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Imprint

Oliver Riemer e.K.
Kellerweg 2 B
93053 Regensburg
Germany

CEO: Oliver Riemer

tax number: 244/262/81976
VAT ID no.: DE 350498451

Fon +49-941 – 91069841

email: info ( at ) acrylic-elegance.com

AGB

General terms and conditions for consumers ( since February 1st, 2021 )

I. General

For the business relationship between Oliver Riemer e.K. (hereinafter referred to as OReK), Kellerweg 2 B, 93053 Regensburg, Managing Director: Oliver Riemer and the customer, these general terms and conditions apply exclusively. OReK does not recognize any conflicting or deviating terms and conditions and hereby expressly contradicts them. Conflicting terms and conditions of the customer are only valid if OReK expressly agrees in writing.

II. Conclusion of contract

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. After entering your personal data and clicking the button ‘Send order’ in the final step of the ordering process, you place a binding order for the items in the shopping cart Goods from. The confirmation of the receipt of your order takes place together with the acceptance of the order immediately after sending by automated e-mail. With this e-mail confirmation, the purchase contract is concluded

III. Partial deliveries

We are entitled to make partial deliveries insofar as this is reasonable for you. Additional shipping costs are only incurred if expressly agreed.

IV. Title retention

The delivered goods remain our property until they have been paid for in full.

V. Right of withdrawal

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, has taken possession of the goods.

In order to exercise your right of withdrawal, you must contact us

Oliver Riemer e.K.

Kellerweg 2 B

93053 Regensburg

EMail:

by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

VI. Consequences of the withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

We can refuse the refund until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You 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 to check the nature, properties and functionality of the goods.

VII. Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer’s personal needs.

Regensburg, February 1st, 2021

Terms and conditions for resellers and commercial customers ( since February 1st, 2021 )

I. Offer, conclusion of contract and content

For our deliveries and services, our following terms and conditions shall take precedence and unless otherwise agreed. OReK does not recognize any conflicting or deviating terms and conditions and hereby expressly contradicts them.

Conflicting terms and conditions of the customer are only valid if OReK expressly agrees in writing. Our terms and conditions also apply to future business relationships without express reference to them again.

Our offers are non-binding. The buyer’s order is binding. A contract is only concluded with our written order confirmation, which we have to declare within 2 weeks of receipt of the order.

Assurances, subsidiary agreements and changes to the contract generally require our written confirmation to be effective.

As a matter of principle, only our product description applies to the quality of the goods as agreed.

OReK reserves the right to customary or technically unavoidable minor deviations in the range or quality, color, dimensions, weight, equipment or design of the products, provided these are reasonable for the buyer.
Proper and timely self-deliveries are reserved. We will inform the buyer immediately about the unavailability of a delivery and in the event of withdrawal we will immediately reimburse the buyer for the corresponding consideration.

II. Prices and terms of payment

Our prices are in € ex works plus any assembly costs and plus the applicable statutory value added tax.
Unless otherwise agreed, our invoices are payable in full and due in full in advance after the order has been placed, the order confirmation and the invoice have been issued, without any deductions, net cash.

In the absence of payment, the buyer is in default 10 days after the due date without further explanation on our part.

In the event of defects being present, the buyer is not entitled to a right of retention, unless the delivery is obviously defective or the buyer is obviously entitled to refuse acceptance of the work.

In these cases, the buyer is only entitled to withhold payment if the amount retained is in reasonable proportion to the defects and the likely simple costs of subsequent performance, primarily through repairs.

The buyer is not authorized to assert claims and rights due to defects if he has not made due payments and the amount due including payments made is in reasonable proportion to the value of the defective delivery or work.

The buyer can only offset claims that are undisputed or have been legally established.

III. Delivery time / delay in delivery / impossibility

Information on delivery times is non-binding. Compliance with the delivery deadline requires the buyer to fulfill its contractual obligations. Delivery periods begin at the earliest with the conclusion of the contract, but not before all the documents, approvals, technical clarifications, etc. to be obtained by the buyer have been provided in full.

Subsequent requests for changes or additions by the buyer will reasonably extend the delivery time. The deadline is met if the delivery item has left our works by the time it expires or readiness for dispatch has been notified if the goods are not dispatched on time through no fault of ours. In the event of unforeseen events and / or force majeure, a delivery period is also reasonably extended.

