General terms and conditions

1. Scope

(1) These General Terms and Conditions of Sale (hereinafter: GTC) shall apply to all contracts concluded via our online store between us

RDS Fulfillment GmbH
Benzstr. 5, 82178 Puchheim, Germany
Managing Director: Michael Rocher, Philipp Mohs
Munich Local Court, HRA 289648
+49 (0)89 8973630

and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.

(2) All agreements made between you and us in connection with the purchase contract shall result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.

(3) The version of the GTC valid at the time of conclusion of the contract shall apply.

(4) We do not accept any deviating conditions of the customer. This shall also apply if we do not expressly object to the inclusion of such conditions.

2. Conclusion of contract

(1) The presentation and advertising of items in our online store does not constitute a binding offer to conclude a purchase contract. (2) By submitting an order via the online store by clicking on the button “Place order and pay”, you place a legally binding order. You shall be bound by the order for a period of two 

(2) weeks after placing the order; your right to withdraw your order pursuant to Section 3 (if applicable) shall remain unaffected.

(3) We will immediately confirm the receipt of your order placed via our online store by e-mail. Such an e-mail does not yet constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance of the order is declared at the same time.

(4) A contract is only concluded when we accept your order by a declaration of acceptance or by delivery of the ordered items.

(5) If the delivery of the goods you have ordered is not possible, for example because the corresponding goods are not in stock, we refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any form of payment already received without delay.

3. Right of withdrawal

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with statutory provisions.

(2) If you, as a consumer, make use of your right of withdrawal pursuant to clause 1, you shall bear the regular costs of the return shipment.

(3) In all other respects, the right of withdrawal shall be governed by the provisions set forth in detail in the following

Withdrawal policy

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without specifying any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have/has taken possession of the goods.

To exercise your right of withdrawal, you must send us [ RDS Fulfillment GmbH, Benzstr. 5, 82178 Puchheim, Germany, Managing Director: Michael Rocher, Munich Local Court, HRA 289648, +49 (0)89 8973630,] of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You can use the enclosed sample withdrawal form for this purpose, but it is not mandatory.

In order 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. 

Consequences of the withdrawal If you withdraw from this contract, we must return to you all payments we have received from you, excluding delivery costs, without delay and at the latest within fourteen days from the day on which we received 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 for this repayment. We may refuse to refund you until we have received the goods or until you have provided proof that you have returned the goods, whichever is the earlier. 
You must return or hand over the goods to us without delay; in any case no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you dispatch the goods before expiry of the deadline of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the nature, properties and functioning of the goods.

 - End of the withdrawal policy- 

(4) The right of withdrawal does not apply to distance contracts for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded.

4. Terms of delivery and advance payment provisio

(1) We shall be entitled to make partial deliveries insofar as this is reasonable for you.

(2) The delivery period is approximately two (2) business days, unless otherwise agreed. It shall commence - subject to the provision in (3) - upon conclusion of the contract.

(3) In the case of orders from customers with their place of residence or business abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment provisio). 

5. Prices and shipping costs

(1) All prices quoted in our online store are gross prices including the statutory value added tax and do not include shipping costs. 

(2) The shipping costs are indicated in our price quotations in our online store. The price including VAT and applicable shipping costs will also be displayed in the order form before you submit the order.

(3) If we fulfill your order according to Section 4 (1) by way of partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

6. Terms of payment, Set-off, Right of retention

(1) The purchase price and shipping costs are to be paid upon completion of the order process.

(2) You can choose to pay the purchase price and shipping costs via Paypal, Sofortüberweisung or by credit card.

(3) You are not permitted to offset against our claims unless your counterclaims are legally established or undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract. 

(4) As the purchaser, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

7. Retention of title

 The delivered goods remain our property until full payment of the purchase price.

8. Guarantee

(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the BGB (Civil Code). The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

(2) Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall be in addition to the claims based on material defects or defects of title within the meaning of (1). Details of the scope of such warranties are set out in the terms of warranty which may accompany the articles.

9. Liability

(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, we shall only be liable - unless otherwise stipulated in (3) - in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and on the fulfilment of which you as the customer may regularly rely on (cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in (3).

(3) Our liability for damages arising from injury to life, body or health and under the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected by the above limitations and exclusions of liability.

10. Copyrights

We own the copyright to all images, videos, and texts published in our online store. Use of the images, videos, and texts, is not permitted without our express agreement.

11. Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, Munich. In all other respects, local and international jurisdiction shall be governed by the applicable statutory provisions.