General Terms and Conditons

General Terms and Conditions (GTC)

Reticulum Media UG,

Wormser Landstraße 67,

67551 Worms,

Germany

 

Commercial register: HRB 46283

Register court: County court Mainz

Managing Director: Marcus Kerth

Sales tax identification number: DE301071896

 

Phone: +49 6241 48 03 700

E-Mail: info@ret-media.com

Web: www.ret-media.com

 

General Terms and Conditions of Reticulum Media UG for contracts concluded using exclusively means of distance communication.

 

  1. Definitions

The following definitions are used as a basis for these General Terms and Conditions (GTC):

 

Sales Contract: The contract between Reticulum Media UG and the customer for the delivery of goods from the online store.

 

Customer: A natural or legal person or partnership with legal capacity, who concludes a purchase contract with Reticulum Media UG.

 

Distance contract: Distance contracts are contracts in which the entrepreneur or a person acting in his name or on his behalf and the consumer use exclusively means of distance communication for the contract negotiations and the conclusion of the contract, unless the conclusion of the contract does not take place within the framework of a distribution or service system organized for distance sales.

 

Entrepreneur: An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the purchase contract, acts in the exercise of his commercial or independent professional activity.

 

Consumer: A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

 

Means of distance communication: Means of distance communication are all means of communication that can be used to initiate or conclude a contract without the parties to the contract being physically present at the same time, such as letters, catalogs, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting and telemedia.

 

  1. Scope of application

These GTC apply exclusively to the sales contracts between Reticulum Media UG and the customers. Conflicting or from these GTC deviating general terms and conditions of the customer are not accepted, unless Reticulum Media UG has agreed to them in writing in individual cases.

 

  1. Conclusion of the contract
  2. a) Offer for conclusion of a sales contract by the customer

 

The presentation of the products in the online store of Reticulum Media UG does not represent a binding offer for the conclusion of a sales contract by Reticulum Media UG, but is only an invitation to the customer to make a purchase offer to Reticulum Media UG (so called invitatio ad offerendum).

 

Every customer receives as a visitor of the online store of Reticulum Media UG automatically a “shopping cart”. In it the selected products can be collected. As soon as the online store is left without a binding offer by the customer, the content of the shopping cart expires. In this case, a legal transaction has not been concluded.

 

Ordering products in the online store of Reticulum Media UG is done in such a way that the customer selects and clicks on the desired item(s) from the large product range presented in the online store. Here he receives additional information about the respective product.

 

Once the customer has decided on an item and, if necessary, selected further options associated with the product (for example, color, quantity, size, etc.), the item can be placed in the personal shopping cart by clicking on the button “add to cart”.

 

The customer has not yet made an offer by placing the product in the shopping cart. The products can be removed from the shopping cart again by clicking the “Remove item” box. If the customer has decided to purchase the products in his shopping cart, he presses the button “Checkout”.

 

In the order forms that now open, the customer must fill in the required information.

 

By ticking the box provided for this purpose, the customer confirms that he has read the General Terms and Conditions of the online store of Reticulum Media UG. Without ticking the box the order process cannot be completed.

 

In the next step the entered data has to be confirmed. Afterwards the order is completed by clicking the button “Buy now with costs”.

 

Only by clicking the button “Buy now with costs” the customer makes a binding offer for the products in his shopping cart at that time. Up to this point, the customer can change his details at any time in the order forms of the online store before sending the details.

 

In the next step, the entered data must be confirmed. Subsequently, the order is completed by clicking the button “Buy now with costs”.

 

Only by clicking the button “Buy now with costs” the customer makes a binding offer for the products in his shopping cart at that time. Up to this point, the customer can check and, if necessary, correct his details at any time in the order forms of the online store before sending the details.

 

After the order has been received by Reticulum Media UG, the customer will receive an automatically generated e-mail from the Reticulum Media UG ordering system with the confirmation of the receipt of the offer by Reticulum Media UG. Here the customer can once again check the information contained therein, in order to be able to correct any errors in the order in time if necessary.

 

  1. b) Acceptance of the application for the conclusion of the sales contract by Reticulum Media UG

 

The products and prices in the online store of Reticulum Media UG are subject to change and non-binding until the acceptance of the purchase offer of the customer by Reticulum Media UG. Reticulum Media UG commits itself to inform the customer immediately about the unavailability of the goods and to refund possible already received considerations immediately.

 

The offer of the customer to conclude a sales contract is accepted by Reticulum Media UG by sending the confirmation email or at the latest by handing over the ordered products to the customer.

