Terms and Conditions
- Scope The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
For Germany: Consumers are defined as any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity, in accordance with § 13 BGB.
For Austria: In the following terms, "consumer" is understood to mean "consumer" within the meaning of the Consumer Protection Act (KSchG).
For entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby objected to; they will only become part of the contract if we have expressly agreed to them.
- Contractual Partners, Conclusion of Contract, Correction Options The purchase contract is concluded with RESS GmbH & Co.KG.
The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place orders. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking the order button, you submit a binding offer for the items contained in the shopping cart. The confirmation of receipt of your order is sent immediately after submitting the order by email.
We accept your offer within two days by
sending an acceptance declaration in a separate email or having the payment transaction carried out by our service provider or the selected payment service provider. The timing of the payment transaction depends on the chosen payment method (see under “Payment”). The relevant alternative depends on which of the listed events occurs first.
- Contract Language, Contract Text Storage The available language(s) for the conclusion of the contract is: German, English
We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the internet.
- Subject Matter of the Contract 4.1 Product Description The validity of the respective product description as a substantial part of the contract is noted.
4.2 Product Images Without prejudice to your statutory warranty rights, we would like to point out the following specifics. If you have any uncertainties, please contact us:
Due to individual screen configurations (e.g., resolution and brightness), there may be slight deviations between the displayed and actual product colors.
- Delivery Conditions Delivery Options
We deliver the products to the delivery address specified in the order process.
You have the option to pick up the goods at RESS GmbH & Co.KG, Am Hasselbruch 28, 32107 Bad Salzuflen, Germany during the following business hours: Monday to Thursday: 7:30 AM to 4:30 PM, Friday: 7:30 AM to 3:00 PM
- Payment 6.1 Due Date and Payment Default The price is due upon conclusion of the contract unless a later due date is specified in the following payment conditions.
For consumers: In the event of payment default, we reserve the right to charge you a fee of 1.50 euros per reminder from the second reminder and for each subsequent reminder. You may prove that a lesser damage has occurred. Other claims remain unaffected.
For entrepreneurs: In the event of payment default, we reserve the right to charge the statutory default interest of nine percentage points above the base rate as well as a lump sum of 40 euros. Other claims remain unaffected.
6.2 Payment Methods The following payment methods are generally available in our shop:
Advance Payment If you choose advance payment, we will provide our bank details in a separate email and deliver the goods upon receipt of payment.
SEPA Direct Debit By placing an order, you give us a SEPA Direct Debit mandate. We will notify you of the date of the account debit at least one banking day in advance (so-called prenotification). A banking day is any business day except Saturdays, national public holidays, and December 24 and 31 of each year. The account will be debited after you have received the goods.
Invoice The invoice amount is due 30 days after receipt of the invoice and goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.
Installment Purchase via ALBIS HiTec Leasing GmbH In cooperation with ALBIS HiTec Leasing GmbH, Ifflandstr. 4, 22087 Hamburg, Germany, we offer you the option of installment purchase. The prerequisite is a successful address and credit check. For payment processing, the terms and conditions of ALBIS HiTec Leasing GmbH apply in addition to our terms and conditions. Further information, including the terms and conditions of ALBIS HiTec Leasing GmbH, is provided during the order process.
Right of Withdrawal You have the statutory right of withdrawal, as described in the withdrawal policy.
Retention of Title The product remains our property until full payment is made.
For entrepreneurs, the following applies additionally: We retain ownership of the product until all claims from an ongoing business relationship have been fully settled. You may resell the reserved goods in the ordinary course of business; all claims arising from this resale are assigned to us in advance, regardless of any combination or mixing of the reserved goods with a new item, to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not fulfill your payment obligations. We will release the securities to which we are entitled upon your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
- Transport Damage For consumers: If goods are delivered with obvious transport damage, please report such defects to the carrier as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, particularly your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment.
- Data Backup You are responsible for proper and regular data backup. We are not liable for damage resulting from data loss, to the extent that you could have avoided the data loss through regular and complete data backup.
The above limitation does not apply to claims arising from damages caused by us, our legal representatives, or agents
in case of injury to life, body, or health in case of intentional or grossly negligent breach of duty and fraud in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) within the scope of a guarantee promise, if agreed, or to the extent that the scope of the Product Liability Act is opened. 11. Warranty and Guarantees 11.1 Liability for Defects For consumers: The statutory liability for defects applies.
For entrepreneurs and merchants: Unless expressly agreed otherwise below, the statutory liability for defects applies. The following limitations and shortened periods do not apply to claims resulting from damages caused by us, our legal representatives, or agents
• in case of injury to life, body, or health • in case of intentional or grossly negligent breach of duty and fraud • in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) • within the scope of a guarantee promise, if agreed, or • to the extent that the scope of the Product Liability Act is opened.
Limitations for entrepreneurs
For entrepreneurs, only our own statements and the manufacturer's product descriptions that were included in the contract apply as an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The preceding sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defectiveness. The sale of used goods takes place under the exclusion of any warranty. The statutory limitation periods for recourse claims under § 445a BGB remain unaffected.
Note for merchants
For merchants, the duty to examine and notify defects regulated in § 377 HGB applies. If you fail to provide the notification stipulated there, the goods are deemed approved unless it is a defect that could not be detected during the inspection. This does not apply if we have fraudulently concealed a defect.
11.2 Guarantees and Customer Service Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.
Customer Service: email: info@ress.de or Tel.: +49 5208/91270 during business hours
- Liability For claims resulting from damages caused by us, our legal representatives, or agents, we are always unlimitedly liable
in case of injury to life, body, or health, in case of intentional or grossly negligent breach of duty, in case of guarantee promises, if agreed, or to the extent that the scope of the Product Liability Act is opened. In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence by us, our legal representatives, or agents, the liability is limited to the amount foreseeable at the time of the conclusion of the contract, which typically has to be expected. Otherwise, claims for damages are excluded.
- Code of Conduct We have submitted to the following codes of conduct:
Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf) 14. Dispute Resolution The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board. 15. Final Provisions If you are an entrepreneur, German law applies to the exclusion of the UN Sales Convention.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
Should individual provisions of these terms and conditions be or become invalid in whole or in part, the validity of the remaining contract remains unaffected. In place of the invalid provisions, the relevant statutory provisions apply.
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