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General Terms and Conditions

General Terms and Conditions for Retail (for the End-user)

I. Basic Provisions (as of 07/12/09)
The Agreement must be concluded with Provider outlined in the Company Details (hereinafter referred to as the “Vendor”).
The following contractual terms and conditions will apply to all agreements concluded between the Vendor and the Purchaser and expressly approved with the purchase order. In the following provisions the term “Consumer” will be understood to mean any natural person entering into a transaction for any purpose other than commercial or independent professional activities.


II.
Concluding an Agreement
An offer of goods by the Vendor via the Internet does not constitute a binding offer for the conclusion of a Purchase Agreement, but is an invitation to submit a Purchase Order (Purchaser’s offer to buy).

You can submit an offer to buy by telephone, in writing, by fax, by email or via the Vendor’s online shop’s integrated order system.

Remember when buying via the online shopping system:
The items you intend to buy will be found in your “Shopping cart”. Using the appropriate button on the navigation bar you can bring up your “Shopping cart” and make changes at any time. Once you have clicked on the “Checkout” screen and provided your personal details and payment and shipping information, your final order details will be displayed once more.

Before you submit your order you can check and make changes to all your details (e.g. name, shipping details, payment method and items ordered) you can also use the “back” button on your Internet browser or you can cancel your order. By submitting your order using the appropriate button, you are submitting a binding offer to the Vendor. You will then receive an automated email receipt of your order. This does not yet constitute a concluded Agreement.

You will be notified of the acceptance of your offer (and conclusion of an Agreement) by written confirmation in which confirmation will be given that your order has either been processed or dispatched.

If you do not receive confirmation of your order or shipment within 10 working days, your order will no longer be legally binding. Any payments already provided at this point will be immediately refunded.
The Agreement will be exclusively in German. The content of the Agreement (order details and T&C) will be stored by the Vendor. This storage is limited, so please print a copy or save the data on your computer.


III. Prices and Delivery Charges

Prices given in respective offers constitute total prices. They include all price components and applicable tax.

Only in the event of international shipping there may be additional taxes (e.g. in the event of intra-community purchases) and/or duties (e.g. customs) to be paid by you not to the Vendor but to the relevant local customs or tax authorities.

Delivery charges are not included in the purchase price. They are available on the “Payment and Delivery Conditions” page. You will be informed of them specifically during the order process and they will be covered by you in addition to the purchase price.


IV.
Payment and Delivery Conditions
You will find the payment and delivery conditions using the relevant button on the navigation bar.
Invoices provided by the Vendor must be paid immediately.

As a consumer, please check whether the delivered goods are complete, have any visible defects or were damaged during delivery and make any complaints to the Vendor and carrier as soon as possible. Your warranty claim rights will remain unaffected.

If you are the consumer, the risk of accidental loss of or damage to the purchased goods during delivery will be transferred to you upon delivery regardless of whether the delivery is insured or not.

If you are not a consumer, delivery and dispatch will be at your own risk.

It is agreed that, in the event that the consumer claims their right to return goods in distance purchase agreements, the consumer shall cover the regular costs of return if the delivered goods correspond to the order, and if the price of the item to be returned does not exceed an amount of 40 Euros, or if the goods are sold at a higher price and, at the time of return, the consumer has not yet paid the purchase price or a contractually agreed instalment payment.


V.
Warranty
1.) The relevant legal provisions will apply.

2.) For used goods, the warranty differs from the legal provisions and will be valid for a period of one year following delivery of the goods.
The one-year warranty period does not apply to damage resulting in loss of life, physical harm or damage to health caused by the Vendor or gross negligence or intentional damage or malice on the part of the Vendor or in the case of right to recourse according to Art. 478, 479 of the German Civil Code.

