AGB (General Terms and Conditions)
This translation is provided for convenience only. The German version is legally binding.
This is a courtesy translation of our German terms. In the event of any discrepancy, the German version at rimaal.de is legally binding.
Table of contents:
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Applicable Law
9. Alternative Dispute Resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Protrade Deutschalnd GmbH, trading as "Protrade Deutschland GmbH" (hereinafter "Seller"), apply to all contracts for the supply of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller in respect of the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the Customer submits a legally binding contractual offer for the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone, fax, e-mail or online contact form.
2.3 The Seller may accept the Customer's offer within five days,
by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends on expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that is selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer already at the point in time at which the Customer clicks the button that concludes the ordering process.
2.5 When an offer is submitted via the Seller's online order form, the Seller stores the text of the contract after conclusion of the contract and sends it to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The Seller does not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login details.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries as part of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct, so that e-mails sent by the Seller can be received at that address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3. Right of Withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy (Widerrufsbelehrung).
4. Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs that may apply will be stated separately in the respective product description.
4.2 The available payment method(s) will be communicated to the Customer in the Seller's online shop.
5. Delivery and Shipping Conditions
5.1 Goods are delivered by shipment to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified during the Seller's order processing is decisive for the handling of the transaction.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of the outbound shipment where the Customer effectively exercises their right of withdrawal. As regards the costs of returning the goods, in the event of the Customer effectively exercising the right of withdrawal, the provision made in this respect in the Seller's cancellation policy (Widerrufsbelehrung) shall apply.
5.3 In the case of collection in person, the Seller will first inform the Customer by e-mail that the goods ordered are ready for collection. After receiving this e-mail, the Customer may collect the goods at the Seller's premises by arrangement with the Seller. In this case, no shipping costs will be charged.
6. Retention of Title
Where the Seller renders performance in advance, it retains title to the goods delivered until the purchase price owed has been paid in full.
7. Liability for Defects (Warranty)
7.1 If the item purchased is defective, the statutory provisions on liability for defects shall apply.
7.2 The Customer is requested to report goods delivered with obvious transport damage to the carrier and to notify the Seller of this. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual claims for defects.
8. Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the law on the international sale of goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
9. Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
9.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.