Terms and Conditions

Company Details

1. General

1.1 By ticking the ‘Terms and Conditions’ tick box during the ordering process and thereby giving their consent to the General Terms and Conditions set out below – which the customer may view and save at any time – these terms and conditions become an integral part of the respective purchase agreement between Rumpf Handels GmbH (hereinafter referred to as the ‘Seller’) and the customer.

Any General Terms and Conditions of the purchaser or customer that conflict with or deviate from the provisions set out below shall not apply.

1.2 Any deviating agreements made by the purchaser or customer shall only form part of the contract if and to the extent that the Seller has agreed to them.

1.3 Customers within the meaning of these General Terms and Conditions may be consumers or business customers.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity

An entrepreneur is any natural or legal person or partnership which enters into the legal transaction in the course of its commercial or self-employed professional activity.

2. Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online shop are non-binding and subject to change; they do not constitute a binding offer, but are provided solely for the Customer’s information and as an invitation to submit a legally binding offer to purchase.

2.2 The customer may submit their offer to purchase in writing, by fax, by email or via the online order form integrated into the seller’s online shop.

When making an online purchase, the customer adds the desired item to their shopping basket by clicking the ‘Add to basket’ button. They can view the contents of the shopping basket by clicking on the shopping basket icon at the top of the page.

In this overview, the customer can remove individual items or all items from the shopping basket by clicking the ‘Remove’ button. Alternatively, the customer can cancel the ordering process by clicking the browser’s ‘Back’ button or closing the browser window. In neither case would an order have been placed.

Throughout the entire ordering process, right up to the final and binding confirmation of the offer (see below), the customer can cancel the order by closing the browser or going back through the steps as described above.

Once the selection has been made, the basket contents are correct and the customer wishes to proceed with their order, they click the ‘Proceed to Checkout’ button. The customer can now either log in as an existing customer or register. In the latter case, the customer clicks the ‘Continue’ button and then enters their address details (registration). By clicking the ‘Continue’ buttons further, the customer selects the delivery and payment methods. Finally, the customer is presented with an overview of the details entered and the key information relating to the order. Here, the customer can make any final changes by clicking on ‘Edit basket’ and applying the changes. At this stage, the customer still has the option to cancel the order process by closing the browser window or using the browser’s ‘Back’ button to return to previous steps.

If the customer agrees to the order, they click on the ‘Place order now’ button. By clicking this button, the customer submits a binding offer to conclude a contract of sale.

The seller will first send confirmation of receipt of the customer’s offer to purchase by electronic means (‘Order Confirmation’). In all cases, and irrespective of any previously sent confirmation of receipt, a contract of sale is only concluded upon receipt of a subsequent written ‘Order Confirmation’ from the seller. The seller may accept the customer’s binding offer within two weeks. The seller’s delivery of the ordered goods within this period shall be deemed equivalent to express acceptance by means of an order confirmation. The seller is entitled to refuse to accept the order – for example, following a credit check on the customer.

When ordering by fax, the customer submits a binding order upon sending their fax. This is accepted by the seller either by email or fax (order confirmation). A contract of sale is only concluded upon receipt of the order confirmation by the customer; delivery of the goods is deemed equivalent to acceptance.

When ordering by email, the customer submits a binding offer by sending the email to the seller. If accepted, the seller will respond to this offer in the same manner (order confirmation). A contract of sale is only concluded upon receipt of the order confirmation; acceptance is deemed to have taken place upon delivery of the goods.

Regardless of the method chosen by the customer to make their offer, the seller is entitled to accept it within two weeks of its receipt by the seller, either by declaration or by sending a response.

2.3 The text of the contract (consisting of the order details and the General Terms and Conditions, including the cancellation policy) will be sent to the customer with the order confirmation.

The customer must ensure that the email address provided for the purchase transaction is correct, so that emails sent by the seller can be received at this address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or its payment service providers for the purpose of processing the purchase can be delivered.

The latest version of the General Terms and Conditions is available on the Seller’s website at all times and can be accessed by the customer. Order details are not usually stored and cannot be accessed by the customer at a later date.

The customer must therefore ensure that order details are saved. Only if the customer logs in with their customer details before placing an order will they be able to view their order history via their customer account.

These terms and conditions may be printed using the browser’s print function or saved on the computer using the ‘Save Page’ function.

2.4 If the customer is a business, the seller reserves the right to ensure correct and timely supply from its own sources. The seller shall inform the customer, who is a business, without delay of the unavailability of the goods to be supplied and, in the event of withdrawal, shall refund the corresponding consideration to the customer without delay.

2.5 Subsequent changes to details may still be communicated to the seller by fax, email or telephone. However, such subsequent changes to the offer that has been sent have no effect on the validity of the offer or the customer’s obligation to accept it.

2.6 The seller may revoke automatically generated order confirmations within 48 hours in the event of obvious errors in pricing or product details.

2.7 All products are sold only in standard retail quantities. This applies both to the number of products ordered in a single order and to the placement of multiple orders for the same product, where each individual order comprises a quantity typical for a household.

2.8 The terms and conditions are available in German only.

3. Right of withdrawal

Right of withdrawal for consumers and model withdrawal form

The following right of withdrawal does not apply if the goods you have ordered are intended for use in your own commercial or self-employed professional activity.

