General information and scope of application
The following General Terms and Conditions apply to all contracts concluded between Revotion GmbH, Hüttenstraße 4, 40215 Düsseldorf, Germany, telephone: +49 211 87978680, e-mail: support@revotion.de, (hereinafter referred to as "Seller") and the Buyer for the delivery of goods by way of distance selling via www.shop.revotion.de. The Seller does not recognise and hereby expressly rejects any terms and conditions of the Buyer that conflict with or deviate from these General Terms and Conditions. Deviating terms and conditions of the buyer, supplementary agreements and/or ancillary agreements are only valid if the seller expressly agrees to them, at least in text form. The statutory provisions on the precedence of individual agreements remain unaffected by this.
These General Terms and Conditions contain different provisions for consumers and entrepreneurs.
According to Section 13 of the German Civil Code ("BGB"), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.
Pursuant to Section 14 of the German Civil Code, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership that has the ability to acquire rights and enter into obligations.
Offer and conclusion of contract
2.1 The Seller's offers at www.shop.revotion.de are non-binding catalogue offers. The buyer can place one or more goods in the virtual shopping basket. From there, by clicking on the shopping basket symbol and then on the "Check out" button, the buyer can proceed to the checkout process. After entering the personal details required for the order and the other details required to complete the order and, if applicable, payment, the buyer submits a binding offer to purchase the respective goods by clicking on the "Order with obligation to pay" field as the final step in the order process. The buyer has the opportunity to check and, if necessary, change his entries again before finally clicking on the "Order with obligation to pay" field. To do this, he can click on the respective previous order step to go to the corresponding page of the order processing and change the respective details there.
2.2 Once the buyer has completed the order process, the seller shall immediately confirm receipt of the order by e-mail. This confirmation of receipt does not constitute a binding acceptance of the order. The purchase contract is concluded with the order confirmation or delivery of the goods by the seller. The order confirmation will be sent to the buyer by e-mail. If the buyer receives neither an order confirmation nor a delivery within three (3) days, he is no longer bound by his order.
Prices
The prices quoted by the seller to consumers include the applicable statutory VAT.
Dispatch and delivery
4.1 The buyer can find the delivery time in the information under "Shipping & Delivery".
4.2 The Seller is entitled to make partial deliveries insofar as this is reasonable for the Buyer. In the case of consumers, this only applies if the Buyer's interest in the entire contract has not lapsed as a result of the partial delay or partial delivery. The burden of proof for this as well as for the reasonableness lies with the seller in the event of a dispute. In the case of partial deliveries, additional shipping costs shall only be incurred if this has been expressly agreed. Only the delivery of an order in several partial consignments/pieces shall be deemed to be a partial delivery within the meaning of these terms and conditions. The Seller is not authorised to make other partial deliveries without prior express agreement with the Buyer.
4.3 If the Buyer is a consumer, the Seller shall bear the shipping risk in any case, regardless of the shipping method, unless the Buyer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment without the Seller having previously named this person or institution to him.
4.4 If the Buyer is an entrepreneur, all risks and dangers of the shipment shall pass to the Buyer as soon as the goods have been handed over by the Seller to the commissioned logistics partner.
- Terms of payment
5.1 Various payment methods are available to the buyer, which are listed under the link "Payment methods".
5.2 For the payment methods offered, payment is due immediately upon conclusion of the contract. In the case of payment by credit card, the buyer's credit card account is debited upon completion of the order.
5.3 In the event of unauthorised recall, so-called charge back, of credit card payments, the seller shall charge the bank fees incurred in each case as well as €2.50 for each reminder.
5.4 In the event of default of payment by the Buyer, the statutory provisions on default shall apply. The interest rate for a consumer is 5% points above the base interest rate per annum in accordance with § 288 BGB and 9% points above the base interest rate per annum for an entrepreneur.
