Terms and Conditions FR
Version 15 July 2017

1. Area of applicability

1.1. For the business relationship between reichelt elektronik GmbH & Co. KG and the purchaser the terms and conditions below as amended at the time the order is placed shall apply. We do not recognise purchasing conditions of the purchaser that conflict with or deviate from our T&C and we reject them. Current version: online at terms.reichelt.com or on request. In supplementation to the above the license conditions of the manufacturers that are provided with the products shall also apply. Product names and logos are the property of the manufacturers and must not be used without permission. Product depictions are only sample depictions and can vary from the delivered products.

1.2. Purchase orders and deliveries are only possible in the countries that can currently be selected in the country selection of our online shop, if there are no statutory regulations to the contrary. If you should desire delivery into a different country, we would be pleased to help you in this regard.

2. Conclusion of contract

2.1. The presentation of goods in the online shop does not constitute a legally binding offer to conclude a contract. But rather it is a non-binding invitation to order goods in the online shop.
By clicking the "Buy now" button you submit a binding purchase order for the goods contained in the shopping cart.
Directly after receipt of the purchase offer you will receive an automatically generated email with which we confirm that we have received your purchase order (order acknowledgement). This order acknowledgement does not constitute an acceptance of your purchase offer. A contract is not yet concluded through the order acknowledgement.
A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer via email (order confirmation) or when we send the goods to you within five days.

2.2. The contract language in Germany is German, in France it is French, German or English.

3. Prizes

3.1. The prices in the online shop at the time of ordering apply for the delivery. The prices shown in the catalogue or online shop with private customer status, include the legal VAT. If there is an increase in legal VAT, reichelt elektronik GmbH & Co. KG shall be obligated to charge you for the VAT rate that is then valid. This shall also apply if there is a price increase in the book market due to legally binding resale price maintenance. For deliveries to customers in some European countries, reichelt is obligated to charge the country-specific value added tax rate. The VAT rates included in the prices correspond to, if legally required, those in the country preselected in the online shop.

3.2. All prices are exclusive of shipping costs. Shipping costs are determined depending on the weight of the parcel and the recipient country selected in the online shop. The flat-rate shipping costs per country and weight are listed online at: shippingcosts.reichelt.com.

3.3. On invoices, in addition to the item net price/total net price, the other incidental costs (fees, valid VAT, VAT rate) are also listed.

3.4. Promotional offers in our shop can be limited in time or in quantity. Details are shown provided in the products description.

4. Payment terms

4.1. Payment methods:
The payment methods per country can be viewed at: payments.reichelt.com. For the selected payment methods, direct debit (only possible Germany), PayPal and Amazon Payments, the invoice amount will be charged after delivery. If you select the payment method credit card, your credit card will be charged at the time the order is placed.

4.2. Default in payment
The general statutory regulations regarding default in payment apply.

5. The consumer's right of revocation


Consumers are entitled to legal right of revocation.
5.1. Revocation clause for end consumers within the EU


Revocation

Right of revocation
You have the right to revoke this contract within fourteen days without specifying reasons. The revocation period is fourteen days from the day at which you or a third party appointed by you that is not the carrier, have/has taken possession of the goods. To exercise your right of revocation, you must inform us: reichelt elektronik GmbH & Co. KG, Elektronikring 1, 26452 Sande, Fax: +49 (0) 4422-955-211, Tel.: +49 (0) 4422 955- 421, email: revocation@reichelt.com via a clear declaration (e.g. letter sent via post, fax or email) concerning your decision to revoke this contract. You can use the provided sample Revocation Form, for this purpose; note however that this form is not prescribed.
Sending the notification of exercise of the revocation right prior to expiration of the revocation period shall suffice for compliance with the revocation period.

