Page 115 - CARBEST 2024 EN

TERMS AND CONDITIONS

1. Scope 6 Information Provided By Telephone the delivery of the item in question. By way of derogation from the above, the statutory
1.1 The deliveries and services of Reimo Reisemobil-Center GmbH are subject to the Any information provided by telephone shall generally be non-binding and without warranty period of two years shall apply to any claims for damages due to intentional
following terms and conditions. Our general terms and conditions apply exclusively. Any guarantee if we offer an assessment after the matter in question is described by tele- or grossly negligent breaches of duty or culpable injury to life, limb or health. The
deviating, conflicting or supplementary terms and conditions of the customer shall not phone, verbally or in writing and if we have no opportunity to conduct a detailed statutory limitation period in the case of recourse against the supplier (recourse by a
apply, unless we explicitly approve their validity. This applies even if we unreservedly inspection of the item to which the information relates. trader) remains unaffected.
provide the customer with a delivery or service despite being aware of the customer’s Part II. Special Provisions for Deliveries of Vehicles, Accessories and Spare Parts 11.3 We shall only assume any guarantees if this is explicitly stated for the selected
terms and conditions. 7 Special Orders and Custom-Made Vehicles product. The details of each guarantee can be found in the relevant guarantee condi-
1.2 Unless explicitly specified otherwise in the following clauses, our terms and A deposit of 25% of the purchase price shall be due when a contract is established for tions. Any guarantees shall apply in addition to statutory warranty rights.
conditions apply both to “traders”, as defined in Section 14 of the German Civil Code special vehicle orders; a deposit of 40% of the purchase price shall be due when a 12 Agreements on Returns for Traders
(BGB), and to legal persons incorporated under public law or investment funds incorpo- contract is established for custom-made vehicles. Any custom-made vehicles shall be If the customer is a trader, the following applies with regard to returns: Unless there is
rated under public law, as well as to “consumers”, as defined in Section 13 BGB. A manufactured according to the plans and measurements provided by the customer. The a warranty claim, any goods may only be returned with our prior, written consent; the
“consumer” means any natural person who enters into a legal transaction for purposes customer shall be solely responsible for the correctness of such measurements. returned goods must be accompanied by a copy of the invoice. In such cases, the return
that predominantly are outside the consumer’s trade, business or profession. A “trader” 8 Delivery and Transfer of Risk shipping costs must be borne by the customer. Unless otherwise agreed, the customer
means a natural or legal person or a partnership with legal personality who or which 8.1 Our deliveries shall be made ex works. The risk of accidental loss or deterioration shall also be obliged to pay 15% of the purchase price in such cases.
acts in exercise of their trade, business or profession when entering into a legal trans- shall be transferred to the customer, at the latest, when the goods are handed over to 13 Cancellation Right for Consumers
action. the customer. If we ship the goods at the customer’s request, the risk shall be trans- If the customer is a consumer who enters into a contract with us via our website, the
2 Conclusion of Contract ferred to the customer when the goods are handed over to the freight carrier or customer shall be entitled to cancel their order under the following conditions:
2.1 Our offers shall be subject to change. If the customer makes an offer to enter another person instructed to transport the goods. The statutory transfer of risk in the Cancellation policy
into a contract by placing an order, the relevant contract shall only be established when event of default in acceptance remains unaffected. If the customer is a consumer, the The customer shall be entitled to cancel the contract within fourteen days without
we accept the offer. risk in the cases described in the third sentence above shall only be transferred to the stating their reasons for doing so. The fourteen-day cancellation period shall begin on
2.2 If an order is placed via our website (www.reimo.com), the following provisions customer as soon as the goods are handed over to the freight carrier or another person the day the goods are handed over to the customer or a third party designated by the
shall apply to the conclusion of the contract in addition to those specified in Section 2.1 instructed to transport the goods if the customer has instructed the freight carrier or the customer, excluding the carrier. In the case of a contract for several goods that are
above: other person to carry out the shipping and we have not previously named the transport- requested by the customer as part of a single order and that are delivered separately,
The presentation of items on our website shall not constitute a binding offer to enter ing person to the customer. the fourteen-day cancellation period shall begin on the day the last goods are handed
into a purchase contract. The customer may select goods on our website and place 8.2 Unless stated otherwise, any parts ordered via our website shall be delivered over to the customer or a third party designated by the customer, excluding the carrier.
