Terms and Conditions
Status: 15 December 2015
§ 1 Basic Provisions
(1) The following conditions of sale apply to the purchase contract for the supply of goods (in particular water filters and accessories) between you as a buyer and us (RDL Group GmbH) as a seller, if you conclude this purchase contract in your capacity as a consumer (§ 13 BGB, German Civil Code). This applies regardless of which method of communication (e.g. e-mail, fax, telephone) was used for the conclusion of this contract, and these terms of sale apply in particular to the purchase agreements made using our website‘s www.sonvita.com/en Online Shop system.
(2) All agreements made between you and us in connection with the sale contract arise in particular from these terms and conditions, our order confirmation or our declaration of acceptance pursuant to the following § 2 para. 3.
(3) Pictures or drawings, which are included in our web pages, brochures, advertisements and other company documentation are not binding. This applies unless the information we present in the pictures or drawings has been expressly designated by us as binding.
§ 2 Contractual Conclusion
(1) Notes, comments, descriptions and tips found on our web pages (including our online shop system), in brochures, advertisements and other documents about our product range do not represent a binding offer by us to conclude a sales contract, [...] but a solicitation/invitation to an order by you (purchase offer by the customer).
(2) You can make your purchase offer by phone, in writing, by fax, by e-mail or via the online ordering system. Please note: When buying via the online store system, please put the products you have chosen into your "shopping cart". Using the appropriate button in the navigation bar, you can view the "shopping cart". You can change or delete the contents of your shopping cart. After navigating to the "Checkout" page and typing in your personal information along with the payment method and shipping terms, all order information is then displayed. Before submitting the order, you have the opportunity to review all the information again, to change (also using the "back " function of the Internet browser) or to cancel the purchase. Only by sending the order by clicking on the appropriate button, do you submit a binding purchase offer to us. You will then receive an automatic e-mail about the receipt of your order. This e-mail does not yet lead to conclusion of the contract.
(3) The acceptance of the offer (and therefore the conclusion of the contract) on our part takes place either by confirmation in writing (e.g. e-mail) or by delivery of the goods. If you have not received an order confirmation or any goods within seven 7 working days, you are no longer bound by your order. In this case, services already rendered (e.g. as pre-payments via immediate payment systems such as PayPal) will be refunded immediately.
§ 3 Prices
(1) Our prices include the cost of packaging and the statutory VAT (final price). In cross-border deliveries, any further taxes (e.g. in the case of an intra-community acquisition) and/or charges (e.g. customs duties) which may be incurred are to be paid by you to the relevant customs and tax authorities.
(2) Shipping costs are included in our prices only to the extent that a separate agreement has been made with you. When ordering through our online shop system, you can view any incurred shipping and delivery costs on the "payment and shipping" page. The shipping and delivery costs will be listed separately during the ordering process and are borne by you unless free shipping and delivery are agreed to.
§ 4 Payment and shipping terms; Shipping and time of performance
(1) Unless we have agreed otherwise in writing with you, the purchase price payable by you without any deduction is to be paid within 30 days after receipt of our invoice. When ordering through our online shop system, you can find the payment and delivery conditions by clicking the button of the same name in the navigation. Delivery of goods is carried out exclusively in those countries that are explicitly listed under the individual products or in the shipping terms.
(2) If no other delivery time is specified by us (for example in the product description when using the online shop system), the shipment of the goods is carried out regularly within two (2) business days after conclusion of the contract, and with pre-payment only after receipt of the full purchase price and the shipping costs.
(3) If we culpably fail to comply with a delivery date or delivery deadline expressly agreed as binding or if a delay occurs for another reason, you must set a reasonable time for us to carry out the performance of the delivery. Should we let this period lapse without performing the delivery, you are entitled to withdraw from the purchase contract.
(4) Subject to the restrictions pursuant to § 5 herein, we are otherwise liable to you in accordance with statutory provisions if the contract is considered a business on fixed terms, or if you are entitled to assert claims based on[...] discontinuance of your interests in further performance of the contract due to any [...] delivery delay attributable to us.
(5) We are entitled in reasonable cases to make partial deliveries and partial services
(6) Should you be in default of payment, we are entitled from that date to charge interest at the rate of 5% above the current base rate of the European Central Bank (ECB). We reserve the right to prove higher damages.
§ 5 Quality of the goods; Conduct and rights in case of defects and arrears
(1) The essential qualities and characteristics of the goods are described in the respective product description.
