Terms of service
General terms and conditions (as of 08/2016)
§ 1 – Scope
(1) The Rausch & Partner GmbH, Stolzenmorgen 11, 35394 Gießen, is legally represented by Mr Helmut Rausch. The company distributes beer equipment to entrepreneurs (hereafter referred to as “customer” or “purchaser”) within the meaning of § 14 (1) of the Civil Code (BGB) via the own online-shop. For all orders, via our online shop by an entrepreneur, apply the following conditions in force at the time of the order. General terms and conditions of the purchaser, who deviate from these Conditions, shall not be valid unless we agree to this explicitly.
(2) These general terms and conditions apply exclusively to entrepreneurs within the meaning of § 14 para. 1 BGB in their respective valid for contract is concluded.An entrepreneur is a natural or legal person or a legal partnership within the meaning of § 14 para. 1 BGB, who concludes a legal transaction in their commercial or independent professional activity. If the entrepreneur is a natural person, he must have completed 18 years.
(3) The German language is exclusively available for the conclusion of the contract.
§ 2 – Conclusion of contract
(1) The goods and services which we offer through our website are addressed to entrepreneurs within the meaning of § 14 para. 1 BGB (§ to define the concept of undertaking cf. 1 para. 2 of these Terms and Conditions). If the entrepreneur is a natural person, he must have completed 18 years.
(2) Our offers on the internet - subject to para. 3 - shall represent a non-binding invitation to the client to order our services and goods at current prices.By sending the order (click on the button "order to pay it") on our website, the customer makes a binding offer for a contract from (§ 145 BGB).The entries can be corrected by the customer informed of the usual keyboard and mouse functions until mandatory sending the order. Furthermore, all entries before binding registration are displayed again in a confirmation window and can be corrected by means of the usual keyboard and mouse functions.
(3) Notwithstanding para. 2 the prices of certain products are communicated to the customer only upon individual request. This option applies to other products until a certain amount of product.The customer is explicitly mentioned in both cases, this option on the supply side. The transmitted price to the customer applies in this paragraph as a binding offer on the part of Rausch & Partner GmbH, unlike in para. 2. The contract is concluded by the subsequent acceptance of the purchaser.
(4) The confirmation of the order follows immediately after sending the order and does not constitute an acceptance of the contract. We can accept the order by sending an order confirmation via e-mail within 2 business days. Prior to shipping the order confirmation is our part no obligation to accept the contract.
(5) The wording of the contract will be filed with the submission of an offer on the online order form from the provider and the customer after submitting his order, together with these Terms and Conditions in writing (eg. as e-mail, fax or letter) sent. Additional the wording of the contract is archived on the website and can be accessed free of charge by the customer via the password protected customer account, specifying the login information, provided that the customer has created an account in the online shop of the provider before submitting his order.
(6) Before binding the order through the online order from the vendor, the customer can correct his entries using the usual keyboard and mouse functions. Furthermore, all entries before the mandatory delivery of the order will be displayed again in a confirmation window and can be corrected by means of the usual keyboard and mouse functions.
(7) The German language is exclusively available for the conclusion of the Contract.
§ 3 – Prices, payment und arrears
(1) The current prices on our website plus VAT and shipping cost shall be valid at the point in time of your order.
(2) Payment of the purchase price can be paid in advance and PayPal.
(3) If the buyer is in arrears, we are entitled to interest at the rate of nine percentage points p.a. to demand above the base rate of the European Central Bank. In the case that we make a further default damages, the customer has the opportunity to demonstrate that the alleged damage caused by delay is not incurred or in at least a significantly lesser extent.
§ 4 – Retention and Offset
(1) The customer has the right to offset only if and to the extent the requirement in question has been either established or will on our part not contested.
(2) The customer is only entitled to exercise a right of retention if and insofar as the counterclaim is based on the same contract.
§ 5 – Retention of title
(1) Until complete settlement of all claims from an ongoing business relationship, we reserve the ownership of the / the delivered product (s). The purchaser is obliged delivered to treat (s) product (s) considerate. He is especially obliged to protect them from damage and / or destruction.
(2) The customer is entitled to resell the goods in the ordinary course of business.All resulting claims against third parties, the customer enters the amount of the respective invoice value from (including VAT) to us in advance.This assignment shall apply regardless of whether the reserved goods have been resold without or after processing.The customer shall remain entitled even after the assignment to collect receivables. Our authority to collect the claims itself remains unaffected. We are the demands but not move as long as the customer towards its payment obligations to us, not in default of payment and no application is filed for insolvency proceedings against him.
