Conditions

General terms and conditions of business

1) Scope

1.1 These General Terms and Conditions of Rawely apply to all contracts for the delivery of goods that a consumer or entrepreneur concludes with the seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 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 (e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

  • by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on 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 is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (email) after the order has been sent. The seller will not make the contract text available beyond this.

2.5 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.6 Only the German language is available for the conclusion of the contract.

2.7 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address 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 generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the cancellation policy of the seller.

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4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.

4.3 When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.4 If the payment method "PayPal Credit" (payment in installments via PayPal) is selected, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal carries out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the payment method "PayPal Credit" if the result of the check is negative. If the payment method "PayPal Credit" is approved by PayPal, the customer must pay the invoice amount to PayPal under the conditions set by the seller, which are communicated to him in the seller's online shop. In this case, he can only pay to PayPal with a debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery times, shipping, returns, complaints, declarations of revocation and revocations or credit notes.

4.5 If the payment method "PayPal invoice" is selected, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal carries out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the payment method "PayPal invoice" in the event of a negative check result. If the payment method "PayPal invoice" is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment deadline. In this case, the customer can only pay to PayPal with debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and remittances or credit notes. In addition, the general terms of use for the use of PayPal's purchase on account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

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4.6 In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is always made to Klarna: Invoice: When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. Installment purchase: With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least under the conditions otherwise stated in the checkout. You can find more information about installment purchase, including the general terms and conditions and the European standard information for consumer credit, at Klarna. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations for Germany/Austria. You can find Klarna's terms and conditions here https://www.klarna.com/de/agb/

4.7 Pay securely online with Visa, AMEX or MasterCard. Your payment will be processed using secure encryption and in compliance with strict banking standards by Stripe. Your card details will be sent directly to your bank. Only your bank will have access to and be able to read these details. Ifely does not charge any additional fees for card payments. However, depending on your card and bank, your bank may impose a surcharge. When paying by credit or debit card, base terms apply once the card transaction is approved. If no payment is received after submitting your order, Ifely may automatically cancel your order.

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5) Delivery and shipping conditions

5.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When ordering via the seller's online order form, the delivery address specified in the online order form is decisive. Deviating from this, if the PayPal payment method is selected, the delivery address stored by the customer with PayPal at the time of payment is decisive.

5.2 If the transport company returns the goods to the seller because delivery to the customer was not possible, the customer will bear the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance. Furthermore, this does not apply with regard to the costs of delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes when the goods are handed over to the customer or a person authorized to receive them. In deviation from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer in the case of consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the other person or institution designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of title

6.1 The Seller reserves title to the delivered goods until the purchase price owed has been paid in full by the Consumer.

6.2 The Seller reserves title to the goods delivered to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the normal course of business. The customer assigns all claims against third parties arising from this to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not fall into arrears and no application for the opening of insolvency proceedings has been filed .

7) Liability for defects (warranty)

If the purchased item is defective, the provisions of statutory liability for defects apply. The following applies in deviation from this:

7.1 If the customer acts as an entrepreneur,

  • the seller has the choice of the type of subsequent performance;

  • For new goods, the limitation period for defects is one year from the transfer of risk;

  • In the case of used goods, rights and claims due to defects are generally excluded;

  • The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2 If the customer is a consumer, the following applies to used goods with the restriction of the following clause: Claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period.

7.3 The limitations of liability and shortening of time limits set out in the preceding paragraphs do not apply

  • for items that have been used for a building in accordance with their usual use and have caused its defectiveness,

  • for claims for damages and reimbursement of expenses by the customer, as well as

  • in the event that the seller has fraudulently concealed the defect.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for the recourse claim according to Section 445b of the German Civil Code (BGB) remain unaffected.

7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set out therein, the goods are deemed to have been approved.

7.6 If the customer is acting as a consumer, he is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his legal or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason

  • in case of intent or gross negligence,

  • in the event of intentional or negligent injury to life, body or health,

  • due to a guarantee promise, unless otherwise provided,

  • due to mandatory liability such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the damage that is typical for the contract and foreseeable, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on the seller in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.

8.3 Otherwise, the Seller’s liability is excluded.

8.4 The above liability provisions also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

9) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

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10) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is 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 is in any case entitled to take legal action before the court at the customer's place of business.

11) Alternative dispute resolution

11.1 The EU 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 contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

11.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.