General Terms and Conditions
The Customer contracts with Rauch GmbH. The following General Terms and Conditions shall apply to all contracts, deliveries and other works and services. We herewith expressly reject any and all contrary provisions stipulated by the Customer. Any collateral agreement shall require a written confirmation on our part in order to be valid. Rauch GmbH shall be entitled at any time to amend or add to these General Terms and Conditions and any and all of its amendments and additions. Orders received prior to such an amendment or addition shall be processed in accordance with the then valid General Terms and Conditions.
Our quotations shall be non-binding and subject to changes, technical or otherwise, from our illustrations or descriptions.
On ordering an article, the Customer declares with binding effect its intention to acquire such article. Rauch GmbH shall be entitled to accept the contractual offer underlying the order within seven calendar days. Acceptance shall be by way of sending an order confirmation/pro forma invoice. In the event that a given article is not available for any considerable time Rauch GmbH reserves the right not to deliver such article. In such event, Rauch GmbH shall promptly inform the Customer and promptly return any counterperformance which may have been made by the Customer.
4. Delivery and payment
The conditions of delivery and payment applied by Rauch GmbH are stated in detail in the ordering form. All our prices include the statutory VAT, currently amounting to 19%. We reserve the right to make part-deliveries if this appears of advantage for the prompt handling of the order. Any special delivery modes requested by the Customer shall be charged at the stated surcharge. Orders by “Vorkasse” (cash in advance) shall be deemed to be cancelled if no payment is received within ten working days.
5. Delivery periods
Goods on stock are dispatched within two working days of the receipt of payment (we shall not be liable for any transport problems). If a product is not on stock at the time of ordering we shall use our best efforts to deliver as quickly as possible. In the event that non-observance of a deadline for delivery, works or services is due to circumstances beyond our control the deadline shall be extended accordingly. If the failure to observe a deadline is due to other reasons, the Customer shall be entitled to grant, in writing, a reasonable grace period subject to the threat of refusal and, if such period has expired without performance, to rescind the contract with regard to the contracted work or service. In the event that non-delivery is due to the inability to perform on the part of the producer or a supplier either Rauch GmbH or the Customer may rescind the contract if an agreed delivery date has been exceeded by more than two months. Claims for damages due to default, inability or non-performance, including those arising up to the date of rescission, shall be excluded, except if a legal representative of Rauch GmbH should have acted intentionally or by gross negligence.
6. Right of return
Within the scope of the Distance Selling Act, articles bought from us may be returned within two weeks. The time limit is observed when the article is returned in good time (date of invoice). We accept any returned article only when it has been sent to our company address unused and undamaged, packed for safe delivery. The right of return shall not apply to discounted articles and articles produced for special sales schemes or specifically to the customer’s requests.
7. Passing of risk
The risk shall pass to the Customer upon dispatch of the article by Rauch GmbH.
Rauch GmbH warrants that the sold article is free of defects in material or make and has the contractual properties. Upon receipt of the article, the Customer shall promptly check it for defects and its condition. Any damage caused by shipping (the package is visibly damaged) shall be noted on the forwarder’s counterfoil and notified to Rauch GmbH in writing within three days. Apparent defects shall be reported to Rauch GmbH in writing within ten days of their discovery, same as concealed defects, failing which no warranty shall be given. The warranty shall be for six months from delivery. A complaint shall include evidence of the purchase date by way of the enclosed delivery note. The article involved shall be sent to Rauch GmbH together with a copy of the delivery note in a stamped envelope/package. No warranty shall be given on normal wear and tear. The warranty shall expire when the Customer makes changes to the article delivered. For the duration of the warranty period, Rauch GmbH shall have the right to repair the defect free of charge. Partial or full replacement of the article shall be permissible. If a defect is not remedied in good time, the Customer shall be entitled to rescission or a reduction in the purchase price. Section 476a BGB shall apply.
9. Extended reservation of title
Rauch GmbH shall retain title to the article until its complete payment.
10. Data storage
Under Section 28 of the German Data Protection Act BDSG it is pointed out that the data required for handling this transaction are processed and stored by a computer pursuant to Section 33 BDSG. Personal data are naturally treated as strictly confidential.
The place of performance and jurisdiction for both parties shall be the domicile of Rauch GmbH. German law shall apply, excluding the provisions of the UN Sales Convention.
If any of the above provisions should be or become invalid or ineffective this shall not affect the validity or effectiveness of the remaining provisions. The invalid or ineffective provision shall be replaced by the relevant statutory provision.
Last updated: 01/09/2018