3.) If you are a company, exceptions to Section 1 apply:

a) With respect to the quality of goods, only information provided by the Vendor and the manufacturer’s product description will be considered binding, no other advertisement, public promotion or manufacturer’s statement will apply.

b) You shall inspect the goods immediately and with due attention to any discrepancy in relation to quality or quantity and shall notify the Vendor in writing within 7 days of receipt of the goods of any visible defect. Timely dispatch will suffice to preserve the period. This also applies to hidden defects identified later, from the time of discovery.
In the event of a breach in the requirement to inspect the goods and notify the Vendor of any complaints, the right to claims against the warranty will be excluded.

c) In the event of a defect, the Vendor shall replace or repair the goods at their own discretion.
In the event that a repair fails twice, you may request a discount or withdraw from the Agreement.
In the event of a repair, the Vendor shall not bear any additional costs resulting from shipment of the goods to a different location other than the original delivery address, unless the shipment corresponds to the intended use of the goods.

d) The warranty will be valid for a period of one year following delivery. Section 2, sentence 2 will apply accordingly.


VI. Reservation of Property Rights
1.) The goods will remain the property of the Vendor until complete payment of the purchase price.

2.) If you are a company, the following shall also apply:

a) The goods will remain the property of the Vendor until complete settlement of all demands arising from any on-going business relationship. The reserved goods may not be used as collateral or security before the transfer of ownership is complete.

b) You may resell the goods as part of ordinary business activities.
In this case, you shall transfer all demands in the amount of the invoice, which accrue to you through the resale of the goods, to the Vendor.
You will be entitled to collect any debts. In the event that you do not properly meet your payment requirements with the Vendor, the Vendor retains the right to collect said debts.

c) In the event of a combination or amalgamation of reserved goods, the Vendor will acquire co-ownership of new goods in the proportion that the invoice value of the reserved goods bears to the other processed objects at the time of processing.

d) The Vendor shall release any securities to which the Vendor is entitled upon your request provided that the value of the Vendor’s security exceeds the claim so secured by more than 10%. The choice of securities to be released will be at the Vendor’s discretion.


VII. Liability Limitations
1.) The Vendor shall be completely liable for any damages resulting in loss of life, physical harm or damage to health insofar as the Vendor has deliberately concealed a defect or has provided a guarantee on the quality of the goods sold, in all cases of intent or gross negligence, for any damages under the German Product Liability Act or any other applicable legal provision.

2.) In the event of essential obligations within the Agreement which, if breached, would endanger the object of the Agreement, the Vendor's liability will be limited to contractually typical and foreseeable damages in the event of minor negligence.

3.) In the event of a breach of non-essential contractual obligations, any liability for minor negligence will be excluded.

4.) In its current state, error-free and/or continual availability of data communication over the Internet cannot be guaranteed. The Vendor shall not be liable in this respect for any interruption to the availability of the website or any services offered thereby.


VIII. Place of Performance and Jurisdiction
German law will apply to the exclusion of the UN Convention on the International Sale of Goods.
The choice of this law will only apply to consumers insofar as the relevant provisions of the law of the state of their habitual residence does not provide them with the protection granted thereby (favourability principle).
The place of performance of all services arising from the business relationship with the customer as well as the place of jurisdiction will be the location of the Vendor’s head office unless the customer is not a consumer but a businessperson, legal person in public law or a public law asset.
The same will apply in the event that the customer has no general jurisdiction in Germany or the EU or the customer’s place of permanent or habitual residence is unknown at the time the complaint is filed. The power to petition the court of a different lawful jurisdiction shall remain unaffected.

General Terms and Conditions for Wholesale (for the Tradesperson)

Section 1 General Provisions
The contractual provisions herein apply exclusively to companies, legal persons under public law and public law assets. All deliveries and services provided will be subject solely to the T&C herein. Other business terms will not apply. You will find details of our offers within the relevant product description. All offers are subject to change and non-binding.

Section 2 Prices and Payment
All prices are displayed plus VAT and additional delivery charges. Any customs duties for non-EU delivery will be covered by the customer. You will receive an invoice including the relevant VAT. The invoice must be paid immediately unless otherwise stated on the invoice. Any costs incurred through international transactions will be covered by the invoice recipient. We will accept no cost sharing.

Section 3 Delivery and Transfer of Risk
Delivery will be ex works (EXW).