5.5 The Buyer shall only be entitled to set-off rights, insofar as these are not counterclaims arising from the same contractual relationship, if his counterclaims have been legally established, are undisputed or have been recognised by the Seller.
5.6 If the Buyer is an entrepreneur, he shall not be entitled to rights of retention, unless they are counterclaims arising from the same contractual relationship, if his asserted counterclaims are disputed by the Seller, are not legally established or are ready for judgement.
5.7 After dispatch of the goods, the Buyer shall receive an invoice to the billing address stated in the order. It is the Buyer's responsibility to check all data provided for correctness and completeness before sending the order form. A claim for subsequent correction of the invoice only exists if the invoice data does not correspond to the data in the completed order form. Any further subsequent change of the invoice addressee, for example from a private buyer to a business buyer or vice versa, shall not take place.
Warranty / Liability
6.1 The statutory provisions shall apply with regard to liability for material defects (warranty). The buyer is entitled to a statutory right of liability for material defects.
6.2 The following shall apply to contracts with entrepreneurs or legal entities under public law:
The Buyer's claims for material defects shall expire 12 months after the transfer of risk.
Obvious defects must be reported within a period of 14 days, otherwise they shall be deemed to have been approved. Shortages must be reported within 4 days.
If the transaction is a commercial transaction for both parties, the Buyer shall, in deviation from clause b., fulfil the obligations of § 377 HGB (German Commercial Code), i.e. to inspect the goods immediately after delivery by the Seller, insofar as this is feasible in the ordinary course of business, and, if a defect or shortage is discovered, to notify the Seller immediately. If notification is omitted or delayed, i.e. not made immediately, the goods shall be deemed to have been approved. Hidden defects must be reported immediately after their discovery, otherwise they shall also be deemed to have been approved if they are not reported or are reported late.
In the event of a defect in the purchased item, the seller is entitled to choose between subsequent fulfilment in the form of rectification of the defect or delivery of a defect-free item. The Buyer shall grant the Seller a reasonable period of time, varying according to the actual circumstances of the individual case, but not less than 7 days, for subsequent fulfilment. The Seller shall bear the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs. In the event of subsequent fulfilment, the seller shall only bear the necessary expenses up to the amount of the purchase price.
If the subsequent fulfilment within the meaning of § 440 BGB (German Civil Code) fails, the buyer may, at his discretion, demand withdrawal or reduction.
Further claims of the buyer, in particular for consequential damages, are generally excluded. This does not affect the unlimited liability for damages resulting from injury to life, body or health as well as other damages which are based on a negligent or grossly negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent. The unlimited liability shall also apply in the event of a breach of cardinal contractual obligations, i.e. such contractual obligations on the fulfilment of which the Buyer relies and may rely. Otherwise, liability shall be limited to the damage typically incurred in the commercial transactions on which these GTC are based.
Liability under the Product Liability Act remains unaffected.
Retention of title
7.1 The delivered goods remain the property of the seller until the purchase price has been paid in full.
7.2 The following applies to buyers who are entrepreneurs:
a. The Seller retains title to the goods (reserved goods) until all payments arising from the business relationship with the Buyer have been received.
If the Buyer does not fulfil his payment obligation despite a reminder with a deadline, the Seller may demand the return of the reserved goods still in its ownership without setting a further deadline. The transport costs incurred shall be borne by the Buyer. The repossession of the reserved goods by the seller shall always constitute a cancellation of the contract. The seller is authorised to realise the goods subject to retention of title once they have been returned. The realisation proceeds shall be credited against the Buyer's liabilities - less reasonable realisation costs.
The Buyer must inform the Seller immediately in writing of all access by third parties, in particular of enforcement measures and other impairments of its property. The Buyer shall reimburse the Seller for all damages and costs arising from a breach of this obligation and from necessary intervention measures against third-party seizures, in particular an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO).
