General terms and conditions (GTC)
The general terms and conditions apply to all contracts between Regenbogen Leuchten GmbH and its customers, insofar as there are no other contract terms and conditions or that something different has been explicitly agreed to in writing or has been legally provided for and enforced.
2. Reason for the contract
Note for the customer:
A contract, in this case a purchasing contract, gets established through the existence of two corresponding and willful states of being, namely offer (2.1) and acceptance (2.2).
The products shown on our online shop merely provide an invitation for the conclusion of a purchasing contract, but no legal offer.
The adding of a product by the customer into the shopping cart also does not constitute an offer. The customers are free to consider his/her potential purchase decision before pressing the buttons that would place an obligation on the customer to buy. It is therefore possible to throw away the products that have been added to the shopping cart.
The offer is legally valid, when the customer presses the button that says "order with obligation to cover the costs".
The purchasing contract comes into being when Regenbogen Leuchten GmbH receives the order.
A binding contract already comes into existence by the confirmation of the payment immediately after your order, if you accept a corresponding invitation and conclude your order with the payment through one of our offered online payment services. Our online payment services are PayPal and credit card payments through SaferPay.
If you have chosen to pay in advance for your order, a binding contract only comes into being with the sending of one of our pre-written e-mail messages for the purpose of sending the products or other explicit declaration of acceptance.
3. Ownership of the goods
The products delivered to the customer stay the property of Regenbogen Leuchten GmbH until payment of the full purchase price has been completed.
4. Prices, delivery costs
4.1. Total price
All prices are total prices according to the § 1 Abs. 1 of the Quotation of Prices Act. This therefore includes the legal turnover tax and other price components. The customer should not expect any further costs.
4.2. Delivery costs
We deliver to the following countries only and charge no delivery costs for orders over 1500£: Belgium, Denmark, Germany, Finland, France, Croatia, Luxemburg, Netherlands, Austria, Sweden, Slovakia, Slovenia, the Czech Republic, Hungary and the United Kingdom. The full price list for the delivery you can find in the delivery terms tab.
The delivery is typically done by UPS, DPD or DHL. The Regenbogen Leuchten GmbH retains the right to determine the type of delivery, delivery route, and transporter as they think best.
5. Guarantee/ Warranty rights
5.1. Warranty rights
If the customer is the user, he/she holds the corresponding warranty rights pertaining to the goods according to the relevant legal provisions.
After delivery of the goods at the users' premises, the warranty rights expire after two years.
There are no defects when the goods are being used normally. There is therefore no liability of the Regenbogen Leuchten GmbH.
Guarantee claims against businesses are limited to a period of one year as of delivery.
If the customer bought a used product, the customer's warranty rights expire one year after handing over of the goods. If the customer is a business and this business buys such a used product, this warranty right will not apply.
Businesses must report visible defects in written form without delay, but at the latest within a period of 5 days as of receiving the goods. In the case of the discovery of non-visible defects, the obligation for immediate complaint is valid for 5 days as of the discovery of the defect. The timely sending of the report is sufficient for the purpose of the purchaser retaining the right. Otherwise the goods will be considered as accepted without condition even in view of the respective defects. The timely sending suffices for the purpose of deadline. § 377 HGB applies in a complementary sense to merchants.
5.2. Immutability of the warranty rights
Damage claims for a defect based on the loss of life, the body or health, which occur from an on-the-job injury of one of our representatives, as well as damage compensation claims for other damages, which are the result of a deliberate or grossly negligent on-the-job injury are explicitly excluded from limitations or exclusions of the above provisions in 5.1.
Limitations or exclusions of all warranty claims do not apply in the case of the taking-over of a characteristic guarantee by us or the fraudulent concealment of a defect by us in terms of § 444 BGB. An eventual manufacturer guarantee remains unchanged in any case. The provision of § 478 BGB with regards to dealer recourse, when selling newly manufactured goods, also remains unchanged. Insofar as our liability is excluded or limited as the case may be with regards to above exclusions being arranged, these also apply to the personal liability of our employees, co-workers, legal representatives and assistants.
6. Transportation damages
Should goods be delivered with clearly visible transport damage, you should complain about such issues immediately if possible at the manufacturer and please contact us as soon as possible. Failing to do file a complaint or contact us does not have any consequences for your legal claims and their success, in particular your warranty rights. You will however assist us greatly, in terms of making our own claim against the transport company in terms of our transport insurance.
7.1. The following payment options are available to you:
Payment in advance
When selecting a payment option we provide our bank affiliation to you in the order confirmation and deliver the goods after payment has occurred.
Money will be deducted from your Paypal account after your payment has been processed. You will still however have to log into your personal Paypal account with your e-mail address and your Paypal password and confirm the payment amount. You will not be liable for any costs when paying with Paypal.
Credit cards/ SaferPay
The payment happens conveniently through the reservation of money in your credit card. In order to do accomplish this you have to provide your credit card details (credit card number, validity and security number, which are not saved by us, but are sent to SAFERPAY with a secure 128-bit security key. We do not store this data. For technical reasons the reservation of the amount happens immediately after you send us your order in our online shop.
This payment method is of course free.
8. Applicable Law, Court of Jurisdiction
8.1. Applicable law
The laws of the Republic of Germany apply to all legal transactions or other legal engagements you may have with us. The UN Convention on Contracts for the International Sale of Goods (CISG) as well as some other bilateral or multilateral agreements, including their adoption in German law, is not applicable at all. In the case of contracts with a purpose that cannot be assigned to the occupational or commercial operations of the authorized person (contract with consumer), this selection of laws includes, that the user of the warranty protection is not exempt from this based on enforceable conditions of the law of the country in which the person has his regular place of residence.
8.2. Court of Jurisdiction
In doing business with merchants and with legal persons of the public law, our place of business will determine the court of jurisdiction for all litigation about these terms and conditions and individual contracts concluded under it, including action on a bill of exchange and check litigation. We also have the right in this case to bring an action at the place of business of the client. Any other excluded court of jurisdiction remains unchanged despite the above arrangement.
9. Contract language
The language that has been determined for the conclusion of the contract is English.
10. Severability clause
Should individual provisions of this general terms and conditions not be legally effective either wholly or in part, or lose their legal effectiveness at a later date, this will not influence the validity of the rest of the general terms and conditions. Ineffective provisions will be replaced by the statutory legal provisions. The same will apply when the general terms and conditions show an unforeseen error.