Terms of service

General Terms and Conditions

1. Scope

The following General Terms and Conditions (GTC) apply to all orders placed by consumers and businesses via our online shop.

The following applies to Germany: pursuant to § 13 BGB (German Civil Code), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

The following applies to Austria: in the following terms, "consumer" means the "Konsument" within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG).

The following applies to Switzerland: in the following terms, "consumer" means the "consumer" (Konsument) under Swiss law.

The following applies to businesses: if the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contractual partner, conclusion of the contract, options for correction

The purchase contract is concluded with ARUS Vertriebs GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the ordering process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive a further confirmation by e-mail.

3. Contract language, storage of the contract text

The language(s) available for concluding the contract: German, English, French, Dutch, Spanish, Italian, Polish

We store the contract text and send you the order data and our GTC in text form. For security reasons, the contract text is no longer accessible via the internet.

4. Subject matter of the contract

4.1 Product description

Please note that the respective product description applies as an essential part of the contract.

4.2 Product images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following particularities. If in doubt, please contact us:

Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and the actual product colours are possible.

5. Requirements for and handling of customer content

5.1 Requirements

If the performance of the order requires you to transmit content to us (e.g. texts, data, files), the technical options available for this and any applicable requirements are set out in the respective product description.

You are solely responsible for the content, including the lawfulness and accuracy of the content transmitted by you. We do not carry out any editorial review of the content before executing the order.

5.2 Compliance with applicable law

The content and the products to be created from it must always comply with the applicable legal provisions. In particular, they must not infringe any rights or claims of third parties (in particular copyrights, trademarks or other property rights), nor may they contain or serve purposes involving content that glorifies violence, is discriminatory, racist, xenophobic or otherwise immoral or anti-constitutional.

5.3 Indemnification

You shall indemnify us against claims of third parties which they may assert in connection with an infringement of their rights through the contractual use by us. In this respect, you shall also bear the necessary costs of legal defence, including all court and lawyers' fees in the statutory amount. The indemnification does not apply insofar as you are not responsible for the infringement. In the event of a claim by third parties, you are obliged to provide us immediately, truthfully and completely with all information required to examine the claims and for a defence.

5.4 Reservation of withdrawal

We reserve the right to refuse the order or to withdraw from the contract if the content provided by you for this purpose violates statutory or official prohibitions or public morals, or if there is a justified suspicion to this effect. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

6. Delivery conditions

6.1 Delivery area

We deliver within the European Union.

6.2 Shipping costs

In addition to the stated product prices, shipping costs may apply for standard shipping. Further details on the amount of the shipping costs can be found in the offers.

6.3 Delivery options

Delivery options

We ship the products to the delivery address specified in the ordering process.

We deliver by shipment only. Unfortunately, collection of the goods by the customer is not possible.

We do not deliver to parcel stations (Packstationen).

6.4 Delivery by freight forwarder

Scheduling an appointment

For deliveries by freight forwarder, the forwarding company commissioned by us will contact you in order to arrange a delivery date.

Place of delivery

Delivery of the goods is limited to transporting and unloading the goods at the first public kerb of the agreed delivery address. Unless expressly agreed otherwise, delivery does not include delivery into specific rooms or the assembly and/or installation of the ordered goods.

Cooperation of the recipient

Unloading and any necessary subsequent transport of the goods to the agreed place of delivery are carried out jointly by the forwarder's driver and the recipient. Information on the packaging dimensions can be found in the offers.

The following applies to merchants: notwithstanding the previous sentence, the recipient is responsible for unloading and any necessary subsequent transport of the goods to the agreed place of delivery.

7. Payment

7.1 Prices

The prices stated at the time of the order apply. These are total prices and include the statutory value added tax.

7.2 Due date and default of payment

The price is due upon conclusion of the contract unless a later date results from the following terms of payment.

The following applies to customers based in Germany and Austria:

In relation to consumers: In the event of default of payment, we reserve the right to charge you a fee of 1.50 euros per reminder for the second and each subsequent reminder. You remain entitled to prove that a lower damage has been incurred. Further claims remain unaffected.
In relation to businesses: In the event of default of payment, we reserve the right to charge you statutory default interest of nine percentage points above the base interest rate as well as a flat fee of 40 euros. Further claims remain unaffected.

