General Terms and Conditions
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Granting Rights of Use for License Keys
7. Contract Duration and Contract Termination Regarding Subscription Contracts
8. Reservation of Proprietary Rights
9. Warranty
10. Liability
11. Redemption of Campaign Vouchers
12. Applicable Law
13. Place of Jurisdiction
14. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions of the company REINER Kartengeräte GmbH &
Co. KG (hereinafter referred to as "Seller”) shall apply to all contracts concluded
between a consumer or a trader (hereinafter referred to as "Client”) and the Seller
relating to all goods and/or services presented in the Seller's online shop. The inclusion
of the Client’s own conditions is herewith objected to, unless other terms have been
stipulated.
1.2 For contracts regarding the delivery of vouchers, these Terms and Conditions shall
apply accordingly, unless expressly agreed otherwise.
1.3 These GTC apply accordingly for the delivery of protection keys, unless expressly
otherwise provided. In doing so, the Seller shall owe the provision of a protection key for
the use of the software or content described by him as well as the granting of the
contractually agreed rights for the use of the respective software or content. The Client
does not acquire intellectual property rights to the software or content. The respective
product description in the Seller’s online shop is decisive for the quality of the software
or content.
1.4 A consumer pursuant to these Terms and Conditions is any natural person
concluding a legal transaction for a purpose attributed neither to a mainly commercial
nor a self-employed occupational activity. A trader pursuant to these Terms and
Conditions is any natural or legal person or partnership with legal capacity acting in the
performance of a commercial or self-employed occupational activity when concluding a legal transaction.
1.5 According to the Seller’ product description, the object of the contract may be the
supply of goods by way of a one-time delivery or the supply of goods by way of a stable
delivery (hereinafter referred to as “subscription contract”). In case of a subscription
contract, the Seller commits to supply the Client with the contractually owed goods for
the duration of the agreed contract period and at the contractually agreed time
intervals.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers
on the part of the Seller, but are merely descriptions which allow the Client to submit a a
binding offer.
2.2 The Client may submit the offer via the online order form integrated into the Seller's
online shop. In doing so, after having placed the selected goods and/or services in the
virtual basket and passed through the ordering process, and by clicking the button
finalizing the order process, the Client submits a legally binding offer of contract with
regard to the goods and/or services contained in the virtual basket. The Client may also
submit his offer to the Seller by telephone, fax or e-mail.
2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form
(fax or e-mail), insofar as receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client, insofar as receipt of goods by the customer
is decisive, or
- by requesting the Client to pay after placing his order.
The contract shall be concluded at the time when one of the aforementioned
alternatives firstly occurs. Should the Seller not accept the Client's offer within the
aforementioned period of time, this shall be deemed as rejecting the offer, with the
effect that the Client is no longer bound by his statement of intent.
2.4 In case of an order via the seller's online order form, the text of the contract is
stored and sent to the client in text form (e.g. e-mail, fax or letter) after the posting of
his order in addition to the available General Terms and Conditions. However, after
posting his order, the text of the contract can no longer be called by the Client on the
Seller's website.
2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may
recognize input errors by attentively reading the information displayed on the screen.
Use of the enlargement function of the browser to enlarge the display on the screen may
be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function
during the electronic ordering process, until he clicks the button finalizing the ordering
process.
2.6 The German and the English language are exclusively available for the conclusion of
the contract.
2.7 Order processing and contacting usually take place via e-mail and automated order
processing. It is the Client’s responsibility to ensure that the e-mail address he provides
for the order processing is accurate so that e-mails sent by the Seller can be received at
this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to
ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller
with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel is provided in the Seller’s instruction
on cancellation.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product descriptions, prices indicated are total prices
and include the statutory value-added tax. Any possible additional delivery and dispatch
costs are specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online
shop.
4.3 In case of delivery to countries outside the European Union, additional costs may be
incurred in individual cases for which the Seller is not responsible and which have to be
borne by the Client. This includes, for example, transfer fees charged by banking
institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such
additional costs regarding money transfer may also be incurred, if the Client carries out
the payment from a country outside the European Union, even if delivery is not made in
a country outside the European Union .
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately
after conclusion of the contract, unless the parties have arranged a later maturity date
4.5 If the SEPA direct debit payment method is selected, the invoice amount is due for
payment after a SEPA direct debit mandate has been issued, but not before the deadline
for pre-notification has expired. The direct debit will be collected when the ordered
goods leave the seller's warehouse, but not before the deadline for pre-notification has
expired. Pre-notification means any communication (e. g. invoice, policy, contract) of the
Seller to the Client which announces a debit by means of SEPA direct debit. If the direct
debit is not honored due to insufficient account coverage or due to the indication of an
incorrect bank account, or if the Client objects to the debit, even though he is not
entitled to do so, the Client shall bear the fees arising from the reversal of the respective
bank, if he is responsible for this.
