General terms and conditions (AGB)
For all deliveries to (§ 13 BGB) and companies (§ 14 BGB) apply these general terms and conditions(subsequently referred to as AGB). The specific arrangements for contractors are marked accordingly.
2. Contractors and Conclusion of contract
When ordering through our online shop, a contract of sale is concluded with:
2.2 Order / Customer account
The presentation of products in our online shop constitutes a call for order. In order to make a purchase offer, you can register during the ordering process and open a customer account. Mandatory fields are marked with a *. This way, you can pay easily and comfortably on Rakuten shopping portals as well as in all affiliated online shops by entering your email address and private password.
If you place an order through our online shop, the subsequent ordering process comprises 3 steps:
Step 1: Log into your costumer account by entering your email address and your private password. In case of a first or guest order, you have to state your customer information including a billing address and, if desired, a differing delivery address.
Step 2: Select a method of payment for paying your order. If you are a registered user, the method of payment you used for your last order is already selected. Of course, you can change this setting at any time during the ordering process by clicking „change“.
Step 3: Under “Verify and Confirm“ you can verify and change all information (e. g. name, address, method of payment) by clicking on the link “Change“. You can cancel the order procedure anytime by closing the browser window or clicking on the link “Cancel and Continue Shopping“. By clicking the button „buy“, you complete the ordering process and place a binding order.
2.3 Acceptance of offer/Conclusion of contract
By sending you an order confirmation automatically per email immediately after the ordering process is completed, we accept your offer to conclude a contract (your order). We can accept your offer within 24 hours after the receipt of your order by sending you an order confirmation via email.
2.4 Possibility to appeal
In case our order confirmation contains any writing or printing mistakes, or if our prices contain mistakes due to technically transmission errors, we are allowed to appeal, whereas we are obliged to prove the mistake. Payments already made will be refunded immediately.
2.5 Ordering by telephone
In case of an order by phone, your costumer information will be requested verbally and a customer account may be opened. If a customer account has been opened, the password assigned to your customer account by Rakuten will immediately be deleted after the ordering process is completed, and you will receive a new, encrypted password, exclusively known to you. If an order is placed by telephone, the contract of sales will not come into effect until we send you an order confirmation per email, which we can send you within 24 hours after receipt of your order.
3. Storage of the contractual text
Aytie GmbH & Co. KG will store the contractual text and will send you order details as well as its AGB per email. You may access these AGB at any time in our shop and print them out. You can check your orders at any time in your customer account. In addition to this, you can check the status of your current order under “order status” on www.rau-cosmetics.de.
4. Reservation of title
We retain title of ownership to the delivered merchandise until the purchase price has been paid in full. Before the transition of ownership a pledge, security assignment, processing or redesign is not allowed without our permission. We authorize Rakuten to utilize goods already delivered and not paid in full.
5. Terms of delivery
5.1 Partial deliveries
In case not all products ordered are in stock, we reserve the right of partial delivery on our own cost, as long as it is reasonable for you.
5.2 Delivery not possible
In case the delivery of the goods fails with fault on your side, despite three attempts of delivery, we may withdraw from the contract. Any payments already received will be refunded immediately.
5.3 Reservation of self-supply
If the product ordered is not available, because we have not been supplied with the product by our distributor without fault on our side, we have the right to withdraw from the contract. In this case, we will inform you immediately and may suggest a comparable product to you. If a comparable product is not available or you do not desire the delivery of a comparable product, we may refund any payments already made immediately. We are responsible for proving a lack of supply by our distributor.
6. Transfer of risk upon shipment
If the goods are sent to the purchaser at the purchaser´s request, the risk of accidental loss or accidental deterioration of the goods transfers to the purchaser upon the dispatch to the purchaser, but not later than the point in time at which the respective goods leave the factory/warehouse. This applies irrespective of whether the dispatch of the goods is made from the place of performance and irrespective of who bears the freight charges.
7. Terms of payment
7.1 Methods of payment
Payment is made via Rakuten Deutschland GmbH by the mehtods of payment available. You can check the methods of payment currently available anytime under “Methods of payment“ on the Rakuten website or under „customer information“ on our website. In any case, you can pay in advance and further methods of payment are offered to you prior to any order.
