Table of contents
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1. scope of application
2. conclusion of contract
3. right of withdrawal
4. prices, terms of payment and combination of promotions
5. delivery and shipping conditions
6. granting of rights of use for digital content
7. granting of rights of use for license keys
8. duration and termination of subscription contracts
9. reservation of title
10. liability for defects (warranty)
11. liability
12. redemption of promotional vouchers
13 Applicable law
14. place of jurisdiction
15 Alternative dispute resolution
| 1. | Scope of application |
| 1.1. | These General Terms and Conditions (hereinafter referred to as “GTC”) of the company REINER Kartengeräte GmbH & Co KG (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online store. The inclusion of the customer’s own terms and conditions is hereby rejected, unless otherwise agreed. |
| 1.2. | These GTC apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise agreed. In addition to the delivery of the goods, the seller owes the provision of digital content or digital services (hereinafter “digital products”) that are contained in or connected to the goods in such a way that the goods cannot fulfill their functions without them. |
| 1.3. | These GTC apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form. |
| 1.4. | These GTC apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form. |
| 1.5. | These GTC apply accordingly to contracts for the provision of license keys, unless otherwise agreed. The seller is responsible for providing a license key for the use of the digital content or digital services described by it (hereinafter “digital products”) and for granting the contractually agreed rights to use the respective digital products. The customer does not acquire any intellectual property rights to the digital product. The respective product description of the seller is decisive for the quality of the digital product. |
| 1.6. | A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. |
| 1.7. | An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity. |
| 1.8. | Depending on the seller’s product description, the subject of the contract may be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter “subscription contract”). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed intervals. |
| 1.9. | Depending on the seller’s content description, the subject of the contract may be both the one-off provision of digital content and the regular provision of digital content (hereinafter “subscription contract”). In the case of a subscription contract, the seller undertakes to provide the customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed time intervals. |
| 2. | Conclusion of contract |
| 2.1. | The product descriptions contained in the seller’s online store 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 via the online order form integrated into the seller’s online store. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, fax, telephone or online contact form. |
| 2.3. | The seller may accept the customer’s offer within five days,
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed 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 text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer’s order has been sent. The seller will not make the text of the contract available beyond this. |
| 2.5. | Before placing a binding order via the seller’s online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better recognition of input errors can be the browser’s magnification function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process. |
| 2.6. | The German and English languages are available for the conclusion of the contract. |
| 2.7. | Orders are generally processed and contact established by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails 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 right of withdrawal. |
| 3.2 | Further information on the right of withdrawal can be found in the seller’s withdrawal policy. |
| 4. | Prices, terms of payment and combination of promotions |
| 4.1. | Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description. |
| 4.2. | For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller 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. |
| 4.3. | Various payment options are available to the customer, which are indicated in the seller’s online store. |
| 4.4. | If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date. |
| 4.5. | When selecting the payment method SEPA-direct debit, the invoice amount must be paid after a SEPA-direct debit mandate, but not before expiry of the deadline for advance information. The direct debit is collected when the ordered goods leave the seller’s warehouse, but not before the deadline for advance notification has expired. Pre-notification” is any communication (e.g. invoice, policy, contract) from the seller to the customer that contains a debit via SEPA-direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this. |
| 4.6 | In the case of subscription contracts, the purchase price for the goods to be delivered on a permanent basis for the agreed delivery interval is due for payment in advance. The respective payment options for the subscription are communicated to the customer in the seller’s online store. When selecting the payment method SEPA-direct debit and issuing a corresponding SEPA-direct debit mandate, amounts due will be collected from the customer’s bank account at the beginning of each new delivery interval. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this. The seller reserves the right to carry out a credit check when selecting the direct debit payment method and to reject this payment method if the credit check is negative. |
| 4.7 | If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, Germany, which the seller authorizes to collect receivables on his behalf. BS PAYONE GmbH collects the invoice amount from the customer’s specified credit card account. The credit card will be charged immediately after the customer order has been sent in the online store. The seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, revocation declarations and returns or credit notes, even if the payment method credit card payment via BS PAYONE GmbH is selected. |
| 5. | Delivery and shipping conditions |
| 5.1. | If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing is decisive for the processing of the transaction. |
| 5.2. | In the case of subscription contracts, the customer must inform the seller immediately of any changes to the delivery address. |
| 5.3. | If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of withdrawal, the provision made in the seller’s withdrawal policy shall apply to the return costs. |
| 5.4. | If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or 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 shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer. |
| 5.5. | The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay. |
| 5.6. | Self-collection is not possible for logistical reasons. |
| 5.7. | License keys are provided to the customer as follows:
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| 6. | Granting of rights of use for digital content |
| 6.1. | Unless otherwise stated in the content description in the seller’s online store, the seller grants the customer the non-exclusive right to use the content provided for private and commercial purposes without restriction in terms of location or time. |
| 6.2. | The transfer of content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the seller has consented to the transfer of the contractual license to the third party. |
| 6.3 | Insofar as the contract relates to the one-off provision of digital content, the granting of rights shall only become effective once the customer has paid the remuneration owed in full. The seller may provisionally permit the use of the contractual content even before this time. A transfer of rights does not take place as a result of such provisional permission. |
| 7. | Granting of rights of use for license keys |
| 7.1. | The license key provided entitles the customer to use the digital product shown in the respective product description of the seller to the extent described therein. |
| 7.2. | Insofar as the license key relates to the one-time provision of digital content, the granting of rights shall only become effective once the customer has paid the remuneration owed in full. |
| 8. | Contract duration and contract termination for subscription contracts |
| 8.1. | Subscription contracts are concluded for an indefinite period and can be terminated by the customer at the end of each month. |
| 8.2. | The right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all the circumstances of the individual case and weighing up the interests of both parties. |
| 8.3. | Terminations can be made in writing in text form (e.g. by e-mail) or in electronic form via the termination device provided by the seller on its website (termination portal). |
| 9. | Retention of title |
| 9.1. | In the case of consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full. |
| 9.2. | The Seller reserves title to the goods delivered to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full. |
| 9.3. | If the customer acts as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business. The customer assigns to the seller in advance all claims against third parties arising from this in the amount of the respective invoice value (including VAT). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller’s right 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, is not in default of payment and no application for the opening of insolvency proceedings has been filed. |
| 10. | Liability for defects (warranty) |
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods: | |
| 10.1. | If the customer acts as an entrepreneur,
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| 10.2. | The aforementioned limitations of liability and shortening of time limits do not apply
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| 10.3. | In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected. |
| 10.4. | If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved. |
| 10.5. | If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects. |
| 11. | Liability |
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows: | |
| 11.1. | The seller shall be liable without limitation for any legal reason
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| 11.2. | If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely. |
| 11.3. | Any further liability of the seller is excluded. |
| 11.4. | The above liability provisions shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives. |
| 12. | Redemption of promotional vouchers |
| 12.1. | Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that 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. |
| 12.2. | Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher. |
| 12.3. | Promotional vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible. |
| 12.4. | Several promotional vouchers can be redeemed with one order. |
| 12.5. | 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. |
| 12.6. | If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference. |
| 12.7. | The balance of a promotional voucher is neither paid out in cash nor does it bear interest. |
| 12.8. | 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. |
| 12.9. | The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder. |
| 13. | Applicable law |
| The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. | |
| 14. | 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 shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business 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 is in any case entitled to appeal to the court at the customer’s place of business. | |
| 15. | Alternative dispute resolution |
| 15.1. | 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. |
| 15.2. | The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. |
| Status: 29.12.2021 |