(2) We ask you to check the goods immediately upon delivery for completeness, obvious defects and transport damage, and to communicate such complaints to us and the delivery company/freight forwarder as soon as possible. However, any omission to do so has no influence on your warranty claims.
(3) If the delivered item does not possess the qualities as agreed between you and us or is not suitable for the purposes and use as contractually stated, or is not suitable for general use or does not possess the features that you might expect based on our public statements about the product, we are obliged to supplementary performance (rectification). This does not apply if we are entitled due to the law to refuse supplementary performance.
(4) The supplementary performance shall be carried out at our discretion by rectification of the defect (repair) or delivery of new goods. You must grant us a reasonable period to fulfil subsequent performance. You are not entitled to reduce the purchase price or withdraw from the contract while the subsequent performance is being carried out. In the case that we have unsuccessfully attempted to repair the defect twice, the subsequent performance is deemed to have failed. If the subsequent performance has failed, you are entitled to demand a reduction in the purchase price or rescind the contract.
(5) You are entitled to make claims for damages due to a product defect only after the supplementary performance has failed. This does not affect your right to make further claims for damages pursuant to § 6 herein.
§ 6 Liability
(1) We are liable under the statutory provisions for damage to life, limb or health that are based on a culpable breach of duty by us, our legal representatives or our vicarious agents. Furthermore, we are liable under the statutory provisions for any other damages that are based on intentional or grossly negligent breaches of contract and fraudulent intent by us, our legal representatives or our vicarious agents. Inasmuch as the scope of the Product Liability Act is in effect, we are liable without limitation according to its provisions. We are also liable under a quality and/or durability warranty, if such a warranty exists in relation to the goods supplied. Should damage due to inadequate quality or durability occur but such damage does not directly affect the supplied goods, we shall only be liable if the risk of such damage is clearly covered by the quality and durability warranty.
(2) If damage is incurred due to delay or to default of the simple negligent breach of a material contractual duty (of an obligation, the fulfilment of which renders a correct execution of the contract and on which the compliance thereto the buyer may regularly rely) our liability is limited to typical, foreseeable damage predictable at the conclusion of the contract. The same applies if you make claims for damages instead of performance of duty.
(3) Any further liability claims against us do not exist regardless of the legal nature of the claims raised by you against us. This does not affect our liability pursuant to § 5 paragraph 5 above.
§ 7 Limitation
For the statute of limitations, the statutory provisions are valid. Deviating therefrom, the limitation period for warranty claims of customers for used goods shall be one (1) year after delivery, inasmuch as we would not be liable pursuant to § 6.
§ 8 Set-off, Right of retention
(1) You have the right to set-off only if your counterclaim is undisputed, legally established or recognized by us. You are also entitled to set-off against our claims if you assert such complaints or counter claims from the same contract of sale.
(2) Right of retention can only be exercised if it results from claims that arise from the same contractual relationship.
§ 9 Retention of title
The delivered goods remain our property until full payment of all claims arising from the contract of purchase has been made.
§ 10 Right of Withdrawal
(1) If a contract of sale was concluded exclusively using remote means of communication, such as by letter, telephone, fax, e-mail or online, you are entitled to the right of withdrawal. This is subject to the provisions of this § 10 and the terms of the cancellation policy as stated herein, inasmuch as you are not instructed otherwise (e.g. through a separate revocation instruction/cancellation policy) about your right of withdrawal. In the latter case the separate revocation shall prevail.
(2) In the event of deterioration of the goods caused by use for the purpose intended or for any other deterioration caused by you, or for loss, or any other impossibility to return the goods, you must make appropriate compensation. This does not apply if the deterioration is solely due to the examination of the goods - as would have been possible if the goods were displayed in a store. Incidentally, you can avoid having to pay compensation if you refrain from treating the goods as your own property and refrain from doing anything which will detract from [...]their value.
(3) The right of withdrawal does not apply to distance contracts.
a) or to the delivery of goods which are not prefabricated and which for their production contain significant characteristics of individual choice determined by the consumer or which are clearly tailored to the personal needs of the consumer;
b) or to the delivery of goods that can spoil quickly or whose expiration date is quickly reached.
(4) The right of withdrawal does not apply to the delivery of sealed goods which are not suitable for return due to reasons of health or hygiene if their seal has been removed after the delivery.
(5) In case you return of the goods (e.g. in the case of withdrawal), we kindly request that you send them back to us in their original packaging when possible.
§ 11 Final Clause, Applicable Law
The law of the Federal Republic of Germany shall apply to this contract. The UN Sales Convention does not apply.