7.2 Exclusion of certain methods of payment
We reserve the right to exclude certain methods of payments. The methods of payment available will then be offered during the ordering process. Please also note the information regarding this matter in our data protection statement available under “Data Protection“.
7.3 Costs of reversal transfer
In case of payment by debit you have to pay the costs resulting from a reversal transfer due to a lack of account cover or due to false bank data transmitted by you.
7.4 Terms of payment
The invoice amount is to be transferred to our account within 10 days from date of invoice. In case of payment by credit card, your credit card account will be charged as soon as the ordering process is completed. If there is any delay in payment, the purchasing price shall bear interests amounting to 5% above the base rate for the time of the delay. Rakuten reserves the right to prove and claim a higher damage caused by default of payment.
7.5 Offset and right of retention
You are only entitled to offset if your counterclaims are undisputed or have been determined to be legally valid. You are only entitled to exercise the right of retention insofar as your counterclaim is based on the same contractual relationship.
8. Warranty towards consumers
The warranty is granted in accordance with legal provisions.
9. Warranty towards entrepreneurs
9.1 Obligation to notify a fault
Any warranty rights of the purchaser are subject to the purchaser having properly fulfilled the obligation to inspect the goods upon receipt and submit complaints if applicable as required by § 377 of the German Commercial Code (HGB Handelsgesetzbuch).
9.2 Limitation period
Claims for defects become time-barred 12 months from the time the goods supplied by us were delivered to the purchaser. This does not apply in cases where longer periods are prescribed by law in accordance with § 438 Paragraph 1 No. 2 of the German Common Civil Code (BGB (regarding buildings and goods for buildings) and § 634a Paragraph1 BGB (regarding construction defects). Our consent must be obtained prior to any return of goods.
If despite all care taken, the delivered goods exhibit a defect that already existed at the time of transfer of risk, we will, at our choice, either repair the goods or supply replacement goods, provided that the notice of defects was given in due time. We must always be given the opportunity to render subsequent performance within reasonable time. This provision does not affect the rights of recourse in any way.
9.4 Withdrawal from contract
If subsequent performance fails, the costumer may, regardless of possible damage claims, withdraw from the contract or reduce compensation.
9.5 Exclusion of defect reasons
Claims for defects cannot be asserted in the case of only insignificant deviation from the agreed properties and condition, in the case of only insignificant impairment of usability, in the case of natural wear and tear, or in the case of damaging arising after the transfer of risk as result of incorrect or careless handling, excessive strain, unsuitable equipment, poor construction work, an unsuitable foundation, or due to special external influences that could not have been foreseen at the time the contract was formed. Likewise, if repair work or modifications are carried out improperly by the purchaser or a third party, claims for defects cannot be asserted for these or the resulting consequences
9.6 Shipment of goods
Claims on the part of the purchase for expenditures necessary for the purpose of subsequent performance, particularly transport, travel, labor, and material costs, are excluded if these expenditures increase because the goods delivered by us were subsequently transported to a location other than the purchaser´s place of business, unless such transport is consistent with the goods´ intended use.
9.7 Recourse claim
The purchaser can only assert rights of recourse against us insofar as no agreements have been made between the purchaser and the purchaser´s buyer that go beyond the mandatory statutory rights relating to the defects. Furthermore, as for the scope of the purchaser´s right of recourse against the supplier, Paragraph 6 applies accordingly.
10. Transport damage
If goods are delivered with obvious transport damage, please claim such faults immediately to the deliverer and contact us as fast as possible. Failure to file a complaint or to contact us will not infringe statutory warranty rights. This way, you will help us file our own claims against the carrier or transport insurance company.
11. Final provisions
11.1 Applicable law
German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.2 Consumer law
If a customer concludes the contract for a purpose that cannot be assigned to commercial or professional activity (consumers), this choice of law only applies to the extent that the customer will not be bereft of any mandatory legal provisions by the law under which he/she is currently resident.
11.3 Contract language
Contract language is German or English.
Status June, 13, 2014