General Terms and Conditions
General Terms and Conditions with customer information for all our services. We value transparency and clear communication.
Our GTC include the scope of application, conclusion of contract, payment modalities as well as delivery conditions and liability notes for a secure processing.
1.1. The following conditions in their currently valid version apply exclusively to the business relationship between RavenBelt GmbH and the customer.
1.2. A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
1.3. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and Service Descriptions
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to submit an order. Service descriptions in catalogs as well as on the seller's websites do not have the character of a promise or guarantee.
2.2 All offers are valid "while supplies last," unless otherwise noted for the products. Furthermore, errors are reserved.
Note: Please enter the relevant button labels below.
3. Ordering process and contract conclusion
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart via the button [add to cart]. Within the shopping cart, the product selection can be changed, e.g., deleted. Subsequently, the customer can proceed to complete the ordering process via the button [proceed to checkout] within the shopping cart.
3.2. By clicking the button [place order with payment obligation], the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time, as well as go back to the shopping cart using the browser function "back" or cancel the ordering process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt via email, in which the customer's order is listed again and which the customer can print using the "Print" function (order confirmation). 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 request. The purchase contract is only concluded when the seller ships, hands over, or confirms the shipment to the customer within 2 days with a second email, explicit order confirmation, or sending of the invoice. Acceptance can also occur through a payment request directed from the seller to the customer and at the latest through the completion of the payment process. In the case of multiple acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is concluded and the customer is no longer bound to their offer.
3.4 In the case of customers who are businesses, the aforementioned period for shipment, handover, or order confirmation is seven instead of two days.
3.5. If the seller allows a prepayment, the contract is concluded with the provision of the bank details and payment request. If the payment has not been received by the seller by a date of 10 calendar days after sending the order confirmation, despite being due and after a renewed request, the seller withdraws from the contract, resulting in the order being void and the seller having no delivery obligation. The order is then completed for the buyer and seller without further consequences. Therefore, a reservation of the item for prepayments is made for a maximum of 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices listed on the seller's website include the applicable statutory sales tax.
4.2. In addition to the listed prices, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, Product Availability
5.1. If advance payment is agreed, delivery will take place after receipt of the invoice amount.
5.2. If the delivery of the goods fails due to the buyer's fault despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by their supplier through no fault of their own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and may suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will refund any services already rendered to the customer immediately.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
5.5 In the case of customers who are businesses, the risk of accidental loss and accidental deterioration of the goods passes to the buyers as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment; the specified delivery dates and deadlines, subject to other commitments and agreements, are not fixed dates.
5.6 Delivery and performance delays due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the seller are not the responsibility of the seller towards customers who are businesses, even with binding agreed deadlines and dates. In this case, the seller is entitled to postpone the delivery or performance for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are businesses in cases of unforeseeable events that affect the operation of a supplier and are not attributable to either the supplier or the seller. During the duration of this hindrance, the customer is also released from their contractual obligations, particularly payment. If the delay is unreasonable for the customer, they can withdraw from the contract by written declaration after a reasonable period set by them or after mutual consultation with the seller.
6. Payment Terms
6.1. The customer can choose from the available payment methods within the framework and before completing the ordering process. Customers will be informed about the available payment methods on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are commissioned with payment processing, e.g. Paypal, their general terms and conditions apply.
6.4. 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 must pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not exclude the assertion of further default damages by the seller.
6.6. The customer has a right of set-off only if their counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention to the extent that the claims arise from the same contractual relationship.
7. Retention of Title
Until full payment is made, the delivered goods remain the property of the seller.
