RAUSCH – General terms and conditions of business
1 Area of application
- For business relations between Rausch (Germany) GmbH, Seestrasse 9, 78464 Konstanz, GERMANY, T +49 7141 36 003, registered in the commercial register of the Freiburg District Court under HRB 381233, represented by Mr. Marco Baumann, VAT (sales tax) ID no. DE 159203203 (hereafter “RAUSCH“) and the purchaser of goods via the online sales platform www.rausch.ch/eu (hereafter “RAUSCH online shop“) the following general terms and conditions (hereafter “GTC“) are exclusively applicable in their valid version at the time the order was placed. Deviating conditions of the buyer will not be recognised unless RAUSCH expressly agrees to their validity in writing.
- For the purpose of these GTC, “goods” refers to all products and services which can be acquired within the framework of an online order from the RAUSCH online shop.
2 Conclusion of contract
- All offers of goods in the RAUSCH online shop are conditional and do not constitute a legally binding offer for the conclusion of a purchasing contract.
- Only legally competent persons of legal age are allowed to submit orders. Goods are only sold in customary household quantities.
- You can select from the range of products in the RAUSCH online shop and collect these goods in a so-called shopping cart using the “shopping cart” button. By clicking the button “place order” you submit a binding offer to purchase the selected goods. You may view and modify your order at any time prior to dispatch. It is only possible to dispatch your order after you have first agreed to these terms and conditions by clicking on the “accept GTCs” button.
- RAUSCH will send you an automatically-generated confirmation of receipt by email, which again documents your order. This automatic acknowledgement of receipt merely confirms that your order has been received by RAUSCH and does not constitute an acceptance of your order.
- RAUSCH reserves the right to examine your data, its validity (e.g. declared means of payment), and your creditworthiness with regard to the order value, and, regardless of the result of the examination, to refuse to accept online orders.
- The contract with RAUSCH only comes into effect if RAUSCH sends you a declaration of acceptance within a reasonable period of time, or confirms shipment of the goods by separate email and dispatches the goods ordered to you.
- Together with the declaration of acceptance or at the latest at the time of dispatch, RAUSCH will send you the contractual text (comprising the order, GTCs and declaration of acceptance), as the confirmation of contract, on a permanent data carrier (email or printed paper copy). The contractual text is stored ensuring data privacy protection.
- If it is not possible to supply you with the goods ordered, for example, if the requested goods are not in stock, RAUSCH will not make a declaration of acceptance. In this case no contract will be entered into. RAUSCH will inform you forthwith either by email or by phone and immediately refund any remuneration already received. Otherwise clause 5,4 applies.
- The conclusion of contract will be carried out in German.
- Your order data will be stored with RAUSCH in accordance with applicable legal and statutory requirements (cf. clause 11.).
3 Right of withdrawal for consumers
In so far as you are a consumer as defined by § 13 of the German Civil Code (Bürgerlichen Gesetzbuch – BGB), you have a fourteen-day right of withdrawal from a purchase made in the RAUSCH online shop. According to § 13 of the German Civil Code a consumer is defined as any physical person, who concludes a legal transaction, which is predominantly attributable to neither commercial activity nor independent professional activity engaged in by that person.
The following explains your right of withdrawal:
- Explanation of right of withdrawal -
Right of withdrawal
You have the right to withdraw from this contract within fourteen days, without specifying any reasons. The cancellation period starts on the day you, or a third party designated by you, who is not the carrier, take possession of the last of the ordered goods.
In order to exercise your right of withdrawal, you must inform RAUSCH at
RAUSCH (Deutschland) GmbH, Seestrasse 9, 78464 Konstanz
Tel.: +49 7531 991 77 33
Fax: +41 71 678 12 06
by means of an unequivocal explanation (e.g. by post, telefax or e-mail) of your decision to cancel this contract. You may use the attached standard withdrawal form, however, this is not mandatory.
To comply with the cancellation dead-line it is sufficient that you send in the notification regarding exercising your right of withdrawal before the cancellation period expires.
