Terms & Conditions

General Terms and Conditions (GTC)

Date: 01.08.2011

1.     General / contract

1.1.

The purchase contract is concluded when DR. BEATE RUCH accepts your order by delivery of the goods or by sending an order confirmation in writing.

1.2.

Order details will be stored for 12 months after your order. If you lose your order related data, please contact us using email/fax/phone. We will send you a copy of the data of your order.

2.     Prices and Payment

2.1.

Valid prices for the delivery are the list prices at the time of order.

2.2.

Our prices include 19% VAT and exclude shipping costs, where appropriate, delivery fees, installation and training costs. For a given shipping method we calculate shipping costs depending on size, weight and number of packages.

If the customer is a business and entering the contract exercising that business by supplying a valid VAT ID or is located in a non-EU country:

All our prices exclude VAT and shipping costs, where appropriate, import fees, delivery fees, installation and training costs. For a given shipping method we calculate shipping costs depending on size, weight and number of packages.

2.3.

Our invoices are due net immediately without deduction. A payment shall only be deemed effective once Dr. Beate RUCH can access the amount. In case of a payment in arrears we are entitled acc. to § 288 German Civil Code (BGB) to charge interest: 5% above the EZB base interest rate following § 247 German Civil Code (BGB) for consumers acc. to § 13 German Civil Code (BGB), and 8% above the EZB base interest rate for business customers acc. to § 14 German Civil Code (BGB). Drafta and chequea will only be accepted after previous agreement and only on account of performance and shall apply as payment only after Dr. Beate RUCH can access the amount. Discount and collection charges shall be borne by the customer. We assume no liability for a timely presentation.

2.4.

Business customers have rights to refuse performance until counter-performance is effected only as long as their counter claim is part of the same contractual relationship and has been legally established or recognized by us.

3.     Delivery Time

3.1.

All items available in our stock will ship within ca. 24 hours. If an item is not immediately available, DR BEATE RUCH will inform the customer about the delivery delay promptly.

3.2.

The agreed delivery period begins with the uncontradicted or confirmed purchase order.

3.3.

Where applicable the delivery period is extended until the buyer has submitted all data and documents that are necessary for the execution of the order.

3.4.

Delivery delays for reasons beyond our control which are caused by legal or governemental orders (e.g. import and export restrictions) will extend the delivery period according to the duration of such obstacles. In important cases we will immediately communicate begin and end of the delay period to the buyer.

3.5.

If we fall into arrears with delivery, our obligation to pay damages in case of slight negligence is limited to the foreseeable damage. Further claims for damages exist only if the delay is based on intent or gross negligence.

4.     Delivery, shipping, transfer of risk

4.1.

Partial deliveries by us are permitted if reasonable for the buyer.

4.2.

Shipping method and way and the shipping company will be determined at our discretion, unless the buyer issues explicit instructions.

4.3.

The risk passes on to the buyer as soon as the shipment containing the goods to be delivered has been handed over from the forwarder to the buyer. Identifiable transport damages both visible and contingently ascertained have to be reprehended immediately to the forwarder or its agent and consecutively reported to DR. BEATE RUCH to assert claims.