them in the virtual shopping cart by clicking on the shopping cart symbol. By clicking within 5 working days. In order to exercise the cancellation rights described above, the customer must send us
the “Buy now” button to submit an order via our website, the customer shall make a 8.3 We shall be entitled to make partial deliveries if they are requested by the cus- a clear statement (e.g. a letter sent by post, fax or email) regarding their decision to
legally binding offer to purchase the goods in the shopping cart. The customer may view tomer or if they are reasonable for the customer. If partial deliveries are explicitly withdraw from the contract; we can be contacted as follows: Reimo Reisemobil-Center
and change the relevant data at any time before submitting the order. requested by the customer, the additional shipping costs shall be borne by the custom- GmbH, Lieferzentrum, Abt. Retouren, Am Rotböll 17-19, D-64331 Weiterstadt; Fax:
The customer shall receive an automated email from us to confirm receipt of the order. er; otherwise, we shall bear the additional shipping costs incurred. +49 6150 8662-329; Tel.: +49 6150 8662367; Email: shop@reimo.com). The custom-
The automatic confirmation of receipt shall merely document the fact that we have 8.4 If the customer requests a different design of the purchased item before it is er may use the attached cancellation form template, but this is not mandatory. In order
received the customer’s order; it shall not mean that we accept the customer’s offer to delivered, the delivery period shall be interrupted until an understanding is reached on to meet the deadline, the customer must merely submit the statement outlining their
enter into a contract. The contract shall only be established when we submit a declara- the required design; if necessary, the deadline shall be extended by the time required intention to cancel the contract before the end of the cancellation period.
tion of acceptance, which shall be sent as an order confirmation in a separate email. to implement the different design. Ramifications of cancellation:
Any contracts facilitated via our website shall be concluded in German. 8.5 If an agreed, non-binding delivery date is exceeded by more than 6 weeks in the If the customer cancels the contract, we shall reimburse any payments received from
2.3 If the items ordered by the customer cannot be delivered (e.g. because they are case of a contract for the delivery of vehicles, the customer shall be entitled to set us a the customer, including shipping costs (except for any additional costs incurred if the
not in stock), we shall not issue a declaration of acceptance. In such cases, a contract reasonable grace period for delivery. If we do not deliver the purchased item by the end customer does not choose our cheap standard shipping); we shall make the refund
shall not be concluded. We shall immediately inform the customer and reimburse any of the grace period, the customer may withdraw from the contract by means of a written immediately – and at the latest within fourteen days of receiving notification of their
consideration we have already received. declaration and/or demand compensation in lieu of performance under the legal intention to cancel the contract. We shall make the refund with the same payment
2.4 All agreements made between us and the customer when entering into the requirements. method used by the customer for the original transaction, unless alternative arrange-
contract shall be fully documented in writing in the contract, including these terms and 9 Conditions of Acceptance for the Delivery of Vehicles ments are explicitly agreed with the customer; under no circumstances shall the cus-
conditions. Our employees shall not be authorised to make any verbal agreements that 9.1 If the customer fails to accept a purchased item within 14 days of being notified tomer be charged any fees for the refund.
deviate from the contract or supplement its provisions. of its availability, or if the customer refuses to accept the delivery despite not being We may refuse to make a refund until we have received the returned goods or until the
2.5 We reserve the right to make insignificant changes to components, the design, entitled to refuse acceptance, we shall be entitled to withdraw from the contract and/ customer has provided evidence to prove that the goods have been returned, whichever
the colour or other details as part of technical developments, provided such changes or to demand compensation due to non-performance after a reasonable grace period comes first.
are reasonable for the customer, taking into account the interests of both parties. In set by us. The customer must return or hand over the goods immediately – and at the latest
particular, any such changes must not lead to a reduction in value or an impairment of 9.2 In the latter case, we shall be entitled to claim 15% of the purchase price as within fourteen days of notifying us of the cancellation of the contract. The deadline
use. compensation for damages – without prejudice to the possibility of demanding a shall be met if the customer sends off the goods before the end of the fourteen-day
2.6 Due to the use of natural raw materials, all weight specifications shall be within greater amount for the damage that is actually incurred. The customer reserves the period.
the usual tolerances of +/- 5%. right to prove that we have incurred significantly less or no damage. The costs directly associated with the return shipment shall be borne by the customer.