Consequences of right of withdrawal
If you withdraw from a contract, RAUSCH is obliged to reimburse you for all payments received from you, including delivery costs (with the exception of extra costs incurred by you should you have chosen another class of delivery other than the standard delivery offered by RAUSCH), forthwith and at the latest within fourteen days from the day notification of your withdrawal from the contract was received by RAUSCH. For this reimbursement RAUSCH uses the same means of payment that you used in the original transaction unless an alternative has been specifically agreed upon with you; on no account will you be charged fees for this repayment. RAUSCH has the right to refuse reimbursement until the goods have been returned or you have submitted proof that you have sent the goods – whichever occurs first.
You are obliged to return the goods to RAUSCH forthwith and in any event within fourteen days from the day you informed RAUSCH of your withdrawal from the contract. The time limit is considered observed if you send the goods before the fourteen days have elapsed. You bear the direct costs of returning the goods. You must only pay for any possible loss in value if this loss in value can be attributed to handling other than is necessary to ascertain the quality, properties and functioning of the goods.
- End of explanation of right of withdrawal -
4 Reservation of ownership rights
- All goods remain the property of RAUSCH until they have been paid for in full.
5 Delivery; availability, shipping costs and risk transfer
- Our shipping destinations and the delivery costs (orders received before 8.30 [CET]) are listed on the table below.
- RAUSCH assumes the risk for delivery of the goods, provided you are the end user. As soon as you receive the goods, you carry the risk in case the goods accidentally go missing or deteriorate.
- If the selected goods are not available at the time of your order, RAUSCH will inform you of this immediately by email. If the goods are permanently unavailable, then RAUSCH will not accept the order. If the goods are temporarily unavailable, then RAUSCH will inform you of the expected duration of delay in delivery. If the delay in delivery is more than two weeks you, as well as RAUSCH, have the right to withdraw from the contract. Any possible payments made by you are to be reimbursed forthwith in the case of a cancelled contract.
- RAUSCH has the right to send partial deliveries. If goods are sent in installments at RAUSCH’s instigation, then you will not be charged for extra delivery costs.
|Country||Deliver cost||Limit for free shipping|
|Germany||EUR 3.50||EUR 50|
|Austria||EUR 3.50||EUR 50|
|Italy||EUR 12||EUR 50|
- The prices at the time of ordering are valid. The RAUSCH online shop shows the total price of the goods including all taxes and fees, and, if applicable, all additional delivery costs and other charges, as far as they are quantifiable, prior to shipping the order. If RAUSCH is unable to quantify such costs prior to shipping, then they will inform you that additional handling and/or other charges will be incurred.
7 Terms of payment, means of payment
- You can pay with credit card (Mastercard, Visa) or PayPal. You are responsible for any additional costs which are incurred as a result of your negligence in the use of the selected means of payment, for example from a return debit note.
- You may change a means of payment stored in your user account at any time. This does not impact any previously concluded orders.
- Unless otherwise agreed, payment of the purchasing price is due immediately with the conclusion of the contract. In the case of late payment (§ 286 BGB) RAUSCH has the right to charge default interest at 5 percent p. a. over the base rate set by the European Central Bank. If higher damages are proven to arise from the purchaser’s failure to pay, RAUSCH has the right to claim for these damages.
8 Warranty; liability
- RAUSCH is liable for quality defects according to the respective applicable statutory conditions, especially §§ 434 ff. BGB. With respect to businesses, the warranty period for goods delivered by RAUSCH is 12 months.
- An additional guarantee only exists for goods delivered by RAUSCH if this is expressly stated in the order confirmation of the respective product.
- Liability for compensation from RAUSCH is subject to the following liability limitations and liability exclusions, irrespective of any other legal qualifying conditions:
- RAUSCH is liable without limitation if the cause of damage is based on deliberate intent or gross negligence. Liability under the Product Liability Law remains unaffected.
