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General Terms and Conditions of RHODIUS Schleifwerkzeuge GmbH & Co. KG for the online shop (AGB-E)

§ 1 General / Scope of application of the AGB-E
§ 2 Offer / Conclusion of contract / Conclusion of the contract
§ 3 Cancellation policy
§ 4 Prices and shipping costs / packaging and shipping
§ 5 Payment / Terms of payment / Repayment
§ 6 Delivery / Retention of title / Obstacles to performance / Partial delivery
§ 7 Scope of delivery
§ 8 Compensation for damages
§ 9 Notice of defects / Warranty / Liability
§ 10 Online dispute resolution
§ 11 Final provisions

§ 1 General / Scope of application of the AGB-E

§ 1.1 The deliveries, services and offers of RHODIUS Schleifwerkzeuge GmbH & Co. KG (hereinafter also referred to as "RHODIUS") shall be based exclusively on these terms and conditions. These shall also apply to all future business relationships, even if they are not expressly agreed upon again. These terms and conditions shall be deemed accepted at the latest upon receipt of the goods or service.

§ 1.2 RHODIUS does not recognise conditions of the customer that contradict or deviate from these terms and conditions of business, unless their validity is expressly confirmed by RHODIUS in text form. The terms and conditions of RHODIUS and the rejection of deviating or opposing terms and conditions shall also apply if RHODIUS carries out deliveries or services to the customer without reservation in the knowledge that the customer has opposing or deviating terms and conditions.

§ 1.3 These general terms and conditions (hereinafter "GTC-E") apply in particular to all orders in the RHODIUS online shop https://products.rhodius-abrasives.com.

§ 1.4 The contractual partner for orders, also in the online shop, is the:

RHODIUS Schleifwerkzeuge GmbH & Co. KG
Brohltalstr. 2 
56659 Burgbrohl

T.: +49 2636 920-400 
F.: +49 2636 920-124 
E-Mail: service[at]rhodius.de
Web: https://www.rhodius-abrasives.com

Register court, register number
Local court Koblenz, HRA 11941

General Partner

The RHODIUS Schleifwerkzeuge GmbH & Co. KG is represented by the general partner: RHODIUS Schleifwerkzeuge Verwaltungsgesellschaft mbH, Burgbrohl, registration court: Koblenz district court, registration number: HRB 11612, which in turn is represented by the managing director Klaus Michael Rudolph and the managing partner Bernd Lichter.

Sales tax identification number of the GmbH & Co. KG according to § 27a UStG

DE147924244

§ 1.5 All deliveries and services are provided exclusively on the basis of these GTC-E in the version valid at the time of the order.

§ 1.6 The delivery area includes the Federal Republic of Germany and all other countries of the European Union.

§ 2 Offer / Conclusion of contract / Conclusion of the contract

§ 2.1 Offers from RHODIUS are subject to change without notice, unless expressly stated otherwise in them. RHODIUS can accept offers of the customer within a period of two weeks after their submission. Declarations of acceptance, orders and order confirmations must be in text form. The declaration of acceptance or confirmation of order is also deemed to be the order confirmation by e-mail, the delivery note or the goods invoice in the case of order execution by RHODIUS within the acceptance period.

§ 2.2 Drawings, illustrations, dimensions and weights are only binding if this is expressly agreed in text form.

§ 2.3 The technical properties of the delivery items are determined by the product information issued by RHODIUS and additionally by the technical standards DIN EN 12413:2011-05, DIN EN 13236:2011-02 and DIN EN 13743:2009-10. The version valid at the time of conclusion of the contract is decisive in each case. RHODIUS provides the product information to the customer free of charge on request. An assurance or guarantee of the aforementioned product characteristics requires the text form. Properties of the delivery items that go beyond the aforementioned product properties are only considered as agreed if this is confirmed separately by RHODIUS in text form.

§ 2.4 In the case of custom-made products RHODIUS is entitled to exceed or fall short of the delivery quantities agreed in the contract by 10%.

§ 2.5 The presentation of the assortment of goods on the RHODIUS website does not represent a legal offer for sale.

