§1 Scope of application
For the business relationship between RIANI GmbH, Riani Platz 1, 73614 Schorndorf, Germany, telephone: +49 (0)7181-93 884-0, registered in the commercial register of the Stuttgart Local Court under HRB 280462, represented by the managing directors Jürgen Buckenmaier, Martina Buckenmaier and Mona Buckenmaier, VAT no.: DE146624079 (hereinafter referred to as "Seller") and the purchaser (hereinafter referred to as "Customer") of goods. Identification No.: DE146624079 (hereinafter: "Seller") and the purchaser (hereinafter: "Customer") of goods via the online sales platform at www.riani.com (hereinafter: "RIANI Onlineshop"), the following General Terms and Conditions (hereinafter: "GTC") apply exclusively in the version valid at the time of the order.
The following GTC do not apply to orders or other business relationships that are made outside the RIANI online shop with RIANI GmbH or its contractual partners.
Customer service for the RIANI online store is handled by the seller, whom the customer can contact with questions, requests or complaints: RIANI GmbH, Riani Platz 1, 73614 Schorndorf, Germany, Phone: +49 (0)7181-93 884-77, Fax +49 (0)7181-93 88 440, Email: tina@riani.com.
Goods within the meaning of these GTC are all products and services that can be purchased as part of an online order in the RIANI online shop.
The range of goods offered in the RIANI online shop is aimed exclusively at consumers of legal age who have a residential address in Germany, Austria, Belgium, Luxembourg, Poland, the Netherlands, France, Italy or Spain and who can provide a delivery address in the territory of the Federal Republic of Germany, Austria, Belgium, Luxembourg, Poland, the Netherlands, France, Italy or Spain. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to a commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.
§2 Conclusion of contract
The presentation of goods in the RIANI online store is merely an invitation to the customer to submit offers to conclude a purchase contract for the goods presented.
The customer can select goods from the seller's range and collect them in a so-called electronic shopping basket using the "add to basket" button. By clicking on the "order with obligation to pay" button, the customer submits a binding offer to purchase the goods in the shopping basket (hereinafter "order"). Before submitting the order, the customer can view and check their order entries in a summarised order overview and then correct or change them at any time. Changes can be made at any time in the order summary. The order can only be submitted and transmitted if the customer has accepted these GTC by clicking on the "Accept GTC" button and has thereby included them in their order. Goods shall only be supplied in normal household quantities.
After placing the order, the seller sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the customer's offer.
The contract between the customer and the seller is only concluded when the seller issues a declaration of acceptance. The seller declares acceptance by sending an invoice to the customer by e-mail. In this e-mail or a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and dispatch confirmation) is sent to the customer by the seller on a permanent data carrier (e-mail or paper printout) (hereinafter: "contract confirmation"). The text of the contract is stored by the seller in compliance with data protection regulations.
The contract is concluded in German. The customer agrees to receive invoices electronically. Electronic invoices are sent to the customer as a PDF file as an attachment by email.
§3 Delivery and availability of goods
The seller shall only deliver the goods to the delivery address specified by the customer in the order. Delivery will be made within the Federal Republic of Germany, Austria, Belgium, France, Italy, Luxembourg, the Netherlands, Spain or Poland.
The seller will inform the customer of the delivery period during the ordering process in the RIANI online store (if applicable also on the dispatch confirmation). If no or no deviating delivery time is communicated for the respective goods in the RIANI online store, the delivery period for standard shipping is up to five working days from the time of the order confirmation by the seller.
If no copies of the goods selected by the customer are available at the time of the customer's order, the seller will inform the customer of this immediately in the order confirmation. If the goods are permanently unavailable, the vendor shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. If the goods specified by the customer in the order are only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation.
The following delivery restrictions apply: The seller only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Federal Republic of Germany, Austria, Belgium, France, Italy, Luxembourg, Netherlands, Spain or Poland.
§4 Retention of title
The delivered goods remain the property of the seller until the purchase price has been paid in full.
If the customer is more than ten days in arrears with payment of the purchase price, the seller has the right to withdraw from the contract and reclaim the goods.
§5 Cancellation policy
In principle, consumers have a statutory right of cancellation when concluding a distance selling transaction, about which the seller provides information below in accordance with the statutory model:
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise the right to cancel, you must inform us (RIANI GmbH, Riani Platz 1, 73614 Schorndorf, Deutschland, Phone: +49 (0)7181-93 884 77, Email: tina@riani.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the cancellation
If you cancel this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will we charge you any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality. The right of cancellation does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
ÜberThe seller shall provide the following information on the model cancellation form in accordance with the statutory provisions:
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
- To [insert the name, address and, if applicable, the fax number and e-mail address of the entrepreneur by the entrepreneur]:
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date (*) Delete as appropriate
§6 Prices and shipping costs
All prices quoted in the RIANI online store include the applicable statutory value added tax.
The seller will inform the customer of any shipping costs incurred and any additional costs in the order form immediately before the order is placed. The customer shall bear the shipping costs notified to him and any additional costs unless the customer exercises his right of cancellation.
The goods shall be dispatched by post. The seller bears the shipping risk if the customer is a consumer. In the event of cancellation, the customer shall bear the direct costs of returning the goods.
§7 Payment
The customer can pay for the goods by invoice, credit card, instant bank transfer or PayPal. The possible payment methods are displayed to the customer during the ordering process. The seller only accepts the payment methods displayed to the customer during the ordering process.
