General Terms and Conditions with Customer Information
General Terms and Conditions with Customer Information
RECARO Gaming GmbH & Co. KG
Jahnstraße 1
70597 Stuttgart
Germany
Phone: +49 (0)711 504 376 44
E-mail address: support@recaro-gaming.com
Registered in the Commercial Register of the Stuttgart District Court under HRA 734340, represented by RECARO Gaming Verwaltungs GmbH, registered in the Commercial Register of the Stuttgart District Court under HRB 764372, which in turn is represented by the Managing Directors Daniel Behres.
Status: July 2021
TABLE OF CONTENTS
- Scope of Application
2. Conclusion of Contract
3. Right of Revocation
4. Prices and Terms of Payment
5. Delivery and Shipping Terms
6. Retention of Title
7. Warranty for Defects
8. Liability
9. Redemption of Campaign Vouchers
10. Applicable Law
11. Final Provisions
12. Alternative Dispute Resolution
1) SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter “GTC”) of RECARO Gaming GmbH & Co. KG (hereinafter “Seller”), shall apply in their version valid at the time of the order exclusively to all contracts for the delivery of goods, which a consumer or entrepreneur (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 objected to, unless otherwise agreed.
1.2 A consumer in the sense of these General Terms and Conditions 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 (§ 13 BGB). 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, acts in the exercise of his commercial or independent professional activity (§ 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 bindingly submitting the 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 for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process. In order to correct the product displayed on the summary page with the button “Order subject to payment” or its quantity, please return to the shopping cart using the arrow key provided for this purpose in the browser.
2.2 The customer can then submit the offer by clicking the button “proceed to checkout”. After completing the electronic ordering process, in which the customer completes his invoice details, enters a different delivery address if necessary, checks the order and selects the payment method (credit card), he can submit a legally binding contract offer in relation to the goods contained in the shopping cart via the button “order subject to payment”. However, the offer can only be made if the customer accepts these GTC and agrees to the data processing. These GTC thus become part of the contract.
2.3 In the case of prepayment and credit card payment, the product descriptions contained in the Seller’s online store do not represent binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.4 The seller will immediately send the customer an automatic confirmation 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 advance payment and credit card payment (see 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 shall only be 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 (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or by requesting payment from the customer after the customer has placed the order or, in the case of payment by credit card, by issuing a credit note to the respective credit institution.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer 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 shall no longer be bound by its declaration of intent.
2.6 The text of the contract shall be stored by the Seller and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order in the order confirmation. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller’s online store before submitting his order, the order data shall be archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected user account by providing the relevant login data.
2.7 Only the German and English languages are available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via 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 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 REVOCATION
3.1 Consumers are generally entitled to a statutory right of revocation when concluding a distance selling transaction.
3.2 More detailed information on the right of revocation can be found in the Seller’s revocation instructions, which are sent to the Customer with the order confirmation. The customer can also retrieve this information on the homepage of the seller under information under the keywords “Cancellation Policy”. There the customer will also find a sample cancellation form.
4) PRICES AND TERMS OF PAYMENT
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Additional shipping costs, if any, shall be indicated separately in the respective product description and shall be borne by the Customer subject to Clause 5.6.
4.2 The payment option(s) will be communicated to the Customer on the homepage of the Seller’s online store under Info under the keyword “Payment Methods”. The payment of the purchase price is due immediately upon conclusion of the contract. If the customer chooses “payment in advance”, the customer is obligated to pay immediately after conclusion of the contract.
4.3 When paying by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the Terms of Payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.4 If the credit card payment method is selected, the payment amount shall 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 validity 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 his bank for a security query. The debit of the owed purchase price takes place with the dispatch of the goods.
5) DELIVERY AND SHIPPING TERMS
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). If no deviating shipping time is specified for the respective goods in the online store of the seller, it is 15 days. The shipping time is met if the goods have been handed over to the transport company by the time it expires.
5.2 If no copies of the product selected by the Customer are available 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 not available, the Provider 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 The following delivery restrictions apply: The Seller shall only deliver to customers who can provide a delivery address in one of the following countries: Hong Kong.
5.5 Delivery of goods is made by shipping 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.
5.6 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. In the case of effective exercise of the right of revocation by the customer, the provision made in this regard in the seller’s revocation instructions shall apply to the return costs.
5.7 Self-collection is not possible for logistical reasons.
6) RETENTION OF TITLE
If the Seller makes advance performance, he shall retain ownership of the delivered goods until the purchase price owed has been paid in full.
7) WARRANTY FOR DEFECTS
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply, in particular §§ 434 et seq. BGB.
7.2 The limitation period for statutory claims for defects pursuant to § 438 para. 1 no. 3 BGB shall be two years and shall commence upon delivery of the goods. With respect to entrepreneurs, this limitation period shall be 12 months for goods delivered by Seller, unless otherwise agreed in individual cases.
7.2 Notwithstanding the above, the following shall apply to the delivery of used goods to consumers: no-fault claims for defects (subsequent performance, reduction and rescission) shall be excluded if the defect is not asserted until one year after delivery of the goods. The following shall apply to the delivery of used goods to entrepreneurs: the claims for defects independent of fault (subsequent performance, reduction and withdrawal) shall be excluded.
7.3 However, the reduction of the liability period in 7.1 and 7.2 of these GTC to one year shall not apply to
to 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 (§§ 444 and 639 BGB), and
if the last contract in the supply chain according to § 445 a BGB is a consumer contract /according to § 474 BGB).
Claims under product liability law as well as the statutory provisions on suspension of expiry, suspension and recommencement of time limits shall remain unaffected.
7.4 The Customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) LIABILITY
8.1 Claims of 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 if the Seller has employed executives or vicarious agents – 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; and
(d) the Seller has violated so-called cardinal obligations, i.e.
in the case of material breaches of duty which jeopardize the achievement of the purpose of the contract; or
in the event of a breach of obligations the fulfillment of which is essential for the proper performance of the contract and the observance of which the Customer may regularly rely on (“Cardinal Obligations”).
In the case of Section 8.2 (d) of these GTC, however, the Seller’s liability in the event of only slight negligence shall be limited to the amount of compensation for the foreseeable, typically occurring damage.
8.3 Claims under product liability law shall remain unaffected. A change of the burden of proof to the disadvantage of the customer is not connected with the above regulations.
9) REDEMPTION OF CAMPAIGN VOUCHERS
9.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotion 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 promotion voucher.
9.3 Promotion 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 campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7 The credit balance of a promotional voucher shall neither be paid out in cash nor shall interest be paid on it.
9.8 The promotional voucher shall not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
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 relationships between the parties shall be governed exclusively by the laws 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 to standardize international sales is excluded. In the case of 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 country in which the consumer has his habitual residence.
11) FINAL PROVISIONS
11.1 If the Customer is acting 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 Seller’s registered office. If the customer has its 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. However, in the above cases, the Seller shall in any case be entitled to apply to the court at the Customer’s place of business.
12) ALTERNATIVE DISPUTE RESOLUTION
12.1 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 purchase or service contracts involving a consumer.
12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
The original General Terms and Conditions is written in the German language. If there is any discrepancy in this translated version, the German language version shall be controlling.