For customers who are entrepreneurs, the following applies: The seller retains ownership of the goods until all claims from an ongoing business relationship have been fully settled; The buyer is obliged, as long as ownership has not yet passed to him, to treat the purchased item with care. In particular, he is obliged to insure it, if appropriate or customary in the industry, at his own expense against theft, fire, and water damage to its full new value. If maintenance and inspection work needs to be carried out, the buyer must perform this at his own expense in a timely manner. The processing or transformation of the reserved goods by the customer is always done for the seller. If the reserved goods are processed with other items not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. The same applies to the item resulting from processing as for the reserved goods. The customer also assigns the claim to secure the claims against him that arise from the connection of the reserved goods with a property against a third party. Third-party access to goods owned or co-owned by the seller must be reported by the customer immediately. The customer bears the costs arising from such interventions for a third-party objection lawsuit or costs for an extrajudicial release. The customer is entitled to resell the reserved goods in the ordinary course of business. The claims arising from resale or other legal grounds regarding the reserved goods (including all balance claims from current accounts) are already assigned by the customer in full to the seller as security. The seller authorizes the customer revocably to collect the claims assigned to the seller for his account and in his own name. This collection authorization can be revoked if the customer does not properly fulfill his payment obligations. The seller undertakes to release the securities due to the seller at the request of the customer, as their total sales value exceeds the sum of all outstanding claims of the seller from the business relationship by more than 10% (in the case of a realization risk by more than 50%). The selection of the securities to be released is at the seller's discretion. Upon settlement of all claims of the seller from delivery transactions, ownership of the reserved goods and the assigned claims pass to the buyer. The selection of the securities to be released is at the seller's discretion.
8. Warranty for defects and guarantee
8.1. The warranty (liability for defects) is determined subject to the following provisions according to legal regulations.
8.2. A guarantee exists for the goods supplied by the seller only if it has been expressly given. Customers will be informed about the guarantee conditions before the order process is initiated.
8.3 If the customer is an entrepreneur, they must inspect the goods immediately, regardless of legal obligations to give notice of defects, and report recognizable defects to the supplier immediately, no later than two weeks after delivery, in writing, and report non-recognizable defects immediately, no later than two weeks after discovery. Commercially acceptable, permissible deviations in quality, weight, size, thickness, width, equipment, pattern, and color according to quality standards are not considered defects.
8.4 If the customer is an entrepreneur, the choice between rectification or replacement of defective goods is made by the seller.
8.5 Defects expire, without prejudice to the liability provisions of these GTC, for customers who are entrepreneurs, generally one year after the transfer of risk, unless longer periods are mandatorily prescribed by law, especially in special provisions for the recourse of the entrepreneur. For used goods, the warranty is excluded for customers who are entrepreneurs.
8.6 If the customer, who is an entrepreneur, has incorporated the defective item within the meaning of § 439 para. 3 BGB into another item or attached it to another item according to its nature and intended use, the seller, subject to an express agreement and without prejudice to the other warranty obligations, is not obliged, within the scope of subsequent performance, to reimburse the customer for the necessary expenses for removing the defective item and for the installation or attachment of the repaired or delivered defect-free item. Accordingly, the seller is also not obliged to reimburse expenses for removing the defective item and for the installation or attachment of the repaired or delivered defect-free item in the context of a recourse by the customer within the supply chain (i.e., between the customer and its customers).
9. Liability
9.1. The following exclusions and limitations of liability apply to the seller's liability for damages, without prejudice to other statutory requirements for claims.
9.2. The seller is liable without limitation, insofar as the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for slight negligent breaches of essential obligations, the violation of which endangers the achievement of the contractual purpose, or for the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, typical contractual damage. The seller is not liable for slight negligent breaches of obligations other than those mentioned in the preceding sentences.
9.4. The above liability limitations do not apply in cases of injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and in cases of fraudulently concealed defects. The liability under the Product Liability Act remains unaffected.
9.5. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.
10. Storage of the contract text
10.1. The customer can print the contract text before placing the order with the seller by using the print function of their browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order details to the email address provided by them. With the order confirmation, but at the latest upon delivery of the goods, the customer also receives a copy of the terms and conditions along with the cancellation policy and information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your placed orders in your profile area. Furthermore, we store the contract text but do not make it accessible on the internet.
10.3 Customers who are entrepreneurs can receive the contractual documents by email, in writing, or by reference to an online source.
11. Final provisions
11.1. If the buyer is an entrepreneur, the place of performance, subject to other agreements or mandatory legal provisions, is the registered office of the seller, while the jurisdiction is at the registered office of the seller, if the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the buyer has no general jurisdiction in the seller's country of registration. The seller reserves the right to choose another permissible jurisdiction.
11.2 In the case of entrepreneurs, the law of the Republic of Austria applies, excluding the UN Sales Convention, as long as there are no mandatory legal provisions to the contrary.
11.3. The language of the contract is German. 11.4. Platform of the European Commission for Online Dispute Resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obligated to participate in a dispute resolution procedure before a consumer arbitration board.