1.1. The business relationship between RIVOLI GENÈVE Vertrieb GmbH, Lustgartenstrasse 103, D-79576 Weil am Rhein (hereinafter the “Seller”) and the customer (hereinafter the “Customer”) shall be subject exclusively to the following General Terms and Conditions as amended at the time the order is placed.
1.2. A consumer within the meaning of these GTC shall be any natural person who enters into a legal transaction for a purpose that is predominantly neither due to any commercial nor any self-employed professional activity. An entrepreneur shall be a natural person or legal entity or a partnership with legal capacity who enters into a legal transaction acting in the exercise of their commercial or self-employed professional activity.
1.3. Deviating terms and conditions of Customer shall not be accepted unless Seller explicitly agrees to their application.
2. Offers and performance descriptions
2.1 Presentation of the products in the online shop shall not constitute any legally binding offer, but an invitation to place an order. Descriptions of performance in catalogues and on Seller’s websites shall not constitute any representations or guarantees.
2.2 Any offers shall be valid “while stocks last” unless otherwise stated with the products. Errors and omissions reserved.
3. Ordering process and conclusion of contract
3.1. Customer may select products from Seller’s range without any obligation and collect them in a shopping cart via the “Add to cart” button. The product selection can be changed, e.g., deleted, within the shopping cart. Customer may then proceed to complete the ordering process within the shopping cart by clicking on the “Proceed to checkout” button.
3.2. Customer shall submit a binding application to purchase the goods in the shopping cart by clicking the “Order subject to fee” button. Customer may change and view the data at any time and use the browser function “Back” to return to the shopping cart or cancel the ordering process altogether before submitting the order. Required information is marked with an asterisk (*).
3.3. Seller shall then send an automatic confirmation of receipt to Customer by email in which Customer’s order is listed again and that Customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt shall merely document that the order of Customer has been received by Seller and shall not constitute an acceptance of the application. The purchase contract shall only be concluded when Seller has dispatched or handed over the ordered product to Customer within 2 days or has confirmed dispatch to Customer within 2 days in a second email, express order confirmation, or by sending of the invoice. Seller may also accept by requesting payment from Customer, and acceptance shall be declared at the latest by completion of the payment transaction. If several acceptance procedures are performed, the earliest acceptance time shall be decisive. If Seller does not accept Customer’s offer within the acceptance period, no contract shall be concluded, and Customer shall no longer be bound by their offer.
3.4 For Customers that are companies, the above period for dispatch, handover, or order confirmation shall be seven days instead of two.
3.5. If Seller permits advance payment, the contract shall be concluded upon provision of the bank details and request for payment. If the payment has not been received by Seller within 10 calendar days after submission of the order confirmation in spite of being due even after a reminder, Seller shall withdraw from the contract with the consequence that the order shall lapse and Seller shall not be obligated to deliver. The order shall then be completed for the buyer and Seller without any further consequences. The item shall, therefore, be reserved for a maximum of 10 calendar days in the case of advance payment.
4. Prices and shipping costs
4.1. Any prices stated on Seller’s website are inclusive of the applicable statutory value added tax.
4.2. In addition to the stated prices, Seller shall charge shipping costs for delivery.
4.3 Our products shall be shipped with DHL within Europe (incl. Switzerland). Shipping and packaging costs:
EUR 0.00 to EUR 100.00 Order value: EUR 8.90
from an order value of EUR 100.00 onwards, we shall bear the shipping and packaging costs.
Delivery time: 1 – 2 workdays
Dispatch shall take place from Monday to Friday.
We will also ship orders to packing stations.
5. Delivery, availability of goods
5.1. Delivery shall be made after receipt of the invoiced amount if advance payment has been agreed.
5.2. Seller may withdraw from the contract if delivery of the goods fails due to the buyer’s fault in spite of three attempts at delivery. Any payments made shall be refunded to Customer without undue delay.
5.3. Seller may withdraw from the contract if the ordered product is not available because it is not delivered to Seller by their supplier without any fault on their side. In this case, Seller shall inform Customer without undue delay and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if Customer does not wish delivery of a comparable product, Seller shall reimburse Customer for any consideration already paid without undue delay.
5.4. Customers shall be informed about delivery times and delivery restrictions (e.g., restriction of deliveries to specific countries) on a separate information page or within the respective product description.
