General Terms and Conditions

General terms and conditions and customer information

1. general terms and conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you (hereinafter referred to as “Customer“) conclude with us as Rau GmbH (hereinafter referred to as “Supplier“).

(2) All agreements and offers are based on the supplier’s terms and conditions. They shall be deemed to have been accepted by placing the order or accepting the delivery. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted. Deviating terms and conditions of the customer which are not expressly recognized by the supplier are not binding for him, even if he does not expressly object to them.

(3) An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity. A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.

§ 2 Offer and conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).

(3) A contract is only concluded by the order confirmation and, in the case of an ongoing business relationship, by the sending of an invoice by the Supplier, unless the Supplier has expressly made the Customer a firm offer.

(4) Inquiry and contract via the online shopping cart system:

By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.

After clicking on the “Checkout” or “Continue to order” button (or similar) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.

If you use an instant payment system (e.g. PayPal) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the “back” function of the Internet browser) or canceling the order.

By sending the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “order with obligation to pay”, “pay” / “pay now” or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Price calculation

(1) The prices are calculated according to the price list valid on the day of the order. They apply ex works excluding packaging, freight, postage and insurance costs. Prices are quoted in euros. The statutory value added tax shall be added. Promotional prices apply for the specified period and for specified promotional quantities.

(2) For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the supplier is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

§ 4 Payment

(1) Payments, with the exception of initial orders and online store purchases, are to be made without deduction within 10 days of readiness for dispatch and/or the date of the invoice, irrespective of receipt of the goods and without prejudice to the right to give notice of defects. Separate terms of payment can be found on the respective invoice. For each order, we reserve the right not to offer certain payment methods and to use other payment methods which are also free of charge for you.

(2) The customer may only pay in advance for the first order. The first (up to five) orders must always be paid in advance.

(3) In the case of prepayment by (advance) bank transfer, the order will be processed and dispatched by the supplier as soon as the payment has been received after the invoice has been sent. Depending on the credit institution, it may take one to three working days from the creation of the transfer order until the supplier has received the payment.

(4) PayPal The PayPal payment method is only available in the supplier’s online store. The customer must register for this at www.paypal.com, whereby the terms of use of www.paypal.com apply. If a payment method is selected that is offered via “PayPal” / “PayPal Checkout”, the payment is 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 labeled button on our website and in the online ordering process. PayPal” may use other payment services for payment processing; if special payment terms 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.

(5) SEPA direct debit: When paying by SEPA direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit will be collected within 7 days of conclusion of the contract or in accordance with the agreed payment period.

The deadline for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that there are sufficient funds in the account on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred.
You may revoke the direct debit mandate at any time. A revocation must be received by the supplier in writing with a handwritten signature.

(6) The Purchaser shall only be permitted to withhold payments and offset them against undisputed or legally established counterclaims. The supplier is not obliged to accept checks and bills of exchange as payment.

(7) If the payment deadline is exceeded, the supplier shall be entitled to charge interest on arrears at the usual bank rates for credit utilization. Discount charges shall be borne by the customer.

(8) If, after conclusion of the contract, circumstances become known which are likely to reduce the creditworthiness of the customer, all claims shall become due immediately, irrespective of the term of any bills of exchange accepted. Such circumstances shall also entitle the Supplier to perform outstanding services only against advance payment or provision of security and to withdraw from the contract after the expiry of a reasonable grace period or to claim damages for non-performance.

(9) There is no entitlement to a specific payment method.

§ 5 Delivery / shipment and transfer of risk

(1) Unless otherwise agreed, the ordered products shall be delivered by dispatch to the delivery address specified by the customer when placing the order.

(2) Shipment shall in any case be at the expense and risk of the Purchaser. The risk shall pass to the Purchaser at the latest when the delivery parts are dispatched, even if partial deliveries are made or the Supplier has assumed other services, e.g. the shipping costs or transportation and installation. This applies both to deliveries free station and to FOB and CIF deliveries. In the event of extraordinary shipping instructions from the customer (express, express goods, express mail, freight forwarder), the transportation costs shall be borne by the customer.