Unless otherwise agreed between the parties, the right of withdrawal does not apply to the following contracts:

• Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs,

• Contracts for the supply of goods which are liable to deteriorate rapidly or whose expiry date would be quickly exceeded,

• Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been broken after delivery,

• Contracts for the supply of goods where, due to their nature, they have become inseparably mixed with other goods after delivery,

• Contracts for the supply of audio or video recordings or computer software in sealed packaging, where the seal has been broken after delivery,

• Contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts

Model withdrawal form

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

• To:
  
  Rumpf Handels
  GmbH, Textilstr. 19
  , 48465
  
  Schüttorf, Fax: +49 5923
  9023499, Email:
  
  
  retoure@sodanca.deHiermit 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 the consumer(s)

• Address of the consumer(s)

• Signature of the consumer(s) (only for paper notifications)

• Date

(*) Delete as appropriate.

4. Price and price components

4.1 All prices quoted are in EUR (€) and include statutory VAT at 19 per cent. The prices are final. No cash discounts or other reductions will be granted unless this is specifically stated in the relevant offer.

4.2 Costs for packaging, freight, postage and delivery at the time of ordering are not included in the price. These costs are set out in the relevant product descriptions.

4.3 The relevant payment options are communicated to the customer as part of the offer (product description). Only the payment methods specified in the relevant offers are accepted. These are, specifically: prepayment, PayPal, bank transfer or credit card.

4.4 Where advance payment has been agreed, the customer undertakes to pay the relevant purchase price, together with any applicable delivery costs, within 10 days of receiving the payment request. Upon expiry of this period, the customer shall be in default of payment without the need for a further payment request.

5. Retention of title

The goods delivered remain the property of the seller until full payment for them has been made.

6. Transfer of Risk, Delivery and Dispatch Terms

6.1 Unless otherwise agreed with the customer, the purchased goods will be dispatched to the delivery address provided by the customer. The customer may only collect the goods in person following prior arrangement and confirmation by the seller.

6.2 The purchased items will be dispatched by the seller within 2 working days of payment being received. The delivery time is 3–4 working days, unless the item description specifies otherwise.

6.3 In the case of business customers, the risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover; in the case of sale by delivery, the risk passes to the buyer upon handover of the goods to the contracted freight forwarder or logistics company.

6.4 If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass to the buyer until the goods have been handed over to the consumer or to a recipient designated by them. This also applies to sales by delivery.

7. Liability and Warranty

7.1 Liability and warranty are governed by the statutory provisions. In the event of a defect, the customer is entitled, in particular, to a claim for subsequent performance in accordance with Sections 437(1) and 439 of the German Civil Code (BGB), provided the statutory requirements are met. The buyer’s rights under Section 437(2) and (3) of the German Civil Code (BGB) remain unaffected by this.

7.2 In the case of business customers, the seller has the option of fulfilling the warranty by supplying a replacement or carrying out repairs. The buyer’s rights under Section 437(2) and (3) of the German Civil Code (BGB) remain unaffected by this.

8. Copyright

The copying or use of photographs, graphics and texts is permitted only with the seller’s written consent. In the event of copyright infringements, the seller shall take legal action to the full extent permitted by law.

9. Data Storage / Data Protection

In accordance with Section 28 of the Federal Data Protection Act (BDSG), the data required for the processing of the transaction is processed and stored using an IT system in accordance with Section 33 of the BDSG. The seller uses the data provided by the customer to fulfil and process the order. All personal data collected from the customer shall be treated confidentially. The necessary data shall only be disclosed to third parties (banks, hauliers and parcel services) for the purposes of order fulfilment (payment, dispatch). The customer expressly consents to the collection, processing and use of personal data.

Use of cookies

Cookies are used on various pages to make the website more user-friendly and to enable the use of certain functions. These are small text files that are stored on the customer’s computer. Most of the cookies used are deleted from the hard drive at the end of the browser session (so-called session cookies). Other cookies remain on the computer and enable the seller to recognise the computer the next time the customer visits the website (so-called persistent cookies). Partner companies are not permitted to collect, process or use personal data via the seller’s website by means of cookies.

This website uses Google Analytics, a web analytics service provided by Google Inc. (‘Google’). Google Analytics uses so-called ‘cookies’, which are text files temporarily stored on your computer and which enable an analysis of your use of the website. The information generated by the cookie regarding your use of the website (including your IP address) is transmitted to a Google server in the USA and stored there. Google will use this information to evaluate the use of the website, to compile reports on website activity for the website operators, and to provide other services relating to website and internet usage. Google may also transfer this information to third parties where required by law or where such third parties process the data on Google’s behalf. Google will under no circumstances associate your IP address with any other data held by Google. You can prevent the installation of cookies by adjusting your browser settings accordingly; however, in such cases, you may not be able to make full use of all the functions of this website. By using this website, the customer consents to the processing of data collected about them by Google in the manner described above and for the purpose stated above.

Data security

Personal data is transmitted over the internet in encrypted form using SSL encryption during the ordering process. The website and other systems are protected by technical and organisational measures against the loss, destruction, unauthorised access, alteration or disclosure of data by unauthorised persons.

Right of access

Under the Federal Data Protection Act, you have the right to obtain information free of charge regarding the data stored about you, as well as, where applicable, the right to have this data rectified, restricted or erased.

Contract text

The contract text is stored, and the order details and the Terms and Conditions are sent to the customer by email. The Terms and Conditions can be viewed on the website at any time. Customers who have registered can view their previous orders in the customer login area.

Further information on data protection is set out in the Privacy Policy.

10. Applicable Law, Choice of Law and Jurisdiction

10.1 The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods shall not apply. This choice of law shall not apply to consumers if it would deprive them of the protection afforded by mandatory provisions of the country in which the consumer has their habitual residence.

10.2 Where the customer is a trader or a legal person governed by public law, the exclusive place of jurisdiction for all disputes arising from contracts between the seller and the customer shall be the seller’s registered office.

11. Severability clause

Should individual provisions of this contract, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.