 

 

4 Due date, payment method and delay

4.1 Unless otherwise stated in the product description of the seller, the stated prices are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description or in the shopping cart.

 

4.2 The payment options are communicated to the customer in the online store of the seller.

 

4.3 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date. The reconciliation with the account takes place once a day and only after receipt of the full purchase price, the goods will be made available for shipment.

 

4.4 When paying by means of a payment method offered by PayPal, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the Terms of Payment without PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

 

4.5 If the payment method PayPal is selected, the payment will be processed via the payment service provider “PayPal”. In order to be able to pay the invoice amount, the customer must have a registered “PayPal” account or register anew and legitimize himself with his access data. The customer is automatically redirected to the website of “PayPal” for the payment process. Immediately after confirmation of the payment instruction by the customer, the payment transaction is carried out by “PayPal” and the deposited bank account of the customer is debited.

 

4.6 As part of the payment service of PayPal Plus, we offer the PayPal Plus Service. With the PayPal Plus Service, the customer has the option to pay by credit card. If the credit card payment method is selected, the payment is processed via the payment service provider “PayPal”. In order to pay the invoice amount, the customer does not have to be registered with “PayPal”. The customer is automatically redirected to the website of “PayPal” for the payment transaction. The payment transaction is carried out by “PayPal” immediately after confirmation of the payment instruction and after the customer has been legitimized as a legitimate cardholder and the specified credit card is charged.

 

4.7 As part of the PayPal Plus payment service, we offer the PayPal Plus service. With the PayPal Plus Service, the customer has the option to pay by SEPA. If the SEPA payment method is selected, the payment will be processed via the payment service provider “PayPal”. To pay the invoice amount, the customer does not need to be registered with “PayPal”. The customer is automatically redirected to the website of “PayPal” for the payment transaction. The payment transaction is carried out by “PayPal” immediately after confirmation of the payment instruction and after the customer has been legitimized as a legitimate cardholder, and the specified credit card is charged.

 

4.8 As part of the PayPal Plus payment service, we offer the PayPal Plus service. The customer has the option to pay on account with the PayPal Plus service. If the payment method on account is selected, the payment is processed via the payment service provider “PayPal”. In order to pay the invoice amount, the customer does not have to be registered with “PayPal”. The customer is automatically redirected to the website of “PayPal” for the payment transaction. The payment transaction is carried out by “PayPal” immediately after confirmation of the payment instruction and after the customer has been legitimized as a legitimate cardholder, and the specified credit card is charged.

 

The purchase price for the product is due immediately.  If the customer is in default, Reticulum Media UG is entitled to charge the legal default interest (for a consumer in the amount of 5 percentage points above the respective base interest rate according to § 288 BGB). The right of Reticulum Media UG to claim higher interest or further damage for another legal reason remains unaffected.

 

  1. Delivery / shipping and packaging costs

Currently our delivery area is Germany. Unfortunately, it is currently not possible to ship orders to other countries.

 

Within Germany we deliver with DHL standard shipping. If the value of goods is less than 60.00 € including VAT, we charge a 5.00 Euro shipping fee. From a value of goods of 60,00 Euro incl. the legal value added tax we deliver free of shipping costs within Germany.

 

The dispatch takes place with DHL (German post office AG). The goods leave our warehouse on five days (Saturday and Sunday are not delivered) a week. If you have paid immediately with PayPal or credit card, the goods should arrive within 1-3 business days. Please note that requested delivery days and express shipping are unfortunately not possible for technical reasons.

 

Our packages are sent to you discreetly and with neutral packaging. Only “Reticulum Media UG” and its address will appear as the sender’s address.

 

We sell to the end customer for private use and always only in household quantities.

 

  1. Duty to inform

The customer is obliged to give truthful information when ordering. If data of the customer changes, especially name, address, e-mail address, the customer is obliged to inform Reticulum Media UG immediately about this change. Reticulum Media UG will send the customer an email with the customer’s order data to the given email address immediately after receipt of the order. The customer has to take care that his given e-mail account is reachable from the time of giving the information and that the receipt of e-mail messages is not excluded due to forwarding, shutdown or overfilling of the e-mail account.

 

  1. Right of withdrawal

If you are a consumer (§ 13 BGB), you have a statutory right of withdrawal:

 

Cancellation policy

 

You have the right to revoke this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

To exercise your right of withdrawal, you must send us to:

 

Reticulum Media UG (haftungsbeschränkt)

Wormser Landstraße 67

67551 Worms

Germany

Phone: +49 6241 48 03 700

E-Mail: info@ret-media.com

 

by means of a clear declaration (e.g. a letter sent by mail, or e-mail) about your decision to revoke this contract. You can use the attached cancellation form for this purpose, but it is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments, concerning the revoked contract, which we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of 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, whichever is the earlier.