4.6 In the case of subscription contracts, the purchase price for the goods to be delivered on a permanent basis is due for payment in advance for the agreed delivery
interval. The respective payment options for the subscription will be communicated to
the Client in the Seller's online shop. If the Client selects the SEPA direct debit payment
method and issues a corresponding SEPA direct debit mandate, amounts due are
collected from the Client's bank account at the beginning of the new delivery interval. If
the direct debit is not honored due to insufficient account coverage or due to the
indication of an incorrect bank account, or if the Client objects to the debit, even though
he is not entitled to do so, the Client shall bear the fees arising from the reversal of the
respective bank, if he is responsible for this. The Seller reserves the right to carry out a
creditworthiness check when selecting the payment method “direct debit” and may
reject this payment method in the event of a negative creditworthiness check.
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address
indicated by the Client, unless agreed otherwise. In the case of an order placed via the
Seller's online order form, the delivery address specified in the online order form shall be
decisive.
5.2 In case of subscription contracts, the Client has to inform the Seller immediately
about changes of the delivery address.
5.3 Should the assigned transport company return the goods to the Seller, because
delivery to the Client was not possible, the Client bears the costs for the unsuccessful
dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the
delivery cannot be made due to circumstances beyond the Client's control, or if he has
been temporarily impeded from receiving the offered service, unless the Seller has
notified the Client for a reasonable time in advance about the service.
5.4 In case the Client is a trader, the risk of accidental destruction and accidental
deterioration of the sold goods shall be transferred to the Client upon delivery of the
goods to the freight forwarder, carrier or other person or institution designated with the
task of performing shipment. In case the Client is a consumer, the risk of accidental
destruction and accidental deterioration of the sold goods shall in principle be
transferred to the Client upon delivery of the goods to the Client or to an authorized
recipient. Deviating from this, even in case the Client is a consumer, the risk of
accidental destruction and accidental deterioration of the sold goods is transferred to
the Client upon delivery of the goods to the freight forwarder, carrier or other person or
institution designated with the task of performing shipment, if the Client has instructed
the freight forwarder, carrier or other person or institution designated with the task of
performing shipment to carry out the delivery of the goods and if the choice of this
person or institution was not previously offered by the Seller.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect
or improper self-supply. This only applies if the Seller is not responsible for the
non-supply and if he has concluded a concrete hedging transaction with the supplier.
The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant
him immediately counterperformance.
5.6 Personal collection is not possible for logistical reasons.
5.7 Licence keys will be granted as follows:
- by e-mail
6) Granting Rights of Use for License Keys
6.1 The license key provided entitles the Client to use the software or content as
described in the respective product description.
6.2 The granting of rights shall become effective only when the Client has fully paid the
owed remuneration.
7) Contract Duration and Contract Termination Regarding Subscription
Contracts
7.1 Subscription contracts are concluded indefinitely and can be cancelled by the Client
at the end of each month.
7.2 The right to immediate termination for important reasons remains unaffected.
A reason is considered important when the continuation of the contract until the end of
the agreed contractual period or until expiry of the notice period for termination is no
longer reasonable, taking into account all circumstances of the particular case and with
balanced judgement of mutual interests.
7.3 Notices of termination must be made in text form (for example by e-mail).
8) Reservation of Proprietary Rights
If the Client is a consumer, the Seller retains title of ownership to the delivered goods
until the purchase price owed has been paid in full.
8.1 If the Client is a trader, the Seller reserves title to the goods delivered until the
fulfillment of all claims arising out of the current business relationship.
8.2 If the Client is a trader, he is entitled to resell the reserved goods in the course of
regular business operations. All claims resulting from such course of business against a
third party shall herewith be assigned in advance to the Seller in the amount of the
respective invoice value (including VAT). This assignment of claims shall be valid
regardless of whether the reserved goods are processed prior to or after resale or not.
The Client remains entitled to collect the claims even after assignment. However, the
Seller shall refrain from collecting the claims as long as the Client meets his payment
obligations, he is not in default, and no application has been lodged to open insolvency
proceedings.