§ 2.6 By sending the order by confirming the button "order subject to charge" the customer submits a binding offer to RHODIUS to conclude a sales contract for the ordered goods. The contract is concluded when RHODIUS accepts the order - made by the order confirmation regarding the virtual shopping basket contents - by means of an order confirmation. The sales contract for the ordered goods is only concluded with the order confirmation, which is sent to the customer by e-mail from the online shop on a system basis.

§ 2.7 The acceptance of an order is subject to the condition that the Customer has filled out the order form completely and correctly and has already reached the age of 18.

§ 2.8 Orders are only accepted in quantities that are customary for households.

§ 2.9 The order and the order data entered by the Customer are stored in the Customer's personal customer account. The Customer can access his customer account at any time using the login data which the Customer himself determines during initial registration.

§ 2.10 Insofar as the customer has made a purchase of goods and services from RHODIUS, RHODIUS is entitled to send the customer information about its own similar goods and services via the e-mail address sent during the purchase (§ 7 Para. 3 UWG). The customer can object to this use of the e-mail address at any time in total or for individual measures, e.g. by e-mail, fax, letter, without incurring any costs other than the transmission costs according to the basic tariffs.

The customer's contact data will not be passed on to third parties for advertising purposes.

§ 3 Cancellation policy

In the event that the customer is a consumer within the meaning of § 13 BGB (German Civil Code), i.e. makes the purchase for purposes that can predominantly be attributed neither to the customer's commercial nor self-employed professional activity, the customer has a right of revocation in accordance with the following provisions, unless it is a contract for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer:

§ 3.1 The customer has the right to revoke the respective purchase contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which the Customer or a third party designated by the Customer, who is not a carrier, has taken possession of the goods. In order to exercise the right of withdrawal, the customer must contact RHODIUS using the following contact details

Company:

Address:

E-Mail:

Fax:

inform us by a clear statement (e.g. a letter, fax or e-mail sent by post) of his decision to withdraw from this contract.

The Customer may use the attached sample revocation form for this purpose, but this is not mandatory.

In order to comply with the revocation period, it is sufficient for the customer to send the notification of the exercise of the right of revocation before the end of the revocation period.

§ 3.2 In the event of revocation by the customer RHODIUS must reimburse the customer all payments that RHODIUS has received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the buyer has chosen a different type of delivery than the cheapest standard delivery offered by RHODIUS) immediately and at the latest within fourteen days from the day on which the notification of revocation of the contract was received by RHODIUS. For this repayment RHODIUS will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise between the parties. RHODIUS will not charge the customer for this repayment.

§ 3.3 RHODIUS may refuse the repayment until RHODIUS has received the goods back or until the customer has provided proof that he has returned the goods, whichever occurs earlier.

§ 3.4 The customer must return or hand over the goods to RHODIUS immediately and in any case within fourteen days at the latest from the day on which the customer has informed RHODIUS of the cancellation of this contract. The deadline is deemed to have been met if the customer sends the goods before the expiry of the period of fourteen days.

§ 3.5 The customer shall bear the direct costs of the return of the goods. The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

§ 3.6 Sample cancellation form

RHODIUS recommends the customer without obligation to use the following suggested wording for a revocation and to send it to RHODIUS:

„To company:

address:

E-Mail:

Fax:

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in the case of communication on paper)

date".

(*) Delete as appropriate.

End of the cancellation policy

§ 3.7 The above right of revocation according to § 3 AGB-E does not apply to contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer.

§ 4 Prices and shipping costs / packaging and shipping

§ 4.1 All prices listed on the website are final prices in Euro, which are valid when ordering via the Internet and include the value added tax valid at the time of ordering.

§4.2 A flat-rate delivery charge of 6.90 euros for packages that can be shipped within the Federal Republic of Germany is levied per order. For delivery to other countries of the European Union, a flat-rate foreign shipping charge of 17.80 euros is levied.

