Terms and Conditions
General Terms and Conditions for the Onlineshop of Retromotion GmbH
(Version April 2018)
§ 1 Scope, definitions
(1) The following General Terms and Conditions apply to all business transactions initiated and processed via our Onlineshop between you as customer and us, Retromotion GmbH (hereinafter also referred to as "Retromotion "). The version of these General Terms and Conditions valid at the time the order is placed will apply. Conditions of the ordering party which differ from that version shall not be recognised unless their applicability is expressly agreed by Retromotion .
(2) Our goods and services offered via the Retromotion Onlineshop are intended for consumers as well as entrepreneurs as long as they are end users. For the purposes of these General Terms and Conditions, (i) a "consumer" means any natural person who enters into the contract for purposes that predominantly are outside his trade, business or profession (§ 13 German Civil Code (BGB)) and (ii) an "entrepreneur" means any natural or legal person or a partnership who or which, when entering into the contract, acts in exercise of his or its trade, business or profession (§ 14 paragraph 1 German Civil Code (BGB)).
§ 2 Conclusion of the contract, language of contract
(1) The goods offered in our Onlineshop do not, except where vouchers (Event-, Service-, Performance or Value-Voucher) are offered, represent any offer to conclude a contract yet, but rather merely a solicitation to place an order.
(2) In order to purchase a product from the Onlineshop you select the product you wish to purchase and click “add to basket”. The selected product will then be added to your shopping basket. Once you have finished selecting products, you should click “proceed to checkout”, where you can review all your selected items. If all selected items are correct, you click “[checkout]” to conclude your purchase. You can amend the quantity of products by changing the number within the respective field and click “refresh”. If you want to delete an item from your shopping basket just click “delete”.
If you are a registered user, you can login with your user login. If you are a new customer, you have the opportunity to register as a user or to order as a guest.
Finally when you have entered the correct information and wish to proceed you can order the selected products of your shopping basket. Therefore, you will be shown all the selected products and delivery conditions on an order survey. You will have the chance to correct personal or shipping details. By clicking “buy” you place your order.
(3) With your order, you transmit to us an offer to conclude a sales contract. The sales contract becomes effective upon dispatch of the ordered goods. The confirmation of receipt of your order (order confirmation) does not constitute acceptance of your offer. It serves only to inform you that your order has been received.
(4) The offered vouchers (Event-, Service-, Performance or Value-Voucher) represent an order to conclude a contract. The sales contract becomes effective upon your order.
(5) The language of the contract is the one with which you have logged on (English or German). We save the contract text and send you the order data and our General Terms and Conditions by e-mail. The contract text cannot be accessed by other means.
§ 3 Vouchers (Event-, Service-, Performance or Value-Voucher)
(1) We offer vouchers (Event-, Service-, Performance or Value-Voucher) via our Onlineshop. The voucher can be issued with a certain monetary value or for a certain event, service or performance. The holder of the voucher is entitled to request the respective event, service or performance from the provider or to enter into a service contract for any service offered by the provider he pays for with the Value-Voucher.
(2) You enter into a sales contract with Retromotion over the respective voucher. The performance of the respective event, service or performance is solely upon the provider. The contract to perform the event, service or performance is concluded with the respective provider.
(3) Retromotion has no influence on the conditions for the use of the provider’s services and performance. With respect to the provider’s services and the contract between you and the provider only the respective terms and conditions issued by the provider do apply.
(4) Vouchers can be transferred to other holders.
§ 4 Withdrawal by the consumer, exclusion of the right of withdrawal, right of withdrawal for entrepreneurs
(1) As consumer you have a right of withdrawal. The requirements and legal consequences of the right of withdrawal are listed in the following instructions on withdrawal.
Instructions on withdrawal
Right of withdrawal:
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last goods.
