General terms and conditions
All supplies and deliveries of Rumpf.net shall be governed by the General Terms and Conditions set forth below. Conflicting conditions of buyers shall only apply if they have been expressly agreed to in writing.
Our customers may be both end consumers or entrepreneurs. A consumer is a natural person concluding a legal transaction for a purpose that cannot be regarded as a professional or self-employed activity. En entrepreneur is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
Information regarding withdrawal
The following right of withdrawal does not apply if the goods you ordered are used for your own commercial or professional activities.
Right of withdrawal
Right of withdrawal for consumers and model withdrawal form
The following right of withdrawal does not apply if the goods you ordered are used for your own commercial or professional activities.
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (Rumpf Handels GmbH, Textilstr. 19, 48465 Schüttorf, Germany, Tel.: +49 5923 902340, Fax: +49 5923 9023499, Email: shop@rumpf.net) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of instructions on withdrawal
The right to cancel does not apply to the following kind of contracts:
-
Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized,
-
Contracts for the supply of goods which are liable to deteriorate or expire rapidly,
-
Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery,
-
Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items,
-
Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery,
-
Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
-
To:
Rumpf Handels GmbH
Textilstr. 19
48465 Schüttorf
Germany
Fax: +49 5923 9023499
Email: shop@rumpf.net
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), -
Ordered on (*)/received on (*),
-
Name of consumer(s),
-
Address of consumer(s),
-
Signature of consumer(s) (only if this form is notified on paper),
-
Date
(*) Delete as appropriate.
Conclusion of a contract
The presentation of the merchandise in the Online Shop does not represent a legally binding offer, but is merely a non-legally binding online catalogue so that the customers can declare in a legally binding manner their wish to acquire the merchandise ordered.
By clicking the button "submit order " the customer declares in a legally binding manner their wish to acquire the merchandise ordered.
Rumpf Handels GmbH reserves the right to accept this offer within 10 calendar days by sending a confirmation of the order by e-mail. The conclsuion of the contract will be subject to Rumpf Handels GmbH being able to supply the merchandise. If the customer is a consumer this condition only applies in the case where Rumpf Handels GmbH has concluded supply agreements with its suppliers and does not get supplied by them. ///Delivery of the merchandise by Rumpf Handels GmbH within the acceptance period has the same effect as an acceptance or confirmation of the order. Rumpf Handels GmbH reserves the right to reject acceptance of customers orders, e.g. on grounds of examining the financial standing of a customer. If the order has not been accepted within 10 days, shall be deemed to have been rejected.
Prices
Prices are inclusive of VAT at the rate appropriate to Germany (at present, 19%) which is shown separately in every invoice.
For Shipping within Germany we charge only 4,80 € for each Order (from a shopping basket value bigger then 49,99 € within Germany the shipping will be free). Orders are usually shipped by parcel post.
Shipping within the EU is € 9.50, and for countries outside the EU € 15.00 Euro (plus any import duties and taxes which may arise).
The valid price for the invoice is the price specified at the time of placing the order.
When Rumpf Handels GmbH updates the web page content all previous prices and product descriptions become void.
Delivery
All deliveries are sent to the address specified by the customer.
Articles
available from stock are usually shipped within 24 hours. Articles
which are not available from stock will be delivered as soon as
possible.
Accepted methods of payment
We accept he following methods of payment:
We offer the following payment options:
Credit card: Delivery upon receipt of order.
PayPal: Delivery upon receipt of Paypal payment confirmation.
Advance payment: Delivery upon receipt of payment.
Refusal to accept COD deliveries and contractual penalty
A refusal to accept COD deliveries does not constitute withdrawal in accordance with the Distance Selling Act. In case of refused acceptance of a COD delivery a service charge of€ 15.00 will be applied. The customer is entitled to prove lesser damage.
Title
Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
Liability
Customers claims in case of faulty items are ruled by the current statutory provisions for consumers and entrepreneurs and the following special conditions for entrepreneurs:
The entrepreneur is obliged to immediately check the goods for defects or hidden defects upon receipt thereof and to immediately inform Rumpf Handels GmbH thereof. If he entrepreneur fails to do so, no claims for defects can be made against Rumpf Handels GmbH. Rumpf Handels GmbH may choose in which way to provide subsequent fulfillment. Prescription does not apply if a replacement delivery is provided in case of liability for faulty items.
Costs of revocation
You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of € 40.00 or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. Items which cannot be sent by parcel will be picked up at your location.
Risk
The Products will be at your risk from the time of delivery.
If
the Customer is an entrepreneur (§ 14; German Civil Code), the risk of
accidental loss and deterioration of the goods passes when the items are
delivered to a suitable shipping person at the Seller’s business
office.
Obvious transportation damages will be identified to the delivering shipper when the goods are delivered. Acceptance of damaged goods must be refused. The entrepreneur shall promptly inform the Seller of the transportation damages via e-mail or regular mail. Failing to do so will not affect the consumer´s statutory rights.
Liability
Rumpf Handels GmbH shall only be liable for damages resulting from personal injuries or injuries to health and for damages in the case of malice aforethought, gross negligence, malicious intent or the breach of guarantees or other legal requirements, such as the German Product Liability Act.
Rumpf Handels GmbH is only liable for damages to life, body or health when these are caused by culpable breach of substantial contract obligations of the seller or his accessory or in the case of gross negligence or intent without prejudice to the provisions of the German Product Liability Act.
All articles are
subject to change and color variations due to technical reasons. Despite
our best efforts, we can not guarantee the uninterrupted and permanent
availability of our online shop.
For simple negligence, the Seller is
liable only for breaches of fundamental contractual duties and only for
compensation of typical foreseeable damages.
We do not guarantee constant availability of the www.rumpf.net website and accept no liability for down time or access failure due to circumstances beyond its reasonable control (including any failure by ISP or system provider).
Privacy statement
During registration, users are required to provide truthful and complete information.
If a user fails to provide truthful information or intentionally provides false information, the Seller may withdraw from the contract if a contract has been concluded.
The withdrawal from the contract must be in writing and may be sent by e-mail. After entering his e-mail address and password the user can view the order history, place new orders without entering personal data and extend or withdraw agreements to use personal data for data processing purposes. The user is required to store his password in a safe place in order not to loose it and not to disclose it to third parties.
If a user loses a password, he is required to immediately generate a new password or inform the Seller thereof i.e. by e-mail. In this case, the Seller will block the password protected area on receipt of this notification. The blocked access by can only be restored by sending a written application to the Seller.
If a third party has gained access to an e-mail address or password of a user due to the user´s negligent behaviour, the user will be held fully responsible for all orders placed using this e-mail address and password until receipt of the notification of lost password or generation of a new password.
Place of jurisdiction
As long as the customer is a business enterprise, the place of business of the Seller shall be the place of jurisdiction. This also applies if the customer has no legal domicile in Germany or the EU.p
Applicable law
Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by German law. The UN Convention on the International Sale of Goods does not apply.
Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. This only applies if the customer is a businessman.