5.     Revocation terms for end customers
5.1.
You may revoke your contractual declaration within a period of 14 days without giving reasons: in writing (e.g. letter, fax, email) or by returning the purchased items. The revocation period begins at the earliest upon receiving these instructions in writing but not before the goods have been delivered to the customer (in the case of repeated deliveries of identical items not before the first partial delivery) and not prior to fulfilling our duties to inform acc. to article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and our obligations acc. to § 312g para. 1 sentence 1 German Civil Code (BGB) in conjunction with article 246 § 3 EGBGB. It is sufficient to send the revocation or to return the goods in order to comply with this period of revocation. Notification of revocation should be sent to:
Dr. Beate Ruch
Marktplatz 6
35390 Giessen
Germany
E-Mail: info@fibrestore.de
5.2.    Consequences of Revocation
In the event of revocation becoming effective, any service rendered on either side must be returned and any benefit obtained therefrom (for example interest payments) must be surrendered. You must provide compensation to us if you are unable to return the entire or partial service rendered to you, or only in an impaired condition. This does not apply to the relinquishment of objects if the impairment of the objects can only be ascribed to their inspection as would be possible in a retail store. Moreover, you can avoid the obligation to provide compensation by not using the objects as your own and refraining from undertaking anything that may reduce their value.
5.3    Cost absorption agreement
Goods which can be sent by parcel post have to be returned at our risk. You must bear the costs of returning the goods if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euros or, in the case of a higher price at the time of your revocation you have not made payment or have not made a contractually agreed part-payment. Otherwise, returning the goods is free of charge for you.
Goods which cannot be sent by parcel post will be collected. Obligations for the return of payments made have to be fulfilled within 30 days. The term of repayment starts for you with the submission of your revocation or the goods and for us upon reception of either.
5.4.
The right of revocation does not apply to contracts for the delivery of goods that are made to the customer's order or are clearly tailored to the customer's personal requirements, which are not suitable for return due to their condition, which can easily perish or whose expiry date has passed.
Moreover, the right of revocation does not apply to contracts for the delivery of audio or video recordings or software if the seal on the data storage media supplied has been broken.
5.5
The right of revocation does not apply if the customer is a business acc. to § 14 of the German Civil Code (BGB) and entering the contract exercising that business. 

6.     Grace withdrawal / Non-acceptance

6.1.

After expiration of the two week revocation period, or in the case of customers not being consumers acc. to § 13 German Civil Code (BGB) returns will only be accepted in the case that delivered goods are verifiably wrong. Requests for exchange, withdrawal or credit in cases not caused by DR BEATE RUCH, a settlement can take place only after written confirmation by the seller. This is also true in the case of collection to verify the withdrawal requests initiated by DR Beate RUCH. A fundamental condition for this is the nature of the goods and their resalable condition. The anticipated refund amount is derived from the at time of receipt expectable resale price, less a cancellation & processing fee of 10% of the bill.

6.2.

If a buyer not being a consumer within the confines of § 13 German Civil Code (BGB) does not accept the sold items, then we are entitled to either insist on acceptance or to request 10% of the purchase price as a flat rate for damages and compensation for expenses, unless the buyer proves that the damage does either not exist or exists only in a smaller value. In the case of an unusually high damage, we reserve the right to claim this value. DR BEATE RUCH is entitled to store the items to be delivered at the buyer's risk by himself, with a forwarder or a warehouse for the duration of the default of acceptance of the buyer. During the time of the default of acceptance DR BEATE RUCH can charge the buyer a flat fee of 15 EUR per month without further proof for storage costs incurred. The overall remuneration is reduced to the extent that the customer can prove that no expense or damage have arisen. In the case of unusually high storage costs, we reserve the right to make these claims.

7.     Reservation of title

7.1.

We reserve ownership of the goods until full payment of all claims from the contract, including additional claims (checking costs, financing costs, interest). In breach of contract by the buyer, we are entitled to reclaim the goods. Redemption or the seizure of the subject matter does not imply withdrawal from the contract.

7.2.

In case of seizures or other interventions by third parties the buyer must inform immediately in writing.

7.3.

Any processing or transformation of the sales item by the buyer will always be performed for us. If the goods are processed with other items not in our ownership, we acquire joint ownership of the new object in proportion to the value of the goods to the other processed goods at the time of processing.

7.4.

The buyer is entitled to sell the goods in the orderly course of business. However, he already assigns to us all claims against its customers or third parties arising from the resale in the amount of the final invoice.

8.     Warranty / Disclaimer

8.1.

For new items we guarantee for a period of 24 months from delivery date that the items, according to the current state of the art are error free. A liability for normal wear and tear is excluded. For used items, the guarantee period is 12 months from delivery date. Insignificant variations in color, dimensions or other quality and performance characteristics do not justify any claims of the buyer also not covering warranty.

8.2.

We assume no liability for defects and damages resulting from inappropriate or improper use, neglect of application instructions, or faulty or negligent treatment. This is especially true for the operation of the goods with incorrect current or voltage and connection to unsuitable power sources. The same is true for defects and damages caused by fire, lightning, explosion or voltage surges, moisture of any kind, wrong or missing software programming and/or processing data, unless the buyer can prove that these conditions are not the cause of the alleged damages or defects.

8.3.

