Terms of Service (TOS)
General terms and conditions
§ 1 Scope of Application
(1) These General Terms and Conditions apply to contracts that you conclude with us as the provider (RYSTA GmbH, Große Hamburger Str. 17, 10115 Berlin, Germany) via the website www.rysta.de. In addition to these GTCs, the statutory provisions shall apply.
(2) Deviating, conflicting or supplementary GTCs of the customer shall only become part of the contract if and to the extent that we have expressly consented to their application.
(3) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly attributable neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Conclusion of Contract
(1) The presentation of goods in our online store does not constitute a binding offer to conclude a purchase contract.
(2) The contract is concluded via the online shopping cart system as follows:The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview. The customer's order will be sent to us only after clicking the button "Order with costs". Before sending the order, the customer can change and view the data at any time. However, the order can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the button "I accept the terms and conditions" and has thereby included them in his order. The order represents a legally binding offer to which the customer is bound for 7 calendar days. A possible right of revocation according to § 3 remains unaffected.
(3) After receipt of the order by us, we immediately confirm the receipt of the order to the customer by e-mail. The order confirmation does not constitute an acceptance of the contractual offer, unless the acceptance is declared at the same time. A contract between us and the customer is only concluded by sending a declaration of acceptance by e-mail. In this declaration of acceptance, but no later than upon delivery of the goods, the text of the contract (consisting of the General Terms and Conditions and the order confirmation) shall be sent by us to the customer on a durable medium (e-mail or paper printout). The contract text will be stored by us in compliance with data protection.
§ 3 Delivery Conditions
(1) Deliveries are always made at the customer's expense, unless otherwise agreed. The amount of the shipping costs is displayed in the order process.
(2) The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
(3) If the goods are not available at the time of the order and this is not displayed in our online store, we will inform the customer immediately. If the product is permanently unavailable, we do not accept the customer's contract offer, so that a contract is not concluded. If the product is only temporarily unavailable, we will also inform the customer immediately.
(4) If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
(5) If you are an entrepreneur, delivery and shipment shall be at your risk.
§ 4 Prices and Methods of Payment
(1) The prices listed in the respective offers are gross prices; they include all price components including all applicable taxes.
(2) The applicable shipping costs are not included in the purchase price. They are available on our website or in the respective offer. The shipping costs are shown separately in the course of the ordering process and are to be borne by you in addition to the purchase price, unless otherwise agreed.
(3) If the delivery is made to countries outside Germany or the European Union, we may incur additional costs for which we are not responsible, e.g.
(4) The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
(5) Unless otherwise agreed, the purchase price from the concluded contract is due for payment immediately.
§ 5 Right of Withdrawal / Exclusion of the Right of Withdrawal
If the customer is a consumer according to § 1 para. 3 above, he has the following right of withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods or, in the case of partial shipments, have taken possession of the last partial shipment.You must inform us of your revocation within this period by means of a clear declaration. For this purpose, you can use the attached model withdrawal form, which is, however, not mandatory.To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. The notification shall be sent to:
Große Hamburger Str. 17
Consequences of the Withdrawal
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs, without delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods.You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days.You bear the direct cost of returning the goods.You must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
Exclusion of the Right of Withdrawel
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
§ 6 Right of retention and reservation of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The delivered goods shall remain our property until the purchase price has been paid in full.
(3) For entrepreneurs, the following provisions shall continue to apply:
a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 7 Warranty
(1) The warranty for material defects or defects of title of delivered goods shall be governed by the statutory provisions.
(2) As a consumer, you shall inspect the item immediately upon delivery for completeness, obvious defects and transport damage and notify us immediately of any complaints. If you do not comply with this, this shall have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty by rectification or subsequent delivery at our discretion. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs incurred by transporting the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply:- to culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;- in the case of items which have been used for a building in accordance with their customary manner of use and have caused its defectiveness;- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
§ 8 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction shall be our registered office insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also invoke the court at another statutory place of jurisdiction shall remain unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
Latest Update 05.11.2021