Section 4 Warranty/Inspection and Notification Obligations
(1) The warranty will be in accordance with the measures outlined in the legal provisions. In the event of a claim on the warranty, we shall repair or replace the goods at our discretion. In the event of a failure in supplementary services, the legal provisions will apply.
(2) The warranty for new goods will be valid for a period of 1 year. No warranty will apply to used goods. The aforementioned provision will not apply in the event that the law in accordance with Art 438 Par. 1 No. 2 of the German Civil Code (Buildings and Object for Buildings), Art. 479 Par. 1 of the German Civil Code (Right to Recourse) and Art. 634a Par. 1 of the German Civil Code (Structural Defects) stipulate compulsory longer periods.
(3) The customer shall inspect the object of the Agreement immediately upon receipt and shall immediately notify the Vendor of any defect. In the event that defect is not immediately reported upon receipt, the customer shall waive the right to make a claim against the warranty unless said defect could not be found during inspection. In the event that a defect is discovered later it must be immediately reported upon discovery; otherwise the goods will be considered approved regardless of said defect. The obligation to inspect and report will also apply to any installation and operating instructions.

Section 5 Liability
The contractual and extra-contractual liability will be restricted to intent and gross negligence insofar as this does not relate to the breach of an essential contractual obligation or to loss of life, physical harm or damage to health. This will also apply to the Vendor’s agents. This will not affect the liability under the German Product Liability Act, pre-contractual liability and liability in relation to expressed statements in the warranty.

Section 6 Extended Reservation of Property Rights
(1) Goods will remain the property of the Vendor until complete payment is made
(2) The purchaser will be entitled to resell the goods within ordinary business activities. The purchaser shall transfer any claims against third parties arising from the resale of goods to the Vendor in the amount of the relevant invoice (inc. VAT) and regardless of whether said resale is conducted without or before processing. Notwithstanding said transfer the purchaser will be entitled to collect said debts.
(3) Insofar as the property rights have not been transferred, the customer shall immediately notify the Vendor in writing if the delivered goods are pledged or subject to interference by a third party. In the event that a third party is unable to pay the Vendor the legal and extrajudicial costs according to Art. 771 of the German Code of Civil Procedure, the customer shall be liable for any loss incurred by the Vendor.
(4) Any handling, processing or transformation of the purchased goods by the customer will be on our behalf. In this case the customer’s remainder against the purchased goods will continue against the transformed goods. In the event that the purchased goods are combined with items not owned by the Vendor, the Vendor will acquire co-ownership in the new property in relation to the objective value of the purchased goods to the other processed goods at the time of processing. This will also apply in cases of mixing. If mixing is conducted in such as a way that customer’s item becomes the main item, it will be agreed that the customer shall transfer to the Vendor proportional joint ownership and shall hold the resulting joint ownership or sole ownership on behalf of the Vendor. In order to secure our demands against the customer, the buyer shall transfer such demands to us as accrue to him against a third party through the combining of the reserved goods with a parcel of real property; we will accept such assignment immediately.

Section 7 Data Protection
In the event of submission of personal data, this data will be treated as confidential in accordance with the provisions of the German Data Protection Regulations. Personal data will only be taken and used if necessary for creating and developing an Agreement. The user may request information relating to their personal data stored at any time. In addition, the user may request that this data be deleted upon completion of an Agreement if said data is no longer required.

Section 8 Final Provisions
German law will apply to the exclusion of the UN Convention on the International Sale of Goods.
If the customer is a businessperson, legal person under public law or a public law fund, the place of jurisdiction will exclusively be the location of the Vendor’s head office for all claims arising from the Agreement. This will also apply to persons with no jurisdiction in Germany or persons who following conclusion of the Agreement have their place of permanent or habitual residence outside of Germany or said residence is unknown.
In the event that a provision of the Agreement herein becomes wholly or partially invalid or loses its legal validity at a later point, the validity of the remaining provisions will remain unaffected.
The Vendor’s packaging is licensed according to Art. 6 Par. 3 of the Regulation on Packaging of 01/01/2009 to use the EKO-PUNKT dual system.