Terms of service

General Terms and Conditions (GTC) of Rhönkonzept GmbH (Online Shop Bautri)

§ 1 Scope and Definitions

(1) These General Terms and Conditions (GTC) apply to all orders placed by consumers or entrepreneurs via the online shop www.bautri.de operated by

Rhönkonzept GmbH
Schulstraße 2b
36124 Eichenzell, Germany

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in exercise of their trade, business, or profession (§ 14 BGB).

(3) Deviating, conflicting, or supplementary terms of the customer shall not become part of the contract unless their validity is expressly agreed to.

§ 2 Conclusion of Contract

(1) The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to submit an order.

(2) By submitting the order, the customer makes a binding offer. The contract is concluded when we accept the order by sending an order confirmation by e-mail or by dispatching the goods.

§ 3 Prices, Payment, Retention of Title

(1) All prices are in euros, including applicable statutory VAT, plus any shipping costs.

(2) Payment is made via the payment methods offered during the ordering process.

(3) The delivered goods remain our property until full payment has been made (simple retention of title).

(4) For entrepreneurs, the following additionally applies: The retention of title extends to all claims arising from the ongoing business relationship (extended and prolonged retention of title). The entrepreneur may resell the goods in the ordinary course of business; claims arising from such resale are hereby assigned to us in the amount of the invoice value.

§ 4 Set-off and Right of Retention

(1) The consumer’s right of set-off or retention is governed by statutory provisions and remains unaffected.

(2) Entrepreneurs may only set off claims that are undisputed or legally established. A right of retention may only be exercised if the counterclaim arises from the same contractual relationship.

§ 5 Delivery and Transfer of Risk

(1) Delivery dates are non-binding unless a delivery date has been expressly agreed as binding.

(2) For consumers, the risk of accidental loss or deterioration of the goods passes to the customer upon delivery. For entrepreneurs, the risk passes to the transport company upon handover.

(3) Damage due to improper assembly by the customer shall not be borne by us, provided the assembly instructions were correct.

§ 6 Warranty (Liability for Defects)

(1) For consumers:

The statutory warranty period for new goods is 24 months.
The warranty period for used goods is 12 months.
The choice of remedy (repair or replacement) is at our discretion.

(2) For entrepreneurs:

The warranty period for new goods is 12 months.
The warranty for used goods is excluded.
Entrepreneurs must inspect goods immediately and report obvious defects in writing within 7 days. Failure to comply means the goods are deemed approved (§ 377 HGB).
The type of remedy (repair or replacement) is at our discretion.
Statutory recourse rights (§§ 445a, 478 BGB) remain unaffected.

§ 7 Liability

(1) We are fully liable for damages resulting from injury to life, body, or health, as well as under the Product Liability Act.

(2) For other damages, we are only liable if they are based on intentional or grossly negligent breaches of duty.

(3) In the event of slightly negligent breaches of essential contractual obligations (cardinal obligations), liability is limited to foreseeable, contract-typical damages.

(4) Otherwise, liability is excluded.

§ 8 Right of Withdrawal for Consumers

Consumers have a statutory right of withdrawal. Entrepreneurs are not granted this right.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal 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 multiple goods ordered in one order and delivered separately, on which you or a third party named by you took possession of the last good, or
in the case of delivery of a good in several partial shipments or pieces, on which you or a third party named by you took possession of the last partial shipment or piece.

To exercise your right of withdrawal, you must inform us:

Rhönkonzept GmbH
Schulstraße 2b
36124 Eichenzell, Germany
Tel.: +49 179 4604915
E-Mail: info@rhoenkonzept.de

by means of a clear declaration (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete and return this form.)

To:
Rhönkonzept GmbH
Schulstraße 2b
36124 Eichenzell, Germany
E-Mail: info@rhoenkonzept.de

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / 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 applicable.

§ 9 Final Provisions

(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the customer is a consumer, mandatory protective provisions of the law of the state in which the consumer has their habitual residence remain unaffected.

(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships is our place of business.