Consequences of revocation
If you revoke this contract, we are obligated to return to you all payments that we have received from you, including the delivery costs (with the exception of additional costs that arise from the fact that you have selected a type of delivery other than the least expensive standard delivery that we offered), without delay, and at the latest within fourteen days from the day on which the notification regarding the revocation was received by us.
For this repayment we use the same payment method that you used for the original transaction, if nothing to the contrary has been agreed with you. Under no circumstances will you be billed fees due to this revocation.
We can refuse repayment until we have received back the goods, or until you have provided proof that you have sent back the goods, whichever comes first.
You are obligated to send the goods back to us or hand-over the goods to us without the delay, and in any case at the latest within 14 days from the day on which you notified us of the revocation of this contract.
The period is complied with if you dispatch the goods before the 14 day period expires.
For contracts with consumers, within Germany, we pay the costs of the return shipment if the enclosed return parcel sticker is used. In all other aspects we bear the direct costs for the return shipment of the goods. From France and other countries the return costs for specific countries and weights correspond to the flat rates for transport when using the reichelt return shipment label and can be viewed at shippingcosts.reichelt.com.
You must only be responsible for any value loss of the goods, if this value loss is attributed to your handling of the goods that is not necessary to check the condition, properties and mode of operation of the goods.
Notice of non-existence of the right of revocation
The right of revocation does not exist for distance contracts regarding the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

End of the revocation clause



5.2. Right of revocation in Europe
The right of revocation applies to all EU countries.
In Non-EU countries, Switzerland, for example, we bill the special costs for customs clearance of the return shipment.

5.3. The right of revocation does not exist for contracts regarding the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

6. Return of goods

6.1. Return deliveries within Germany
Because we have made special agreements with the parcel service provider DHL (mail) relative to return shipments, we offer consumers, who desire to exercise the right of revocation set forth in number 5.1 above, the general possibility of commissioning DHL to execute the return shipment using the return sticker provided with the shipment.
Commissioning DHL is not a strict prerequisite for effective exercise of the right of revocation.

6.2. Return deliveries can be processed easily, safely and cost-effectively country-specifically with the respective transport service provider. Electronically, online at:
returns.reichelt.com
by entering the order-related data concerning return shipments and specification of the parts that are being sent back, you can inform reichelt of the return and request a return label.
reichelt will review the return notification immediately after receipt, and will send you an address label for the return shipment.
You can then send back your return shipment with the local post office or UPS with the address label received from reichelt.

6.3. For our Swiss customers the shipment will be conveniently pickup up by GLS after notification and a certain lead time. We reimburse you the credit memo amount directly after receipt and inspection of the goods, if payment has already occurred. This provision does not restrict your legal rights, nor does it restrict your right of revocation set forth in number 5.1 of these Terms and Conditions.

7. Delivery capability / replacement delivery / partial delivery

7.1. If at the time the order is placed, the ordered goods are not available, reichelt will inform you without delay, and will not accept the purchase order for the goods, so that a contract is not concluded. Any payments that have been made will be reimbursed without delay.
If a portion of the purchase order is not immediately deliverable, because reichelt for reasons for which reichelt is not responsible, has not received delivery, despite having placed appropriate orders with reliable suppliers, the remaining goods will be delivered later without subsequent billing of the flat-rate transport costs, if this is acceptable to the purchaser.

8. Retention of title

8.1. Until payment in full is received, the goods will remain the property of
reichelt elektronik GmbH & Co. KG, Elektronikring 1, 26452 Sande, Germany

9. Software / licenses / literature

9.1. In many cases, for certain items (e.g. software) license terms of the manufacturer apply that extend beyond our conditions. With the opening of the sealed package, or operation of the software, you acknowledge these terms and if these terms are violated you are liable for the ensuing damage.