§ 4.3 The place of performance for obligations concerning RHODIUS and the place of transfer of risk is the registered office of RHODIUS, unless otherwise agreed. Insofar as RHODIUS delivers or dispatches, the delivery is made at the risk and expense of the customer. RHODIUS is entitled, but not obliged, to insure deliveries in the interest and at the expense of the customer.

§ 5 Payment / Terms of payment / Repayment

§ 5.1 Prices are quoted to consumers including the statutory value added tax, to customers who are not consumers, plus the statutory value added tax applicable at the time. If the contractual partners do not agree on individual prices, the RHODIUS price lists valid at the time of the order shall apply.

§ 5.2 Payment of the purchase price for the ordered goods in the online shop can be made by PayPal, credit card (MasterCard SecureCode, Verify by Visa) or Klarna Pay now (SEPA direct debit, subscription direct debit or immediate bank transfer).

§ 5.3 Outside Germany, payment is only possible by credit card and PayPal.

§ 5.4 If customers make legitimate use of their right of revocation, RHOIDUS requires the customer's bank details in the case of the payment method "immediate bank transfer".

§ 6 Delivery / Retention of title / Obstacles to performance / Partial delivery

§ 6.1 Delivery and execution periods are approximate and non-binding. Agreements on binding delivery dates must be in text form and must expressly designate them as binding.

§ 6.2 The fulfilment of agreed deadlines for deliveries presupposes the timely receipt of all documents to be supplied by the Customer (e.g. labels, packaging), necessary permits, information and releases as well as the Customer's compliance with the agreed terms of payment. If these prerequisites are not fulfilled on time, the deadlines are extended appropriately; this does not apply if RHODIUS is responsible for the delay.

§ 6.3 Delays in delivery and performance due to force majeure and due to events which make delivery or performance of the service considerably more difficult or impossible for RHODIUS through no fault of its own - this also includes subsequently occurring material procurement difficulties, operational disruptions, strikes, lock-outs, lack of personnel, lack of means of transport, official orders, mobilisation, war, riots, etc. - RHODIUS shall not be responsible even if they occur with pre-suppliers, their sub-suppliers or subcontractors, even in the case of bindingly agreed periods and dates. They entitle RHODIUS to postpone the delivery or service by the duration of the hindrance plus an appropriate start-up time or to withdraw from the contract in whole or in part due to the part not yet fulfilled. This also applies if they arise during a delay that has already occurred. RHODIUS must inform the customer of such obstacles immediately. If the hindrance lasts longer than three months, the customer is entitled, after setting a reasonable grace period in text form and excluding all other rights, to withdraw from the contract with regard to the part not yet fulfilled.

§ 6.4 A delay on the part of RHODIUS shall only occur as a result of a reminder if this is made in text form. A deadline for subsequent performance must be reasonable. In case of doubt, a period of at least two weeks shall be deemed reasonable. The setting of a deadline requires the text form.

§ 6.5 Partial deliveries and their separate invoicing are permissible and cannot be rejected by the customer if the remainder is still being delivered or the partial delivery is not without interest for the customer.

§ 6.6 Delivery shall take place as soon as the goods have been paid for in full. The delivery time is approx. 2-3 working days, unless clearly stated otherwise in the product description or not in stock at the time of ordering.

§ 6.7 The obligation to deliver is not applicable if RHODIUS itself is not supplied correctly and on time and is not responsible for the lack of availability. If the goods are not available RHODIUS will inform the customer immediately and any advance payment will be refunded immediately. A purchase price already paid will be refunded to the customer immediately.

§ 6.8 The ownership of the delivered goods from the online shop remains with RHODIUS until the purchase price has been paid in full and all claims against the customer to which RHODIUS is entitled from the business relationship have been fully satisfied. The customer is not entitled to consume, pledge, assign as security, process or transform the goods subject to retention of title before the transfer of ownership.

§ 6.9 Any treatment or processing of the goods subject to retention of title is carried out for RHODIUS without obliging RHODIUS.

§ 6.10 The customer is only entitled and authorised to sell, combine or mix the goods subject to retention of title in the usual, proper course of business and under the condition that the claims described below are actually transferred to RHODIUS and ownership is only transferred to the customer's contractual partner when the customer has completely fulfilled its payment obligations. The customer is not entitled to otherwise dispose of the goods subject to retention of title, in particular pledging or assignment as security.