(3) If dispatch is delayed due to circumstances for which the Buyer is responsible, the risk shall pass to the Buyer from the day on which the goods are ready for dispatch; however, the Supplier shall be obliged to take out the insurance requested by the Buyer at the latter’s request and expense. If the goods are initially taken into stock, the day of completion shall be deemed the day of readiness for dispatch.

(4) If the Purchaser does not make any further specification, the choice of transport route and means of transport shall be at the discretion of the Supplier. The Supplier may select the shipping route, shipping method and shipping means to the exclusion of any liability and without guarantee for the fastest and cheapest transportation. Return deliveries must be packed properly. Damage due to improper packaging shall be borne by the sender.

(5) If the transport company is unable to deliver the ordered products, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the supplier had notified him of the service in good time.

(6) The Supplier shall be entitled to make partial deliveries to the Customer to a reasonable extent.

(7) The supplier is entitled to insure the delivery item against theft, breakage, fire, water and other damage at the customer’s expense, unless the customer has demonstrably taken out the insurance himself.

(8) Shipping costs:

The shipping costs are 12 € (plus VAT) for shipments within Germany. For shipments within the EU or international shipments, the current rates of the respective country apply. These can be requested in advance.

The handling costs for international orders under 1000 € value of goods are 10 € (plus VAT). There is no free freight limit. The shipping costs incurred will be charged per shipment according to the current rates of the shipping company.

We charge an additional €22 (plus VAT) for bulky goods shipments.

Additional costs:
– Minimum order surcharge (under 50 euros, not for accessories store orders): additional 8 €
– Distance (for distance orders / different delivery address, not for repairs): additional 8 €

For orders via the accessories store to Germany, we charge €8 per order (plus VAT). Shipping costs outside Germany and only to EU countries are a flat rate of €20 per order (plus VAT). For Switzerland, Norway and the United Kingdom, the shipping costs are €90 per order (plus VAT).

§ 6 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following shall apply in addition:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

§ 7 Warranty claims

(1) The statutory liability for defects shall apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.

(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed 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.

(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own information and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by repair or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods. The warranty period for the replacement part and the repair is six months.

(5) No warranty is assumed for damage caused by the following reasons: opening or modifying the products, unsuitable or improper use, faulty assembly, commissioning and maintenance by the customer or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating materials, replacement materials, defective construction work, chemical, electrochemical or electrical influences, unless they are attributable to the fault of the supplier.

§ 8 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).

(2) The place of performance for all services arising from the business relationships existing 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. All disputes arising from the contractual relationship shall be brought before the court of the supplier. The supplier’s place of jurisdiction is Augsburg. 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 appeal to the court at another legal 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.

§ 9 Right of the Customer to withdraw from the contract and other liability of the Supplier

(1) The Buyer may withdraw from the contract if the entire performance becomes finally impossible for the Supplier before the transfer of risk. The same shall apply if the Supplier is unable to perform. The Purchaser may also withdraw from the contract if, in the case of an order for similar items, the performance of part of the delivery becomes impossible in terms of quantity and the Purchaser has a legitimate interest in rejecting a partial delivery; if this is not the case, the Purchaser may reduce the consideration accordingly.

(2) The Purchaser shall also have the right to withdraw from the contract if the Supplier allows a reasonable period of grace granted to it for the repair and replacement of a defect for which it is responsible within the meaning of the Terms and Conditions of Delivery to expire fruitlessly through its own fault. The Purchaser’s right of withdrawal shall also exist in the event of impossibility or inability of repair or replacement delivery by the Supplier.

§ 10 Liability for secondary obligations

Sections 7 and 8 shall apply accordingly if, through the fault of the Supplier, the delivered item cannot be used by the Purchaser in accordance with the contract due to omitted or faulty execution of proposals and advice provided before or after conclusion of the contract as well as other contractual ancillary obligations – in particular instructions for operation and maintenance of the delivery item.