10. Warranty

10.1. Legal warranty applicable to customers who are consumers
The legal warranty granted to customers who are consumers is the legal warranty under German law applicable in accordance with Article 15.1 of these terms and conditions. However, pursuant to article 6-2 of European Regulation no. 593/2008 of 17 June 2008 and Article 15.3 of these terms and conditions, this choice of law must not have the result of depriving you of the protection afforded by the mandatory rules of French law.
For this reason, bear in mind that under French law, purchasers benefit from legal warranties in conformity with the conditions set forth in Articles L.217-4 et seq. of the Consumer Code and from the warranty against hidden defects in the conditions as provided for in Articles 1641 et seq. of the Civil Code, (which provisions are provided in Appendix 1 of these terms and conditions).
We inform you that the company reichelt electronik GmbH & Co Kg, with registered office at Electronikring 1, 26452 Sande, Germany is the guarantor for conformity of the contractual products within the framework of these two legal warranties.
It should be noted that within the framework of the legal warranty of conformity, the purchaser:
• shall have a period of two years from delivery of the goods to act vis-à-vis the seller;
• can choose to either have the goods repaired or replaced, under the price conditions set out in article L.217-9 of the French Consumer Code;
• is not required to provide proof of the existence of the defect concerning the goods during the 24 months following the delivery of the goods for contracts concluded as of 18 March 2016. For contracts entered into before this date, the defect is presumed to have occurred during six (6) months.
The statutory warranty of conformity applies independently of the commercial warranty that could possibly be granted by the seller.
The Purchaser can decide to use the warranty against hidden defects of purchased goods in the meaning of article 1641 of the Civil Code. In this case, the Purchaser can choose between cancellation of the sale or reduction of the sales price pursuant to Article 1644 of the Civil Code.

10.2. Statutory warranty applicable to customers who are merchants
For contracts, entered into with customers who are merchants, the term of the legal warranty, subject to German law, is fixed at one year from the date of delivery. This period does not apply for claims for damage on the part of the purchaser arising from loss of life, bodily injury or damage to the health of a person, or arising from gross negligent violations of obligation on the part of the seller, or the seller's vicarious agents that are prescribed in accordance with the statutory regulations of German law.

11. Liability

11.1. reichelt elektronik GmbH & Co. KG cannot be made liable in the case of data loss. You as customer are yourself responsible for backing up your data.

11.2. reichelt elektronik GmbH & Co. KG is not liable for negligent violation of obligations, provided that this does not concern any significant contractual obligations or damage arising from loss of life, bodily injury or damage to the health of a person, in accordance with the German Product Liability Law. reichelt elektronik GmbH & Co. KG is only liable for such damage that is based on fraudulent concealment of the defect, or if reichelt elektronik GmbH & Co. KG has given a guarantee for the condition of the goods.

11.3. If reichelt elektronik GmbH & Co. KG is also liable for negligence, the liability is limited to the damage that is foreseeable and typical for this type of contract.

11.4. If the liability of reichelt elektronik GmbH & Co. KG is excluded or restricted, this also applies for the liability of legal representatives, employees and vicarious agents of reichelt elektronik GmbH & Co. KG.

11.5. The provisions cited above delineate the complete scope of liability of reichelt elektronik GmbH & Co. KG, its management, and well as is employees. More extensive liability is excluded.

12. Data protection

12.1. Transfer of personal data to third parties for commercial purposes does not occur. Exceptions are service partners who need data to process your purchase order. These include transport companies, our financial service partners, suppliers in a guarantee case, as well as possible mailers of promotional material for our own online and print advertising (e.g. retargeting advertising or the sending of catalogues).

12.2. A transmission of any data to service partners always occurs in accordance with the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetztes BDSG) and in accordance with the provisions of the German Telemedia Act (German Telemedia Act (TMG)). The scope of the transmission is restricted to the necessary minimum.

12.3. You as customer can object to the future use of your address data for our advertising purposes at any time. Send the objection to:
reichelt elektronik GmbH & Co. KG, Elektronikring 1, 26452 Sande, Germany
Fax: +49 (0)4422-955211, email: revocation@reichelt.com
More detailed information concerning data privacy at reichelt elektronik can be viewed online at privacy-policy.reichelt.com.

13. Export control, embargo regulations


Certain products of US-American origin that are sold by reichelt elektronik can be subject to US-American, as well as European and German export restrictions. You as customer are obligated to comply with all applicable export conditions, export restrictions and expert regulations of the USA, of Germany, and/or the foreign administrations or government agencies. Moreover you are obligated to neither directly nor indirectly deliver these products is countries that are subject to a trade embargo, or to companies and persons who are cited on the Denied Persons List or similar lists.
You are legally obligated to inform all recipients of these products of the necessity of obeying these laws and ordinances.

14. Miscellaneous

14.1. If you as customer are an entrepreneur as defined in § 14 of the German Civil Code, the place of fulfilment for all reciprocal performances arising from the contract shall be Sande, Germany.

