GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY
1. Scope of Application and Definitions
RAEN Optics GmbH, Danzinger Straße 2, 85386 Eching, Germany ("RAEN") distributes products and goods ("Goods") via the RAEN webshop operated under [www.raen.eu] ("Webshop"). Sales and deliveries of Goods by RAEN on the basis of orders placed by you as the customer ("Customer") via the Webshop shall be made exclusively in accordance with the following General Terms and Conditions of Sale and Delivery for the Webshop ("Terms of Sale"). Customer accepts the Terms of Sale by the placing of an order via the Webshop. The application of Customer's conflicting or supplementary terms and conditions shall be excluded, even if RAEN does not expressly object to such terms and conditions.
2. Approved Customers, Order Quantities and Delivery Destinations
2.1 Customer may place orders in the Webshop only if it acts as a consumer, i.e. as a natural person who enters into a legal transaction for purposes that predominantly are outside its trade, business or profession.
2.2 RAEN shall accept only such orders for delivery of quantities common for own use.
2.3 Delivery of Goods shall only be made to the following countries: [Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Estonia, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Spain, United Kingdom]
Delivery of Goods to other countries will not be made. Customers from other Member States of the European Economic Area ("EEA") have the possibility to order Goods and have them delivered to a delivery address in one of the countries listed above.
If RAEN agrees to deliver to other countries, duties and/or similar charges may incur and Customer is obliged to bear these duties and charges and file and/or obtain any required declarations and approvals in due time and at its own expense. The same shall apply to deliveries to the United Kingdom, should such charges arise upon the UK leaving the European Union ("EU"). Any consequences, such as delays, costs or damages, which arise due to the culpable non-fulfillment of these obligations by Customer, shall be the responsibility of Customer and shall be borne by Customer.
3. Placing an Order and Conclusion of Contract via the Webshop
3.1 The presentation of Goods in the Webshop does not constitute binding offers by RAEN to enter into a sales contract, but merely invite Customer to make a binding offer as to whether and which Goods it wants to order from RAEN. Customer may choose Goods of RAEN from the product range in the Webshop and add them to the shopping cart via the button " ". When entering the quantity of the Goods and the delivery address, Customer is made aware of any delivery restrictions pursuant to Section 2. Before clicking the button " ", all Goods selected by Customer, their total price including statutory VAT in the respective applicable amount as well as duties, charges and shipping costs are again displayed in an order overview to Customer for review. At that stage, Customer will have the opportunity to identify and correct any incorrect entries before finally placing the binding order. Before placing the binding order, the contractual provisions including these Terms of Sale can be accessed once again and saved in durable medium. Via the button "Order with Obligation to Pay ", Customer submits a binding offer for the conclusion of a sales contract on the Goods collected in the cart. The offer can, however, only be submitted and transferred if Customer accepts, and thereby includes in its offer, these Terms of Sale by the corresponding box.
3.2 RAEN shall confirm receipt of Customer's order by e-mail. However, such confirmation of receipt is not yet a legally binding acceptance of Customer’s order.
3.3 The contract shall only become effective once RAEN has accepted Customer's offer. RAEN's order acceptance can be made expressly by way of a declaration in text form, e.g. by sending a written order confirmation by e-mail, or by RAEN handing over the Goods for dispatch and informing Customer accordingly. The sales contract shall be governed exclusively by the contents of the order acceptance and these Terms of Sale. Verbal agreements or promises shall only be valid if an authorized employee of RAEN has confirmed them in writing.
3.4 If the Goods ordered by Customer cannot be delivered, e.g. because the corresponding Goods are not in stock, RAEN may refrain from accepting the order. In this case, no contract will be concluded. RAEN shall inform Customer thereof without undue delay.
3.5 The contract terms Customer will, however, be provided with any and all contractual provisions and these Terms of Sale (by e-mail or letter).
4. Instructions on Right of Withdrawal for Consumers and Model Withdrawal Form
4.1 If you as the Customer are a consumer either pursuant to (i) Section 13 of the German Civil Code (Bürgerliches Gesetzbuch, "BGB") (i.e. a natural person who enters into a legal transaction for purposes that predominantly are outside your trade, business or profession) or (ii) the mandatory consumer protection laws of the country, in which Customer has its habitual residence, Customer has a right of withdrawal pursuant to statutory law. In the following Customer is instructed on its right of withdrawal:
Instructions on withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you have or a third party designated by you (who is not a carrier) has received the goods purchased by you, or, in the case of a contract relating to multiple goods ordered by you in one order and delivered separately, from the day on which you have or a third party designated by you (who is not a carrier) has received the last good purchased by you.
To exercise the right of withdrawal, you must inform us (RAEN Optics GmbH, Address: Danzinger Straße 2, 85386 Eching, Germany, phone: +49 89 99731556 email: firstname.lastname@example.org of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to [RAEN Optics GmbH, Address: Danzinger Straße 2, 85386 Eching, Germany], without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will not have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model Withdrawal Form
To exercise the right of withdrawal, you as Customer may use the following model withdrawal form, but this is not obligatory.
(complete and return this form only if you wish to withdraw the contract)
– To RAEN GMBH - e-mail: [email@example.com],
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
– Ordered on (*)/received on (*),
– Name of consumer(s),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
5. Prices and Payment Terms
5.1 The purchase prices of the Goods are determined by the prices displayed in the Webshop at the time of the order. Unless marked otherwise, all prices in the Webshop are provided in EURO, including statutory VAT in the respective applicable amount. To the extent shipping costs apply, the shipping costs will be added and must be borne by Customer [alternatively: The flat shipping rate is added.].
