General Terms and Conditions of Business

and important customer information

§ 1 General – Scope of validity

(1)
The following General Terms and Conditions of Business (GTCs) apply for all business relationships between ourselves and the customer. The version valid at the time the contract is concluded is decisive.

(2) Consumers pursuant to these Terms and Conditions of Business are private individuals with whom a business relationship is entered into, without this being assigned to a commercial activity or self-employment.

Businesses pursuant to these Conditions and Terms of Business are private individuals or legal entitles or partnerships with a legal capacity with whom a business relationship is entered into and who are carrying out a commercial activity or self-employment under this business relationship. Customers pursuant to these Conditions and Terms of Business are consumers and businesses.

(3) General Terms and Conditions of Business that deviate from, contradict or supplement these do not become part of the contract, even if these are made known, unless explicit approval is given to their validity

§ 2 Conclusion of contract

(1)
Our offers are subject to change. Technical and other changes are possible within the framework of that which is reasonable.

(2)
With his or her order, the customer declares his or her binding contractual offer. We will confirm the receipt of the customer's order immediately in writing. This will be done either by e-mail, letter or telefax. The confirmation of receipt does not constitute any binding acceptance of the order. However, the confirmation of receipt can be linked to the declaration of acceptance.

(3)
We are entitled to accept the contractual offer in the form of the order within three working days of receipt by us. We are entitled to reject the acceptance of the order, for instance, after checking the customer's creditworthiness. We are entitled to restrict the order to a normal volume.

(4)
The contract is concluded subject to the condition that we will not be able to perform or only in part in the case of incorrect or non-orderly receipt of the goods ourselves. In the event of non-availability or only partial availability of the service, the customer will be informed immediately. The service in return will be reimbursed immediately.

(5)
The contractual text will be saved by us and will be sent to the customer after conclusion of the contract along with the General Terms and Conditions of Business that are legally incorporated.

§ 3 Right of retention

(1)
In the case of consumers, we reserve ownership of the goods until complete payment of the purchase price. In the case of businesses, we reserve the ownership of the goods until complete settlement of all receivables from an ongoing business relationship.

(2)
The customer is obligated to treat the goods with care. If maintenance or inspection work should be necessary, the customer must carry these out on a regular basis at his or her own costs.

(3)
The customer is obligated to inform us immediately of access by third parties to the goods, in particular as part of enforcement proceedings or assignment, damage or destruction of the goods. The customer must notify us immediately of a change in ownership of the goods and if he or she himself changes his or her place of residence.

(4)
If the customer should act in a manner contrary to the contract, for instance fall into arrears with the payment of the purchase price or breach one of the aforementioned Clauses (2) and (3), we are entitled to withdraw from the contract and to demand surrender of the goods.

(5)
The business is entitled to resell the goods by orderly business means. In this case, the business shall already assign to us now receivables amounting to the invoice amount which it gains as a result of a resale to a third party. We accept the assignment. After the assignment, the business is entitled to collect the receivable. However, we reserve the right to collect the claim ourselves, in particular if the business does not comply with its payment obligations in an orderly manner and falls into arrears with payments.

(6)
The handling and processing of the goods by the business is done in our name and on our behalf at all times. If the goods are processed or mixed with items that are not owned by us, we acquire co-ownership of the new item in the ratio of the value of the goods supplied by us to the other processed items.

§ 4 Consumers' right of revocation

(A consumer is every individual who concludes a legal transaction for a purpose that cannot be assigned either to his or her commercial activity or self-employment)

Right of revocation

You may revoke your contractual declaration within one month without indicating any reasons in text form (e. g. letter, fax, e-mail) or if the item is given to you before the expiry of deadline, also by returning the item. The deadline starts after receipt of this information in text form but not before receipt of the goods by the recipient (with recurring delivery of the same type of goods not before receipt of the first partial delivery) and also not before the fulfilment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 Par. 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) and our obligations pursuant to § 312g Par. 1 Clause 1 of the German Civil Code (BGB) in conjunction with Article 246 § 3 EGBGB. The timely sending of the revocation or the item is sufficient to comply with this deadline.