7.3 The buyer is authorised to resell the reserved goods in the normal course of business. However, the Buyer shall assign to the Seller the claims in the amount of the final invoice amount agreed with him (including VAT) which accrue to him from the resale of the reserved goods against his customers or other third parties; this assignment shall apply irrespective of whether the purchased item has been resold without or after processing. The buyer remains authorised to collect the claim even after the assignment. The seller's authorisation to collect the claim himself remains unaffected by this. However, the seller will not make use of this authorisation as long as the buyer meets his payment obligations. As soon as the Buyer is in default of payment or has filed an application for the opening of insolvency proceedings or has suspended payments, the Seller may demand that it be informed of all assigned claims and their debtors, that the debtors be informed of the assignment by the Buyer and that the Buyer provide it with all documents and information necessary for collection and enforcement.
7.4 The processing or transformation of the object of sale by the Buyer shall always be carried out for the Seller. If the purchased item is processed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, incl. VAT) to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the purchased item delivered under reservation of title.
7.5 If the purchased item is inseparably mixed with other items not belonging to the seller, the seller shall acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, incl. VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the buyer's item is to be regarded as the main item, it is agreed that the buyer shall transfer co-ownership to the seller on a pro rata basis. The Buyer shall hold the resulting sole ownership or co-ownership for the Seller.
7.6 The Buyer also assigns to the Seller the claims to secure the Seller's claims against the Buyer which arise against a third party through the connection of the purchased item with a property.
7.7 The Seller undertakes to release the securities to which it is entitled at the request of the Buyer to the extent that the realisable value of its securities exceeds the claims to be secured by more than 10%; the Seller shall be responsible for selecting the securities to be released.
Cancellation policy for consumers (§ 13 BGB)
8.1 Consumers (see section 1 above) have the following right of cancellation.
Right of cancellation
Consumers have the statutory right of cancellation set out in the following model cancellation policy:
Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation 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 last goods.
To exercise the right to cancel, you must inform us - Revotion GmbH, Hüttenstraße 4, 40215 Düsseldorf, phone: +49 211 87978680, e-mail: support@revotion.de - of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You only have to pay 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 checking their condition, properties and functionality.
Sample cancellation form
(If you wish to cancel the contract, please complete this form and return it to us).
To: Revotion GmbH, Hüttenstraße 4, 40215 Düsseldorf, e-mail: support@revotion.de
I/we (*) hereby cancel 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)
-Date
-Signature of the consumer(s) (only in case of notification on paper)
(*) Delete as appropriate.
The right of cancellation does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Mandatory information
Revotion GmbH, Hüttenstraße 4, 40215 Düsseldorf, Germany, is the provider of the offers on www.shop.revotion.de. We are not subject to any special codes of conduct.
The essential characteristics of the goods offered by us can be found in the descriptions on our website.
The language available for the conclusion of the contract is exclusively German.
As a consumer, you have a statutory right of liability for defects. Complaints and claims for liability for material defects can be made at the address given above under a) or by e-mail.
The text of the contract (consisting of the order data and the General Terms and Conditions) will be sent to you by e-mail with our order confirmation.
For information on payment, performance or fulfilment, please refer to the respective offer and the further information on our website.
Complaints procedure via the ODR platform: Consumers have the possibility to settle disputes out of court via this link to the European ODR platform.
Final provisions, miscellaneous
10.1 The law of the Federal Republic of Germany shall apply to the contractual relationship between the seller and the buyer as well as to the respective terms and conditions. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
If the Buyer is a consumer, the applicable statutory provisions and rights in favour of the consumer under the law of the Buyer's country of residence shall remain unaffected by this agreement.
10.2 The exclusive place of jurisdiction is the court at the Seller's place of business if the Buyer is a merchant within the meaning of the German Commercial Code (HGB) or a public corporation. The seller also has the right to sue at the buyer's place of business.
10.3 Should individual provisions of this contract be wholly or partially invalid or lose their legal validity at a later date, this shall not affect the validity of the remainder of the contract. The invalid provision shall be replaced by the statutory provision.