To exercise the right of withdrawal, you must inform us (Retromotion GmbH, Teckstraße 62, Telefon: 0711 205 260 70, E-Mail: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods that can be returned by post. Goods that by their nature cannot be returned by post, you also will have to bear the direct cost of returning the good. The cost is estimated at a maximum of approximately EUR 200.00.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of the instructions on withdrawal
(2) Pursuant to § 312g German Civil Code (BGB), there shall be no right of withdrawal if, among other things, the goods delivered by nature are inseparably mixed with other items after delivery.
(3) Returning procedure:
If you want to return goods that can be returned by post, please contact firstname.lastname@example.org. We will send you an address label via e-Mail. We ask you to print out and use this address label for returning the goods and to frank the package sufficiently.
If you want to return goods that by their nature cannot be returned by post, please also contact email@example.com. We will support you to find an adequate transportation carrier.
Your legal right of withdrawal is not affected by this.
(4) We also offer a right of withdrawal to entrepreneurs. Entrepreneurs can withdraw their contract within 14 days after receiving the goods. Equal requirements and legal consequences as for the right of withdrawal given within the instructions on the right of withdrawal for consumers do apply. Furthermore entrepreneurs have to follow the returning procedure laid out in § 4 (3) of these General Terms and Conditions. Entrepreneurs will have to bear all direct costs of returning the goods irrespective of whether the goods can by their nature be returned by post or not.
§ 5 Prices, terms of payment
(1) Unless agreed otherwise, the standard prices on the day of the conclusion of the contract and contained in the Retromotion Onlineshop apply. The customer shall be deemed to be in default of payment 14 days after the invoice is issued.
(2) Payments can be made by credit card or PayPal. Your credit card account is charged after we have shipped the goods.
(3) You may, as the ordering party, offset claims only if your counterclaims have been finally determined by a court, are uncontested or are acknowledged by us. Furthermore, you are entitled to exercise a right of retention only to the extent that your counterclaim relates to the same contractual relationship.
§ 6 Retention of title
(1) If you are a consumer, the goods shall remain our property until payment has been received in full.
(2) If you are an entrepreneur, the goods shall remain our property until full payment of all of our claims resulting from our contractual relationship have been made by you. You are not authorized to pledge, sell or transfer ownership as security of goods that have been delivered to you under retention of title or to arrange for any other dispositions which might prejudice the right of ownership of Retromotion . In case of any breach of contract, especially default of payment, Retromotion is entitled, without prejudicing its other rights, to rescind from the contract after granting a reasonable grace period. After notification with a reasonable period of notice, Retromotion shall be entitled to utilize the products subject to retention of title in another way to satisfy its claims against the customer which have fallen due.
§ 7 Shipping costs, terms of delivery and service
(1) We deliver our goods exclusively to destinations in member states of the European Union and in Switzerland. For our delivery destinations we refer to our Shipping Costs page.
(2) Shipping costs can vary depending on the delivery region, the delivery method and the nature of the order. For more information on shipping costs, please refer to our Shipping Costs page.
(3) In case of delivery to a non EU destination further custom duties, taxes or further costs can apply that will not be transmitted or invoiced by us. They have to be paid by you to the respective custom or tax authorities. For details please contact the respective authority.
(4) We deliver the goods according to the agreements made with you. Please review your order overview for the time of delivery.
§ 8 Passing of risk and reservation of self-delivery for entrepreneurs
(1) If you are an entrepreneur and Retromotion had to deliver the goods to a place, other than the place of fulfilment the risk of accidental loss and accidental deterioration shall pass to the you as soon as the products have been handed over to the person effecting transport.
(2) If you are an entrepreneur delivery and service deadlines and dates are non-binding, provided that we have not previously designated them expressively as binding. These binding delivery and service deadlines are subject to the reservation of proper and timely delivery on the part of our suppliers, except we are responsible for the improper or untimely delivery on the part of our suppliers. In case of improper or untimely delivery on the part of our suppliers, Retromotion is entitled to rescind from the contract. Retromotion will inform the customer immediately if Retromotion intends to rescind from the contract and will reimburse all advanced payments.