The revocation is to be addressed to:

RAIKKO GmbH
Strohgasse 7
71672 Marbach
E-mail: service@raikko.com

Consequences of revocation

In the event of an effective revocation, the services received by both sides are to be returned and if applicable any benefits drawn (e. g. interest) surrendered. If you cannot return or surrender the service received or the benefits (e.g. benefits of usage) or only in part or in a deteriorated condition, you must pay compensation to us in this respect. You do not need to pay any compensation for a deterioration that is caused by the designated use of the item. You only have to pay compensation for the benefits drawn if you have used the goods in a form and manner that goes beyond the testing of the properties and functioning. By "testing of the properties and functioning", we mean the testing and trial of the respective goods, as is possible and usual in retail business, for instance.

Items that can be sent by parcel are to be returned at our risk. You must pay the regular costs of the return if the goods delivered do not correspond to those ordered and if the price of the item to be returned does not exceed an amount of EUR 40 and in the event of the price of the item being higher at the time of revocation you have not yet paid the price or a contractually agreed partial payment. Otherwise, the return is free of charge for you. Items that cannot be sent by parcel will be collected from your premises. Obligations to reimburse payments must be met within 30 days. For you, the deadline will start with the sending of your declaration of revocation or of the item; for us, with its receipt.

Exclusion of the right of revocation

The right of revocation does not exist with contracts for the delivery of goods that are produced according to customer specifications or are clearly tailored to the personal requirements or due to their properties are not suitable to be returned or can degenerate quickly or their date of expiry would be exceeded, to the delivery of audio or video recordings or of software if the data media delivery have been sealed by you and for the delivery of newspapers, magazines and glossies (unless you have submitted your contractual declaration for the delivery of newspapers, magazines and glossies).

End of the information about the right of revocation

Please note:

  1. Where possible, please do not return the goods to us with postage paid by recipient. On request, we will be pleased to reimburse you for the postage costs beforehand if you do not have to pay for these yourself.
  2. Please avoid any damage and contamination of the goods. Where possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If you no longer have the original packaging, please ensure appropriate packaging to avoid any damage during transport.
  3. Please note that the aforementioned numbers 1-2 are not the requirements for the effective exercising of the right of revocation.

§ 5 Remuneration

(1)
The price offered is binding. The price includes statutory VAT. With a mail order purchase, the price is exclusive of shipment costs. With online offers, the amount is based on the agreements made there separately.

(2)
After receipt of the service, the customer is obligated to pay the price within 10 days after receipt of the service. Payment is in arrears after expiry. Statutory interest applies during the period of arrears.

(3)
The customer has a right to offset only if his or her counter claims have been lawfully established or recognised by us.

§ 6 Transfer of risk

(1)
With consumers, the risk of accidental loss and accidental deterioration of the goods sold is also transferred to the consumer when the goods are handed over, including with mail order purchases.

(2)
With companies, the risk of accidental loss and accidental deterioration of the goods is transferred to the business with the handover, with a mail order purchase with the delivery of the goods to the forwarding agent, the haulage contractor or persons or organisations designated for shipment.

(3)
With the downloading and sending of data via Internet, the risk of loss and a change in the data is transferred to the customer when they cross the network interface.

(4)
Handover is deemed to have taken place when the customer is in arrears with acceptance.

§ 7 Warranty

(1)
Consumers have the choice as to whether the subsequent fulfilment is to be done by subsequent improvement or substitute delivery. We are entitled to refuse the type of subsequent fulfilment selected if it is only possible with disproportionate costs and the other type of subsequent fulfilment is without substantial disadvantages for the consumer. With companies, we provide a guarantee through subsequent fulfilment or substitute delivery initially according to our choice.

(2)
If the subsequent fulfilment fails, the customer can fundamentally demand reduction in price, withdrawal or compensation instead of performance at its own choice. With compensation instead of performance, the restrictions in liability under § 8 Clause (1) and (2) apply. A right of withdrawal is excluded with only minor defects.

