General terms and conditions of business
Retterspitz GmbH & Co. KG does not accept any general terms and conditions of business of other parties. In addition to the statutory provisions, the following terms apply exclusively:
The price lists valid on the date of dispatch are binding. Retterspitz GmbH & Co. KG shall be bound by offers for 4 weeks from the date of issue.
Terms and Conditions of Delivery
The following payment terms of Retterspitz GmbH & Co. KG apply to consumers:
Value of goods including VAT
EUR 20 upwards: Free postage and packing
EUR 150 upwards: 5% discount plus free postage (except for shipment abroad) and packing
EUR 300 upwards: 7,5% Vdiscount plus free postage (except for shipment abroad) and packing
Postage must always be paid for deliveries abroad.
Deliveries are payable within 30 days without deductions in the absence of any agreement to the contrary. Statutory interest shall be charged on arrears if payment is not made by the deadline.
With regard to entrepreneurs, the individually agreed terms of payment apply exclusively.
With regard to consumers, the statutory provisions exclusively apply in terms of warranty
With regard to entrepreneurs, the following shall however apply in terms of warranty: Retterspitz GmbH & Co. KG shall not be liable for damage to the packages at third-party warehouses; any obvious transport damage must be confirmed by the carrier immediately in writing; concealed damage must be reported within 5 week days; if this deadline is not met, Retterspitz GmbH & Co. KG shall not recognise transport damage. The warranty periods for sales contracts vis-à-vis entrepreneurs shall also be reduced to one year
Right of Retention / Advance Performance Obligation
In the event of a delay in payment by the customer, Retterspitz GmbH & Co. KG may, in addition to its other rights, and after sending a reminder and written notification, assert its right of retention with regard to all services not yet rendered until such time as all late payments have been settled. This means that Retterspitz GmbH & Co. KG may also suspend performance of purchase contracts until such time as previous deliveries or partial deliveries have been paid for. If the customer is in default of payment, Retterspitz GmbH & Co. KG shall be entitled to subsequently demand advance payments including in relation to contracts that have already been concluded.
Reservation of Title
Retterspitz GmbH & Co. KG shall reserve title to the goods until such time as they have been paid for in full, including any ancillary claims. Until then, the buyer may not pledge the goods or transfer ownership by way of security to third parties. The buyer may only resell the goods insofar as he thereby tacitly acknowledges without the need for any further special agreement in the individual case that his claims against the third party are assigned in the amount of the claim existing against him to Retterspitz GmbH & Co. KG by way of security
Products of Retterspitz GmbH & Co. KG may only be sold in their intact original packaging. The resale prices are non-binding unless otherwise determined
Right of Withdrawal and how to cancel
As a consumer, you have the right to cancel the contract within fourteen days without stating a reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods or, in the case of a contract for several goods that you have ordered as a single order and that are delivered separately, the last goods or, in the case of a contract for the delivery of goods in several partial consignments or pieces, the last partial consignment or the last piece. To exercise your right to cancel, you must contact
Retterspitz GmbH & Co. KG
Laufer Str. 17 – 19
Telefax: +49 911 50700-845
and provide a clear statement (e.g. letter sent by post, fax or e-mail) on your decision to cancel. You may use the cancellation template form but this is not mandatory. In order to comply with the cancellation period, it is sufficient that you send notification that you are exercising your right to cancel before the period expires.
Exclusion of right to cancel
The right to cancel does not apply to contracts
- for the delivery of goods that are not prefabricated and the manufacture of which requires an individual selection or specification by the consumer or that have been tailored to the consumer’s personal requirements
- contracts for the delivery of sealed goods that are not suitable for return due to health protection or hygiene reasons if the seal was broken after delivery.
Consequences of Cancellation
If you cancel this contract, Retterspitz GmbH & Co. KG will reimburse you all payments it has received from you, including the delivery costs (with the exception of additional costs resulting from you having chosen a type of delivery other than the cheapest standard delivery offered by Retterspitz GmbH & Co. KG) without undue delay and no later than fourteen days from the day on which Retterspitz GmbH & Co. KG receives notification of your cancellation.
The same means of payment that you used for the original transaction will be used for this reimbursement, unless expressly agreed otherwise with you; under no circumstances will you be charged fees for this reimbursement. Retterspitz GmbH & Co. KG may withhold repayment until it has received the goods back or until you have provided proof that you have returned the goods, whichever occurs first. You must return the goods immediately and in any case no later than fourteen days from the day on which you informed Retterspitz GmbH & Co. KG of your cancellation, sending them to Retterspitz GmbH & Co. KG, Laufer Str. 17–19, 90571 Schwaig, Germany.
The deadline shall be met if you send the goods before the expiry of the 14-day period. Items that can be sent as a package are to be returned at the risk and expense of Retterspitz GmbH & Co. KG. Please ensure that you pay sufficient postage and inform us of the return costs; we will reimburse you immediately. Goods that cannot be sent as a package will be collected from you at our expense after due instruction from you
End of Information on how to cancel
Place Of Jurisdiction And Performance; Applicable Law; Severability Clause
The sole place of jurisdiction is Nuremberg, Germany. For non-commercial persons, this agreement shall only apply in the absence of a domestic place of jurisdiction. The place of performance in the event that the customer concludes the contract in his capacity as an entrepreneur shall be the registered office of Retterspitz GmbH & Co. KG (Schwaig, Nuremberg). The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Should individual provisions of these terms and conditions prove to be invalid, this shall not affect the validity of the remaining provisions.
Online Dispute Resolution Pursuant To Art. 14 (1) Of The ODR Regulation
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve any disputes relating to an online order out of court. The dispute resolution platform is available here: https://ec.europa.eu/consumers/odr/
Our e-mail address for consumer complaints is: email@example.com
Dispute Resolution Procedure Under The German Consumer Dispute Resolution Act
Under the German Consumer Dispute Resolution Act, we are obliged to inform you of our willingness or obligation to participate in a dispute resolution procedure before a consumer arbitration board and of the competent consumer arbitration board. The responsible consumer arbitration board is the following: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de
Retterspitz GmbH & Co. KG is neither willing nor obliged to participate in a dispute resolution procedure before this consumer arbitration board.