- RAUSCH is not liable for damages caused by slightly negligent breaches of duty. This excludes liability for
a) loss of life, physical injury and damage to health;
b) a defect after assumption of a guarantee for the quality of the contractual product;
c) fraudulent concealment of defects;
d) any slightly negligent breach of contractual obligations, the violation of which endangers the realisation of the contract purpose, or for the breach of obligations which must be fulfilled to ensure the proper implementation of the contract and the observance of which the contractual partners regularly rely upon. In this case RAUSCH is only liable for predictable damage typical to the type of contract.
- In so far as RAUSCH’s liability is excluded or limited, this is also valid for the personal liability of employees, representatives, members of the company and vicarious agents of RAUSCH.
- RAUSCH points out that it can neither guarantee the functional capacity of data networks, servers or data transmission lines to the computer center nor the constant availability of its online shop. Access to the RAUSCH online shop may only be limited or non-existent due to be external circumstances or constraints, neither of which entitles you to claims against RAUSCH.
9 Returning goods
- For reasons of simplification, RAUSCH requests that you return any goods, using the original return slip, to the RAUSCH address given on the slip. No recognition of your notification of defects is linked to the acceptance of returned goods. The effectiveness of a timely cancellation remains unaffected.
10 Copyright laws and customer account
- RAUSCH has copyright exploitation rights on all illustrations, films and texts which are published in the RAUSCH online shop. Using any of these illustrations, films or texts for any purpose other than stipulated in these GTCs, without the explicit written consent of RAUSCH, is not permissible.
- You are only permitted to use your account in our online store for purposes stipulated in these GTCs and in accordance with information given on the web site. It is inadmissible to enter inaccurate or inappropriate personal data into the account or within the framework of an order. The same applies to the misuse of methods of payment, especially the unlawful utilization of foreign bank accounts or credit card numbers, or the illegal reverse-booking of payments when placing orders. In cases of major culpable breaches of duties by the customer against these GTCs, RAUSCH reserves the right to block the respective account with immediate effect. The enforcement of other claims or means of legal redress remains unaffected.
11 Data protection and credit assessment
- RAUSCH uses the personal data supplied by you (e.g. name, address, date of birth, e-mail address, telephone number, credit card number) in accordance with the relevant provisions of the applicable data protection law.
- All personal data are treated with strict confidentiality. Any personal data needed by RAUSCH for business processing are stored by RAUSCH and used to process orders, manage client relationships, process delivery of goods, handle payments and to prevent bad debts and, for this purpose, where appropriate, to be passed on to service partners used by RAUSCH to fulfil their contractual obligations (for example forwarding companies or financial institutions).
- In reply to a written request RAUSCH will let you know at any time which personally identifiable information about you is stored at RAUSCH. You may request that it be corrected or deleted, or you may revoke any consent you have previously given to use your personal data. In such cases please contact RAUSCH (Germany) GmbH, Seestrasse 9, 78464 Konstanz, GERMANY.
12 Closing provisions
- Contractual relations shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws rules. In business dealings with consumers within the European Union the law in the place of residence of the consumer is also applicable to the extent that it deals with mandatory provisions for consumer rights.
- For all current and future claims arising from the business relationship including cheque and notes receivable with merchants, legal persons under public law or a separate estate under public law, the exclusive legal court of jurisdiction is Constance (Konstanz) Germany.
- The same place of jurisdiction applies if you do not have a place of jurisdiction in Germany, if you have relocated your domicile or usual place of residence from Germany to another country after concluding the contract, or if, at the time the complaint is lodged, your domicile or usual place of residence is not known.
- Should individual provisions of these GTCs be inoperative or unfeasible or become ineffective or unfeasible after the contract is concluded, then the validity of the remaining provisions of the GTC will not be affected. The invalid or impracticable provision shall be replaced with an effective and enforceable provision, the effect of which come as close as possible to the intended economic objectives, which the contracting parties were seeking to achieve with the ineffective and/or unfeasible provision.