(3) Businesses must notify us in writing of obvious defects within a week after receipt of the goods (notification of defects). If notification is not given or only with a delay, the filing of warranty claims is excluded. The timely sending of the notification is sufficient to comply with this deadline. The business has the full burden of proof for all claim requirements, in particular the defect itself, for the time the defect is determined and the timeliness of the notification of defect.

(4)
The warranty period for consumers is two years; for businesses, one year from the delivery of the goods. With used goods, the period of warranty for consumers is 12 months, for companies 30 days from the delivery of the goods. The one-year warranty period does not apply if we are guilty of gross culpability and in the event of damage to body and health attributable to us and in the event of the customer losing his or her life.

§ 8 Restrictions in liability / Exemption from liability

(1)
With slightly negligent breaches of obligation, our liability is restricted to the foreseeable, direct average damage typical of this type of contract. The same applies with corresponding breaches of obligation by our statutory representatives or vicarious agents.

(2)
The restriction of liability explained under Clause (1) does not include the claims from product liability, damage to body and health attributable to us or if the customer loses his or her life.

(3)
If we facilitate access to other websites through links, we are not responsible for the third-party content contained there. We do not embrace the third-party content as our own. If we become aware that unlawful content is depicted on these pages, we will block access immediately.

(4)
The customer shall exempt us from all disadvantages that could arise towards us from third parties due to harmful activities on the part of the customer, irrespective of whether these are negligent or wilful.

§ 9 Data protection

(1)
The customer has been informed in detail about the type, scope, location and purpose of the collection, processing and usage of the personal details required to carry out orders and about his or her right of contradiction to the use of his or her anonymised usage profile for the purpose of advertising, market research and the organisation of the service in line with requirements (see "Data protection information").

(2)
The customer explicitly consents to the collection, processing and usage of personal details. He or she has the right to revoke his or her consent at any time with effect for the future (see "Consent under data protection law").

§ 10 Final provisions

(1)
The law of the Federal Republic of Germany applies. With consumers who do not conclude the contract for professional or commercial purposes this choice of law only applies to the extent that the protection granted has not been withdrawn by a mandatory provision of the law of the state in which the consumer has his or her usual domicile. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.

(2)
If the customer is a merchant, a legal entity under public law or special fund under public law, the sole jurisdiction for all disputes arising from this agreement is our business headquarters. The same applies if the customer does not have his or her general place of jurisdiction in Germany or if his or her place of residence and usual domicile are not known at the time the legal action is filed.

(3)
If individual provisions of the contract with the customer including these General Terms and Conditions of Business should be or become invalid in part or their entirety, this will not affect the validity of the remaining provisions. A provision that is invalid in its entirety or in part is to be replaced by a provision whose commercial success comes as closest as possible to the invalid provision.

RAIKKO GmbH
Strohgasse 7
71672 Marbach

HRB 738408

Stuttgart district court
Ludwigsburg tax office VAT ID no.: DE 278845213

Managing director: René-M. Bogislawski
Responsible for content pursuant to § 6 of the German Interstate Media Services Agreement (MDStV): René-M. Bogislawski

Even if they are not explicitly marked as such, all trademarks and word marks are the property of their respective holders.

Liability notice: Although we have checked the content carefully, we do not assume any liability for the content of external links. Solely the respective operators are responsible for the content of the linked sites. Legal information: RAIKKO continuously updates and checks the information (images, texts) on its web pages. No liability or guarantee for the correctness, up-to-dateness and completeness of the information on www.raikko.com or other TLDs operated by RAIKKO can be assumed. The same also applies for all other websites that are hyperlinked. RAIKKO is not responsible for the content of the websites that are reached via such a link. In addition, RAIKKO reserves the right to supplement or amend the information provided. The content and structure of the website are protected by copyright. The copying of information or data, in particular the use of image material, texts or parts of texts requires the prior approval of RAIKKO and can be prosecuted under the law.