GTC
Rausch GmbH
General Terms and Conditions for the online shop www.rausch.de (for private customers)
1. Applicability
1.1. These provisions apply to purchase agreements concluded between Rausch GmbH (hereinafter “we”) and you as a customer, effected through the online shop at www.rausch.de.
1.2. These terms and conditions apply on an exclusive basis. Any deviating, supplementary or conflicting provisions of yours shall not be contractual components unless we expressly acknowledge their applicability.
1.3 These terms and conditions apply to consumers and entrepreneurs unless otherwise specified in the relevant clause below.
1.4. As a customer, you are a consumer if the purpose of the deliveries and services ordered cannot be attributed to your commercial or independent professional activity. By contrast, an entrepreneur is any natural person, corporate body or incorporated partnership acting in its independent professional or commercial interests by concluding a transaction.
2. Contractual parties
2.1. This contract shall be concluded with the RAUSCH GmbH, Wolframstrasse 95-96, 12105 Berlin, Germany, entry in commercial register: Amtsgericht Charlottenburg (local court), HRB 63638 B.
2.2. The managing directors Robert Rausch and Thomas Seeliger are the legal representatives.
3. Contractual language
The contractual language is English.
4. Offer and conclusion of contract
4.1. You can choose products from our range and click on ‘Shopping cart’ to add them to a virtual basket (hereinafter referred to as ‘Basket’). You can specify your address details, delivery address and payment method after clicking “To the shopping cart” or “Proceed to Checkout”. By clicking on “Send order” you are placing a binding offer to purchase the goods in the Basket. Before placing the order, you can view and change details at any time. However, you can only place an order upon confirming that you have read and accepted these General Terms and Conditions and if you consent to the automatic processing of your data by us (by entering the details in your order).
4.2. As soon as your order has been placed, it will be confirmed and accepted immediately in the form of an automated email. Once this email has been sent, a purchase contract has been concluded between you and us.
5. Right of cancellation
Consumers have a two-week right to cancel any orders placed through our online shop.
For Rausch subscriptions:
Cancellation policy
Right of cancellation
You are entitled to cancel this contract within fourteen days, without stating reasons. The cancellation period is fourteen days from the day that you, or any third party authorised by you other than the carrier, has accepted delivery of the first item(s) of your order. To exercise your right of cancellation, you must notify us (Rausch GmbH, Wolframstrasse 95-96, 12105 Berlin, Germany, phone +49 (0)30 757 88 2411, [email protected]) of your decision to cancel this contract by means of a clear statement (sent, for instance by surface mail or email). To do so, you may use the attached standard cancellation form, although you can also use a different wording. To stay within the cancellation period, it is sufficient for you to send off your cancellation notice before the end of the cancellation period.
Consequences of cancellation:
If you withdraw from this contract, we are obliged to refund all payments we have received from you, including the shipping charges (except for additional costs arising if you chose a shipping method other than the most cost-efficient standard delivery offered by us); we must do so without delay and no later than within fourteen days from the day on which we received your notice of cancellation. Unless expressly agreed otherwise, we shall reimburse you under the same method of payment which was used by you in the initial payment transaction; under no circumstances will you be charged fees for such reimbursement. We may withhold the refund until the goods have been returned to us or until you have provided proof of dispatch, whichever comes first. You must ship or deliver the goods back to us immediately and in any event no later than fourteen days from the date on which you notify us that you are cancelling this contract. The deadline shall be considered kept if you dispatch the goods before the fourteen-day deadline has expired. You bear the direct cost of returning the goods. You shall only be liable for the potential loss in value when a test of the condition, characteristics and functioning of the goods shows that the loss in value was due to improper handling by yourself
– End of cancellation policy –
You can download the standard cancellation form from our website: https://rausch.de/media/pdf/revocationform.pdf
For all other purchases:
Cancellation policy
Right of cancellation
You are entitled to cancel this contract within fourteen days, without stating reasons. The cancellation period is fourteen days from the day that you, or any third party authorised by you other than the carrier, has accepted delivery of the final item(s) of your order. To exercise your right of cancellation, you must notify us (Rausch GmbH, Wolframstrasse 95-96, 12105 Berlin, Germany, phone +49 (0)30 757 88 2411, [email protected]) of your decision to cancel this contract by means of a clear statement (sent, for instance by surface mail or email). To do so, you may use the attached standard cancellation form, although you can also use a different wording. To stay within the cancellation period, it is sufficient for you to send off your cancellation notice before the end of the cancellation period.
Consequences of cancellation:
If you withdraw from this contract, we are obliged to refund all payments we have received from you, including the shipping charges (except for additional costs arising if you chose a shipping method other than the most cost-efficient standard delivery offered by us); we must do so without delay and no later than within fourteen days from the day on which we received your notice of cancellation. Unless expressly agreed otherwise, we shall reimburse you under the same method of payment which was used by you in the initial payment transaction; under no circumstances will you be charged fees for such reimbursement. We may withhold the refund until the goods have been returned to us or until you have provided proof of dispatch, whichever comes first. You must ship or deliver the goods back to us immediately and in any event no later than fourteen days from the date on which you notify us that you are cancelling this contract. The deadline shall be considered kept if you dispatch the goods before the fourteen-day deadline has expired. You bear the direct cost of returning the goods. You shall only be liable for the potential loss in value when a test of the condition, characteristics and functioning of the goods shows that the loss in value was due to improper handling by yourself
– End of cancellation policy –
You can download the standard cancellation form from our website: https://rausch.de/media/pdf/revocationform.pdf
6. Prices and delivery charges
The prices specified in our online shop are inclusive of German VAT and any other necessary price components. Shipping is free within Germany. If a shipment goes to a destination outside Germany, the charges will be communicated to you separately and clearly. They are specified in our online shop, under “Terms of payment and delivery” and in the order summary.