In the event of a delay in delivery for which we are responsible, the buyer can, after a written reminder, set us a reasonable further deadline with the indication that he will refuse to accept the subject matter of the contract after the deadline has expired. The buyer is only entitled to withdraw from the contract by means of a written declaration after the further deadline has expired without result and all other legal requirements have been met.

In addition, the buyer cannot demand compensation for non-performance in the event of withdrawal. Otherwise, the provisions of Section VI No. 9 apply.

If the delivery or the service is impossible, the buyer is entitled to claim damages; unless the seller is not responsible for the impossibility.
However, the buyer’s claim for damages is limited to 5% of the remuneration for that part of the delivery or service that cannot be put into appropriate operation due to the impossibility. This limitation does not apply if the seller is compulsorily liable due to intent or gross negligence or due to injury to life, limb or health. The buyer’s right to withdraw from the contract remains unaffected.

IV. Transfer of risk and receipt

The risk is transferred to the buyer when the delivery parts are dispatched, even if partial deliveries are made or if we also provide other services, e.g. B. have taken over the shipping and its costs or the assembly. We may effect partial deliveries and partial services provided that this is reasonable for the customer.

If the dispatch is delayed due to circumstances for which the buyer is responsible, the risk is transferred to him on the day of readiness for dispatch. In the event of default in acceptance, we are authorized to send the goods to the buyer at the buyer’s risk and expense, or alternatively to store them at his own risk and expense.

Delivered items are to be accepted by the buyer, even if they have minor defects, without prejudice to the rights under Section VI.

V. Retention of title

We reserve title to the delivery item until all payments from the business relationship with the buyer have been received; the reservation relates to the recognized balance.

If the reserved goods are processed by the buyer into a new movable item, the processing takes place for us without OReK being obliged to do so. The new thing becomes the property of OReK. In the event of processing, mixing or blending with goods that do not belong to us, OReK acquires co-ownership of the new item according to the ratio of the invoice value of its reserved goods to the total value. The buyer is not authorized to dispose of the reserved goods in any other way, in particular to assign them by way of security and / or pledge them.

We are authorized to collect the claim ourselves if the buyer does not meet his payment obligations. In this case, the buyer must provide us with the information necessary to assert our rights against the buyer’s customers and hand over all necessary documents.

At the request of the buyer, we will release a corresponding part of the security rights at our discretion if the realizable value of these rights exceeds the amount of all claims to which we are entitled by more than 10%.

In the event of breaches of duty by the buyer, in particular default of payment, we are entitled to demand the surrender of the delivery item without setting a deadline. The request to surrender the new goods is expressly not a declaration of withdrawal without notice.

VI. Notification of defects and liability for defects

If the buyer is an entrepreneur, each of our deliveries must be checked immediately for completeness and freedom from defects. Obvious defects that can be recognized during proper inspection, the delivery of other items or the delivery of insufficient quantities must be reported in writing by the buyer immediately after delivery. The entrepreneur must immediately report any defects found in writing. The notification must contain a precise description of the error. Hidden defects must be reported in writing immediately after the defect has been discovered.

The buyer is obliged to have the condition of the goods confirmed himself or by an authorized third party upon collection or delivery. A short delivery just as little constitutes a defect as a wrong delivery, we are rather entitled to make subsequent deliveries upon request.
If the goods from a delivery transaction are defective, we shall, at our option, provide a guarantee by means of repair or replacement. The buyer’s claims due to a defect in the purchased item are initially limited to supplementary performance. If this finally fails after at least two attempts, the buyer reserves the right to reduce the price or, if the defect is significant, to withdraw from the contract.

Claims for defects do not exist in the case of only insignificant deviations from an agreed quality or in the case of only insignificant impairment of usability.

If the buyer chooses to withdraw from the contract due to a material defect in a delivery after subsequent performance has failed, he is not entitled to any additional claims for damages. If the buyer chooses compensation after a failed supplementary performance, the goods remain with the buyer if this can be expected of him. The replacement is limited to the difference between the purchase price and the value of the defective item. This does not apply if we caused the breach of contract with intent or gross negligence.

In order to carry out all repairs and replacement deliveries that we consider necessary at our reasonable discretion, the buyer must give us the necessary time and opportunity after consultation, otherwise we are exempt from liability for defects. Only if we are in default with rectifying the defect, after a reminder and a further reasonable deadline with threat of rejection, the buyer has the right to have the defect rectified himself or by a third party and to demand reasonable reimbursement of costs from us.

