Terms and conditions

General terms and conditions

§ 1 Scope of application

For business dealings with riese und müller GmbH and the purchaser, solely the following general terms and conditions apply in their form valid at the time of order. Terms altered by the purchaser are not recognised by riese und müller GmbH unless riese und müller GmbH has expressely agreed in writing to their validity.

Note: the general terms and conditions for riese und müller GmbH detailed below are only valid for authorised riese und müller dealers. The T&Cs for authorised dealers are valid for riese und müller authorised dealers.

§ 2 Termination of contract

Your order forms an offer to us for closure by a sales contract. When you place an order with riese und müller GmbH, we will send you an e-mail which confirms our receipt of your order and lists the details (order confirmation). This order confirmation does not constitute any acceptance of your order, but is purely to inform you that we have received your order. A sales contract only comes into force when we send you the ordered product. For products which are in one and the same order, which are not listed in the Despatch Confirmation, no contract exists. The contracting entity is riese und müller GmbH

riese und müller GmbH does not offer any products for sale to minors.

§ 3 Cancellation

You can cancel your contract declaration within two weeks without having to give a reason in writted form (for example by letter or e-mail), or by returning the goods. The period begins with acceptance of the goods and not before the receipt of these instructions. For compliance with the cancellation period prompt sending of a cancellation or return of the goods is sufficient. Cancellations should be sent to:

riese und müller GmbH
Haasstraße 6
64293 Darmstadt
Germany
E-mail: team@r-m.de

Returns of goods should also be sent to the above address.

Consequences of cancellation:

In the case of an effective cancellation all goods received by both parties are to be returned. Should you not be able to return to us the received goods in full or in part, or only in a deteriorated condition, then you must pay for replacements or if necessary repair of the damage.

In general you can avoid the obligation to make up the value of replacement by not using the goods as if you were their owner, and by refraining from anything that may diminish their value. When you send back a delivery within 14 days then you must bear the cost of the return shipping, if the supplied goods matched the order. For deliveries made in error on the part of riese und müller GmbH the return shipping costs will be reimbursed.

§ 4 Deliveries

Unless otherwise agreed, deliveries will be made from the riese und müller GmbH factory to the delivery address supplied by the purchaser. Delivery schedules are not binding.

Should riese und müller GmbH not be in a position to supply the goods through no fault of their own, because a supplier of riese und müller GmbH has not fulfilled contractual obligations, riese und müller GmbH will not hold the purchaser responsible for cancellation. In this case the purchaser will be promptly informed that the products ordered are not available. The legal rights of the purchaser are not affected.

If a delivery to the purchaser is not possible because the purchaser is not at the delivery address supplied by the purchaser, although the purchaser has been informed in good time in advance of the delivery time, then the purchaser bears the cost of the failed delivery.

§ 5 Payment terms and payment

The purchaser can pay the purchase price by cash on delivery, pre-payment or by PayPal.

§ 6 Retention of title

The goods delivered remain the property of riese und müller GmbH until payment has been made in full.

§ 7 Liability for defects

Should there be a defect in the purchased goods, the statutory provisions apply. Abandonment of these requirements by the buyer is not possible.

In so far as the following does not change matters, further demands from the purchaser - on whatever legal basis - are disallowed. riese und müller GmbH is not responsible therefore for damages which have not occurred to the actual goods delivered; in particular riese und müller GmbH accept no liability for loss of earnings or for economic losses of the purchaser. In so far as the statutory liability of riese und müller GmbH is not applicable or limited, this also applies to the personal liability of staff, representatives and agents.

The previous limitations of liability do not apply should the damage be caused intentionally or by gross negligence, or should injury be caused. Further, they do not apply should the purchaser make valid statutory regulation demands.

Should riese und müller GmbH negligently violate a contractual obligation, the liability for replacement of damaged goods is limited to the to the damage which typically occurs.

Should fulfillment be made by means of a replacement delivery, the purchaser is obliged to return the originally delivered goods to riese und müller GmbH at the purchaser's own expense within 14 days. Return of defective goods should be carried out according to the statutory regulations. riese und müller GmbH reserves the right according to the conditions of the statutory regulations to make compensation. Costs of return shipping will be reimbursed by riese und müller GmbH.

The limitation period is twenty four months, calculated from the date of delivery.

02-October-2007