5.5 For Customers who are companies, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer once Seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution designated to perform the shipment; the stated delivery dates and deadlines shall not be fixed dates but are subject to any promises and agreements to the contrary.
5.6 Seller shall not be responsible for any delays in delivery and performance due to force majeure and due to any unforeseeable events that make delivery significantly more difficult or impossible for Seller towards Customers who are entrepreneurs, even in cases of bindingly agreed deadlines and dates. In this case, Seller shall have the right to postpone the delivery or service for the duration of the obstacle plus a reasonable start-up period. The right to postpone the deadline shall also apply to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of an upstream supplier and for which neither the upstream supplier nor Seller is at fault. Customer shall also be exempt from their contractual obligations, in particular payment, for the duration of the obstacle. If the delay is unreasonable for Customer, Customer may withdraw from the contract by written declaration, following the setting of a reasonable grace period or upon amicable coordination with Seller.
6. Payment methods
6.1 Customer may choose from the available payment methods within the scope of and before completing the ordering process.
6.2 If any third-party providers are charged with payment processing, e.g., PayPal, their general terms and conditions shall apply.
6.3 If the due date for payment is determined by the calendar, Customer shall already enter default by missing the deadline. In this case, Customer shall pay the statutory interest on arrears.
6.4 Customer’s obligation to pay default interest shall not preclude Seller from claiming further damages for default.
6.5 Customer shall only be entitled to offsetting if their counterclaims have been legally established or recognised by Seller. Customer must only exercise a right of retention as far as the claims result from the same contractual relationship.
6.6 The following payment methods are generally available to you in our shop:
PayPal: The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”).
American Express: The provider of this payment service is American Express Europe S.A., Theodor-Heuss-Allee 112, 60486 Frankfurt am Main, Germany (hereinafter “American Express”).
Mastercard: The provider of this payment service is Mastercard Europe SA, Chaussée de Tervuren 198A, B-1410 Waterloo, Belgium (hereinafter “Mastercard”).
VISA: The provider of this payment service is Visa Europe Services Inc, London Branch, 1 Sheldon Square, London W2 6TT, United Kingdom (hereinafter “VISA”).
7. Retention of title
Seller shall retain title in the delivered goods until full payment has been made. The following shall additionally apply to any Customers who are entrepreneurs: Seller shall retain title in the goods until all claims arising from an ongoing business relationship have been settled in full; the buyer shall be obligated to treat the purchased item with care as long as title has not yet passed to them. In particular, they shall be obligated to insure it adequately against theft, fire, and water damage at replacement value, as far as this is appropriate or customary in the industry, at their own expense. If maintenance and inspection work has to be performed, the buyer must do so at their own expense in time. Processing or transformation of the goods subject to retention of title by Customer shall always be performed for Seller. If the goods subject to retention of title are processed with any other objects that do not belong to Seller, Seller shall acquire joint title in the new object in the ratio of the value of the goods subject to retention of title to the other processed objects at the time of processing. The item created by processing shall be subject to the same provisions as the goods subject to retention of title in any other respect. Customer also assigns any claims that arise against a third party due to connection of the goods subject to retention of title with land to secure any claims against them. Customer must report any access by third parties to the goods in which Seller holds the title or joint title without undue delay. Customer shall bear any costs for a third-party action or costs for an extrajudicial release arising from such interventions. Customer shall have the right to resell the goods subject to retention of title in the ordinary course of business. Customer hereby assigns all claims arising from resale or other legal grounds regarding the goods subject to retention of title (including all balance claims from current account) to Seller in full by way of collateral. Seller revocably authorises Customer to collect the claims assigned to Seller for their account and in their own name. This direct debit authorisation can be withdrawn if Customer does not properly fulfil their payment obligations. Seller commits to releasing collateral to which Seller is entitled at Customer’s request if their total sales value exceeds the total of all outstanding claims of Seller from the business relationship by more than 10% (or by more than 50% if there is a risk of utilisation). The collateral to be released shall be selected by Seller. Upon settlement of all claims of Seller from delivery transactions, title in the goods subject to retention of title and the assigned claims shall pass to the buyer. The collateral to be released shall be selected by Seller.
8. Warranty for defects of material and guarantee
8.1. The warranty (liability for defects) shall be determined in accordance with the statutory stipulations, subject to the following provisions.
