Applicability for consumers
§ 1 Validity, definition of terms
(1) relyon plasma GmbH, managing director: Dr. Stefan Nettesheim / Dipl.-Ing. Klaus Forster, Osterhofener Straße 6, 93055 Regensburg, Deutschland / Germany (hereinafter: “RP”) operates an online shop for goods and services on the website https://www.relyon-plasma.com/shop.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
(3) “Entrepreneur” is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in exercise of their commercial or independent professional activity, whereby a legal partnership is a partnership that is equipped with the ability to acquire rights and take on liabilities.
(4) The following general terms and conditions apply to all services between RP and consumers (hereinafter: “Customer” or “You”) in the version valid at the time of the order, unless otherwise expressly agreed.
§ 2 Conclusion of contracts, storage of the contract text
(1) The following provisions on the conclusion of a contract apply to orders via our online shop at https://www.relyon-plasma.com/shop.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) When an order is received in our online shop, the following rules apply: The customer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop. The order takes place in the following steps:
1. Selection of the desired goods, the selected service (s),
2. Adding the products by clicking the appropriate button (e.g. “In the shopping cart”, “In the shopping bag” or similar),
3. Checking the information in the shopping cart,
4. Calling up the order overview by clicking the appropriate button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
5. Entering / checking the address and contact details, selecting the method of payment, confirming the terms and conditions and cancellation policy,
6. Complete the order by clicking the “Buy now” button. This represents your binding order.
7. The contract is concluded when you receive an order confirmation from us at the specified email address within three working days.
(4) If the contract is concluded, the contract with RP is concluded.
(5) Before ordering, the contract data can be printed out using the browser’s print function or saved electronically. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, is carried out by e-mail after you have placed the order, partly automatically. We do not save the contract text after the contract is concluded.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s »back button«). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Subject of the contract and essential characteristics of the products
(1) The subject matter of our online shop is:
a. Sales of goods. The specific goods offered can be found on our article pages.
b. The provision of services. You can find the specific services offered on our article pages.
(2) The essential characteristics of the goods and services can be found in the item description.
(3) For the sale of digital products, the restrictions apparent from the product description or otherwise resulting from the circumstances apply, in particular to hardware and / or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all taxes.
(2) The respective purchase price must be paid prior to delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due for payment immediately.
(3) When purchasing on account, the minimum order value is € 0.00 and the maximum order value is € 0.00 for this type of payment.
(4) In addition to the prices quoted, shipping costs may apply for the delivery of products, unless the respective article is shown as free of shipping costs. The shipping costs will be clearly stated on the offers, possibly in the shopping cart system and on the order overview.
(5) Unless clearly stated otherwise in the product description, all products offered are ready for dispatch immediately (delivery time: 3-4 working days after receipt of payment or after receipt of the order for a purchase on account).
(6) The following delivery area restrictions apply: Delivery takes place in the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus, Austria.
§ 5 right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 right of withdrawal
As a consumer you have a right of withdrawal. This is based on our cancellation policy.
§ 7 liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations as well as for tortious acts is limited to intent or gross negligence.
(2) We have unlimited liability for slight negligence in the event of injury to life, limb, health or in the event of a breach of an essential contractual obligation. If we are in default with the service, the service has become impossible or we have violated an essential contractual obligation, the liability for property and financial damage attributable to this is limited to the foreseeable damage typical for the contract in the case of only slight negligence. An essential contractual obligation is one, the fulfillment of which enables the proper execution of the contract in the first place, the violation of which jeopardizes the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes in particular our duty to act and to fulfill the contractually owed service, which is described in § 3.
§ 8 contract language
As contract language German will be available exclusively.
§ 9 Warranty / Customer Service
(1) The guarantee is based on the statutory provisions.
(2) As a consumer, you are asked to check the item / digital goods or the service provided for completeness, obvious defects and transport damage immediately upon fulfillment of the contract and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this will of course not affect your statutory warranty claims.
(3) Our customer service for questions, complaints and objections is available to you at email@example.com / +49 941 600 98 0.
§ 10 final provisions
(1) German law applies. In the case of consumers, this choice of law only applies insofar as this does not remove the protection granted by the mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle). The place of performance for all contractual obligations is the headquarters of RP in Regensburg.
(2) Should a provision of the concluded contract within the scope of these General Terms and Conditions of Sale and Delivery be wholly or partially ineffective, this shall not affect the validity of the remaining provisions. In place of the ineffective or void provision, there shall be the legally effective provision that the contractual partners would have agreed upon in accordance with the economic objectives of the contract and the purpose of these general terms and conditions of sale and delivery. The same applies to the case of a regulatory gap.
Regensburg, September 28th, 2020