3 Prices and Terms of Payment 10 Retention of Title If goods cannot be sent by parcel and cannot be returned normally by post, we shall
3.1 Prices and terms of payment for contracts with consumers 10.1 The goods shall remain our property until the purchase price has been paid in offer to collect the goods from the customer at our expense. The customer must only
3.1.1 The prices indicated for consumers on our website or in brick-and-mortar shops full. By way of derogation from the first sentence, the following shall apply if the cus- pay for any depreciation of the goods if the loss of value is caused by the use of the
and any other prices offered to consumers shall be gross prices quoted in EUROS ex tomer is a trader: The goods shall remain our property until all claims arising from the goods in a manner that is not necessary to check their quality, properties and function-
works plus any additional shipping costs that may be indicated. If an order is placed via business relationship between us and the customer, including any additional claims, ality.
our website, the respective shipping costs shall be specified on our website. have been settled in full. The retention of title shall remain in effect even if some of our Part III. Special Provisions for Services Involving Work Performed on Items
3.1.2 If a consumer places an order via our website, we shall offer the following pay- claims are included in a current account and the balance has been determined and Not Procured By Us
ment methods: PayPal, credit card (MasterCard or Visa) or Sofortüberweisung. If we recognised. 14 Customer’s Obligation to Cooperate
enter into a contract with a consumer in a brick-and-mortar shop, the purchase price 10.2 The customer shall not be permitted to pledge any goods subject to retention of 14.1 If the customer places an order for the provision of services involving work per-
must be paid in cash or by EC card upon delivery. title or assign them as security. We must be immediately notified of any seizures or formed on items not procured by us, the customer must make the vehicle available to
3.2 Prices and terms of payment for contracts with traders other third-party interventions. If the third party is unable to reimburse us for the judicial us at the agreed time in a condition suitable for performing the work.
3.2.1 If we make a trader an offer, the prices offered shall be net prices quoted in and extra-judicial costs of averting the intervention in question, the customer shall be 14.2 If the vehicle needs to be cleaned before the work specified in the order can be
EUROS ex works, unless stated otherwise. If applicable, the statutory rate of value liable for the damage we incur. performed, and if the cleaning is done by us, we shall be entitled to invoice the custom-
added tax shall be shown separately on our invoice in the amount applicable at the time 10.3 The customer shall store any goods subject to retention of title for us free of er for this.
the contract is concluded. charge. The customer must insure them against common risks such as fire, theft and 14.3 In the case of orders involving assembly, the vehicle must be in factory or
3.2.2 The following terms of payment apply to contracts with traders: Our invoices water with the usual degree of coverage. The customer hereby assigns to us any com- standard condition and must be delivered in a completely empty state. We shall not be
shall be payable without deductions within 30 days of receipt. If payment is received pensation claims held against insurance companies or any other parties liable for liable for any moving parts found in the vehicle contrary to this agreement, unless the
within 8 days of invoicing, we shall grant a 2% discount for early payment. We shall grant compensation due to any damage of the type described above; the assigned claims customer can prove that we are guilty of intent or gross negligence. An additional charge
a 3% discount for cash payments, advance payments and successful payment collec- shall correspond to the amount of the customer’s own claims. shall be incurred for any work required to create or compensate for this condition (e.g.
tion based on a SEPA direct debit mandate. 10.4 If the customer fails to meet their payment obligations, we shall be entitled to damaged vehicle).
3.3 General terms of payment for consumers and traders withdraw from the contract and demand the return of the goods subject to retention of 14.4 In the case of orders involving assembly and repair, the cost estimate may be
Regardless of whether the customer is a consumer or a trader, the following terms of title under the legal requirements. exceeded by up to 15% if any unforeseen circumstances arise during the work and we
payment shall also apply: 10.5 If the customer is a trader, the following provisions also apply: are unable to consult the customer at short notice. The customer’s rights pursuant to
3.3.1 If the customer defaults on payment, we shall be entitled to charge default 10.5.1 The customer shall be entitled to process and sell any goods subject to retention Section 649 BGB shall otherwise remain unaffected.
interest at the applicable statutory rate. We also reserve the right to assert further of title in accordance with the following provisions: 14.5 Unless otherwise agreed, we shall immediately dispose of any removed parts for
claims due to the delay. 10.5.2 The customer hereby assigns to us any claims arising from the resale of goods a fee.