 

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

 

You shall bear the direct costs of returning the goods.

 

You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

 

Exclusion of the right of withdrawal

The right of revocation of your declaration towards Reticulum Media UG directed to the conclusion of a sales contract about the goods does not exist for distance contracts

 

for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;

for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;

for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.

 

Sample cancellation form

 

If you want to revoke the contract, please fill out this form and send it back to us.

 

To

 

Reticulum Media UG

Wormser Landstraße 67

67551 Worms

Germany

E-mail: info@ret-media.com

 

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

 

_________________________________________

 

_________________________________________

 

_________________________________________

 

_________________________________________

 

 

Ordered on  ___________________________ (*)

Received on ___________________________ (*)

 

 

Name of the consumer(s)

_________________________________________

 

 

Address of the consumer(s)

__________________________________________

 

__________________________________________

 

__________________________________________

 

 

_________________________________

 

Signature of the consumer(s)                                                     Date (only for communication on paper)

________________________________                                 _______________

 

(*) Delete as applicable.

 

  1. Offsetting, Right of Retention

The customer has the right of set-off only if his counterclaims are legally established, undisputed or recognized by Reticulum Media UG. The customer is authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

 

  1. Transfer of risk

For deliveries to consumers (§ 13 BGB) the risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the goods are handed over by the carrier to the buyer or his authorized representative or at the delivery address given by the buyer.

 

  1. Retention of title

For contracts with consumers:

 

The delivered products from Reticulum Media UG remain the property of Reticulum Media UG until full payment. Until this time the customer is obliged to handle the product with care.

 

The customer is obligated to dispose of the product before transfer of ownership only with prior written consent of Reticulum Media UG. In case of access of third parties, especially in case of seizure of the product, the customer has to inform Reticulum Media UG immediately in written form and has to inform the third party immediately about the reserved property of Reticulum Media UG.

 

11 Warranty and notice of defects

Reticulum Media UG guarantees that the products are not afflicted with material defects in the sense of the German Civil Code. In case of defectiveness the customer is entitled to the legal warranty rights, as far as nothing else results from the following regulations:

 

11.1 Consumer

 

The customer has first of all the choice whether supplementary performance should be carried out by repair or replacement. Reticulum Media UG is however entitled to refuse the type of supplementary performance chosen by the customer, if it is only possible with disproportionate costs and the other type of supplementary performance remains without considerable disadvantages for the customer. During the supplementary performance, the reduction of the purchase price or the withdrawal from the contract by the buyer are excluded. A subsequent improvement shall be deemed to have failed with the unsuccessful second attempt, unless something else arises in particular from the nature of the item or the defect or the other circumstances. If the supplementary performance has failed or if Reticulum Media UG has refused the supplementary performance altogether, the buyer can demand reduction of the purchase price (abatement) or declare the withdrawal from the contract at his choice.

 

The customer can only assert claims for damages on the conditions mentioned under point 12 because of the defect, if the supplementary performance has failed or Reticulum Media UG has refused the supplementary performance. The right of the customer to assert further claims for damages according to the following conditions remains unaffected.

 

The warranty period is 24 months for the purchase of new products, 1 year for the purchase of used products, in each case beginning with the transfer of risk. This period shall also apply to claims for compensation for consequential harm caused by a defect, insofar as no claims in tort are asserted.

 

12 Liability

Reticulum Media UG does not pay damages and assigns these legal claims to its product partner EDC-Internet GmbH, Eckloßberg 10, 22391 Hamburg.

 

12.1 We are liable without limitation for intent. For gross and ordinary negligence, we are liable only in the case of injury to life, limb, health or an essential contractual obligation. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract and on whose fulfillment you have represented and could also trust.

 

12.2 In the event of a slightly negligent breach of material contractual obligations, our liability shall be limited to the amount of the foreseeable, typically occurring damage.

 

12.3 The above limitations of liability shall also apply in favor of our legal representatives and vicarious agents.

 

12.4 Liability under the Product Liability Act (ProdHaftG) shall remain unaffected.

 

  1. Majority

By placing the order, the customer confirms that he is of age.