§ 6.11 The customer hereby assigns to RHODIUS all claims arising from the sale of the goods subject to retention of title or the combination or mixing of the goods subject to retention of title with other objects (including all balance claims from current accounts) in the amount of the value of the goods subject to retention of title with all ancillary rights and with priority over the rest. RHODIUS accepts this assignment. The value of the goods subject to retention of title is agreed to be the amount invoiced by RHODIUS plus a security surcharge of 10%, which, however, shall not be taken into account if it is opposed by the rights of third parties.

§ 6.12 RHODIUS revocably authorises the customer to collect the claims assigned to RHODIUS for the account of RHODIUS in his own name as long as he fulfils his obligations to RHODIUS, does not default in payment and no application for the opening of insolvency or composition proceedings has been made. At their request the customer shall name to RHODIUS the debtors of the claims assigned to RHODIUS, notify them of the assignment, provide all information required for collection regarding the assigned claims and hand over the documents required for collection. RHODIUS is also authorised to notify the debtors of the assignment.

§ 6.13 In case of default of payment by the customer, RHODIUS is entitled to demand the return of the goods if RHODIUS has unsuccessfully set a reasonable deadline for fulfilment. The taking back or seizure of the goods subject to retention of title by RHODIUS does not constitute a withdrawal from the contract. After taking back the goods RHODIUS is entitled to the best possible utilisation. The proceeds of the realisation shall be credited to the liability of the customer - less reasonable realisation costs. In this case the customer's claim to performance shall expire.

§ 6.14 If and insofar as the securities existing in favour of RHODIUS exceed the claims to be secured by more than 20%, RHODIUS shall release a corresponding part of the security rights at the request of the customer.

§ 6.15 In the event of access by third parties to the goods subject to retention of title or other security rights, the customer is obliged to point out the rights of RHODIUS and to inform RHODIUS immediately of the access.

§ 7 Scope of delivery

§ 7.1 The scope of delivery is determined by the contractual declarations made in text form.

§ 7.2 We reserve the right to make technical changes during the delivery period which are due to improvements in technology or to requirements of the legislator, provided that the delivery item is not significantly changed and the changes are reasonable for the customer.

§ 8 Compensation for damages due to non-performance

Insofar as the customer has to pay damages due to non-fulfilment, RHODIUS is entitled to a flat rate of 15% of the agreed net remuneration. The customer is permitted to prove that damage did not occur at all or that the damage was significantly lower than the flat rate. RHODIUS is entitled to assert a demonstrably higher damage.

§ 9 Warranty / Liability

§ 9.1 The warranty is based on the statutory provisions. RHODIUS is not liable for damages that have not occurred to the goods themselves and also not for other financial losses.

This limitation of liability does not apply: in the case of intent or gross negligence on the part of RHODIUS or the vicarious agents of RHODIUS, in the case of personal injury, in the case of damage caused by the absence of a quality which RHODIUS has guaranteed, in the case of claims according to the product liability law.

§ 9.2 With the RHODIUS private label configurator the customer can technically and creatively design his own assortments. The customer is solely responsible for the content of the submitted documents (e.g. image files, texts). Before placing an order, the customer must check whether third party rights (in particular trademark, design, name, copyright and other property rights) or legal regulations may conflict with this. If this is the case, the customer must refrain from placing the order. RHODIUS, on the other hand, is not obliged to check the documents provided by the customer for their correctness or possible collision with the rights of third parties. In cases of doubt the customer must clearly point out to RHODIUS the existing doubts. If no such clear reference is made, RHODIUS assumes that a corresponding check has been made by the customer and that the use of the transmitted data and entries for the purpose of executing the order does not violate the rights of third parties or the law. The customer alone is liable if the rights of third parties or legal regulations are violated by the execution of his order. In this regard the customer comprehensively indemnifies RHODIUS from all possible claims of third parties. This also applies to the costs of legal representation required in this connection. Any legal costs RHODIUS may incur in this connection are to be advanced by the customer appropriately. The sole liability of the customer shall only lapse if the customer has clearly pointed out his doubts prior to his order. In this case the law shall apply.

