The online shop is operated by Willy Maisel GmbH acting on their own behalf. They are the vendor and therefore the contracting party. The person placing the order does not enter into any contractual relationships with REHAU AG + Co. The following General Terms and Conditions govern the contractual relationship between Willy Maisel GmbH (hereafter referred to as the “company”) and the persons who order goods via the REHAU Collection Online Shop website (hereafter referred to as the “customer”). The General Terms and Conditions concern the use of the website www.collection.rehau.com as well as all the subdomains that belong to this subdomain. The version of these terms and conditions valid at the time of the contract being concluded applies in each case.
§ 2 Conclusion of contract
(1) In the Rehau Collection Online Shop Customers are presented with products as in a display cabinet. The presentation constitutes a non-binding offer for the Customer to order goods. By sending in an order the Customer submits a binding offer for the conclusion of a contract of purchase (“Order”). This offer may be cancelled by the Customer, who places an order as a consumer, in accordance with Section 3. The Customer shall be informed without delay by the Company of receipt of the order, and the content therein (“Confirmation of order”).
(2) The Company is entitled to accept the order within two weeks following receipt of the confirmation of receipt by the Customer. Orders are accepted expressly by way of confirmation of order.
§ 3 Notice of cancellation, right to cancel and consequences of cancellation
(1) Notice of revocation
If you are a consumer you may cancel your order in accordance with the following regulations.
The following right to cancel shall not apply if you order the goods to use them for your own commercial or self-employed occupational activity.
In the absence of provisions to the contrary, the right to cancel does not apply either in the case of contracts
for the delivery of goods that are manufactured in accordance with a customer’s specifications or are clearly geared towards the personal requirements, or are not suitable for a return transport due to their nature, or may quickly perish or their best by date has expired, or
for the delivery of audio or video recordings or software, insofar as the supplied data carriers have been opened by the customer,
(2) Cancellation right
As a consumer you may cancel your contractual declaration within two weeks, without stating the reason for your decision, in a text form (e.g. by letter, facsimile or Email) or by returning the item. The period begins on receipt of these written instructions, but not before the recipient has received the goods and not before fulfilling the information obligations as per § 312c clause 2 BGB (German civil code) in connection with § 1 clause 1, 2 and 4 BGB-InfoV (German civil code).
Sending the cancellation or returning goods in good time shall be deemed sufficient to satisfy the cancellation period. The cancellation is to be sent to:
In the event of a cancellation, the service/performance received by each party is to be returned/repaid and, where necessary, use made of such service/performance is to be surrendered. If you are unable to wholly or partially return the received performance, or you are only able to return impaired goods, you shall insofar be required to compensate us. In the case of surrendering items this shall not apply if the impaired condition is solely attributable to inspection of such goods - which you would have been able to carry out, for example, in a retail store. In other respects, you can avoid the obligation of providing compensation by not using the goods as your property, and refraining from all acts that have a detrimental effect on such goods. Items that are suitable for parcel freight are to be returned. Returning goods is free of charge for you and at our risk. Please use the return label enclosed with the goods for the return delivery. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins on the dispatch of the cancellation or on our part, on receipt of the goods.
End of Notice of cancellation § 4 Delivery
(1) The delivery is executed by sending the goods from the warehouse to the address stated by the Customer. The Customer shall be notified of shipping on the day of dispatch. The Company does not deliver to PO Box addresses. The delivery period in the case of shipping in Germany is 6 days, while shipping to EU countries and Switzerland will be 8 days. If advance payment has been agreed, the delivery period shall commence upon receipt of the purchase price. Otherwise, the delivery period shall commence upon receipt by the Customer of confirmation of order.
(2) Goods will be delivered subject to the stated packaging and shipping costs. In the absence of provisions to the contrary, the price of packaging and shipping for deliveries abroad will be calculated separately according to the weight of the goods. If the Customer requests a special type of shipping, for which higher costs are incurred, the Customer shall be required to pay such higher costs.
(3) If the Customer orders the goods for his/her commercial or self-employed occupational activity, the risk of accidental loss and accidental destruction of the goods shall pass to the Customer as soon as the company has delivered the goods to the forwarding agent, the carrier or the person or agency otherwise specified in respect of carrying out the shipping.
§ 5 Reservation of title
The ordered goods shall remain the Company’s property until payment in full is received. Prior to transfer of ownership, pledging, transfer of ownership by security, processing or reforming is not permitted without express approval by the Company.