§ 9 Warranty
(1) For consumers the statutory warranty provisions apply.
(2) For entrepreneurs these regulations are applicable for agreements concerning the delivery of goods:
(a) in case of defect we fulfill our warranty by means of subsequent fulfillment. Subsequent fulfillment is carried out by us at our discretion in the form of repair or replacement.
(b) inasmuch as we are not in a position to or are not prepared to perform subsequent fulfillment, then you have the right to choose between cancelling the order or reducing the purchase price. This also applies when subsequent fulfillment fails, is unacceptable to you or when there is a delay for which we are responsible beyond an appropriate period.
(c) claims for defects lapse within one year from delivery of goods. This also applies to claims for damages and reimbursement of expenses caused by defects except in cases of deliberate or grossly negligent breach of duties, infringement of guarantees and/or injury to life, body or health.
§ 10 Liability
(1) We shall be liable for compensatory damages only in the cases of letters a) through d) as follows:
(a) for loss of life, physical injury and/or damage to health as well as for damages resulting from wilful intent or gross negligence, unlimited;
(b) for damages due to failure to comply with any guarantees made in writing, in the amount of your property interest as ordering party, which was covered by the purpose of the guarantee and recognisable for us when we made them;
(c) in cases of product liability, according to the German Product Liability Act (Produkthaftungsgesetz);
(d) for the breach of substantial contractual obligations due to slight negligence, the resulting liability for compensatory damages shall be limited to the damage amount which we typically would have had to expect based on the circumstances known to us at the time of the conclusion of the contract. Substantial contractual obligations are such fundamental obligations as were essential in your decision to conclude the contract and which you could reasonably trust Retromotion to fulfil.
(2) We shall not be liable for compensatory damages of any other kind whatsoever, irrespective of the legal basis.
(3) In the cases described under § 10 (1) letter d), any claims for compensatory damages and reimbursement of expenses are subject to a one-year limitation period. The limitation period commences according to § 199 German Civil Code (BGB).
(4) To the extent that these provisions exclude our liability, they also exclude the liability of our bodies and agents, especially our employees.
§ 11 Privacy
(1) All collection, processing and storage by us of any personal data provided by you complies with the provisions of German data protection legislation.
(2) Use of your personal data is required in order to process the contract concluded with you. Any use beyond that purpose requires your explicit consent. For details about the collected data and their respective use, please refer to our Privacy Statement.
§ 12 Platform for online dispute resolution, participation in dispute resolution procedure
(1) Applicable law obliges us to inform the consumers of the existence of the European online dispute resolution platform, which can be used to resolve disputes without the need to involve a court. The European Commission is responsible for organisation of the platform. Here is the link to the European online dispute resolution platform: http://ec.europa.eu/odr.
(2) We are not obliged to participate in a dispute resolution procedure before a dispute resolution entity for consumers and have therefore decided against voluntary participation.
§ 13 Identity of the provider, contact
(1) The provider of this Onlineshop is
Telefon: +49 (0) 711 205 260 70
VAT No: DE 811603311
Registration court: Amtsgericht Stuttgart HRB 735593
Represented by the general partner: Artur Oswald, Martin Wellhöffer
(2) The foregoing address can be used when filing objections.
§ 14 Final provisions
(1) These General Terms and Conditions are subject to German law without regard to the United Nations Convention on Contracts for the International Sale of Goods (CISG). For you as consumer, this choice of applicable law applies only to the extent that it does not impair the mandatory application of consumer protection regulations of the State in which you as consumer are regularly resided at the time you placed your order.
(2) To the extent that the purchaser is a qualified merchant, the eexclusive place of jurisdiction and all disputes arising out of or in connection with contractual relationship shall be the statutory seat of Retromotion , Stuttgart. Retromotion shall also be entitled to bring an action at the customer's statutory seat and at any other permissible place of jurisdiction.
Retromotion GmbH, Stuttgart