General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Prohibition of Sale and (Re-)Export to Russia ("No Re-export to Russia")
- Applicable Law
- Place of Jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of R&G Faserverbundwerkstoffe GmbH (hereinafter referred to as the "Seller") shall apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the "Customer") and the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer relating to the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3 The Seller may accept the Customer's offer within five days
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer shall be decisive, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive, or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the above alternatives occur, the contract shall be concluded at the time when the first of the aforementioned alternatives occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing shall be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal User Agreement available at https://www.paypal.com
2.5 If the payment method "Amazon Payments" is selected, payment processing shall be carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement available at https://pay.amazon.co.uk
2.6 When ordering via the Seller's online order form, the contract text shall be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has submitted the order. The Seller shall not make the contract text available beyond this. If the Customer has created a user account in the Seller's online shop before submitting the order, the order data shall be archived on the Seller's website and may be accessed free of charge by the Customer via their password-protected user account using the corresponding login data.
2.7 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors may be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer may correct their entries using the usual keyboard and mouse functions until they click the button completing the ordering process.
2.8 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.
2.9 Order processing and communication generally take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information regarding the right of withdrawal can be found in the Seller's withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory value-added tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by financial institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in relation to money transfers even if delivery is not made to a country outside the European Union, but the Customer makes payment from a country outside the European Union.
4.3 The available payment method(s) shall be communicated to the Customer in the Seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment shall be due immediately upon conclusion of the contract unless the parties have agreed on a later due date.
4.5 If a payment method offered via the payment service "PayPal" is selected, payment processing shall be carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal under which the Seller provides advance performance to the Customer (e.g. purchase on account or installment payments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the assignment declaration, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer may only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the event of assignment of claims, the Seller remains responsible for general customer inquiries, e.g. regarding goods, delivery times, shipping, returns, complaints, withdrawal declarations and returns, or credit notes.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller's order processing shall be decisive for processing the transaction.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the costs of outward shipment if the Customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal, the provisions set out in the Seller's withdrawal policy shall apply to return shipping costs.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed over the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the Customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer as a consumer as soon as the Seller has handed over the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment if the Customer has commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall apply only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed without delay and any consideration already paid shall be refunded without delay.
5.5 Collection by the Customer is not possible for logistical reasons.
6) Retention of Title
6.1 With respect to consumers, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 With respect to entrepreneurs, the Seller retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the Customer acts as an entrepreneur, the following shall additionally apply:
In the event of processing the delivered goods, the Seller shall be deemed the manufacturer and shall acquire ownership of the newly created goods. If the processing is carried out together with other materials, the Seller shall acquire ownership in proportion to the invoice value of its goods relative to that of the other materials. If, in the event of combining or mixing the Seller's goods with an item belonging to the Customer, the latter is to be regarded as the principal item, co-ownership of the item shall pass to the Seller in the ratio of the invoice value of the Seller's goods to the invoice value of the principal item or, in the absence of such invoice value, to its market value. In such cases, the Customer shall be deemed the custodian.
The Customer may neither pledge nor assign as security any items subject to retention of title or other reserved rights. The Customer is only entitled to resell the reserved goods in the ordinary course of business. The Customer hereby assigns to the Seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including VAT). This assignment shall apply regardless of whether the reserved goods have been resold without processing or after processing. The Customer remains authorized to collect the claims even after the assignment. The Seller's right to collect the claims itself remains unaffected. However, the Seller shall not collect the claims as long as the Customer fulfills its payment obligations towards the Seller, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.
The Customer must immediately notify the Seller of any access to goods owned or co-owned by the Seller or to assigned claims. Amounts collected by the Customer and assigned to the Seller must be remitted to the Seller immediately insofar as the Seller's claim is due.
If the value of the Seller's security interests exceeds the secured claims by more than 10%, the Seller shall release a corresponding portion of the security interests at the Customer's request.
7) Liability for Defects (Warranty)
Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. The following shall apply in deviation thereof to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
- the Seller shall have the choice of the type of subsequent performance;
- for new goods, the limitation period for defect claims shall be one year from delivery of the goods;
- defect claims for used goods shall be excluded;
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and reductions of limitation periods set forth above shall not apply
- to claims for damages and reimbursement of expenses by the Customer;
- if the Seller has fraudulently concealed the defect;
- to goods which, in accordance with their usual use, have been used for a building and have caused its defectiveness;
- to any obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and notify defects pursuant to Section 377 HGB shall apply. If the Customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.