The following applies to customers based in Switzerland:

In relation to consumers: In the event of default of payment, we reserve the right to charge you a fee of CHF 1.50 per reminder for the second and each subsequent reminder. You remain entitled to prove that a lower damage has been incurred. Further claims remain unaffected.
In relation to businesses: In the event of default of payment, we reserve the right to charge you default interest of nine percentage points above the base interest rate of the ECB as well as a flat fee of CHF 40. Further claims remain unaffected.

7.3 Payment methods

The following payment methods are generally available to you in our shop.

Advance payment
If you select advance payment, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Cash on delivery
You pay the purchase price directly to the delivery agent. No additional costs are incurred for this.

Credit card
You enter your credit card details during the ordering process. Your card will be charged immediately after the order has been placed.

SEPA direct debit
By placing the order, you grant us a SEPA direct debit mandate. We will inform you of the date of the debit at least one bank business day in advance (so-called pre-notification). A bank business day is any working day with the exception of Saturdays, nationwide public holidays and 24 and 31 December of each year. The account will be debited before the goods are shipped.

PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your login details and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed. You will receive further information during the ordering process.

PayPal may offer registered PayPal customers selected according to its own criteria further payment modalities in their customer account. However, we have no influence on the offering of these modalities; any other individually offered payment modalities concern your legal relationship with PayPal. You can find more information on this in your PayPal account.

PayPal Plus
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stated below, payment via PayPal does not require registration with PayPal. You will receive further information with the respective payment option and during the ordering process.

PayPal, PayPal Express
In order to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, identify yourself with your login details and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed.

Credit card via PayPal
Your card will be charged by PayPal after the goods have been shipped.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the date of the debit (so-called pre-notification). The account will be debited before the goods are shipped.

Purchase on invoice via PayPal
Purchase on invoice via PayPal requires an address and credit check and payment is made directly to PayPal.

Purchase on invoice via PayPal and Ratepay
Purchase on invoice via PayPal requires an address and credit check and payment is made directly to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin ("Ratepay").

Sofort by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after the order has been placed. You will receive further information during the ordering process.

Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, identify yourself with your login details and confirm the payment instruction. The payment transaction is carried out immediately after the order has been placed. You will receive further information during the ordering process.

Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, identify yourself with your login details and confirm the payment instruction. The payment transaction is carried out immediately after the order has been placed. You will receive further information during the ordering process.

Amazon Pay
In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, identify yourself with your login details and confirm the payment instruction. The payment transaction is carried out by Amazon Pay within one bank business day after the order has been placed.

Amazon Pay may offer registered Amazon Pay customers selected according to its own criteria further payment modalities in their customer account. However, we have no influence on the offering of these modalities; any other individually offered payment modalities concern your legal relationship with Amazon Pay. You can find more information on this in your Amazon Pay account.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information with the respective payment option and during the ordering process.

Purchase on invoice via Klarna
The invoice amount is due 14 days after shipment of the goods and receipt of the invoice.

Klarna may offer registered Klarna customers selected according to its own criteria further payment modalities in their customer account. However, we have no influence on the offering of these modalities; any other individually offered payment modalities concern your legal relationship with Klarna. You can find more information on this in your Klarna account.

Instalment purchase via Klarna
You can pay the invoice amount in monthly instalments of at least 1/24 of the total amount. The minimum instalment is 6.95 euros.

Klarna may offer registered Klarna customers selected according to its own criteria further payment modalities in their customer account (e.g. interest-free instalment plans). However, we have no influence on the offering of these modalities; any other individually offered payment modalities concern your legal relationship with Klarna. You can find more information on this in your Klarna account.

Klarna credit card
You enter your credit card details during the ordering process. Your card will be charged by Klarna immediately after the order has been placed. No address and credit check is carried out.

Klarna direct debit
You grant Klarna a SEPA direct debit mandate. Klarna will inform you of the date of the debit (so-called pre-notification). The account will be debited after the goods have been shipped.

Invoice
The invoice amount is due 14 days after receipt of the invoice and the goods and is payable by bank transfer to the bank account stated on the invoice. We reserve the right to offer purchase on invoice only after a successful credit check.

