General Terms and Conditions with Customer Information
General Terms and Conditions with Customer Information
of RECARO Gaming GmbH & Co. KG
Telephone: +49 (0)711 504 376 44
Email address: firstname.lastname@example.org
Registered in the Commercial Register of the Stuttgart District Court under HRA 734340, represented by RECARO Gaming Verwaltungs GmbH, entered in the Commercial Register of the Stuttgart District Court under HRB 764372, which in turn is represented by the managing directors Daniel Behres und Lars Schilling
Updated: July 2021
Table of contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Terms of delivery and shipping
- Retention of title
- Liability for defects (warranty)
- Redemption of Promotional Vouchers
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1.1 These General Terms and Conditions of Business (hereinafter “GTC”) of RECARO Gaming GmbH & Co. KG (hereinafter “Seller”), shall apply in the version valid at the time of the order exclusively to all contracts for the delivery of goods which a consumer or business operator (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online store. Deviating general terms and conditions of the Customer shall not be recognized and the inclusion of the Customer’s own terms and conditions is hereby ruled out, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (Art. 13 of the German Civil Code (BGB)). A business operator within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts to exercise his commercial or self-employed professional activity (Art. 14 BGB).
2) Conclusion of contract
2.1 The Customer may submit an offer via the online order form integrated into the Seller’s online store. In doing so, the Customer collects the selected goods in a virtual shopping cart via the “Add to cart” button. Before submitting their legally binding order via the Seller’s online order form, the Customer has the opportunity to identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process. In order to correct the product shown on the summary page with the “Order and pay” button or the quantity thereof, please return to the shopping cart using the browser’s back arrow button provided for this purpose.
2.2 The Customer can then submit the offer by clicking on the “Continue to checkout” button. After completing the electronic ordering process, in which the Customer enters their billing details and a different delivery address if necessary, checks their order, and selects a payment method (advance payment, PayPal, credit card, SOFORT transfer, or Giropay), they can submit a legally binding contractual offer in relation to the goods in the shopping cart by clicking the “Order and pay” button. However, the offer can only be made if the Customer accepts these GTC and consents to the processing of their data. These GTC thus form part of the contract.
2.3 In the case of an advance payment or credit card payment, the product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer. For the payment methods PayPal, SOFORT transfer, and giropay, section 2.6 of these GTC shall apply.
2.4 The Seller will immediately send the Customer an automatic acknowledgment of receipt in which the Customer’s order is listed again and which the Customer can print out using the “Print” function. In the case of an advance payment or credit card payment (cf. 2.3), the automatic confirmation of receipt merely documents that the Seller has received the Customer’s order, and does not constitute acceptance of the offer. The contract is only concluded by the declaration of acceptance in accordance with section 2.5 of these GTC.
2.5 The Seller may accept the Customer’s offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (by fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
- by delivering the goods ordered to the Customer, in which case the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the order has been placed or, in the case of payment by credit card, by requesting credit from the respective financial institution.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time the first of one of the aforementioned alternatives occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.6 By way of exception from sections 2.3–2.5 of these GTC, the product and descriptions of the goods in the Seller’s online store constitute binding offers if the Customer selects PayPal, SOFORT transfer, or giropay as the payment method. The Customer accepts the Seller’s offer by placing a binding order by clicking on the “Order and pay” button.
2.7 The text of the contract shall be stored by the Seller in the order confirmation and transmitted to the Customer in text form (e.g. email, fax, or letter) after the Customer has submitted their order. The Seller shall not make the text of the contract accessible beyond this. If the Customer sets up a user account in the Seller’s online store before submitting their order, the order data will be archived on the Seller’s website, and can be viewed by the Customer free of charge in their password-protected user account by providing the corresponding login details.
2.8 Only the German and English languages are available for the conclusion of the contract.
2.9 Order processing is usually automated and contact usually takes place via email. The Customer must ensure that the email address they provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a statutory right of withdrawal when concluding a transaction remotely.