7.5 If the Customer acts as a consumer, they are requested to report any obvious transport damage to the carrier and inform the Seller accordingly. Failure to do so shall have no effect whatsoever on the Customer's statutory or contractual claims for defects.
7.6 Reinforcement Fabrics: Due to a worldwide shortage of yarns, we reserve the right to use products of the same quality class from different manufacturers without prior notice. This applies in particular to carbon fibers from various manufacturers, which we classify into the categories HT (High Tensile), IM (Intermediate Modulus), HM (High Modulus), and UHM (Ultra High Modulus).
If a specific yarn is required, this can be verified by us upon prior request using the production number and a manufacturer's test certificate (for AERO materials).
7.7 Any application recommendations are merely examples of the purposes for which our products may typically be used based on experience and do not constitute binding assurances. It is the responsibility of the user to determine whether the selected product is actually suitable for the intended application. We disclaim any liability for damage resulting from improper use of our products.
8) Best Before Date (BBD)
Where a best before date (BBD) is indicated for our products, this information is provided voluntarily and serves solely as a non-binding reference. For two-component epoxy resins, there is no legal obligation to indicate a best before date, as these are chemical-technical products that are not subject to food labeling regulations.
A fixed best before date has only limited technical significance for two-component systems, as resin and hardener may have different production dates and storage stabilities. For this reason, we identify these products with a batch or production number to ensure traceability, together with appropriate storage instructions, instead of specifying a fixed best before date.
If a best before date is specified, we guarantee the product's shelf life until that date provided it is stored properly in its unopened original container, in a dry and dark environment, protected from UV radiation, and at suitable temperatures. When stored appropriately, epoxy resins and hardeners are often processable for many years in practice; actual usability depends on their condition.
Regardless of this, it is the purchaser's responsibility to verify the suitability of the product for the intended purpose before use.
We fill aerospace resins with great care. Traceability is ensured through batch numbers and manufacturer's test certificates. However, manufacturers of aerospace resins guarantee storage life only for their original containers. The Customer must decide whether to rely on repackaging by R&G or to use original containers. Original containers are available from stock at R&G, but generally only in quantities of 200 kg or more. Smaller containers are usually not produced by aerospace resin manufacturers and are therefore generally only available through distributor repackaging.
9) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
9.1 The Seller shall be liable without limitation on any legal basis
- in cases of intent or gross negligence;
- in cases of intentional or negligent injury to life, body or health;
- on the basis of a guarantee, unless otherwise regulated in this respect;
- under mandatory liability provisions, such as the German Product Liability Act.
9.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding provision. Material contractual obligations are obligations whose fulfillment is essential to achieving the purpose of the contract, whose fulfillment is necessary for the proper performance of the contract, and on whose compliance the Customer may regularly rely.
9.3 Any further liability of the Seller is excluded.
9.4 The above liability provisions shall also apply with regard to the liability of the Seller's vicarious agents and legal representatives.
10) Prohibition of Sale and (Re-)Export to Russia ("No Re-export to Russia")
10.1 The Customer shall ensure that the purpose of this provision is not frustrated by third parties in the further chain of trade, including possible resellers.
10.2 The Customer shall establish and maintain an appropriate monitoring mechanism to detect conduct by third parties in the further chain of trade, including possible resellers, that would frustrate the purpose of this provision.
10.3 Any breach of the foregoing obligations shall constitute a material breach of an essential component of this contract and shall entitle the Seller to withdraw from the contract.
10.4 If the Customer culpably breaches any of the foregoing obligations, the Customer shall be obliged to pay a contractual penalty in an appropriate amount to the Seller. The amount of the contractual penalty shall be determined by the Seller at its reasonable discretion and may be reviewed by a court in the event of a dispute. Any additional claim for damages to which the Seller may be entitled shall remain unaffected.
10.5 The Customer shall immediately inform the Seller of any problems in applying this provision, including any relevant activities by third parties that could frustrate the purpose of this provision. Upon request, the Customer shall provide the Seller within two weeks with information concerning compliance with the obligations under this provision.
10.6 If the Customer acts as an entrepreneur, the Customer shall not sell, export or re-export, directly or indirectly, to the Russian Federation or for use in the Russian Federation, any goods supplied under or in connection with this contract that fall within the scope of Article 12g of Regulation (EU) No. 833/2014.
11) Applicable Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
12) Place of Jurisdiction
If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller shall in any event be entitled to bring proceedings before the court having jurisdiction at the Customer's registered office.
13) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