If payment by invoice is selected, the customer will receive the bank details and the reason for payment by email after the order process. The customer transfers the money to the seller's specified account and correctly states the intended purpose so that the seller can allocate the payments. In the case of a purchase on account, the customer's data (in particular name and contact details) may be forwarded to Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss, Germany, for a credit check. If this check does not produce the desired result, for example because the data cannot be clearly assigned, the seller will automatically offer the customer another available payment method. The customer can view the information in accordance with Article 14 of the EU General Data Protection Regulation on the data processing taking place at Creditreform Boniversum GmbH at www.boniversum.de/eu-dsgvo. In the case of returns, the corresponding amount will be credited to the bank account from which the customer made the transfer.
When using the Sofort-Überweisung payment method, the transaction is carried out via the online transfer procedure of Sofort GmbH. After the customer has selected Sofort-Überweisung as the payment method and confirmed the order, the customer is forwarded to Sofort GmbH. There the customer can carry out the online transfer with his online banking data or with his PIN and TAN. In the case of returns, the seller will refund the amount credited to the customer's bank account. When using Sofort Überweisung, the end customer directly instructs Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany, to enter the transfer in their online banking portal. Sofort GmbH directly contacts the end customer via the payment screen and thus has a direct relationship with the end customer. Sofort GmbH itself is therefore responsible for the collection and processing of personal data. This also results from the data protection information of Sofort GmbH, which has been coordinated with the responsible data protection authority and which the user must read each time a Sofort transfer is carried out. The data protection information can be accessed directly under the following link: https://www.sofort.com/payment/wizard/getCmsContent/data_protection/DE/0/de
When using the PayPal payment method, the customer is automatically forwarded to PayPal. There the customer can authenticate himself with his PayPal user name and password. If the customer does not yet have a PayPal account, the customer can also register directly with PayPal during the ordering process. In the case of returns, the amount will be credited back to the customer's PayPal account. When using PayPal, the end customer authorises PayPal (Europe) S.à r.l. et Cie, S.C.A. 22-24 Boulevard Royal, L-2449 Luxembourg, directly to enter the transfer in its online banking portal. Paypal contacts the end customer directly via the payment screen and therefore has a direct relationship with them. Paypal itself is therefore responsible for the collection and processing of personal data. This also results from Paypal's data protection information, which has been agreed with the responsible data protection authority and which the user must read each time a Paypal transfer is carried out. The data protection information can be accessed directly at the following link: https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE
In individual cases, the seller reserves the right to exclude certain payment methods, in particular purchase on account, in order to hedge the credit risk.
Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the seller interest on arrears for the year at a rate of 5 percentage points above the base interest rate announced by the European Central Bank. If the Seller has demonstrably incurred higher damages due to default, the Seller shall be entitled to claim these.
§8 Warranty
If the delivered goods are defective, the customer may demand subsequent fulfilment, withdraw from the contract or reduce the purchase price within the framework of the applicable statutory provisions.
The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. An additional guarantee only exists for the goods delivered by the seller if this was expressly stated in the order confirmation for the respective goods.
§9 Liability
The seller shall be liable without limitation for intent and gross negligence. In the event of simple negligence, the Seller shall only be liable for damages resulting from injury to life, limb or health or from a material contractual obligation. An essential contractual obligation is an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.
In the event of a simple negligent breach of material contractual obligations, the Seller's liability shall be limited to the amount of foreseeable, typically occurring damage. Otherwise, the seller's liability is excluded.
The above limitations of liability also apply in favour of the legal representatives and vicarious agents of the seller.
The above limitations of liability shall not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. The provisions of the Product Liability Act remain unaffected.
According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the seller is not liable for the constant or uninterrupted availability of the RIANI online shop.
§10 Privacy policy
All personal data provided by the customer (title, name, address, date of birth, email address, telephone number, fax number, bank details, credit card number) shall be collected, processed and stored by the seller exclusively in accordance with the provisions of the European General Data Protection Regulation.
The customer's personal data, insofar as this is necessary for the establishment, content or modification of the contractual relationship (inventory data), is used exclusively for the processing of the purchase contracts concluded between the customer and the seller, for example for the delivery of goods to the address specified by the customer.
The legal basis for data collection is therefore Art. 6 para. 1 lit. b) and f) GDPR.
The customer's personal data, which is required to enable and bill the use of the seller's offers (usage data), is also used exclusively to process the purchase contracts concluded between the seller and the customer. Such usage data includes in particular the characteristics for identifying the customer as a user, information about the start and end as well as the scope of the respective use and information about the telemedia used by the customer as a user.
The data is initially stored for as long as it is required for its purposes. However, the maximum storage period is 10 years from the time of collection or the last data comparison, depending on what the last data processing operation was. If there is no data comparison for more than 10 years (i.e. no online order), the data will be deleted from the central system.
You have a right to information at any time regarding the personal data collected, processed and used in relation to you. The data protection obligations under Art. 15-21 are fulfilled in full. A request for information should be sent to tina@riani.com.
You have also been informed in detail about the type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders and about your right to object to the use of your anonymized user profile for the purposes of advertising, market research and the needs-based design of the service.
§11 Final provisions
The law of the Federal Republic of Germany shall apply to contracts between the seller and the customer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer has his habitual residence, shall remain unaffected.
The law of the Federal Republic of Germany shall apply to contracts between the seller and the customer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer has his habitual residence, shall remain unaffected.
SofernIf the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the vendor shall be the vendor's registered office.
The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if available. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall, however, become invalid.