3.2 More detailed information on the right of withdrawal can be found in the Seller’s withdrawal policy, which is sent to the Customer along with the order confirmation. The Customer can also access this information on the Seller’s homepage under “Information,” under the keywords “Right of withdrawal & withdrawal form.” The Customer will also find a sample withdrawal form there.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices inclusive of the statutory VAT. Any additional shipping costs incurred shall be stated separately in the respective product description and shall be borne by the Customer subject to section 5.6.
4.2 The payment option(s) are communicated to the Customer on the homepage of the Seller’s online store under “Info,” under the keyword “Payment methods.” Payment of the purchase price is due immediately upon conclusion of the contract. If the Customer chooses “Advance payment,” the Customer is obliged to pay immediately upon the conclusion of the contract.
4.4 If the credit card payment method is selected, the payment amount will be debited from the credit card (MasterCard, American Express, or VISA) and credited to the Seller. For this purpose, the Customer must provide the credit card number, the expiry date of the credit card, and the verification number. If the Customer’s credit card is activated for 3D-Secure (Verified by Visa, or MasterCard SecureCode), the Customer will be forwarded to their bank for a security check. The purchase price owed will be debited when the goods are dispatched.
4.5 If the “SOFORT” payment method is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via SOFORT, the Customer must have an online banking account with the PIN/TAN system activated for participation in SOFORT, must validate their identity during the payment process, and must confirm the payment instruction to SOFORT. The payment transaction is then immediately carried out by SOFORT and the Customer’s bank account is debited. More detailed information on the “SOFORT” payment method is available to the Customer on the Internet at https://www.klarna.com/sofort/.
4.6 If the giropay payment method is selected, the payment will be processed via giropay GmbH, An der Welle 4, 60322 Frankfurt/Main (hereinafter “giropay”). When paying with giropay, the Customer is directed from the online shop to their financial institution via a secure connection. Here the Customer performs the transfer in the usual online banking environment of their bank, and is then redirected back to the store pages. Immediately after the successful transfer, the Seller receives a payment guarantee from the Customer’s bank. The money is credited to the Seller’s account within two banking days. The fact that the Customer carries out the online transfer in the secure online banking environment of their bank guarantees that sensitive data (PIN/TAN) is only exchanged between the Customer and their bank. The Customer’s personal account and transaction information thus remain confidential.
4.7 The Customer can change the payment method specified in their account at any time.
4.8 If the due date for payment is determined by the calendar, the Customer shall already be in default if they miss the deadline. In this case, they shall pay the Seller interest on arrears for the year at the rate of 5 percentage points p.a. above the base rate. The Customer’s obligation to pay default interest does not preclude the Seller from claiming further damages for default.
5) Terms of delivery and shipping
5.1 Shipping times stated by the Seller are calculated from the time of conclusion of the contract (cf. 2.5 above for credit card payment and 2.6 for Paypal, SOFORT, and giropay). Where advance payment is chosen by the Customer, the delivery time is calculated from the receipt of payment. If no or no deviating shipping time is specified for the respective goods in the Seller’s online store, it shall be 15 days. The delivery period shall be deemed to have been met if the goods have been handed over to the transport company by the time it expires.
5.2 If the product selected by the Customer is out of stock at the time of the Customer’s order, the Seller shall inform the Customer of this immediately in the order confirmation.
5.3 If the product is permanently unavailable, the Seller shall refrain from issuing a declaration of acceptance if the Customer has chosen advance payment or payment by credit card. In this case, a contract is not concluded.
5.4 If the product is permanently unavailable and the Customer has selected one of the PayPal, SOFORT transfer, or giropay payment methods, so that a contract is concluded in accordance with section 2.6 of these GTC, the Seller has a right to withdraw from the contract if the Seller was not supplied correctly, completely, and on time by their upstream supplier if they have concluded a congruent covering transaction and neither the Seller nor their upstream supplier is at fault or the Seller is obliged to procure in the individual case. Any payments made by the Customer to the Seller shall be refunded immediately.
5.5 The following delivery restrictions apply: the Seller will only deliver to Customers who can provide a delivery address in one of the following countries: Germany, France, Italy, Netherlands, Austria, and Spain.