8.2. Goods delivered by Seller shall only be subject to any guarantee if it has been explicitly declared. Customers shall be informed of the terms before the ordering process is initiated.
8.3 The following shall apply to consumers: Please report any goods delivered with any obvious transport damage to the delivery agent as soon as possible and contact us about this without undue delay. Failure to report or to contact us shall not have any consequences for your legal claims and their enforcement, in particular your warranty rights. However, your report would help us in asserting our own claims against the carrier or the transport insurance.
8.4 If Customer is an entrepreneur, they must inspect the goods without undue delay, notwithstanding any statutory obligations to give notice of defects, and must notify the supplier of any recognisable defects of material in writing without undue delay, at the latest within two weeks of delivery, and of any non-recognisable defects of material without undue delay, at the latest within two weeks of discovery. Any deviations in quality, weight, size, thickness, width, finish, pattern, and colour that are customary in the trade and permissible in accordance with quality standards or minor deviations shall not be considered defects.
8.5 If Customer is an entrepreneur, there shall be a choice between rectification or subsequent delivery of defective goods by Seller.
8.6 Notwithstanding the liability provisions of these GTC, any defects of material shall expire one year after the transfer of risk for customers who are entrepreneurs, unless any longer periods are prescribed by law, in particular in cases of special provisions for recourse of the entrepreneur. In the case of used goods, the warranty of customers who are entrepreneurs shall be excluded.
8.7 If Customer is an entrepreneur and has installed the defective item in any other item or mounted it on any other item in accordance with its type and intended use within the meaning of § 439 (3) of the German Civil Code (Bürgerliches Gesetzbuch; BGB), Seller shall not be obligated, subject to an explicit agreement and without any prejudice to any other warranty obligations, to reimburse Customer for the necessary expenses for removal of the defective item and installation or mounting of the repaired or delivered defect-free item within the scope of subsequent performance. Seller also shall not be obligated to reimburse any expenses for removal of the defective item and installation or mounting of the repaired or delivered defect-free item within the scope of a recourse by Customer within the supply chain (i.e., between Customer and their customers).
9.1. The following exclusions and limitations of liability shall apply to Seller’s liability for damages, without any prejudice to any other statutory prerequisites for claims.
9.2. Seller shall be liable without any limitation as far as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, Seller shall be liable for the slightly negligent breach of any essential obligations, the breach of which jeopardises achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which Customer regularly relies. In this case, however, Seller shall only be liable for the foreseeable damage typical for the contract. Seller shall not be liable for slightly negligent breach of obligations other than those referred to in the preceding sentences.
9.4. The above limitations of liability shall not apply in cases of injury to life, limb, or health, for a defect after the assumption of a guarantee for the quality of the product and in cases of fraudulently concealed defects. Liability under the Product Liability Act (Produkthaftungsgesetz) shall not be affected.
9.5. As far as Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives, and vicarious agents.
10. Saving of the contract text
10.1. Customer may print out the text of the contract before submitting the order to Seller by using the print function of their browser in the last step of the order.
10.2. Seller shall also send an order confirmation with all order data to the email address provided by Customer to Customer. Customer shall also receive a copy of the General Terms and Conditions together with the withdrawal policy and the information on shipping costs as well as delivery and payment terms together with the order confirmation, but at the latest upon delivery of the goods. If you have registered in our shop, you may view your orders in your profile area. We will additionally store the text of the contract but do not make it accessible online.
10.3 Customers who are entrepreneurs may receive the contract documents by email, in writing, or by reference to an online source.
11. Final provisions
11.1. If the buyer is an entrepreneur, the place of performance shall be Seller’s registered office, subject to any other agreements or mandatory statutory provisions, while the place of jurisdiction shall be at Seller’s registered office if Customer is a merchant, a legal entity under public law, or a special fund under public law or if the buyer does not have a general place of jurisdiction in Seller’s country of domicile. Seller’s right to choose another permissible place of jurisdiction is reserved.
11.2 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, as long as there are no mandatory statutory provisions to the contrary, in the case of entrepreneurs.
11.3. The contractual language shall be German.
11.4. Platform of the European Commission for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing or obligated to participate in a dispute resolution procedure before a consumer arbitration board.