Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you enter into with us as the provider (Ramirez Handels GmbH) via the website https://www.ramirezhandels-gmbh.de/, unless a modification is agreed upon in writing between the parties. Deviating or opposing terms and conditions are only effective with our express consent.
(2) We offer our products for sale only if you are a natural or legal person or a legally capable partnership acting in the course of your commercial or independent professional activity when concluding the legal transaction (entrepreneur). A contract conclusion with consumers is excluded.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.
(2) Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) You can submit a binding contractual offer (order) by phone, email, fax, mail, or through the online shopping cart system.
When purchasing through the online shopping cart system, the goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time. After accessing the "checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order summary page.
Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order in the order overview. By submitting the order via the corresponding button, you make a binding offer to us.
You will initially receive an automatic email confirming the receipt of your order, which does not yet lead to the conclusion of a contract.
(4) The acceptance of the offer (and thus the conclusion of the contract) occurs immediately for orders placed by phone or at the latest within 5 days by confirmation in text form (e.g., email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound to your order. Any services already rendered will be refunded immediately in this case.
(5) Upon request, we will create an individual offer for you, which will be sent to you in text form and to which we will be bound for 5 days (unless a different period is specified in the respective offer). You accept the offer with confirmation in text form.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is done via email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular, that it is not blocked by SPAM filters.
§ 3 Prices, Payment Terms, and Shipping Costs
(1) The prices listed in the respective offers as well as the shipping costs are net prices. They do not include the statutory value-added tax.
(2) The shipping costs incurred are not included in the purchase price; they will be calculated separately unless free shipping has been promised. Further details can be found under a correspondingly labeled button on our website or in the respective offer.
6.3. If delivery occurs to countries outside the European Union, additional costs may arise that we cannot be held responsible for, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4. Costs incurred for money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but the payment was initiated outside the European Union.
(5) You have the payment options specified under a correspondingly labeled button on our website or in the respective offer. Unless a different payment term is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permissible if expressly stated in the respective offer or invoice.
§ 4 Delivery Conditions
(1) The estimated delivery time is indicated in the respective offer. Delivery dates and delivery times are only binding if they have been confirmed by us in writing. For the payment method of prepayment by bank transfer, the dispatch of the goods will only take place after the full purchase price and shipping costs have been received by us.
(2) If a product you ordered is unexpectedly unavailable despite timely completion of an adequate covering transaction for reasons not attributable to us, you will be informed immediately about the unavailability, and in the event of withdrawal, any payments already made will be refunded immediately.
(3) The shipment is at your risk. If you wish, the shipment can be made with appropriate transport insurance, with the costs incurred thereby to be borne by you.
(4) Partial deliveries are permissible and can be invoiced by us independently, provided that you are not burdened with additional shipping costs.
§ 5 Warranty
c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:
- for damages caused by us that are culpably attributable to the violation of life, body, or health and for other damages caused intentionally or through gross negligence;
- to the extent that we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- for items that have been used in accordance with their usual purpose for a construction project and have caused its defects;
- for statutory recourse claims that you have against us in connection with warranty rights.
a) Only our own specifications and the product description of the manufacturer are considered agreed as the quality of the goods, not other advertising, public promotions, and statements by the manufacturer.
b) In case of defects, we provide warranty at our discretion through repair or replacement. If the defect removal fails, you can choose to demand a reduction or withdraw from the contract. The defect removal is considered failed after an unsuccessful second attempt, unless something else arises particularly from the nature of the goods or the defect or the other circumstances. In the case of repair, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.
§ 4 Right of Retention, Retention of Title
(1) You can only exercise a right of retention to the extent that it concerns claims arising from the same contractual relationship.
a) We retain ownership of the goods until all claims from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already assign all claims in the amount of the invoice amount that arise from the resale to us, we accept the assignment. You are further authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies, excluding the UN Sales Convention.
(2) The place of performance and the jurisdiction is our registered office, as far as you are a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general jurisdiction in Germany or the EU.
§ 7 Youth Protection
(1) When selling goods that fall under the regulations of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age.
Existing age restrictions are indicated in the respective item description.
(2) By submitting your order, you confirm that you have reached the legally required minimum age and that your information regarding your name and address is correct. You are obliged to ensure that only you or those authorized by you to receive the delivery, who have reached the legally required minimum age, accept the goods.
(3) To the extent that we are required by law to conduct an age verification, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally required minimum age, and to request the identification of the person receiving the goods for age verification in case of doubt.
(4) Insofar as we indicate in the respective item description that you must be at least 18 years old to purchase the goods, the preceding paragraphs 1-3 apply with the provision that instead of the legally required minimum age, you must be of legal age.
II. Customer Information
1. Identity of the provider
Ramirez Handels GmbH
Talstr. 68
79286 Glottertal
Germany
Phone: 017643668430
E-Mail: service@ramirezhandels-gmbh.de
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract and the conclusion of the contract itself, as well as the correction options, are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. Language of the Contract, Storage of the Contract Text
3.1. The language of the contract is German.
3.2. The complete text of the contract is not stored by us. Before submitting the order or inquiry, the contract data can be printed or electronically saved using the print function of the browser.
These GTC and customer information were created by the lawyers specialized in IT law of the Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 01.01.2022