3.3.2 The customer shall be entitled to offset our claims against their own counter- subject to retention of title corresponding to the final amount invoiced for our own 15 Collection and Acceptance
claims – or to assert a right of retention – if their counterclaims are legally established, claims (including VAT); this shall also apply proportionately if the goods are processed, 15.1 The customer shall be obliged to collect the object of the order no later than one
undisputed or recognised by us. However, this restriction does not apply to any coun- mixed or combined with other items and we acquire co-ownership in the amount of their week after receiving notification that the order is complete. The customer shall be
terclaims held by the customer due to defects or the partial non-fulfilment of the con- invoice value. In the latter case, we shall be entitled to a fraction of the respective obliged to formally accept the work performed in accordance with the contract. Unless
tract, provided the claims are based on the same contractual relationship as our claims. purchase price claim arising from the resale in the ratio of the invoice value of our goods otherwise agreed, the formal acceptance procedure with the customer shall take place
The right to offset any claims arising from the exercise of the consumer’s right of with- subject to retention of title to the total invoice value of the item in question. If the cus- at our registered office. The customer must not refuse acceptance due to insignificant
drawal, as described in Section 13 below, also remains unaffected. tomer sells the claim as part of real factoring, the customer shall assign to us the claim defects.
3.3.3 If it becomes apparent that our claim to the purchase price is jeopardised by the held against the factor that replaces it. We shall accept the assignment. 15.2 In the event of non-acceptance, we shall be entitled to assert our statutory rights
customer’s solvency after entering into the contract, we shall be entitled to refuse per- 10.5.3 We shall not collect any assigned claims as long as the customer meets their without restriction. In particular, we shall be entitled to charge the usual local storage
formance in accordance with the statutory provisions and, if the customer neither pays payment obligations. The customer shall remain entitled to collect the claims. However, costs. If the customer defaults on acceptance, the risk shall be transferred to the cus-
the purchase price nor provides security within a reasonable period set by us, we shall the customer shall no longer be authorised to collect the claims if the customer defaults tomer.
be entitled to withdraw from the contract (Section 321 BGB). on payment or if an application is filed for insolvency proceedings against the custom- 16 Warranty for Services Involving Work Performed on Items Not Procured
3.3.4 In the case of contracts for the delivery of complete vehicles, the following also er’s assets. In such cases, we may ask the customer to notify us of the assigned claims By Us
applies: If a delivery date is agreed more than four months after the conclusion of the and the debtors, to provide all information required to collect the receivables, to hand If any service involving work performed on items not procured by us proves to be
contract, and if our suppliers increase their prices during this period after the conclu- over the associated documents, and to inform the debtors that the claims have been inadequate, the customer shall be able to assert their statutory warranty rights; howev-
sion of the contract for reasons not attributable to us, we shall be entitled to pass on assigned to us. er, the customer shall only be able to assert any claims for damages to the extent
these increased costs to the customer and to adjust our price accordingly. We shall 10.5.4 By processing goods subject to retention of title, the customer shall not acquire specified in Section 5 above. The warranty period shall be one year from acceptance.
immediately inform the customer. ownership of the new item pursuant to Section 950 BGB. Any such processing shall be By way of derogation from the above, the statutory warranty period shall apply to any
4 Delivery and Service Deadlines done for us in such a way that we shall be considered the manufacturer in accordance claims for damages due to intent, gross negligence or culpable injury to life, limb or
4.1 The delivery times specified by us shall be calculated from the time of our order with Section 950 BGB; however, this shall not result in any liabilities for us. If any goods health.
confirmation. We shall only adhere to our delivery and service deadlines if the custom- subject to retention of title are processed, mixed or combined with other items, we shall Part IV. Final Provisions
er properly fulfils their own obligations in a timely manner. acquire co-ownership of the new item in the ratio of the value of the goods subject to 17 Place of Jurisdiction and Applicable Law
4.2 In cases of force majeure, particularly in the event of strikes, lawful lockouts, retention of title to the total value of the goods. The customer shall no longer be author- 17.1 If the customer is a merchant, a legal person incorporated under public law or
official orders, natural disasters, epidemics or pandemics, the contracting party affect- ised to process goods subject to retention of title in the ordinary course of business if an investment fund incorporated under public law, the courts at our registered office
ed shall be released from the obligation to deliver the goods or accept delivery for as the customer stops making payments or if an application is filed for insolvency proceed- shall be the place of jurisdiction for any disputes arising from or in connection with the
long as the event persists. We agree to inform the customer immediately about the ings against the customer’s assets. contract. This agreement on the place of jurisdiction applies exclusively to the customer.
occurrence and expected duration of such events. If such an event persists for longer 10.5.5 We agree to release the securities to which we are entitled if their value exceeds We shall also be entitled to take legal action against the customer at their general place
than three months, each party shall be entitled to withdraw from the contract. In such the claims to be secured by more than 20%. We shall be responsible for choosing the of jurisdiction.