5.2 The purchase price, all price components such as statutory VAT in the respective applicable amount, surcharges or charges as well as the shipping costs (collectively "Total Price") for the respective order are indicated to Customer in the Webshop before Customer places the respective binding order. The Total Price becomes due for payment immediately upon conclusion of the sales contract. The payment methods with respect to the Total Price are indicated in the Webshop. If a credit card payment, credit transfer or direct debit is unpaid, revoked or returned, the bank charges thereby incurred by RAEN shall be reimbursed by Customer.
6. Delivery Periods and Delivery Dates
6.1 Deliveries of Goods shall be made to the delivery address provided by Customer at the shipping costs stated in each case. The delivery restrictions set forth in Section 2 shall apply.
6.2 Deliveries shall only be made upon receipt of full payment of the Total Price or reciprocally and simultaneously against payment. Delivery periods and delivery deadlines are provided in the Webshop in the course of the ordering process. Delivery dates and delivery periods are approximate only and are only binding if they have been agreed in the contract as binding.
6.3 If deliveries by RAEN are delayed, Customer shall only be entitled to rescind the contract if (i) RAEN is responsible for the delay and (ii) a reasonable grace period set by Customer has expired to no avail. RAEN shall not be responsible for any delays caused by necessary customs clearance of the Goods.
6.4 Should Customer be in default of the acceptance of delivery or should it be in breach of any other material obligations due by Customer, RAEN shall be entitled, without prejudice to its other rights, (i) to reasonably store the Goods at Customer's risk and expense or (ii) to rescind the contract in accordance with the statutory provisions.
6.5 RAEN may make partial deliveries for good reason if and to the extent this is reasonable for Customer. If the partial delivery takes place at Customer's request, RAEN will charge shipping costs for every partial delivery.
7. Force Majeure
Events that are unforeseeable, unavoidable and outside the control and sphere of influence of RAEN and for which RAEN does not bear responsibility, such as acts of God, war, natural disasters or labor disputes, epidemics, pandemics, shall release RAEN for the duration of such event from its obligation to make timely delivery or to perform timely. Delivery and performance periods and dates, as the case may be, shall be extended or rescheduled, as applicable, by the length of such disturbance, and Customer shall be informed of the occurrence of such disturbance in a reasonable manner. If the end of such disturbance is not foreseeable, or should it continue for more than two months, each party is entitled to rescind the contract.
8. Warranty; Rights in Case of Defects; Additional Guarantee
8.1 In case of material and legal defects of the Goods, the granted shall be effective in addition to Customer’s rights in case of material and legal defects pursuant to Section 8.1. Details as to the scope of any such guarantees are set out in the guarantee terms supplied with the Goods, if applicable.
9. Set-off and Right of Retention
Unless specified otherwise in the next sentence, Customer is only entitled to a set-off if its counterclaim vis-à-vis RAEN is uncontested or has been finally adjudicated. Customer is entitled to a set-off against claims of RAEN if its counterclaim is based on the same sales contracts, such as (counter)claims in case of defects. is only entitled to assert a right of retention to the extent that its counterclaim is based on the same sales contract.
10. Retention of Title
The Goods shall remain the property of RAEN until final payment of the Total Price has been made. If payment of the Total Price is made by means of an instruction or order to a bank or financial services institution, it shall not be deemed final until an unconditional, non-returnable credit has been made into the account of RAEN.
11. Customer Service
In case of questions, claims or complaints, please contact our customer service by
(i) e-mail: [firstname.lastname@example.org];
(ii) telephone: [+49 89 99731556]
12. Data Protection
13. Applicable Law; Jurisdiction; Application of Mandatory Consumer Protection Laws
13.1 For all disputes arising from or in relation to this contractual relationship, German law applies under the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Despite the application of German law, Customers who are consumers also enjoy the protection of the mandatory provisions of the law of the country, in which the consumer has its habitual residence. The application of mandatory provisions limiting the choice of law and the application of mandatory laws of the country in which the consumer has its habitual residence, such as consumer protection laws, shall remain unaffected.
13.2 To the extent that Customer is a merchant having its seat in Germany at the time of conclusion of the contract, exclusive place of jurisdiction shall be the seat of RAEN.
13.3 To the extent that Customer is a consumer, it may bring any dispute arising from or in relation to this contractual relationship – at Customer's discretion – either before the competent court at the seat of RAEN, or before the competent court of the country in which the consumer has its habitual residence, if this country of habitual residence is an EU Member State. These courts are – with the exclusion of any other court – competent to settle any of such dispute. RAEN shall bring any dispute arising from or in relation to this contractual relationship before the competent court of the country in which the consumer has its habitual residence, if this is in an EU Member State or otherwise before the competent court at the seat of RAEN. The application of mandatory provisions with respect to the local and international jurisdiction shall remain unaffected hereby.
14. General Provisions
14.1 Amendments and supplements to the contract and/or these Terms of Sale and any side agreements must be made in writing. The same shall apply to the amendment of this written form requirement.
14.2 If a provision of the contract and/or these Terms of Sale is invalid, in whole or in part, the validity of the remaining provisions shall remain unaffected hereby.
15. Mandatory Consumer Information
Consumer information pursuant to the German law on dispute resolution for consumers (Verbraucherstreitbeilegungsgesetz; VSBG): RAEN Optics GmbH is not willing nor obliged to participate in any dispute resolution proceedings before a consumer arbitration panel (Verbraucherschlichtungsstelle).
Consumer information pursuant to Regulation (EU) No. 524/2013: For the purpose of settling consumer disputes out of court, the European Commission has established a platform for online dispute resolution (ODR). The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/.
– End of the Terms of Sale –