9) Warranty
Should the object of purchase be deficient, statutory provisions shall apply. Deviating
therefrom, the following shall apply:
9.1 For traders,
- a marginal defect shall generally not constitute warranty claims defects,
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for defects shall be one year from transfer of risk,
- for used goods, rights and claims for defects are generally excluded,
- the limitation period shall not recommence if a replacement delivery is carried out
within the scope of liability for defects.
9.2 For consumers the limitation period regarding warranty claims for used goods shall
be one year from delivery of goods to the Client except for the restrictions in the
following section.
9.3 The aforementioned limitations of liability and the restrictions of limitation periods
do not apply
- to a product, which was not used, in accordance with its usual application, for building
construction and which was the cause of the building's defectiveness,
- to claims for damages and reimbursement of expenses by the Client.
- If the Seller has fraudulently concealed the defect.
9.4 Furthermore, for traders the statutory limitation periods for recourse claims
pursuant to section 478 of the German Civil Code (BGB) remain unaffected.
9.5 If the Client is a businessperson pursuant to section 1 of the German Commercial
Code (HGB) he has the commercial duty to examine the goods and notify the Seller of
defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure
specified therein, the goods shall be deemed approved.
9.6 If the Client is a consumer, the forwarding agent has to be immediately notified of
any obvious transport damages and the Seller has to be informed accordingly. Should
the Client fail to comply therewith, this shall not affect his statutory or contractual
claims for defects.
10) Liability
The Seller shall be liable to the Client for any contractual and quasi-contractual claims
and for claims of liability in tort regarding damages and effort compensation as follows:
10.1 The Seller shall face unlimited liability regardless of the legal ground
- in case of intent or gross negligence,
- in case of injuries of life, body, or health resulting from intent or negligence,
- in case of a promise of guarantee, unless otherwise provided,
- in case of liability resulting from mandatory statutory provisions such as the
product-liability-law.
10.2 If the Seller negligently infringes an essential contractual duty, the liability to pay
damages shall be limited to the foreseeable, typically occurring damage, unless
unlimited liability applies pursuant to the aforementioned Section. Essential significant
contractual obligations are obligations the contract imposes on the Seller according to
its content to meet the purpose of the contract and whose fulfillment is essential for the
due and proper implementation of the contract and on the fulfillment of which the Client
can regularly rely.
10.3 For the rest, the Seller’s liability is excluded.
10.4 The aforementioned provisions on liability apply also to the Seller’s liability
regarding his legal representatives and vicarious agents.
11) Redemption of Campaign Vouchers
11.1 Vouchers which are issued by the Seller free of charge, for a specific period of
validity in the context of promotional activities and which cannot be purchased by the
Client (hereinafter to as "campaign vouchers”) can be redeemed onla in the Seller’s
online shop and only within the indicated time period.
11.2 Individual products may be excluded from the voucher campaign, if such a
restriction results from the conditions of the campaign voucher.
11.3 Campaign vouchers must be redeemed prior to the conclusion of the order
procedure. Subsequent offsetting is not possible.
11.4 In case of an order, several campaign vouchers can be redeemed.
11.5 If the value of the campaign voucher is not enough for the order, the Client may
choose one of the remaining payment methods offered by the Seller to pay the difference.
11.6 The campaign voucher credit will not be redeemed in cash and is not subject to
any interest.
11.7 The campaign voucher will not be redeemed if the Client, in the context of his legal
right to cancel, returns goods paid fully or partially by a campaign voucher.
11.8 Campaign vouchers are only intended for the use of the person designated on the
voucher. Transferring the campaign voucher to a third party is not permitted. The Seller
is entitled but not obliged to check the entitlement of the respective voucher owner.
12) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between
the parties under exclusion of the laws governing the international purchase of movable
goods. For consumers, this choice of law applies only to the extent that the granted
protection is not withdrawn by mandatory provisions of the law of the country in which
the consumer has his habitual residence.
13) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law, or a separate estate under
public law with its seat in the territory of the Federal Republic of Germany, the Seller’s
place of business shall be the sole place of jurisdiction for all legal disputes arising from
this contract. If the Client is domiciled outside the territory of the Federal Republic of
Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal
disputes arising from this contract,provided that the contract or claims from the contract
can be assigned to the Client’s professional or commercial activities. In any event
however, regarding the aforementioned cases, the Seller is entitled to appeal to the
court which has jurisdiction over the area where the Client’s place of business is located.
14) Alternative Dispute Resolution
14.1 The EU Commission provides on its website the following link to the ODR platform:
https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising
from online sales and service contracts concluded between consumers and traders.
14.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure
before an alternative dispute resolution entity.
11.06.2018