8. Right of withdrawal and 30-Day Money-Back Guarantee

8.1 Right of withdrawal

Consumers are entitled to a right of withdrawal of thirty days, as described in the instructions on withdrawal. This period exceeds the statutory withdrawal period of fourteen days. Businesses are not granted any voluntary right of withdrawal.

8.2 30-Day Money-Back Guarantee

In addition to the right of withdrawal, we grant consumers a voluntary 30-Day Money-Back Guarantee for goods purchased directly in our online shop, subject to the following conditions:

The goods are returned to us in their original packaging within thirty days from the day on which you received the last item of the order.
The return is registered with our customer service at support@riwi-buildit.com before shipping.
For returns in the original packaging, we provide a free return label and bear the cost of the return.
After receipt of the goods, we refund the full purchase price, including the original shipping costs, via the means of payment used for the order, within fourteen days at the latest.

If a return in the original packaging is not possible, the right of withdrawal under section 8.1 remains unaffected. In this case, you bear the direct cost of returning the goods; there is no entitlement to a free return label or to reimbursement of the return costs. If the goods can no longer be used or a return is disproportionately difficult, we will agree an individual solution with you through our customer service, for example a partial refund without return.

The guarantee applies in addition to your statutory rights and does not restrict them.

9. Retention of title

The product remains our property until full payment has been made.

In the case of customers based in Switzerland, we are entitled to make a corresponding entry in the register of retention of title.

The following applies additionally to businesses: we retain title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. At your request, we will release the securities to which we are entitled to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

10. Transport damage

The following applies to consumers: if goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us without delay. Failure to make a complaint or to contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, it helps us to assert our own claims against the carrier or the transport insurance.

The following applies to businesses: the risk of accidental loss and accidental deterioration passes to you as soon as we have handed over the item to the forwarder, the carrier or any other person or institution designated to carry out the shipment.

11. Warranty and guarantees

11.1 Liability for defects

The following applies to consumers based in Germany and Austria:
The statutory liability for defects applies.

The following applies to consumers based in Switzerland:
As soon as it is feasible in the ordinary course of business, you should examine the condition of the item received and, if defects are found for which the seller is liable, notify the seller immediately. If the consumer fails to do so, the purchased item is deemed to have been accepted, unless the defects were not recognisable during the customary examination. If such defects come to light later, notice must be given immediately after their discovery; otherwise the item is deemed to have been accepted in respect of these defects as well.

Return the defective product to us together with a description of the defect. You bear the transport costs incurred. We provide warranty by remedying defects. At our option, this is done either by eliminating the defect (repair) or by delivering an item free of defects (replacement). If subsequent performance fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to a price reduction is excluded.

The following applies to businesses and between merchants:
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following limitations and shortened periods do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of breach of essential contractual obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee commitment, if agreed, or
• insofar as the scope of application of the Product Liability Act (Produkthaftungsgesetz) is opened.

Limitations in relation to businesses

In relation to businesses, only our own statements and the manufacturer's product descriptions included in the contract are deemed an agreement on the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its customary use and has caused its defectiveness. Used goods are sold under exclusion of any warranty. The statutory limitation periods for the right of recourse under § 445a BGB (German Civil Code) remain unaffected.

Note for merchants

Between merchants, the duty to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to give the notice regulated therein, the goods are deemed to have been accepted, unless the defect was not recognisable during the examination. This does not apply if we have fraudulently concealed a defect.

11.2 Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop. The terms of our 30-Day Money-Back Guarantee can be found in section 8.2.

Customer service: Our customer service can be reached by email at support@riwi-buildit.com for questions, complaints and claims.

12. Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation

in the event of injury to life, body or health,
in the event of intentional or grossly negligent breach of duty,
in the case of guarantee commitments, if agreed, or
insofar as the scope of application of the Product Liability Act (Produkthaftungsgesetz) is opened.

In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations), through slight negligence on our part, on the part of our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

13. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are willing to participate in out-of-court dispute resolution proceedings before a consumer arbitration board.

14. Final provisions

If you are a business, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

Should individual clauses of these GTC be invalid in whole or in part, the remainder of the contract remains valid. Insofar as individual clauses are invalid, the content of the contract is governed by the statutory provisions.

Terms and Conditions created with the Trusted Shops Rechtstexter