General Terms and Conditions for Consumers (B2C)
Section 1 General provisions, customers, contractual language
(1) These General Terms and Conditions (GTC) shall apply to the contracts concluded between you and us, reflecta GmbH, Merkurstraße 8 in 72184 Eutingen, legally represented by the Managing Director, Dipl.-Betriebswirt (FH) [degree in business studies] Hans Dieter Schock, HRB 390458, Local Court of Stuttgart, Imprint via this online shop (www.reflecta.de).
(2) Deviating terms and conditions of the customer shall not apply, unless we have expressly agreed to their validity.
(3) Our sales personnel shall not be authorised to make verbal agreements with you as a customer in connection with the contract which deviate from the order form or these General Terms and Conditions.
(4) These General Terms and Conditions shall apply exclusively to you as a consumer. For the purpose of these General Terms and Conditions, a consumer shall be any natural person who concludes the contract for a purpose that cannot be predominantly attributed to either his/her commercial activities or to his/her freelance occupation (Section 13 of the German Civil Code – BGB).
(5) The language available for the conclusion of the contract shall be exclusively German or English.
Section 2 Offers, prices, shipping costs and terms of payment
(1) The presentation of the goods in our online shop under the domain www.reflecta.de shall not constitute any legally binding offer, but an invitation to place an order (invitatio ad offerendum).
(2) Our prices shall include the statutory value added tax, but not the shipping costs.
(3) We shall only deliver against payment via the payment methods offered by us.
(4) You shall not be entitled to any right of set-off or retention, unless the counterclaim is undisputed or has been established as final and absolute by a court of law.
Section 3 Retention of title
The goods shall remain our property until payment has been made in full. If you are in delay with payment for more than 10 days, we shall be entitled to withdraw from the contract.
Section 4 Industrial property rights and copyrights
(1) The customer shall be granted the non-exclusive right to use the software delivered with the goods in connection with the use of the goods.
(2) The customer shall not be authorised to make copies of the software, except for the purpose of use set out in clause 4 (1) or for backup purposes.
(3) The customer may only transfer the rights granted to him/her in the software to a third party if the ownership of the product concerned (especially hardware products) is simultaneously transferred to this third party and the customer does not retain any copies of the software.
(4) We shall not be obliged under any circumstances to disclose the source code of the software.
Section 5 Limitation of liability
(1) We shall be liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations the fulfilment of which makes the proper performance of the contract possible in the first place, the non-fulfilment of which jeopardises the achievement of the contract’s purpose and on the fulfilment of which you as a customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical for this type of contract. We shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
(2) The aforementioned exclusions of liability shall not apply in the event of injury to life, body or health. Liability under the German Product Liability Act shall remain unaffected.
(3) The restrictions set out in paragraphs 1 and 2 shall also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.
(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this regard, we shall not be liable for the constant and uninterrupted availability of our online trading system.
Section 6 Data protection
Section 7 Cancellation policy
You shall be entitled to cancel this contract within fourteen days without stating any reasons.
The cancellation period shall be fourteen days from the day when you or a third party appointed by you, who is not the carrier, have or has taken possession of the goods.
To exercise your right of cancellation, you shall inform us, reflecta gmbh, Merkurstrasse 8, 72184 Eutingen, phone number: +49 74 57/94 65 60, fax number: +49 74 57/94 65 72, e-mail address: email@example.com by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient if you send the notification of the exercise of your right of cancellation before the cancellation period ends.
Consequences of Cancellation
If you cancel this contract, we shall refund any and all payments we have received from you, including delivery costs (except for any additional costs resulting from the fact that you have selected a type of delivery other than the cheapest standard delivery offered by us), without delay and no later than within fourteen days from the day when we received the notification of your cancellation of this contract. For such repayment, we shall use the same means of payment that you used for the original transaction, unless expressly otherwise agreed with you; we shall not charge you any fees for such repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You shall return or hand over the goods to us immediately and in no case later than within fourteen days from the day when you notify us of the cancellation of this contract.
The deadline shall be met if you send the goods before the 14-day period expires. You shall bear the direct costs of returning the goods. You shall only pay for any loss in value of the goods if such loss in value is due to handling of the goods that is not required for testing the quality, characteristics and functionality of the goods.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form.)
— To reflecta gmbh, Merkurstrasse 8, 72184 Eutingen, phone number: +49 74 57/94 65 60, fax number: +49 74 57/94 65 72, e-mail address: firstname.lastname@example.org
— 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)
— Signature of the consumer(s) (only in case of paper communication)
(*) Delete as applicable.
Exclusion of the right of cancellation
The right of cancellation shall not apply to contracts
(a) for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
(b) for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
(c) for the delivery of voucher codes that have been registered or activated. This also applies to voucher codes that are bundled with hardware.
Section 8 Final provisions
(1) The law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods, shall apply. Mandatory regulations of the state in which you have your habitual residence shall remain unaffected.
(2) If you had your place of residence or habitual abode within Germany at the time the contract was concluded and have either relocated at the time the action is brought or your place of residence is unknown at that time, the place of jurisdiction for all disputes shall be our company’s registered office in Eutingen. If you do not have your place of residence or habitual abode within a Member State of the European Union, the courts at our registered office shall have exclusive jurisdiction for any and all disputes.
(3) Should any provision of this contract be invalid, this shall not affect the validity of the remaining provisions.