14.2. Purchase orders transmitted multiple times – for whatever reason – must be clearly marked, otherwise the performances will be executed repeatedly. In such cases we will not incur any costs.

14.3. Auction goods: Only the contract partner of reichelt elektronik GmbH & Co. KG is entitled to assert warranty claims or guarantee claims. This also applies for collective purchase orders.

14.4. If specific provisions of these T&C should be legally ineffective in whole or in part, then this not affect the validity of the remaining provisions of these T&C.

15. Applicable law, legal venue and Alternative Dispute Resolutions (ADR)

15.1. The contract is governed by German law, to the exclusion of the UN uniform law on the international sale of goods. .
The sole legal venue is Jever, Germany or another legal venue chosen by reichelt elektronik GmbH & Co. KG, if you as customer are a merchant as defined in the German Commercial Code HGB, a legal entity under public law.

15.3. If you as customer are acting as a private person the provisions of § 15.1 and 15.2 leave unaffected the mandatory statutory regulations of the country in which you have your habitual place of residence and from where you have concluded this contact.

15.4. As consumer, you have the possibility to contact our internal mediator (consumer-arbitration@reichelt.de) for any dispute that potentially cannot be resolved directly with reichelt elektronik GmbH & Co. KG. Furthermore, the European Commission has provided a platform for out of court settlement. Thus, consumers have the possibility of resolving disputes concerning their online order beforehand, without judicial intervention. You can access this platform for resolving disputes at the following address: https://ec.europa.eu/consumers/odr/.

Service address:
reichelt elektronik GmbH & Co. KG with capital of 3,000,000 Euros
Managing Directors: Ulf Timmermann, Hermann Herzog
Elektronikring 1, 26452 Sande
Commercial register: HRA 200654 District Court of Oldenburg
VAT ID no.: DE 259817039
WEEE-No.: DE 58715331
Phone: +49 (0)4422 955-333
Fax: +49 (0)4422 955-111
E-mail: info@reichelt.de

General Partner:
reichelt elektronik Verwaltungsgesellschaft mbH
Elektronikring 1
26452 Sande, Germany
Distict Court Oldenburg, HRB 130281
Managing Directors: Ulf Timmermann, Hermann Herzog


ATTACHMENT 1

Article L.217-4 of the French Consumer Code
The seller is required to deliver goods which comply with the contract of sale and is accountable for any lack of conformity at the time of delivery. The seller is also accountable for any lack of conformity resulting from the packaging or from instructions for mounting or installation when the seller is contractually responsible for same or when it is carried out under the seller’s responsibility.

Article L.217-5 of the French Consumer Code
To comply with the contract of sale the goods must:
1. be suitable for the purpose usually associated with such a product and, where appropriate:
o correspond to the description given by the seller and have the qualities shown to the purchaser in the form of a sample or model;
o have the qualities that a purchaser might legitimately expect in view of public statements made by the seller, the manufacturer or its representative, particularly in advertising or labelling;
2. or have the characteristics defined by mutual agreement between the parties or be suitable for any special requirement of the purchaser, brought to the knowledge of and accepted by the seller.”

Article L217-7 of the French Consumer Code
The defects in conformity that appear within a period of twenty four months after the date of delivery of the goods, are presumed to have existed at the moment of delivery without proof to the contrary.
The seller shall be entitled to dispute this presumption unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

Article L.217-12 of the French Consumer Code
Action resulting from defects in conformity lapses after two years from the date of delivery of the goods.

Article L.217-16 of the French Consumer Code
When the purchaser asks the seller to carry out repairs covered by his contractual guarantee, the period of any resultant shutdown of seven days or longer shall be added to the unexpired term of the guarantee. The said period shall run from the time when the buyer requests assistance or the time when the product in question is taken out of service pending repair, should this be subsequent to the request for assistance.

Article 1641 of the French Civil Code
The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the purchaser would not have bought it, or would only have given a lesser price for it if he had known of the defects.

Article 1648, Paragraph 1 of the French Civil Code
An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.

Download AGB as PDF-File

print    

Download Adobe AcrobatReader:


To view the PDF you need Adobe Reader. The reader can be downloaded by clicking the Adobe-Logo.