5.6 The delivery of goods shall be made by dispatch to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.
5.7 If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful dispatch. This does not apply if the Customer is not responsible for the circumstances that led to the unsuccessful delivery or if the Customer was temporarily prevented from accepting the performance offered, unless the Seller had given the Customer reasonable advance notice of the performance. Furthermore, this does not apply with regard to the costs for the delivery if the Customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the Customer, the provision made in the Seller’s withdrawal instructions shall apply to the return costs.
5.8 Collection in person is not possible for logistical reasons.
6) Retention of title
If the Seller makes an advance delivery, they shall retain ownership of the delivered goods until the purchase price owed has been paid in full.
7) Warranty for material defects
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply, in particular Art. 434 et sec. BGB.
7.2 The limitation period for statutory claims for defects pursuant to Art. 438(1)(3) BGB is two years and begins with the delivery of the goods. With respect to business operators, this limitation period shall be 12 months for goods delivered by the Seller, unless otherwise individually agreed.
7.2 Deviating from this, the following shall apply to the delivery of used goods to consumers: claims for defects regardless of fault (subsequent performance, reduction, and withdrawal) shall be excluded if the defect is only asserted after the expiry of one year from the delivery of the goods. The following applies to the delivery of used goods to business operators: the claims for defects regardless of fault (subsequent performance, reduction, and withdrawal) are excluded.
7.3 The reduction of the liability period in 7.1 and 7.2 of these GTC to one year shall not, however, apply
- for claims for damages and reimbursement of expenses of the Customer, as well as
- in the event that the Seller has fraudulently concealed the defect
- in the case of guarantees (Arts. 444 and 639 BGB), and
- if the last contract in the supply chain according to Art. 445(a) BGB is a consumer contract/according to Art. 474 BGB).
Claims under the Product Liability Act (Produkthaftungsgesetz) and the statutory provisions on suspension of expiry, suspension, and recommencement of time limits shall remain unaffected.
7.4 The Customer is requested to lodge a complaint regarding delivered goods with obvious transport damage with the deliverer and to inform the Seller of said damage. If the Customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8.1 Claims by the Customer for damages are excluded subject to section 8.2 of these GTC.
8.2 The Seller shall be liable, irrespective of the legal grounds, only—and this shall also apply where executives or vicarious agents have been employed—if:
(a) the Seller is guilty of gross negligence or intent;
(b) the Seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the delivery item;
(c) the Seller has culpably caused damage to life, health, or body; or
(d) the Seller breaches cardinal obligations, i.e.
- in the event of material breaches of duty that jeopardize the achievement of the purpose of the contract, or
- in the event of a breach of obligations, the fulfillment of which is a prerequisite for the proper performance of the contract, and on the observance of which the Customer may regularly rely (“cardinal obligations”).
In the case of Section 8.2 (d) of these GTC, however, the Seller’s liability shall be limited to compensation for foreseeable, typically occurring damage in the event of only minor negligence.
8.3 Claims under product liability law shall remain unaffected. A change in the burden of proof to the detriment of the Customer is not implied by the above provisions.
9) Redemption of Promotional Vouchers
9.1 Vouchers issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can only be redeemed in the Seller’s online store and only during the specified period.
9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.
9.3 Promotional Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Only one Promotional Voucher can be redeemed per order.
9.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.
9.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.7 The credit balance of a Promotional Voucher is neither paid out in cash nor does it earn interest.
9.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in full or in part with the Promotional Voucher within the scope of their statutory right of withdrawal.
9.9 The Promotional Voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Promotional Voucher in the Seller’s online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of representative authority of the respective holder.
10) Applicable law
All legal relations between the parties shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of its private international law insofar as it refers to the applicability of another legal system. The application of the UN Convention on Contracts for the International Sale of Goods (C.I.S.G.) and other bilateral and multilateral agreements serving the standardization of international sales is excluded. In the case of consumers, this choice of law shall only apply to the extent that mandatory provisions of the law of the state in which the consumer is habitually resident do not supersede it for the purposes of consumer protection.
11) Final provisions
11.1 If the Customer is a merchant, a legal entity under public law, or a special fund under public law with their registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s registered office. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to bring an action before the court at the Customer’s registered office.
12) Alternative dispute resolution
12.1 The European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.