2. customer information

1. identity of the seller

Rau GmbH
Deutzring 6a
D-86405 Meitingen
Phone: +49 8271 80 17-0
Fax: +49 8271 80 17-17
E-mail: info@rau-systems.de

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 bodies.

2. information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part 1).

3. contract language, contract text storage

3.1.
Vertragssprache ist Deutsch.

3.2.
Der vollständige Vertragstext wird von uns nicht gespeichert.
Vor Absenden der Bestellung über das Online – Warenkorbsystem können die Vertragsdaten über die Druckfunktion des Browsers ausgedruckt oder elektronisch gesichert werden.
Nach Zugang der Bestellung bei uns werden die Bestelldaten, die gesetzlich vorgeschriebenen Informationen bei Fernabsatzverträgen und die Allgemeinen Geschäftsbedingungen nochmals per E-Mail an Sie übersandt.

3.3.
Bei Angebotsanfragen außerhalb des Online-Warenkorbsystems erhalten Sie alle Vertragsdaten im Rahmen eines verbindlichen Angebotes in Textform übersandt, z.B. per E-Mail, welche Sie ausdrucken oder elektronisch sichern können.

4. essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5 Prices and terms of payment

5.1.
Die in den jeweiligen Angeboten angeführten Preise sowie die Versandkosten stellen Gesamtpreise dar.
Sie beinhalten alle Preisbestandteile einschließlich aller anfallenden Steuern.

5.2.
Die anfallenden Versandkosten sind nicht im Kaufpreis enthalten.
Sie sind über eine entsprechend bezeichnete Schaltfläche auf unserer Internetpräsenz oder im jeweiligen Angebot aufrufbar, werden im Laufe des Bestellvorganges gesondert ausgewiesen und sind von Ihnen zusätzlich zu tragen.

5.3.
Erfolgt die Lieferung in Länder außerhalb der Europäischen Union können von uns nicht zu vertretende weitere Kosten anfallen, wie z.B. Zölle, Steuern oder Geldübermittlungsgebühren (Überweisungs- oder Wechselkursgebühren der Kreditinstitute), die von Ihnen zu tragen sind.

5.4.
Entstandene Kosten der Geldübermittlung (Überweisungs- oder Wechselkursgebühren der Kreditinstitute) sind von Ihnen in den Fällen zu tragen, in denen die Lieferung in einen EU-Mitgliedsstaat erfolgt, die Zahlung aber außerhalb der Europäischen Union veranlasst wurde.

5.5.
Die Ihnen zur Verfügung stehenden Zahlungsarten sind im jeweiligen Angebot oder unter einer entsprechend bezeichneten Schaltfläche auf unserer Internetpräsenz ausgewiesen.

5.6.
Soweit bei den einzelnen Zahlungsarten nicht anders angegeben, sind die Zahlungsansprüche aus dem geschlossenen Vertrag sofort zur Zahlung fällig.

6. terms of delivery

6.1.
Die Lieferbedingungen, der Liefertermin sowie gegebenenfalls bestehende Lieferbeschränkungen finden sich im jeweiligen Angebot oder unter einer entsprechend bezeichneten Schaltfläche auf unserer Internetpräsenz.

6.2.
Soweit Sie Verbraucher sind, ist gesetzlich geregelt, dass die Gefahr des zufälligen Untergangs und der zufälligen Verschlechterung der verkauften Sache während der Versendung erst mit der Übergabe der Ware an Sie übergeht, unabhängig davon, ob die Versendung versichert oder unversichert erfolgt.
Dies gilt nicht, wenn Sie eigenständig ein nicht vom Unternehmer benanntes Transportunternehmen oder eine sonst zur Ausführung der Versendung bestimmte Person beauftragt haben.
Sind Sie Unternehmer, erfolgt die Lieferung und Versendung auf Ihre Gefahr.

7. statutory liability for defects

Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part 1).

Status: 01.01.2024, IM