7. Methods of payment
7.1. Unless agreed otherwise, payment of the purchase price shall be due immediately upon conclusion of the contract. Payment shall be made via the selected method of payment.
7.2. You shall only be entitled to offset if your counter-claims have been recognised in a legally binding manner, if they are undisputed or if they have been acknowledged by us.
7.3. You may only exercise a right of retention if the claims are based on the same contractual relationship.
8. Delivery and transfer of risk
8.1. If we indicate delivery deadlines and use them as the basis of the order, then those deadlines shall be extended for the duration of the delay in the event of strike action and in cases of force majeure. The same shall apply if you fail to fulfil any obligations to cooperate.
8.2. If you are an entrepreneur, delivery shall be from our warehouse, which shall also be the place of fulfilment. At your request and at your expense, the goods can be shipped to a different delivery address (applies to sales by delivery). Unless agreed otherwise, we are entitled to use our own discretion when selecting the method of shipment (especially the carrier, shipping route and packaging).
8.3. If you are a consumer, the risk of accidental destruction or degradation of the goods shall transfer to you at the point of delivery. In a mail order, if you are an entrepreneur, the risk of accidental destruction or degradation of the goods and the risk of delay shall transfer to the carrier, freight forwarder or other party/establishment engaged in carrying out delivery as soon as shipment has been effected.
8.4. If your acceptance of goods is delayed, the goods shall nevertheless be regarded as delivered.
9. Retention of title
We reserve ownership of the sold goods until payment has been made in full of all current and future accounts receivable arising from the purchase agreement and any ongoing business relations (secured claims).
10. Rausch subscription
10.1. By ordering a Rausch subscription, you enter into a contract with us for the regular delivery of a selection of Rausch products for the price stated.
10.2 Once you have taken out a subscription, you will receive your first delivery within the time stated for standard delivery. Subsequent deliveries will be dispatched every eight weeks following the day of your initial order.
10.3. Payment for the first delivery of the subscription will be due when the contract is entered; the payments for subsequent deliveries will each be due eight weeks after that. We will deduct payments from your account when they are due via SEPA direct debit or PayPal.
10.4. The contractual period is indefinite, with a minimum period of four months (two deliveries). The subscription can be cancelled with a notice period of eight weeks.
The right to extraordinary termination for cause remains unaffected. Cause for extraordinary termination will exist for us if a) for two consecutive payments, you are in arrears for the payment of the agreed amounts either in their entirety or at least 30% of the total of both payments, b) you revoke your direct debit authorisation for us to deduct subscription payments or c) we are unable to deliver to the delivery addressed provided after two attempts.
10.5. We reserve the right to change the conditions of the contract, the associated service descriptions, and the prices at any time without stating reasons. We will inform you promptly of these new contractual conditions at least six weeks before they are intended to come into effect. If you do not object to the changes within four weeks of being informed of said changes, they will be considered accepted. When we inform you of any changes, we will also inform you of the significance of your non-response as well as the intended time for the changes to come into effect. If you object to the changes, existing contractual conditions will continue to apply. However, we reserve the right to terminate the contractual relationship on our part at the next available opportunity through the normal procedure.
11. Contractual text
The contractual text shall be stored on our internal systems. You can view our General Terms and Conditions on our website at any time. You will be sent the order details and our General Terms and Conditions by email. For security reasons, after the conclusion of the order, your order details shall no longer be available online.
12. Warranties and guarantees, customer service hotline
As a purchaser, you shall have recourse to the statutory rights if the goods prove to contain defects. We do not provide guarantees unless expressly stated in the product description of the article in question. If you have any questions, queries or complaints, you can contact our hotline at the following times:
Telefon +49 30 757 88 2411
Fax +49 30 757 88 1101
E-Mail: [email protected]
13. Online Dispute Resolution (Sec. 14, Para. 1, of the ODR Regulation) and consumer dispute resolution
13.1 The European Commission has introduced a platform for online dispute resolution at ec.europa.consumers/odr/
13.2. We are, in principle, willing to take part in a dispute resolution procedure before a consumer arbitration administrator.
14. Place of jurisdiction
14.1. These General Terms and Conditions and all legal relations between us and you shall be subject to the law of the Federal Republic of Germany, at the exclusion of the UN Convention on Contracts for the International Sale of Goods and the provisions of private international law as they would lead to the applicability of non-German law. If you are a consumer, this does not apply if special consumer protection regulations in your home country are more favourable (Introductory Law to the German Civil Code, EGBGB, Art. 29).
14.2. For contracts with businesspeople within the meaning of the German Commercial Code (HGB), corporate bodies under public law and special funds under public law, the exclusive place of jurisdiction shall be the competent court in Berlin. The same shall apply if you have no place of general jurisdiction in Germany or if, after the conclusion of the contract, you relocate your domicile or habitual place of residence or if your domicile or habitual place of residence is unknown at the time of the lawsuit being filed. We are also entitled to file lawsuits against you at the competent court at your domicile.
Last amended: March 2016