GENERAL TERMS AND CONDITIONS
1. Scope
The present General Terms and Conditions apply to all contracts between the R+M de Wit GmbH Company and consumers (§ 13 BGB (German Civil Code)) concluded via our Online Shop. A consumer is deemed to be any natural person concluding a legal transaction for a purpose which can neither be attributed to his/her commercial activity nor his/her work as a self-employed person.
2. Contracting Parties, After-Sales Service
The sales contract is concluded with the R+M de Wit GmbH Company. For further information, please refer to the Legal Notice. Regarding any questions, claims, and complaints, you can contact our after-sales service from Monday to Thursday from 8:00 a.m. to 17:00 p.m. and on Friday from 8:00 a.m. to 15:45 p.m. under the phone number +49 (0) 2051 94857 0.
3. Conclusion of Contracts
The presentation of products in the Online Shop does not present a legally binding quotation but an unbinding online catalogue. By clicking the order button ("Bestellung bestätigen/Confirm order"), you submit a binding purchase order for the goods included in the basket. The receipt of the order will be confirmed together with the order confirmation in an automated e-mail immediately after submission. With this e-mail confirmation the sales contract will be brought about.
4. Shipping Costs
Shipping costs are added to the indicated product prices. For more information on the amount of the shipping costs, please refer to "Versand/Shipping".
5. Payment
On account.
6. Set-off
You are only entitled to a set-off if your counterclaims have been recognised by declaratory judgment, have not been disputed, or have been recognised by us in writing.
7. Right of Retention
You can only enforce a right of retention if the claims result from the same contractual relationship.
8. Reservation of Title
Until payment in full we retain title to the goods.
9. Return of Goods
Return shipments of unused goods or goods to be complained about have to be notified in advance and are effected free domicile in general. To this end, please request our form for return of goods or download it here. Without the form for return of goods, we cannot process your return shipment. We do not accept any shipments which are not prepaid.
Information on the Right of Revocation
Right of Revocation
You can revoke your declaration of agreement within 14 days without stating any reasons in writing (e.g. letter, e-mail) or – if the goods are provided before expiry of the period – by returning the goods. The period begins upon receipt of this information in writing but not earlier than the receipt of the goods at the receiver's (in case of repeated delivery of equal goods not earlier than the first partial delivery) and not earlier than the fulfilment of our duty to furnish information according to Article 246 § 2 in connection with § 1 Section 1 and 2 EGBGB (German Introductory Law of the Civil Code) as well as our duties according to § 312e Section 1 Clause 1 BGB (German Civil Code) in connection with Article 246 § 3 EGBGB. The period of revocation is met if the revocation is or the goods are send in time. The revocation is to be addressed to:
R+M de Wit GmbH
Heidestraße 11
42549 Velbert
E-mail: info@rm-suttner.com
Consequences of the Revocation
In case of an effective revocation, both parties have to restore what has been received in performance of the contract and return any profit drawn (e.g. interest). If you cannot restore what has been received in performance of the contract in whole or in part or if you can restore it in a deteriorated condition, only, you have to compensate the any lost value. This does not apply to the provision of items if the deterioration of the item is exclusively attributable to the inspection of the latter – as it would have been possible in a shop. Moreover, you can avoid the duty to compensate the lost value suffered by using the item as intended by not using the item like your property and refraining from anything impairing its value. Items which can be dispatched as parcels are to be returned at our risk. You have to bear the costs for the return shipment if the delivered goods correspond to the ordered goods and if the price of the returned item does not exceed an amount of € 40 or if in case of a higher price of the item you have not yet given your consideration or have not yet made the contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items which cannot be dispatched as parcels will be collected. Obligations to refund payments shall be fulfilled within 30 days. For you the period shall start when you send your declaration of withdrawal or the item, for us upon receipt of the latter.
End of the Information on the Right of Revocation
10. Assumption of Costs when Exercising the Right of Revocation
You have to bear the regular costs for the return shipment if the delivered goods correspond to the ordered goods and if the price of the returned goods does not exceed an amount of € 40.00 or if in case of a higher price of the item you have not yet given your consideration or have not yet made the contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you.