The limitation period for claims and rights due to defects – regardless of the legal reason – is 1 year, regardless of whether for delivery or assembly / work contract. This period also applies to other claims for damages by the buyer, regardless of their legal basis, unless we are affected by intent or a breach of guarantee or in the case of fraudulent concealment of defects or in the case of claims under the Product Liability Act and culpable breach of essential contractual obligations.

A notification of defects expressly does not inhibit the limitation period for warranty claims if, after checking the causes of the defect, we determine that we are not responsible for the defect.

We are not liable for damage caused by unsuitable or improper use, incorrect treatment by the buyer or third parties, natural wear and tear or negligent treatment, unsuitable cleaning and care, chemical and mechanical influences, etc., unless these are due to our fault.

If, as a result of a complaint by the buyer, OReK determines when inspecting the product complained about, that the defect is not the fault of OReK, but is the result of an operating error or improper handling or is the fault of the buyer, OReK is entitled to provide the buyer with a Service flat rate of € 39.00 plus VAT plus shipping costs for the work involved per product.

Liability is excluded for slightly negligent breaches of duty. In the event of a gross breach of duty, our liability is limited to the foreseeable damage typical for the contract, also in the case of a breach of essential contractual obligations. In addition, we are liable in accordance with the Product Liability Act for injury to life, limb or health or for culpable breach of essential contractual obligations. Rights of recourse according to § 478 BGB remain unaffected.

The regulations of the aforementioned No. 9 apply to all claims for damages, regardless of the legal reason, in particular due to defects, the breach of obligations from the contractual relationship or tort.

VII. Return policy

Irrespective of the claims regulated under Section VI in the event of defects being present, OReK will only take back goods that have been delivered free of defects in individual cases and with prior written approval prior to the return, whereby returns of products with an order value of less than € 100.00 are generally excluded for economic reasons are. The prerequisite for concluding a return agreement is that the products to be returned are in perfect condition, including their packaging, and that they correspond to the current catalog range.

If a return agreement is made, the buyer is obliged to enclose a copy of the invoice, a copy of the delivery note and the return slip with the return. The buyer bears the transport risk of the return.

Returns must not be carriage forward, otherwise OReK is entitled to refuse acceptance. OReK deducts 30% from the invoiced net value of the goods for the entire processing and administrative costs incurred, as well as the risk of reselling the returned products.

VIII. Liability for secondary obligations

Our verbal and written application advice, as well as suggestions, calculations, drawings and project planning are only intended to explain the best possible use of our products to the buyer; they are only approximate and non-binding. They do not release him from his obligation to check the suitability of our products for the purpose intended by him.

Can due to culpable violation of the incidental obligations incumbent on us before the conclusion of the contract, z. If, for example, the subject of the contract is not used in accordance with the contract due to neglected or incorrect advice or incorrect instructions, the provision under Section VI shall apply to our liability to the exclusion of further claims by the buyer. No. 5 – 8 accordingly.

IX. Samples, drawings

We reserve ownership and copyright to samples, drawings and other documents. They must not be made accessible to unauthorized third parties and must be returned to us at our request.

X.Use of photos and product images

OReK has the right to use photos, films and product images of all objects created during production or after commissioning on site for advertising purposes, in particular for presentation on the Internet and in catalogs. The customer has the right to object to the use of these sources within 4 weeks of delivery. The objection must be made in writing by post, fax or email.

XI. Mention as reference customer
OReK has the right to explicitly name and name every commercial customer as a reference customer for advertising purposes.

XII. Place of performance, applicable law, place of jurisdiction

The place of performance for all deliveries and payments is the registered office of our company in Regensburg.

German law applies exclusively. The applicability of the uniform UN sales law (CISG) is excluded.
The place of jurisdiction lies exclusively with the district court or regional court of Regensburg if the buyer is a registered trader, a legal entity under public law or a public law special fund.

XIII. Severability clause

Should one of the aforementioned provisions be or become ineffective, this expressly does not affect the validity of the rest of the provisions.

Oliver Riemer e.K.

Kellerweg 2 B

93053 Regensburg

Germany

CEO: Oliver Riemer

Regensburg, February 1st, 2021