 

  1. Copyright

The files, photos, graphics and their texts which can be called on the homepage of Reticulum Media UG are subject to the copyright of Reticulum Media UG. Saving, passing on or other processing of the data, photos, graphics and texts is explicitly prohibited and requires the consent of Reticulum Media UG. Violations will be prosecuted.

 

  1. Notice according to battery law

Since our shipments may contain batteries and rechargeable batteries, we are required by the Battery Act (BattG) to inform you of the following: Batteries and rechargeable batteries must not be disposed of in household waste. You are legally obliged to return used batteries and rechargeable batteries. Used batteries may contain harmful substances that can damage the environment or your health if not stored or disposed of properly. However, batteries also contain important raw materials such as iron, zinc, manganese or nickel and can be recycled.

 

After use, you can return the batteries free of charge to a municipal collection point or to your local retailer.

 

 

  1. Information according to ElektroG

According to the ElektroG, as a distributor of electrical equipment, we are obliged to take back waste electrical and electronic equipment free of charge.

 

We would like to point out to owners of old electrical and electronic equipment that, in accordance with the applicable legal regulations, old electrical equipment must be collected separately from municipal waste.

 

The crossed-out wheeled garbage can symbol on waste electrical and electronic equipment also indicates that separate collection is mandatory.

 

Before handing in used electrical and electronic equipment, old batteries and accumulators must be removed from it, provided that they are not enclosed in this old equipment. The end user concerned shall be responsible for deleting personal data from the waste electrical equipment to be disposed of.

 

17 Redemption of promotional vouchers

Promotional vouchers (vouchers that you cannot purchase but that we issue as part of promotional campaigns with a specific period of validity) are only valid for the specified online store, only during the specified period and can only be redeemed once as part of an order process. Individual brands may be excluded from the voucher campaign.

 

17.1 The value of the goods must be at least equal to the amount of the promotional voucher. For administrative reasons, it is not possible to refund any remaining credit.

 

17.2 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. The credit balance of a promotional voucher shall neither be paid out in cash nor shall interest be paid on it.

 

17.3 The promotional voucher cannot be transferred to third parties. Several promotional vouchers cannot be combined with each other.

 

17.4 If the credit balance of a promotional voucher is not sufficient for the order, the difference can be made up using the payment options offered.

 

17.5 The promotional voucher shall not be refunded if the goods are returned in whole or in part, provided that the promotional voucher was issued as part of a promotion and no consideration was provided in return.

 

17.6 The promotional voucher shall lose its validity if the goods are returned in whole or in part and thus fall below the minimum order value attached to the promotional voucher.

 

17.7 Promotion vouchers can only be redeemed once per customer from the minimum order value specified for the respective promotion and until the specified date. Promotion vouchers cannot be combined with other promotions.

 

  1. Data protection

We process personal data of our customers for a specific purpose and in accordance with the statutory provisions. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) will be used by us to fulfill and process the contract. This data will be treated confidentially and will not be disclosed to third parties who are not involved in the ordering, delivery and payment process. You have the right to request information free of charge about the personal data that we have stored about you. In addition, you have the right to correct incorrect data, blocking and deletion of your personal data, unless there is a legal obligation to keep records.

 

18.1 Your order data is stored by us, but for security reasons it is not directly accessible by you. We offer a password-protected direct access (“My Account”) for each customer. Here you can, with appropriate registration, view data about your completed, open and recently shipped orders and manage and save your address data, any payment data.

 

18.2 By entering your e-mail address in the shopping cart, you agree to receive product information via e-mail that may be of interest to you. You can revoke your consent to this at any time via an unsubscribe link in the corresponding e-mail with effect for the future.

 

18.3 By using the wish list, you consent to receiving reminder emails. You can revoke your consent to this at any time via an unsubscribe link in the corresponding e-mail with effect for the future.

 

18.4 Further information on data protection can be found in our data protection notice: www.ret-media.com/de/datenschutz.

 

  1. Alternative dispute resolution according to the consumer dispute resolution act.

We point out that we are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

 

19.1 The EU Commission provides a platform for online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/consumers/odr/.

 

 

20 Contract language, contract text storage and final provisions

Contracts between us and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

 

20.1 The contract language is German.

 

20.2 We do not store the text of the contract. However, you have the option to save the GTC using the save function of your Internet browser. In addition, a link in the sent order confirmation, which includes all necessary order data, offers you the possibility of calling and downloading the GTC.

 

20.3 Should one or more provisions of these General Terms and Conditions be invalid, this shall not entail the invalidity of the entire contract. The invalid provision shall be replaced by the relevant statutory provision.

 

Status: 22 April 2020