11. Packaging Ordinance
According to the provisions of the Packaging Ordinance we are obliged to take back the packaging of our products not bearing the symbol of the general disposal systems (such as "Grüner Punkt" of Duales System Deutschland AG or the "RESY" symbol) and to provide for their reuse or disposal. Please contact us to further clarify the return of such products. Contact details: +49 (0) 2051-948570. We will then indicate a municipal collecting point or a waste management company in your proximity which will take the packaging free of charge. Should this be impossible, you can return the packaging to us. We will reuse the packaging or dispose of it according to the regulations of the Packaging Ordinance.
12. Battery Ordinance
Information on the return of batteries according to §12 German Battery Ordinance: In connection with the sale of batteries or accumulators or the delivery of devices including batteries or accumulators, we are obliged to inform you as follows according to the Battery Ordinance: Batteries must not be disposed of in the household waste. As an end user you are under a legal obligation to return used batteries. You can return used batteries free of charge in the shop or in close proximity (e.g. municipal collecting points or in retail markets). You can also return batteries to us by mail.
Return address:
R+M de Wit GmbH
Heidestraße 11
42549 Velbert
Batteries or accumulators containing harmful substances are provided with the symbol of a dustbin crossed out. Close to the dustbin symbol, the chemical designation of the harmful substance is given. Cd means cadmium, Pb means lead, and Hg means mercury.
13. Storage of Contract Wording
We store the contract wording and send the order data and our General Terms and Conditions to you by e-mail. You can also view and print our General Terms and Conditions on this website at any time. In our customer login area, you can view your former orders if you registered as a customer when ordering.
14. Contractual Language
The available contractual language is German.
No-Russia/Belarus Clause
(1) The Customer shall neither directly nor indirectly sell, (re-)export or otherwise deliver or transfer any goods purchased from R+M to any natural or legal person, organization, or institution (“POE”) in Russia and/or Belarus for use in Russia and/or Belarus. This only applies if the goods in question are subject to the scope of Art. 12g and/or are listed in the Annex to Regulation (EU) No. 833/2014, which contains goods the sale, supply, transfer, or export of which to POEs in Russia and/or Belarus or for use in Russia and/or Belarus is prohibited.
2. No. 1 shall apply accordingly insofar as the goods are mentioned in other EU lists of goods for which the same prohibitions are provided for in Regulation (EU) No. 833/2014 (in particular Annex I of Regulation (EU) 2021/821 and Annex I of Regulation (EU) No. 258/2012).
3. If goods purchased from R+M are resold by the customer to third parties or otherwise delivered to third parties, the customer shall bind these purchasers in writing and verifiably to also strictly comply with the obligations from the above No. 1 and 2 and to demand that the latter also bind their own customers. The customer shall make every effort and, at R+M’s request, furnish proof in the event of resale that the obligations from No. 1 and 2 are not avoided. To this end, the customer shall establish and maintain an appropriate monitoring system.
4. In any case of a negligent breach of the above-mentioned obligations under in No. 1, 2, or 3, which constitute material contractual obligations of the customer, R+M may terminate the contract with the customer with immediate effect. In such a case, R+M is entitled to claim a contractual penalty amounting to 5 % of the net purchase price from the customer. Moreover, the customer shall exempt R+M from all costs, fines and/or other damages resulting therefrom, including third-party claims. This contractual penalty does need not be reserved upon delivery; it shall be offset against any claims for damages which may arise.
5. The customer undertakes to inform R+M immediately in text or written form in the event of any suspicion of a breach of the obligations from No. 1 to 3 above. Irrespective of the above, the customer is obliged to provide R+M with information on compliance with the obligations from No. 1 to 3 free of charge within two weeks after request.
6. The provisions of other regulations restricting the movement of goods relating to Russia and/or Belarus remain unaffected; in particular, this applies to Regulation (EC) No. 765/2006.