§ 6 Payment, due date, default in payment
(1) Payment of goods may be effected by way of advance payment or credit card. The Company reserves the right to exclude certain payment methods in individual cases.
(2) In the case of payment in advance, the Customer is required to transfer the entire price without delay to the bank account stated in the confirmation of order. In the case of payment by credit card, the respective amount is booked following dispatch of the goods.
(3) If the Customer defaults in payment, he/she shall as a result be responsible for any negligence. The Customer shall be liable in respect of the performance for unforeseeable occurrences too unless the case of damage would have occurred in the case of timely payment too.
(4) The purchase price shall be subject to interest during the period of arrears. The interest rate p.a. for customers placing orders as consumers is five percentage points above the base interest rate, and for customers placing orders in their occupational capacity as commercial agents or self-employed persons shall be eight percentage points above the respective base interest rate.
(5) Asserting claims for further-reaching damage is not excluded.
§ 7 Prices
The respective stated price of our goods is to be construed as the end price including value added tax that may apply and additional price elements. The price does not include delivery and shipping costs. These shall be stated separately.
§ 8 Warranty
(1) The Company ensures that the goods are fault-free upon hand-over. If a material defect is identified within six months from the hand-over, it shall be assumed that the goods were faulty at the time of the hand-over unless such an assumption is incompatible with the type of goods or the defect. If such a material defect is identified following expiry of six months, the customer shall be required to furnish proof that the goods contained a material defect at the time of the hand-over.
(2) If the goods are faulty at the time of the hand-over, the Customer may at his/her discretion demand that the Company provide subsequent performance or that it remedy the defect. The expenses incurred for subsequent improvement shall be borne by the Company. The Company is entitled to refuse the type of chosen subsequent performance if it is associated with disproportionately high costs, and the other type of subsequent improvement does not give rise to considerable disadvantages for the Customer.
(3) If the subsequent improvement fails, the Customer may, as a general rule, at his/her discretion demand a reduction of the purchase price (“abatement”) or rescission of the contract (“withdrawal”) as well as compensatory damages. The Customer shall not be entitled to exercise a right of withdrawal if a defect is merely insignificant.
(4) If the Company supplies fault-free goods to provide subsequent performance, it may demand that the Customer return the faulty goods.
(5) The Customer’s claims against the Company regarding defects shall fall under the statute of limitations in two years, in the case of used items in one year. The one-year period of limitation shall not apply in the case of warranty claims.
(6) Damage caused by improper measures or measures in breach of contract by the Customer; stacking; connecting; operation or storage do not justify any kind of claim against the Company. Improper measures and breach of contract shall be determined, in particular, in accordance with the manufacturer’s details regarding the supplied goods.
§ 9 Limitation on liability
(1) In cases of damage other than a threat to life and limb, the Company shall only be liable insofar as such damage is based deliberate or on grossly negligent acts or a culpable violation of key contractual obligations on the part of the Company or its vicarious agents. Key contractual obligations are considered obligations that are required to properly execute the contract and those, which the Customer can regularly expect the Company to adhere to. Further-reaching liability for damages is excluded. This dos not affect claims resulting from a guarantee given by the Company for the quality of goods, and claims in accordance with the (German) Product Liability Act.
(2) Fault-free and/or readily available data communication via the internet cannot be guaranteed in accordance with the current level of technology. The Company is therefore not liable for the 24-hour availability of the REHAU Collection Online Shop.
§ 10 Data protection
All personal data required to execute an order shall be stored in machine-readable form and treated in confidence. The data required to process an order, such as names and addresses, shall be forwarded as part of executing the delivery to the company entrusted with the task of delivering the goods.
§ 11 Choice of Law and place of jurisdiction
(1) All disputes resulting from this contractual relationship are subject to the law of the Federal Republic of Germany. In the case of consumers, such a choice of law shall only apply insofar as the granted protection is not withdrawn by way of mandatory provisions of the law in a country in which the consumer has his/her customary place of residence. Validity of the UN Convention on the International Sale of Goods is excluded.
(2) If the Customer is a merchant, legal persons under public law or public special assets, the court with jurisdiction for the company’s principal place of business shall be deemed the sole place of jurisdiction for all disputes resulting from the contract.
§ 12 Safeguarding clause
In the event that a provision of these General Terms and Conditions of Business is or becomes invalid or impracticable, this shall not affect the other provisions of these General Terms and Conditions of Business unless a contracting party would suffer such detrimental effects due to the cessation of individual clauses that it could not be expected to continue with the contract.
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