cases, any consideration that has already been provided shall be refunded immediately. securities to be released. 17.2 These terms and conditions are subject to the law of the Federal Republic of
4.3 If we default on a delivery or service due to slight negligence, our obligation to 11 Warranty for Contracts of Sale Germany to the exclusion of the United Nations Convention on Contracts for the
compensate for any damage caused by the delay (compensation in addition to perfor- 11.1 In the event of defects, the customer may assert their statutory warranty rights International Sale of Goods (CISG). If the customer is a consumer whose habitual resi-
mance) shall be limited to a maximum of 5% of the net purchase price of the delayed under Section 434 et seq. BGB; however, the customer may only assert claims for dence is located in a country other than Germany at the time the order is placed,
delivery. Our liability for culpable injury to life, limb or health remains unaffected. Our damages to the extent specified in Part I Section 5 above. however, the application of the mandatory legal provisions of the country in question
liability for compensation in lieu of performance shall be governed by the provisions of 11.2 If the customer is a trader, the following provisions also apply: shall remain unaffected by the choice of law identified in the first sentence.
Section 5 of these terms and conditions. 11.2.1 The customer shall only be able to assert any warranty claims after properly 18 Dispute Resolution in Consumer Contracts
4.4 The delivery of goods is also subject to the provisions of Section 8 (see Part II fulfilling their obligation to inspect the goods and report defects in accordance with 18.1 The European Commission has created an online dispute resolution platform
below). Section 377 of the German Commercial Code (HGB). The customer shall be obliged to that serves as a point of contact for the out-of-court settlement of disputes with consum-
5 Liability inspect the purchased items as soon as they are received. Any defects must be report- ers in relation to contractual obligations arising from online contracts. This is available
5.1 We shall be liable in accordance with the statutory provisions if the customer ed immediately. Otherwise, the goods shall be deemed to have been accepted in per- here: http://ec.europa.eu/consumers/odr/.
asserts any claims for damages based on intent or gross negligence – including intent fect condition, unless the defect was not apparent during the inspection. Any installed 18.2 We are neither obliged nor willing to participate in dispute resolution proceedings
or gross negligence on the part of our legal representatives or vicarious agents – or parts shall not be replaced or repaired if damage would have been detected upon before a consumer arbitration board under the German Act on Alternative Dispute
based on the culpable breach of an essential contractual duty. Essential contractual careful inspection prior to installation. Any hidden defects that were not apparent during Resolution in Consumer Matters (VSBG).
duties are those which must be observed to achieve the purpose of the contract and on a proper inspection must be reported as soon as they are discovered. Any defects must 19 Severability Clause
the observance of which the customer may regularly depend. If we are not guilty of always be reported in writing. If any provisions of these terms and conditions prove to be ineffective, this shall have
intent or gross negligence, our liability for damages in the above cases shall be limited 11.2.2 If a purchased item is defective and the defect is properly reported by the cus- no bearing on the effectiveness of the remaining provisions. Any ineffective provisions
to the foreseeable degree of damage that typically occurs. tomer, we shall be able to choose whether to deliver a replacement or make a repair. shall be replaced by the statutory provisions.
5.2 In the case of liability for culpable injury to life, limb or health, the statutory We shall acquire ownership of any replaced parts. The place of subsequent perfor-
provisions shall remain unaffected; the same applies to cases of mandatory liability mance shall be our registered office. The customer shall only be entitled to withhold
under the German Product Liability Act (ProdHaftG). payments due to a defect to an extent that is appropriate in relation to the defect and Last updated: April 2024
5.3 Unless otherwise stipulated above, we shall not be liable for any damages in relation to the cost of rectifying the situation.
regardless of the legal nature of the claim in question. In case of default, our liability 11.2.3 The customer shall only be entitled to assert any warranty claims if the custom-
shall also be subject to the limitations described in Section 4.3 above. er can prove that the goods were defective when the risk was transferred. In particular,
5.4 The above provisions shall apply accordingly if the customer demands compen- we shall not be liable for any damage caused by improper use, incorrect assembly,
sation of wasted expenses instead of claiming compensation for damages in lieu of inadequate or incorrect maintenance, or any damage caused by natural wear and tear
performance. or unauthorised changes to purchased items (e.g. self-assembly, installation of equip-
5.5 If our liability for damages is excluded or limited, this shall also apply with regard ment and accessories).
to the personal liability of our legal representatives and vicarious agents. 11.2.4 The warranty period applicable to claims for defects shall be 12 months from
www.carbest.de 115