General Terms and Conditions

(updated: 11/13/2023)


www.recaro-shop.com
e-mail: hello@recaro-shop.com

PUTSCH GmbH & Co. KG
Postal address:
Jahnstraße 1
70597 Stuttgart

Limited partnership:
Registered: Europaallee 10, 67657 Kaiserslautern,
Local court Kaiserslautern: HR A 2522
VAT ID No. DE 148 667 343

General partner:
PUTSCH Verwaltungsgesellschaft mbH, Kaiserslautern
Local court Kaiserslautern: HRB 11792

Managing directors authorized to represent the company: Dr. Mark Hiller, Peter Müller, Hartmut Schürg, René Dankwerth

1. Scope of application
The following General Terms and Conditions (GTC) apply to all business relationships arising from the online store between PUTSCH GmbH & Co. KG (hereinafter referred to as the "Dealer") and the customer* for all services arising from the aforementioned business relationship.

2. Conclusion of contract
2.1 The product descriptions contained in the retailer's online store are not binding offers to conclude a contract on the part of the retailer. They merely represent an invitation to the customer to submit a binding offer.
2.2 Upon completion of the order process by the customer, the contract with the retailer is concluded.
2.3 The customer can initially place the products in the shopping cart without obligation and correct his entries at any time before submitting his binding order by using the correction aids provided and explained for this purpose in the order process. By ordering the desired goods by clicking on the "Order with obligation to pay" button, the customer submits a binding offer to conclude a purchase contract.
2.4 The retailer can accept the customer's offer within five (5) days by sending the customer a letter of confirmation (e.g. by e-mail). If the merchant does not accept the offer within this period, this shall be deemed a rejection of the offer. In this case, the customer is no longer bound by his offer.
2.5 The acceptance of the offer is saved by the retailer. After the order has been placed, the customer receives a message about this in the browser window; this message contains the option of printing out the order confirmation.

3 Right of withdrawal
3.1 The customer has a statutory right of revocation in accordance with §§ 312g para. 1, 355 BGB with regard to his declaration of intent to conclude a purchase contract in the online store.
3.2 The right of withdrawal does not apply to entrepreneurs.
3.3 The right of withdrawal does not apply to consumers whose usual place of residence at the time of conclusion of the contract is not in a member state of the European Union.
3.4 Further information on the right of withdrawal can be found in the dealer's withdrawal policy, which can be viewed at the following URL: https://www. recaro-shop.com/withdrawal-right.

4 Prices/payment terms
4.1 The prices stated in the retailer's online store are final prices, including statutory VAT; shipping costs, however, are not included. The amount of the shipping costs depends on the place of delivery. More details under Shipping and Payment.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the retailer is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The following payment options are available to the customer: Visa or MasterCard credit card, Paypal, Sofortüberweisung. See privacy policy 8. eCommerce and payment providers.

4.4 If the credit card payment method is selected, the customer's credit card will be charged when the invoice is issued. In the event of a return, the amount will be transferred back to the customer's credit card when the credit note is issued. - Verified by VISA Verified by Visa helps to ensure that payments are made by the legitimate holder of the Visa card and makes online purchases more secure. The aim is to make online transactions as secure, fast and convenient as in-store purchases. Visa offers cardholders comprehensive fraud protection at all times and Verified by Visa provides an additional layer of security to protect your identity and your online purchases. - 3D-Secure Mastercard® Identity Check™ (SecureCode™) is an authentication process for even more secure online shopping. During the payment process, the online store sends a request to the card-issuing bank.
4.5 If the payment method Sofortüberweisung is selected, the customer will be redirected to the website of the online provider SOFORT Überweisung after placing the order. In order to be able to pay the invoice amount via SOFORT Überweisung, the customer must have an online banking account with PIN/TAN procedure activated for participation in SOFORT Überweisung, legitimize himself accordingly and confirm the payment instruction to the merchant. The customer will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by SOFORT Überweisung and the customer's account will be debited. In the event of a return, the amount will be transferred back to the customer's specified account when the credit note is issued.

5 Delivery and shipping conditions
5.1 As a rule, the goods shall be delivered within five (5) working days (Monday to Friday, excluding public holidays) at the latest after conclusion of the contract (with PayPal or credit card), provided the place of delivery is in Germany. Deliveries abroad may take longer.
5.2 The goods shall be shipped to the delivery address specified by the customer during the ordering process.

