the applicable law. The customer’s claim to compensation for expenditure or damages shall only apply in this context of this clause 9 of these T&Cs.

8.3 The warranty period is two years following delivery.

8.4 The following shall apply exclusively to professionals: The customer shall inspect the goods without undue delay following receipt. The supplied goods shall be deemed approved by the customer if we are not notified of a defect (i) within five working days of delivery in the case of obvious defects or (ii) otherwise within five working days of discovery of the defect.

  1. Liability

9.1 We shall be liable to the customer in all cases of contractual and non-contractual liability in the event of wilful conduct and gross negligence in accordance with the statutory stipulations regarding compensation for damages or for wasted expenditure.

9.2 In other cases we shall only be liable, unless otherwise provided for in paragraph 3, in the event of the breach of a contractual duty that needs to be satisfied in order to render performance of the contract possible at all and on compliance with which the customer may regularly rely, (known as cardinal obligations) and this shall be limited to compensation for foreseeable damage typical for the type of contract. In all other cases our liability shall be excluded, notwithstanding the provision in paragraph 3.

9.3 The foregoing limitations and exclusions of liability shall have no bearing on our liability for damage occurring as a result of death, personal injury or harm to health and under the German Product Liability Act.

  1. Intellectual property rights, copyright

10.1 All rights to patents, industrial designs, trademarks and other intellectual property rights and copyright for the contractual subject matter are reserved to the rights holders. This applies in particular to the patent by which our goods are covered:

Publication no. WO 2018/113848. Patent holder Walter Lauermann.

The goods supplied by us may not be modified or distorted without our express consent either as originals or reproductions.

10.2 We hold copyright to all images, films and texts that are published on our website or in other media. The images, films and texts may not be used without our express consent.

  1. Privacy policy

Our privacy policy can be viewed on our website at https://www.reedmaster.de/Datenschutz.

  1. Governing law and place of jurisdiction

12.1 The laws of the Federal Republic of Germany shall apply with the exclusion of the provisions of the UN Convention on the International Sale of Goods. If the customer submits the order as a consumer and is ordinarily resident in another country at the point of the order, the governing law selected in sentence 1 shall have no bearing on the application of prevailing legal provisions of that country.

12.2 If the customer is a merchant and has its registered office in Germany at the point of the order, the sole place of jurisdiction shall be the seller’s registered office in Troisdorf. In all other respects, the applicable statutory provisions shall apply in respect of local and international competence.