§ 6 – Delivery
(1) The delivery time depends on the product and results from the respective offer in the online shop.The beginning of our stated in each individual case delivery time requires the timely and proper fulfillment of the customer's obligations, in particular the correct indication of the delivery address during the order.
(2) Goods that are delivered by freight carrier, the delivery occurs "free curb”, which means up to the delivery address nearest public curb, unless stated otherwise in the item description of the seller, and unless otherwise agreed.
(3) If the provider is unable to deliver the ordered goods without any fault because the supplier of the provider does not fulfill its contractual obligations, the customer will be informed immediately that the ordered product is not available.
(4) The risk of deterioration or loss of the goods passes to the handover of the delivery item to the shipping company to the purchaser. If the delivery or shipment of imputable to the Purchaser reasons delayed, the risk is transferred to the purchaser on the day of notification of readiness for dispatch of the delivery item.Rights of the buyer due to damage remain unaffected, due to an insufficient or otherwise improper packaging of the goods.
(5) For collection by the customer the seller informs the customer first by e-mail that the ordered goods are available for collection.Upon receipt of this e-mail, the customer can pick up the goods after consultation with the seller at the location of the seller. In this case, no shipping costs will be charged.
§ 7 – Acceptance delay
(1) If the customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damages incurred thereby including any additional expenses. Further claims remain reserved. This does not apply if the customer does not represent the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the provider announced his performance a reasonable time in advance would have.
(2) The purchase price is to be paid interest during the delay. The interest rate nine percentage points per annum above the base rate.
(3) The customer has to prove his part reserved that a loss in the amount requested is not or created at least substantially lower. The risk of accidental loss or accidental deterioration of the goods is transferred at the time to the buyer, in which it is in acceptance or payment.
§ 8 – Guarantee
(1) If the purchase item is defective, the following paragraphs shall apply.
(2) Abweichend von den §§ 433 ff. BGB
- founded a minor defect in principle no claims;
- the seller has the choice of the type of remedy;
- The limitation period for new goods is for defects for one year from transfer of risk;
- The rights and claims are generally excluded for used goods for defects;
- the limitation period does not start again when done as part of the warranty a replacement.
(3) The regulated above limitations and limitation shortenings do not apply
- have for things that have not been used in accordance with their usual purpose for a building and caused its defectiveness;
- for damages resulting from injury to life, limb or health based on an intentional or negligent breach of duty of the seller or an intentional or negligent breach of duty by a legal representative or agent of the seller;
- for other damages based on intentional or gross negligence of the seller or on an intentional or grossly negligent breach of duty by a legal representative or assistant of the user;
- for the case that the seller has fraudulently concealed the defect.
(4) in addition, for entrepreneurs that the statute of limitations for the right of recourse according to § 478 BGB remain unaffected.
(5) If the customer is a merchant within the meaning of § 1 HGB, the commercial inspection and notification hits him in accordance with § 377 HGB. If the customer omits the regulated therein notification obligations, the goods are considered approved.
(6) Moreover, the statutory liability for defects of the BGB.
§ 9 – Liability and indemnification
(1) The seller is liable to the customer for all contractual, quasi-contractual and legal, and tortious claims to compensation and reimbursement in accordance with the following paragraphs.
(2) The seller is liable for any legal reason unrestricted
- with intent or gross negligence;
- of deliberately or negligently injury to life, limb or health;
- is due to a warranty promise, as far as any stipulated otherwise;
- due to mandatory liability (for example, under the Product Liability Act)).
(3) The seller violates negligently an essential contractual obligation (cardinal obligation), the liability to the typical, foreseeable damage, unless the preceding paragraph, there is liability unlimited. Material contractual obligations are obligations, the contract imposes on the Seller to its content to achieve the purpose of the contract, the fulfillment of which renders a correct execution of the contract and on whose compliance the customer may trust regularly.
(4) Incidentally, a liability of the seller is excluded.
(5) The aforementioned liability regulations also apply with respect to the liability of the seller for his assistants and legal representatives.
§ 10 – Data protection
We treat your personal data confidentially and in accordance with the privacy legislation. A transfer of your data without your express consent is not or only under the necessary completion of the contract, as the authorities responsible for the delivery of the goods companies. For details, see our Privacy Policy.
§ 11 – Right of modification
We reserve the right to amend the Terms and Conditions. Apply valid at the time of concluding the contract terms and conditions.
§ 12 – Final provisions
(1) Applicable is the law of the Federal Republic of Germany, excluding the CISG.
(3) If the Contracting Parties are merchants, the court has jurisdiction at our registered office in Giessen, unless a jurisdiction is justified for the dispute. This also applies if the customer does not reside within the European Union.
(4) Unless one provision of this Agreement is invalid or unenforceable or is, the remaining provisions shall remain unaffected.