General Terms and Conditions of the company RESTUBE GmbH
§ 1 Scope & defense clause
(1) The legal relationships established via this Internet shop between the operator of the shop (hereinafter “provider”) and you as the customer (hereinafter “customer”) shall be governed exclusively by the following General Terms and Conditions (“T&Cs”) in the version valid at the point in time of the order placement.
(2) All offerings are intended exclusively for customers who are consumers. Consumers are defined as all natural persons who enter into a legal transaction for purposes that cannot primarily be attributed to their commercial or professional self-employment activities (§ 13 Civil Code (BGB)).
(3) The provider reserves the right to modify or discontinue offerings. Unless otherwise agreed upon, any conflicting General Terms and Conditions from the customer are hereby expressly rejected.
§ 2 Contractor, Conclusion of Contract
(1) The following regulations governing the conclusion of the contract apply for orders made via our Internet shop https://www.restube.com.
(2) The contract is entered into with us as the provider:
RESTUBE GmbH
Dipl.-Ing. Christopher Fuhrhop (CEO)
Dieselstr. 1
76327 Pfinztal – Berghausen
Germany
Registration Number: HRB 714 502
Court of Registration: Amtsgericht Mannheim
(3) The presentation of goods in our Internet shop does not constitute a legally binding contractual offer on our part. Instead, they are only a non-binding offer which you may utilize for the purposes of ordering goods. You can first place products, obligation-free, into the shopping cart and correct the information you have entered at any time before submitting your binding order by utilizing the correction aids provided for this purpose during the order process. By clicking on the “Buy now” button to order the desired goods, you submit a binding offer for the conclusion of a purchase contract for the goods contained in the shopping cart. By submitting the order, you also acknowledge these T&Cs as having exclusive authority over the legal relationship with the provider.
(4) The provider shall confirm the receipt of your order by sending a confirmation email. This order confirmation does not yet constitute acceptance of your contractual offer by the provider. It is meant simply to inform you that the provider has received your order. Acceptance of the contractual offer is declared by shipping the goods or in the form of an express declaration of acceptance.
(5) A binding contract can also be concluded before this point in time in the following cases:
(5.1) If you have chosen PayPal as the method of payment, the contract is concluded at the point in time your payment authorization for PayPal is confirmed.
(5.2) If you have chosen SOFORT instant bank transfer as the method of payment, the contract is concluded at the point in time your payment authorization for SOFORT GmbH is confirmed.
(6) The languages available for the conclusion of contract are: German, English, French, Spanish, Italian, and Dutch.
(7) We only give additional warranties for the goods sold if this has been explicitly specified in our declaration of acceptance for the relevant items. Manufacturer warranties, if any, shall remain unaffected. If the item description mentions a warranty, your legal warranty rights with regard to us shall remain unaffected by this. The scope of the warranty and all important information which is required in order to claim the warranty can be viewed in the warrantor’s terms of warranty. You can contact our customer service during our office hours between 9 a.m. and 5 p.m. on the telephone number +49 (0)721/486 901 0. Alternatively, you may also send us an email to:
info@restube.com
(8) We do not store the text of the contract. Due to security reasons, you order details are no longer accessible via the Internet.
§ 3  Terms of delivery
(1) All prices indicated are gross prices including the prevailing statutory sales taxes (VAT) and any other components, excluding shipping costs (“product prices”). In addition to the product prices indicated, shipping charges will also apply. For more information on shipping costs, please refer to the relevant offers.
(2) In general, you also have the option of picking up the goods at RESTUBE GmbH, Dieselstr. 1, 76327 Pfinztal Berghausen, Germany, at the following office hours: Monday to Friday from 8 a.m. to 5 p.m., except on public holidays. Please inform us no later than two working days before coming by to pick up the goods so that we are able to prepare the goods from our warehouse.
(3) We do not deliver to Packstations.
(4) Unless clearly specified otherwise in the product description, all items we offer are immediately ready for shipment. In this case, delivery shall take place within 3 working days, whereby for payments in advance the deadline for the delivery shall begin to elapse on the day after the day the payment order is placed with the bank instructed to perform the bank transfer, and for all other methods of payment on the day after conclusion of contract. If the date of the deadline is a Saturday, Sunday, or public holiday at the place of delivery, it shall be extended to the next working day.
§ 4  Payment
Our shop accepts the following methods of payment:
(4.1) Bank transfer
Payment by bank transfer of funds to our bank account. In the “Reason for payment” field, please make sure that you indicate your order number so that we are able to clearly identify your order. Goods will only ship after payment has been received.
When paying by bank transfer, additional costs of 0 euro will be incurred.
(4.2) Credit card
Your credit card will be charged after your order placement is complete.
When paying by credit card (stripe), additional costs of 0 euro will be incurred.
(4.3) PayPal
Payment of the invoice amount via the online provider PayPal. You will generally need to be registered with PayPal or first register with PayPal, verify yourself with your login details, and then authorize the payment to us. Additional information will be provided during the order process.