6 Retention of title
6.1 If the dealer makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full. During the existence of the retention of title, the goods subject to retention of title must be treated with care.
6.2 As long as the dealer is the owner of the goods, the customer must inform the dealer immediately of all access to the goods by third parties, in particular of enforcement measures, any damage to or destruction of the goods. The customer must notify the dealer immediately of any change of ownership of the goods and of any change of address.
6.3 The customer shall compensate the dealer for all damages and costs arising from a breach of these obligations and from necessary intervention measures against access to the goods by third parties.
6.4 The customer shall not be entitled to resell and/or process the goods subject to retention of title. If the customer nevertheless sells the goods, he hereby assigns to the dealer all claims which accrue to him against a third party as a result of the resale. The dealer hereby accepts the assignment.

7.information on liability for defects, limitation of warranty rights

7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply, in particular §§ 434 et seq. BGB APPLY.

7.2 The limitation period for statutory claims for defects in accordance with § 438 Para. 1 No. 3 BGB is two years and begins with the delivery of the goods. For entrepreneurs, this limitation period for goods delivered by the seller is 12 months, unless otherwise agreed in individual cases.

7.2 Notwithstanding the above, the following shall apply to the delivery of used goods to consumers: no-fault claims for defects (subsequent performance, reduction in price and withdrawal) shall be excluded if the defect is only asserted after the expiry of one year from delivery of the goods. The following applies to the delivery of used goods to entrepreneurs: no-fault claims for defects (subsequent performance, reduction in price and withdrawal) are excluded.

7.3 However, the reduction of the liability period in 7.1 and 7.2 of these GTC to one year shall not apply

for claims for damages and reimbursement of expenses by the customer, and
in the event that the seller has fraudulently concealed the defect
in the case of guarantees (Sections 444 and 639 BGB), and
if the last contract in the supply chain is a consumer contract according to § 445 a BGB (according to § 474 BGB).
The claims arising from the Product Liability Act and the statutory provisions on suspension of expiry, suspension and recommencement of the time limits shall remain unaffected.

8 Liability
8.1 In the event of damage caused by intent or gross negligence on the part of the dealer, the dealer shall be liable in full. In the event of negligent breach of an essential contractual obligation (so-called cardinal obligation), the dealer shall only be liable for compensation for typical and foreseeable damage.
8.2 The statutory liability for injury to life or health, personal injury and under the Product Liability Act shall remain unaffected.
8.3 Any liability of the dealer beyond the cases regulated in 8.1 and 8.2 is excluded.
8.4 The Dealer shall not be liable for the topicality, correctness, completeness or quality of the information provided on www.recaro-shop.com.
8.5 Insofar as the Dealer provides access to other websites via links, it is not responsible for the third-party content contained therein; it does not check the corresponding websites. The retailer does not adopt the third-party content as his own. The retailer also has no influence whatsoever on the design and content of the linked pages and, as a precaution, expressly distances itself from all content of all linked pages on the website.

9.information on online dispute resolution

9.1 The EU Commission provides an internet platform for online dispute resolution (so-called ODR platform). This ODR platform is intended to serve as a contact point for the out-of-court settlement of disputes in connection with contractual obligations arising from online sales contracts. The ODR platform can be accessed via the following link: https://ec.europa.eu/consumers/odr.
9.2 The trader's e-mail address is: hello@recaro-shop.com. The trader is neither willing nor obliged to settle disputes with consumers before an arbitration board.

10.image rights
The image rights are held by RECARO Holding GmbH.

11 Applicable law and place of jurisdiction
11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the dealer and the customer, excluding the laws on the international purchase of movable goods, so-called UN sales law (United Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980). The place of jurisdiction is Munich.11.2 If the customer is a consumer, the mandatory consumer protection laws of the state in which the customer has his habitual residence shall apply, insofar as these provide further protection.

12 Final provisions
12.1 Amendments to the contract between the retailer and the customer must be made in writing to be effective. This shall also apply to the amendment of this written form requirement.
12.2 The contract between the dealer and the customer contains the entirety of the agreements existing between the parties. There are no other agreements, other ancillary agreements or terms and conditions.
12.3 The invalidity of individual provisions of the contract concluded between the Dealer and the Customer, including these GTC, shall not affect the validity of the remaining provisions. In this case, the parties undertake to agree on effective provisions that come as close as possible to the intended economic purpose of the ineffective provisions. This applies accordingly in the event of loopholes in the contract.

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* The term "customer" is used neutrally for women, men and intersexuals.