General terms and conditions with customer information
§1 Scope of application
1.1 These general terms and conditions (hereinafter "GTC") of Regeno GmbH (hereinafter "seller") apply to all contracts, pertaining to the delivery of goods, which a consumer or entrepreneur (hereinafter "customer") concludes with the seller for the goods presented in the seller's online shop. The inclusion of the customer's own terms and conditions are hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership, who/which, in the course of a legal transaction, acts in the exercise of its commercial or independent professional activity.
§2 Contract conclusion
2.1 The product descriptions contained in the seller's online shop are not binding offers on the part of the seller, but serve to facilitate a binding offer placed by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After putting the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer pertaining to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by telephone, e-mail, or via the online contact form.
2.3 The seller can 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), whereby the order confirmation being received by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the order being received by the customer is decisive,
- or by asking the customer to pay after placing the order.
If a number of the aforementioned alternatives exist, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after the offer has been sent. If the seller does not accept the customer's offer within the aforementioned period, the offer is considered as having been rejected, resulting in the customer no longer being bound by his/her declaration of intent.
2.5 When submitting an offer via the seller's online order form, the contractual text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax, or letter) after submitting his/her order together with these GTC. Moreover, the contractual text is archived on the seller's website and can be called up free of charge by the customer using his/her password-protected customer account, providing the appropriate login data, insofar as the customer has created a customer account in the seller's online shop before submitting his/her order.
2.6 Before the binding submission of 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 detection of input errors can be the browser's zoom function, which is used to enlarge the information displayed on the screen. The customer can correct his/her entries as part of the electronic ordering process using the usual keyboard and mouse functions until he/she clicks the button that concludes the ordering process.
2.7 Only the German language is used for contract conclusion.
2.8 Order processing and making contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him/her for order processing is correct so that the e-mails sent by the seller are received by the customer. In particular, when using spam filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned with the order processing can be delivered.
§3 Right to cancellation
3.1 Consumers are generally granted a right to cancellation.
3.2 Further information on the right to cancellation can be found in the seller's cancellation policy.
§4 Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the specified prices are total prices including statutory VAT. Any additional delivery and shipping costs incurred are specified separately in the respective product description.
4.2 The payment options are communicated to the customer in the seller's online shop.
4.4 If the payment method "PayPal direct debit" is selected, PayPal will debit the invoice amount from the customer's bank account after issuing a SEPA direct debit mandate, but not before the deadline for preliminary information has expired on behalf of the seller. Preliminary information ("pre-notification") is every message (e.g. invoice, policy, contract) sent to the customer that announces a debit by SEPA direct debit. If the direct debit is not carried out due to insufficient funds or due to the provision of an incorrect bank account, or if the customer objects to the debit, although he/she is not authorised to do so, the customer must bear the fees arising from the chargeback of the respective credit institution if he/she is at fault.
§5 Delivery and shipping terms
5.1 The delivery of goods takes place to the delivery address given by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing documents is decisive. Deviating from this, when the payment method PayPal has been selected, the delivery address stored in PayPal by the customer 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 bears the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the delivery not being possible or if he/she was temporarily prevented from accepting the offered service, unless the seller notified the seller about the service in good time prior to the service being delivered. Furthermore, this does not apply with regard to the costs for the shipment if the customer effectively exercises his/her right of cancellation. If the customer effectively exercises his/her right of cancellation, the return shipping costs are governed by the rules set out in the seller's cancellation policy.
5.3 Collection by the customer is not possible for logistical reasons.
5.4 Shipping costs
Shipping costs are added to the stated product prices. You can find out more about the amount of shipping costs in the offers.
§6 Retention of title
If the seller performs a service in advance, it retains title to the delivered goods until the purchase price owed has been paid in full.
§7 Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.
7.2 Deviating from this, the statute of limitations for claims for defects in used goods is one year from delivery of the goods to the customer. The shortening of the statute of limitations to one year does not
- apply, however, to items that have not been used in accordance with their normal use for construction and this has caused the defects,
- to claims for damages and reimbursement of expenses by the customer,
- and in the event that the seller maliciously concealed the defect.
7.3 The customer is asked to file a complaint with the delivery agent about delivered goods that have obvious transport damage, and to inform the seller of this. If the customer does not comply with this regulation, this has no effect on his/her legal or contractual claims for defects.
§8 Applicable law
The law of the Federal Republic of Germany applies to all legal relations between the parties, excluding the laws on the international purchase of movable goods. For consumers, this governing law only applies insofar as the protection granted is not expropriated by mandatory provisions of the law of the state in which the consumer is habitually resident.
§9 Place of jurisdiction
If the customer is acting as a merchant, a legal entity under public law, or a special fund under public law, based 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 registered office. If the customer's registered office is based outside the territory of the Federal Republic of Germany, the seller's registered office 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. However, the seller is entitled to invoke the court at the customer's registered office.
§10 Alternative dispute resolution
10.1 The European Commission provides a platform for online dispute resolution at http://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, which a consumer is involved in.
10.2 The seller is not willing or obliged to participate in dispute arbitration proceedings before a consumer arbitration board.