When paying by PayPal, additional costs of 0 euro will be incurred.
(4.4) SOFORT instant bank transfer
We also offer SOFORT instant bank transfers. If this method of payment is chosen, we will receive the funds immediately. This accelerates the entire order process. All you require for this is your account number, bank routing number, PIN, and TAN. Using SOFORT GmbH’s secure payment form, which is not accessible to merchants, SOFORT automatically performs a bank transfer in real time using your online banking account. During this process, the funds are transferred instantly and directly to the merchant’s bank account. If SOFORT instant bank transfer is chosen, a form that has already been filled in will appear at the end of the order process. Our bank details will already be entered into the form. Furthermore, the transfer amount and reason for payment will also already be entered into the form. You will now need to select the country in which you have your online banking account and enter your bank routing number. You then enter the same information as if you were logging into your online banking account (account number and PIN). Confirm your order by entering the TAN. Immediately thereafter, you will receive confirmation of the transaction. In general, any Internet user can use SOFORT instant bank transfer as a payment method if they possess an activated online banking account which utilizes a PIN/TAN procedure. Please note that a small number of banks do not yet offer SOFORT instant bank transfer. For more information on whether your bank supports this payment method, please visit the following link:
https://www.sofort.com/eng-DE/kaeufer/su/online-zahlen-mit-sofort-ueberweisung/
When paying by SOFORT instant bank transfer, additional costs of 0 euro will be incurred.
§ 5 Right of revocation
You have the right of revocation as specified in the section entitled “Revocation” (https://www.restube.com/widerrufsbelehrung).
According to § 312g (2) of the Civil Code (BGB), the right of revocation does not apply in the following cases (list is not exhaustive): in the case of contracts for the delivery of goods that are not prefabricated and for which an individual selection or specification by the consumer plays a major role in the manufacture of these goods, or goods which are clearly tailored to the consumer’s personal needs. Furthermore, the right of revocation is voided prematurely in the case of contracts for the delivery of sealed goods which cannot be returned due to health or hygiene reasons if their seal is removed after delivery.
§ 6 Retention of title
The goods shall remain the property of the provider until full payment has been made.
§ 7 Damages in transit
If goods are delivered with obvious damages suffered during transportation, please submit a claim for these damages to the delivery company immediately, and inform us of the incident without delay. Failure to lodge a claim or contact any party has no consequences whatsoever for your legal claims and their assertion, in particular your warranty rights. However, this helps us to assert our own claims against the forwarding company and/or transportation insurance.
§ 8  Defects liability and warranties
(1) Statutory defects liability regulations apply. Information on any applicable additional warranties and their exact terms can be found together with the relevant product and on special information pages in the shop.
(2) The statute of limitations for warranty claims made by the customer is 2 years for newly manufactured goods, and 1 year for used goods. The aforementioned reduction in the statutory limitation periods does not apply for damage claims made by the customer due to injury to life, physical injury, injury to health, nor for damage claims due to the violation of essential contractual obligations. Essential contractual obligations refer to obligations which need to be fulfilled in order to achieve the goal of the contract. For example, the provider is to hand over the goods to the customer free of material defects and defects of title, and to transfer ownership to him.
The aforementioned reduction in the statutory limitation periods also does not apply in the case of damage claims arising from a willful or grossly negligent violation of obligations on the part of the provider, its legal representatives, or agents.
(3) The provider does not provide any warranty.
§ 9 Exclusion of liability
(1) Damage claims by the customer are considered null and void unless otherwise specified in the following. This exclusion of liability also applies in favor of the provider’s legal representatives and agents if the customer asserts claims against them.
(2) The following are excluded from the exclusion of liability in section (1): damage claims due to injury to life, physical injury, injury to health, and damage claims due to the violation of essential contractual obligations. Essential contractual obligations refer to obligations which need to be fulfilled in order to achieve the goal of the contract. For example, the provider is to hand over the goods to the customer free of material defects and defects of title, and to transfer ownership to them.
Also excluded from the exclusion of liability are damage claims arising from a willful or grossly negligent violation of obligations on the part of the provider, their legal representatives, or agents.
(3) The provisions of the Product Liability Law (ProdHaftG) remain unaffected.
§ 10 Prohibition on assignment and pledging
The customer is prohibited from assigning or pledging claims or rights owed to the provider without the provider’s consent, unless the customer is able to prove a legitimate interest in the assignment or pledge.
§ 11 Offsetting
The customer shall only have the right to perform an offset if the claims they are offsetting have been established in a court of law or are undisputed.
§ 12 Choice of law
The contractual relationships between the provider and the customer are governed exclusively by the laws of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has their habitual residence. The applicability of the CISG is explicitly excluded.
§ 13 Severability clause
If any provision of these General Terms and Conditions should be invalid, the validity of the remaining provisions shall not be affected.
Date of T&Cs:
26.05.16