Terms and conditions
Terms of sale, delivery and payment for the REHA-Industriekomponenten e.K. online shop | Last updated: 20 February 2023
Scope
(1) These terms of sale apply exclusively to entrepreneurs. An entrepreneur, referred to below as the customer, is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade, business or profession when entering into a legal transaction.
(2) All deliveries, services and offers by REHA-Industriekomponenten e.K. are made exclusively on the basis of these terms and conditions. They form part of all contracts concluded by REHA-Industriekomponenten e.K. with customers for the deliveries or services it offers. They also apply to all future deliveries, services and offers to the customer, even if they are not separately agreed again.
(3) Terms and conditions of the customer or third parties do not apply, even if REHA-Industriekomponenten e.K. does not separately object to their application in an individual case. Conflicting terms or terms that differ from these terms of sale are recognised only if REHA-Industriekomponenten e.K. expressly agrees to them in text form.
(4) These terms and conditions also apply if REHA-Industriekomponenten e.K., knowing of conflicting or differing customer terms, makes delivery to the customer without reservation.
Product offers and conclusion of contract
(1) All product offers on our websites are non-binding and subject to change. This applies in particular to prices, including prices shown in the shopping cart at the time of ordering, and illustrations. Reasonable technical changes and changes in shape, colour or weight are reserved.
(2) By ordering goods, the customer makes a binding offer to purchase them. REHA-Industriekomponenten e.K. may accept this contractual offer within 14 days of receipt. An order-confirmation email or telephone confirmation issued during the ordering process does not itself constitute acceptance of the contract.
(3) A purchase contract is concluded only when the goods are dispatched to the customer or acceptance is declared in text form.
(4) Contracts are concluded exclusively with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) and only where the purchase is made in the exercise of a trade, business or profession. Offers from consumers, or from entrepreneurs acting as consumers, are not accepted. REHA-Industriekomponenten e.K. is entitled to verify the customer's status as an entrepreneur.
Prices, packaging, shipping and payment
(1) Prices shown on the websites are net prices unless a gross price is expressly stated.
(2) Unless expressly agreed otherwise in text form, our prices are ex works and exclude packaging, freight and any cash-on-delivery charges.
(3) Packaging and shipping costs are borne by the customer. Their amount depends on the shipping method, payment method, weight and destination. For an online order request, these costs are calculated after the delivery address has been verified and are stated in our order confirmation or invoice. The customer's submission remains an offer; a contract is formed only when we accept it in accordance with § 2.
(4) If partial deliveries are initiated by REHA-Industriekomponenten e.K., subsequent deliveries are made free of additional shipping charges. If partial deliveries are requested by the customer, shipping costs are charged proportionately.
(5) We accept the payment methods displayed during the ordering process.
(6) Once a purchase contract has been concluded, the customer must pay the purchase price immediately and without deduction unless otherwise agreed. The statutory provisions on late payment apply.
Set-off and rights of retention
(1) The customer may set off claims only where its counterclaims have been finally established by a court, are undisputed or have been acknowledged by us.
(2) The customer may exercise a right of retention only insofar as its counterclaim arises from the same contractual relationship.
Delivery times
(1) Delivery dates and periods are binding only if REHA-Industriekomponenten e.K. expressly identifies them as binding and confirms them in text form.
(2) If REHA-Industriekomponenten e.K. is prevented from delivering on time by circumstances beyond its control, such as force majeure or failure of its own supplier to deliver, the delivery period will be extended by a reasonable period. The customer will be informed.
(3) If the customer delays acceptance or breaches duties to cooperate, REHA-Industriekomponenten e.K. is entitled to claim compensation for the resulting loss.
Passing of risk on dispatch
(1) The risk of accidental loss or accidental deterioration of the goods passes to the customer as soon as the goods are handed to the person carrying out the transport or leave the warehouse for dispatch.
(2) This applies regardless of whether dispatch takes place from the place of performance and regardless of who bears the freight costs.
Retention of title
(1) REHA-Industriekomponenten e.K. retains title to the delivered goods until all claims arising from the business relationship have been paid in full.
(2) The customer must handle goods subject to retention of title with care and insure them adequately at its own expense.
(3) The customer may resell goods subject to retention of title in the ordinary course of business. The customer hereby assigns to REHA-Industriekomponenten e.K. all claims against third parties arising from resale up to the final invoice amount. REHA-Industriekomponenten e.K. accepts the assignment.
Exclusion of liability for defects
(1) Used goods are generally sold with all liability for material defects excluded, unless otherwise provided below or mandatory statutory provisions apply.
(2) The exclusion does not apply where a defect was fraudulently concealed, a guarantee was given, or life, limb or health was injured.
Guarantee of durability for used goods
(1) Where REHA-Industriekomponenten e.K. provides a guarantee of durability for specific used goods, its content is set out in the relevant product description or a separate guarantee statement.
(2) Guarantee claims exist solely in accordance with the guarantee statement and without prejudice to mandatory statutory rights.
Liability for damages
(1) The liability of REHA-Industriekomponenten e.K. for damages, irrespective of the legal basis, is limited in accordance with this Section 10.
(2) REHA-Industriekomponenten e.K. has unlimited liability for intent and gross negligence, injury to life, limb or health, the assumption of a guarantee and liability under the German Product Liability Act.
(3) In the event of a slightly negligent breach of duty, REHA-Industriekomponenten e.K. is liable only for breach of essential contractual obligations. In those cases, liability is limited to the foreseeable loss typical for the contract.
Electronic invoicing
The customer agrees that invoices will be provided exclusively in electronic form, in particular by email or through an electronic portal. The customer must ensure that the email address supplied can receive messages and is checked regularly.
Governing law and jurisdiction
(1) The law of the Federal Republic of Germany applies exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the registered office of REHA-Industriekomponenten e.K. is the exclusive place of jurisdiction for all disputes.
Severability
If any provision of a contract, including these terms and conditions, is or becomes wholly or partly invalid, the validity of the remaining provisions is unaffected. The invalid provision is replaced by the valid provision that most closely reflects its economic purpose.
Final provisions
(1) Amendments and additions to a contract, including these terms and conditions, must be made in text form unless mandatory law requires a stricter form.
(2) Rights arising from the contractual relationship may be assigned only with the prior consent of REHA-Industriekomponenten e.K.
Translation note
This is an English translation of the German legal text. In the event of discrepancies, the German version applies.