The warranty is void if the buyer intervenes and/or repairs equipment or has people unauthorized by Dr. Beate Ruch perform such interventions or repairs provided that the defect occurred is based thereon.

8.4.

Obvious deficiencies have to be promptly notified in writing and no later than ten business days after receipt of delivery, otherwise all warranty claims are excluded for these items. In relations to business customers §§ 377, 378 Commercial Code (HGB) apply additionally.

8.5.

If a defect occurs within one year from the date of delivery, the consumer has the right to choose between remedial of defects or the supply of a product free from defects (subsequent performance). As part of the delivery of free from defects goods an exchange into superior form of products is already accepted. If the selected type of subsequent performance is associated with disproportionately high costs, the claim is limited to the remaining type of remedy. Additional rights, especially the cancellation of the sales contract may be invoked only after a reasonable period for, or the double failure of subsequent performance.

8.6.

After the first year the claim is usually limited to repairs, as industry-specific costs are regularly disproportionately high (§ 439 II Civil Code (BGB). If in the course of rectification DR. BEATE RUCH makes an exchange into a superior product, this is already regarded agreed. Additional rights, especially the cancellation of the contract or the reduction of the purchase price may be invoked only after a reasonable period for, or the double failure of subsequent performance.

8.7.

If the customer is a business acc. to § 14 of the German Civil Code (BGB) we are entitled to either remedy the defect or deliver free from defect goods at our discretion within the first year after the delivery date (acc. to §439 German Civil Code (BGB). After one year from the date of delivery warranty is limited and at our discretion to either remedial of defects or credit covering the current value. If the business demands reimbursement of expenses acc. to § 478 II German Civil Code (BGB), this is limited to max. 2% of the original product value. Claims that go back to § 478 BGB, are waived by the 24-month warranty for businesses acc. to 8.1 within the meaning of the equivalent compensation under §478, IV, p. 1 German Civil Code (BGB).

8.8.

Exchange within the warranty/guarantee period does not invoke a new warranty/guarantee period; § 203 German Civil COde (BGB) remains unaffected.

8.9.

With the exception of liability for injury to life and limb, further claims of the buyer - for whatever legal reason - are excluded if not otherwise expressly agreed. We are therefore not liable for any damages that are not directly caused to the object; in particular, we are not liable for lost profit or other financial damages of the buyer. The foregoing exemption from liability does not apply if the damage is based on intent, gross negligence, lack of a guaranteed property, violation of contractual obligations, failure to meet an obligation, impossibility of performance, as well as claims under §§ 1, 4 of the Product Liability Act. We are not liable for the recovery of data, unless we have caused the loss intentionally or by gross negligence and the buyer can supply a backup of data such that reconstruction can take place with reasonable effort.

9.     Withdrawal upon deterioration in the financial circumstances

We can withdraw from the contract upon suspension of payment, the opening of bankruptcy or judicial settlement process, the rejection of the bankruptcy for lack of funds, bills and checks protests or other concrete evidence of deterioration in the financial circumstances of the buyer.

10.     Software, literature

In addition to our conditions the special license and other manufacturer terms covering software products apply. By accepting the the software, the buyer expressly acknowledges their validity.

11.     Use of Customer Data

We are entitled to process all the data concerning business relationships with buyers according to the federal data protection law.

12.     Export authorization

Goods delivered for possible exportation may require consent by the Federal Office of Industrial Economics (BAFA) in Eschborn,Germany. Buyers need to obtain consent on their own behalf and at their own expense. The refusal of such an export license does not entitle the buyer to withdraw from the contract.

13.     Jurisdiction, partial invalidity, applicable law

13.1.

In dealings with businesses and legal persons of public right, the agreed venue for all disputes arising under the contract, including bills and checks is Gießen; we are also entitled to sue at the residence of the buyer.

13.2.

In case any clauses of the contractual agreement or these general terms become ineffective the remaining clauses shall remain effective.

13.3.

In business transactions with consumers from within the European Union, the applicable law may be the law valid at the domicile of the consumer if consumer rights are touched.

 

 

 

DR. BEATE RUCH
Marktplatz 6
35390 Giessen
Fax: +49 (0)641 9805946
VAT ID: DE 199008355

 

 

 

 

 

 


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