These General Terms and Conditions of the company RQshop (hereinafter referred to as "seller” or “we”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "client”) and the seller relating to all goods presented in the seller's online shop. The inclusion of the client’s own conditions is herewith objected to, unless other terms have been explicitly agreed to by the seller.
2. Contract Partner
A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
3. Conclusion of the Contract
3.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the seller, but merely serve the purpose of submitting a binding offer by the Client. 3.2 The client may submit the offer via the online order form integrated into the seller's online shop. In doing so, after having placed the selected goods in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the client submits a legally binding offer of contract with regard to the goods contained in the shopping cart. 3.3 The seller may accept the client’s offer within five days
by transferring an order confirmation in written form (e-mail); insofar reception of an order confirmation by the client is decisive, or
by delivering the ordered goods to the client; insofar reception of goods by the customer is decisive, or
by requesting the client to pay after he has placed his order.
In the case that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. Should the seller not accept the client’s offer within the period of time mentioned before, this shall be deemed as rejecting the offer with the effect that the client is no longer bound to his statement of intent. 3.4 With the submission of an order via the seller’s online order form, the client accepts the General Terms and Conditions mentioned here at that point of time. The text of the contract will be stored by the seller and will be sent to the client in writing via e-mail, after the client has placed his order. In addition, the text of the contract will be stored on the seller's website and can be found in the client’s password-protected customer account, that was created prior to submitting his order, by entering his chosen login information. 3.5 Befor submitting a binding order via the seller’s online order form, the client is obligated to check his input for errors by reading the information displayed on the screen attentively. The client can correct all the data entered by using the keyboard and mouse functions during the electronic ordering process, until he clicks the button to finalize his order. 3.6 For the conclusion of the contract, exclusively German and English are available. 3.7 Order processing and contacting usually takes place via e-mail and automated order processing. It is the client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate, so that e-mails sent by the seller can be received by him. If spam filters are used, it is the client`s responsibility to ensure that all e-mails sent by the seller or by third parties commissioned by the seller with the order processing can be delivered.
4. Right to Cancel
Consumers are entitled to the right to cancel the contract within 14 days of the time the order was submitted. Detailed information about the right to cancel is provided in the seller’s instructions (Right of Revocation and Revocation Form). Please note that CDs can only be returned in the originally sealed and unopened condition, otherwise the right of revocation becomes extinct.
5. Prices and Terms of Payment
5.1 Unless otherwise stated in the seller’s product description, prices indicated are final, including fees and statutory sales tax. Due to the status of RQshop according to §19 UStG (German tax law) we are not able to specify or charge any value-added taxes (VAT). 5.2 The client has to bear any eventually upcoming customs and import taxes. 5.3 Payment can be made by using one of the methods mentioned in the seller’s online shop, for clients outside of Germany preferably bank transfer or PayPal. The client has to bear any additional fees (bank transfer fees, money exchange fees, etc.) caused by the choice of his payment method. 5.4 If prepayment by bank transfer has been chosen, payment is due immediately after conclusion of the contract.
6. Shipment and Delivery Conditions
6.1 In general the ordered goods will be delivered to the delivery address specified by the client by normal mail, unless otherwise agreed upon. When processing the transaction, the delivery address given in the seller's order processing is decisive. In case the client selects the payment method PayPal, the delivery address established with PayPal at the date of payment shall be decisive. 5.2 If the delivery of the goods fails for reasons the client is responsible for, the client has to bear the cost of the unsuccessful dispatch. This does not apply, if the client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the client's control or if he has been temporarily impeded to receive the offered service, unless the seller has notified the client about the upcoming delivery for a reasonable time in advance.
7. Retention of Title
If the seller offers advance delivery, he retains title of ownership to the delivered goods until the purchase price owed has been paid in full.
8.1 Should the object of purchase be defective, statutory regulations of liability apply. 8.2 If the client acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller as well. If the client does not comply, it has no effect on his statutory or contractual claims for defects.
9. Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
10. Place of Jurisdiction
If the client acts as a merchant, legal entity under public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the client is based outside of the territory of the Federal Republic of Germany, the seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the client’s professional or commercial activities. In any event however, regarding the aforementioned cases the seller is entitled to call the court responsible for the seat of the client.
11. Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchases concluded between consumers and vendors. 11.2The seller is not obliged to participate in a dispute settlement procedure at a consumer arbitration board.