General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Racoon Cleaning Products UG) via the website www.racoon-cleaner.com. Unless otherwise agreed, the inclusion of any own terms and conditions used by you is contradicted.
(2) Consumer in the sense of the following regulations is each natural person, who concludes a legal transaction for purposes, which can be added predominantly neither their commercial nor their independent vocational activity. Entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The object of the contract is the sale of goods and/or the provision of repair services.
(2) Already with our listing of the respective product on our website, we make you a binding offer to conclude a contract under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods and/or repair services intended for purchase are stored in the "shopping cart". Via the corresponding button in the navigation bar you can call up the "shopping cart" and make changes there at any time.
After calling up the page "Go to checkout" and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page.
If you use PayPal as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If the forwarding takes place to the respective instant payment system, you make there the appropriate selection and/or input of your data. Finally, you will be redirected back to our online shop to the order overview page. Before submitting your order, you have the option of checking all details again, changing them (also via the "back" function of the Internet browser) or canceling the purchase.
By sending the order via the "Buy Now" button, you declare your legally binding acceptance of the offer, which results in the conclusion of the contract.
(4) Your enquiries regarding the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of the e-mails is technically ensured and in particular is not prevented by SPAM filters.
§ 3 Provision of repair services
(1) Insofar as repair services are subject of the contract, we shall owe the repair work resulting from the service description. We perform these to the best of our knowledge and belief personally or through third parties.
(2) In particular, you must describe the defect on the device as comprehensively as possible and make the defective device available.
(3) You assume the costs for sending the defective device to us.
§ 4 Right of retention, reservation of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorised to collect the claim. If you do not meet your payment obligations properly, we reserve the right, however, to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released shall be incumbent upon us.
§ 5 Warranty
(1) The statutory liability for defects exists.
(2) Insofar as you are an entrepreneur, the following shall apply in deviation from paragraph 1:
a) Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public praise or statements by the manufacturer.
b) You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods in text form (e.g. e-mail); timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered later upon discovery. The assertion of warranty claims shall be excluded in the event of violation of the obligation to inspect and give notice of defects.
c) In the event of defects, we shall, at our discretion, provide warranty by repair or replacement. If the remedy of the defect fails, you may, at your option, demand a reduction in the purchase price or withdraw from the contract. After a second unsuccessful attempt, the remedy of the defect shall be deemed to have failed if nothing to the contrary results, in particular, from the nature of the item or the defect or other circumstances. In the event of rectification, we do not have to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
d) The warranty period shall be one year from delivery of the goods. The shortened warranty period shall not apply to culpably caused damages attributable to us arising from injury to life, limb or health and to damages or malice caused by gross negligence or wilful intent, as well as to recourse claims pursuant to §§ 478, 479 BGB (German Civil Code).
(3) If you are an entrepreneur, the following shall apply to repair services deviating from paragraph 1:
You are obliged to examine the service rendered immediately and with due diligence and to report obvious defects and malfunctions within 7 days of becoming aware of or being able to become aware of them in text form (e.g. e-mail); timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date.
The assertion of warranty claims is excluded in the event of violation of this obligation to give notice of defects.
§ 6 Liability
(1) We shall in each case be liable without limitation for damages resulting from injury to life, limb or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of warranty for the quality of the object of purchase and in all other cases regulated by law.
(2) Liability for defects within the scope of the statutory warranty is governed by the corresponding provision in our customer information (Part II) and General Terms and Conditions (Part I).
(3) Insofar as material contractual obligations are concerned, our liability in the event of slight negligence shall be limited to the foreseeable damage typical of the contract. Essential contractual obligations are essential obligations which result from the nature of the contract and the breach of which would endanger the achievement of the purpose of the contract as well as obligations which the contract imposes on us in accordance with its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and the observance of which you may regularly rely on.
(4) In the event of a breach of insignificant contractual obligations, liability shall be excluded in the event of slightly negligent breaches of duty.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. We are therefore not liable for the constant or uninterrupted availability of the website and the services offered there.
§ 7 Choice of Law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Racoon Cleaning Products Ug Haftungsbeschränkt
66121 Saarbrücken Deutschland / Germany
Tel. +49 (0) 681 755 907 30
Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract language, Contract text storage
3.1.The contract language is German.
3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved via the browser's print function. After receipt of the order by us, the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. If you request an offer outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the good or service
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment methods
5.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless delivery free of shipping costs is promised.
5.3. The payment methods available to you are indicated under a correspondingly marked button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are immediately due for payment.
6. Terms of Delivery
6.1. The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under an appropriately marked button on our website or in the respective offer. 6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment. If you are an entrepreneur, delivery and dispatch are at your risk.
7. Legal Liability for Defects
7.1.The liability for defects for our goods and repair services is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
7.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you do not comply, this will have no effect on your statutory warranty claims.
Last modified: November 2018