The use of illegal, immoral or otherwise inadmissible or offensive contents is not permitted. Furthermore, RHODIUS reserves the right to cancel orders of illegal templates or images.

§ 9.3 The statutory provisions, in particular §§ 377, 378 HGB (German Commercial Code) shall apply to notices of defects by entrepreneurs. Otherwise, obvious defects are to be reported immediately.

§ 9.4 Warranties of characteristics of the goods or services require text form. Information in advertising material is non-binding and does not constitute a warranty.

§ 9.5 Deviations in the quality of the goods do not constitute defects in the goods insofar as they do not significantly impair the use of the delivery item for the contractually stipulated purpose when used or processed properly. RHODIUS does not guarantee that deliveries are completely uniform in colour and form or correspond to samples or specimens.

§ 9.6 Insofar as a properly submitted notification of defects is justified, RHODIUS is entitled to make a replacement delivery at its discretion in the case of entrepreneurs. RHODIUS does not have the right to make a replacement delivery at the time of purchase if and insofar as the customer asserts recourse claims according to § 479 Para. 1 or Para. 2 BGB. If the replacement delivery fails, the customer is entitled to choose to withdraw from the contract or to demand the corresponding reduction of the agreed price (abatement) or, if the legal requirements for this are fulfilled, to demand compensation for damages.

§ 9.7 If the customer is an entrepreneur, the warranty period for the purchase of new goods is one year from delivery, unless the law provides for a longer period in accordance with §§ 438 para. 1 no. 2 BGB (buildings or goods for buildings) or 479 para. 1 or para. 2 BGB (right of recourse). Warranty rights for the purchase of used goods are excluded if the customer is an entrepreneur.

§ 9.8 If a notice of defect proves to be unjustified, the customer is obliged to reimburse RHODIUS for all expenses that RHODIUS may consider necessary for the purpose of processing and checking the notice of defect.

§ 9.9 Claims of the customer due to expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded insofar as they arise or increase because the object of the delivery has been taken to a place other than the place of transfer, unless the transfer corresponds to the contractually presumed use.

§ 9.10 The customer has no recourse claims against RHODIUS, insofar as they are based on the fact that the customer has made agreements with his buyer that go beyond the legal warranty regulations.

§ 9.11 RHODIUS is only liable for damages if RHODIUS or one of its vicarious agents has violated a contractual obligation essential to the contract or if the damage is due to gross negligence or intent on the part of RHODIUS or one of its vicarious agents. An essential contractual obligation is an obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partners may regularly rely.

§ 9.12 If the culpable violation of a contractual obligation essential to the contract is not due to gross negligence or intent, the liability of RHODIUS is limited to the damage that was reasonably foreseeable for it at the time of conclusion of the contract.

§ 9.13 The above liability regulations apply to contractual as well as non-contractual claims. Liability due to mandatory legal regulations, warranted characteristics, from assumed guarantees as well as for damages from injury to life, body or health shall remain unaffected.

§ 10 Online dispute resolution

In implementation of the EU regulation 524/2013, an internet platform for consumer arbitration has been available since 15.02.2016. The European Commission provides this platform for out-of-court online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr. Our e-mail address can be found in our imprint.

We participate voluntarily in the dispute resolution procedure. A list with the contact details of the recognised dispute resolution bodies can be found at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show 

To clarify any open questions, you can also contact us at the e-mail address service[at]rhodius.de.

§ 11 Final provisions

§ 11.1 The contractual relations between the customer and RHODIUS are subject to the law of the Federal Republic of Germany. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law. The application of UN purchase law is excluded.

§ 11.2 Should one or more provisions of these GTC-E be or become invalid, the validity of the remaining provisions shall remain unaffected. Insofar as the provisions are invalid, the content of the respective purchase contract shall be governed by the statutory provisions.

Status: 02.03.2020

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