Shipping & payment conditions

Shipping & payment

Excerpt from Terms and Conditions of the Online Shop of RiMO Germany GmbH & Co. KG (www.shop.rimo-germany.com)

§ 6 Delay in Delivery and Default of Acceptance

1. If we fall behind on the delivery or service, the customer has to state upon request whether the delivery or service continues to exist or if other statutory rights will be asserted.  To the extent that the assertion of rights on the part of the customer implies that a grace period has to be set, this period will be at least two weeks.

2. In the event of delay in delivery or service, the customer is only entitled to withdraw from the contract within the scope of the statutory provisions if we are responsible for such delay. 

3. The liability for such delay in delivery or service is limited to 0.5% and a maximum of 5% of the delivery/service value within the scope of a generalised compensation for delay for each full week of the delay.  In the event of non-fulfilment of substantial contractual obligations, the liability is limited to the usual foreseeable damage.

4. In the event of default of acceptance or non-fulfilment of other obligations to cooperate on the part of the customer, we are entitled to prefer third-party orders and to reasonably extent the delivery/service period.

5. Without prejudice to further entitlements, any default of acceptance will entitle us to demand compensation for any damage incurred including any additional expenditure.  If the shipment of the delivery is delayed for reasons attributable to the customer, the risk of accidental loss will be transferred to the customer upon notice of readiness.

6. If, upon request of the customer, the shipment or delivery will be delayed by more than one month after notice of readiness, the customer can be charged with storage fees of 0.5% of the price of the delivery items for each month started.  The maximum storage fee charged, however, will be a total of 5% of the price of the delivery items. Both parties reserve the right to prove higher or lower storage fees.  Further entitlements resulting from default of acceptance remain unaffected.


§ 7 Packaging

1. Packaging of the goods will take place at our discretion in consideration of the transport route unless the type of packaging is stipulated by the customer.

2. If the customer is a contractor, we are free to select a transport route at reasonable discretion unless separate agreements have been made.  Any costs resulting from the mode of dispatch selected by the customer will be charged to the customer. This applies for both express deliveries and over-night deliveries, even if we initially bear the expenses.

3. If the customer is a consumer, the packaging costs will be indicated with the order confirmation.

4. Upon request of the customer, we will insure the shipment against all insurable risks. However, these costs are to be borne by the customer.


§ 8 Reservation of Title

1. If the customer is a consumer, the goods will remain our property until full payment of the purchase price has been received.

2. If the customer is an entrepreneur, the goods will remain our property until all outstanding debits have been settled by the customer, even if the specific goods have already been paid.

3. In the event of third-party compulsory execution proceedings involving the goods subject to reservation of title, the customer is obliged to inform us immediately and provide us with the documents required for intervention.  This also applies to any other types of impairment.  Regardless of this, the customer has to inform such third parties in advance about the rights relating to the goods.  If the customer is a contractor, it is the customer’s responsibility to bear the costs for the intervention unless the third party is capable of refunding these costs.

4. If the customer is a contractor and the goods subject to reservation of title will be resold or leased, the customer has to assign to us in advance and as security all claims against its purchasers resulting from the mentioned business until the complete settlement of our claims.  If the goods subject to reservation of title are processed, transformed or combined with other items, the ownership of the item produced will be immediately transferred to us. Such items are deemed to be goods subject to reservation of title.  The customer is not entitled to dispose over the goods subject to reservation of title or joint ownership or the claims assigned to us. 

5. If the customer acts contrary to the agreement as well as in the event of delay in payment, unauthorized use of the goods subject to reservation of title, significant deterioration of the customer’s financial situation, exchange or cheque protests as well as the opening of insolvency proceedings relating to the customer’s assets applied for by the customer itself or third parties, or if such proceedings are rejected for lack of assets, we are entitled to interdict the workmanship, processing and sale of the goods subject to reservation of title.  Furthermore, these events will entitle us to take possession of those goods and, in order to do so, enter the customer’s premises, request appropriate information and access the customer’s books to a reasonable extent.

6. If the value of the security exceeds our claims against the customer by more than 20%, the customer may request us to release, at our discretion and to the respective extent, the securities we are entitled to.


§ 9 Prices and Terms and Conditions of Payment

1. The price stated by us in the order confirmation and/or invoice is binding.
2. If the customer is a consumer, the price stated by us will include the statutory value added tax.
3. If the customer is a contractor, the price will be stated as net amount in EUR (€).  Hence, the statutory value added tax will not be included in our prices, but shown separately on the invoice in the amount applicable on the day of invoicing.
4. In the event of excess or short deliveries, the actually delivered amount will be charged.  The price indicated on our invoice is binding.
5. Unless otherwise agreed, the invoice amount shall be paid without any discounts within 30 (thirty) days upon receipt of the goods and/or upon completion of all services.
6. Our employees or representatives are entitled to receive payments only if they possess a written collection authority.
7. No interest will be paid for advance payments and/or payments on account.
8. As a matter of principle, payments are to be transferred by the customer on its own risk and expense to the account stated by us.
9. The customer is entitled to set-off rights only if its counterclaims are legally binding, undisputed or recognised by us. The customer is entitled to exercise the right of detention only if its counterclaim is based on the same contractual agreement.
10. The acceptance of exchanges in lieu of payment is subject to our prior written consent.


§ 10 Delay in Payment, Deterioration of the Customer’s Financial Situation
1. The customer falls behind on payment if the invoice amount is not paid within 30 (thirty) days upon receipt of the goods and/or upon completion of the service and invoice submission.  Any other deadline shall be applicable only if explicitly agreed by the parties in writing. 

2. In the event of delay in payment on the part of the customer, we are entitled to charge default interest of 8.00% above the current base rate.  If the customer is a consumer, default interest of 5.00% above the current base rate will be charged. Provided that we are entitled to charge higher interest on the basis of statutory provisions or higher interest charges resulting from increased credit procurement costs, we are entitled to allocate such interest.

3. In the event of delay in payment, the customer will bear all dunning, collection, levy and information charges arising in connection with the collection of the receivables.

4. We are entitled to withdraw from the contract if the customer filed for the opening of insolvency proceedings relating to its assets, made a statutory declaration according to § 807 ZPO (German Code of Civil Procedure) or the opening of insolvency proceedings was rejected for lack of assets.


§ 11 Price Adaption

1. If the customer is a contractor, the agreed price will apply.  If the price has increased at the time the service is provided due to a changed market price or increased fees of the third parties involved in the service provision, the higher price will apply.  If this price exceeds the agreed price by 20% or more, the customer is entitled to withdraw from the contract.  This right has to be exercised immediately after disclosure of the increased price.

2. If the customer is a consumer, changes in prices are permitted only if there is a period of more than four months between the conclusion of the contract and agreed delivery date. If the wages, materialcosts or statutory taxes will change until the delivery, we are entitled to change the price to a reasonable extent according to the increases or decreases in costs.  The customer shall be entitled to withdraw from the contract only if the price increase substantially exceeds the rise in the general cost of living between order and delivery.

 3. If the customer is a consumer, the prices stated by us include the statutory value added tax.  If the customer is a contractor, the price will be stated as net amount in EURO.  Hence, the statutory value added tax will not be included in our prices, but shown separately on the invoice in the amount applicable on the day of invoicing.


§ 12 Limitation of Own Claims

1. Contrary to § 195 BGB (German Civil Code), our claims for payment are limited to five years.  § 199 BGB applies with reference to the beginning of the limitation period.