1. Scope and Contracting Parties
1.1 These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded via the online shop at https://www.rgm-ladekantenschutz.de/ between Marlies Spangenberg GmbH & Co. KG, Von-Linné Straße 10, 22880 Wedel (hereinafter "Seller" or "we"), and the customer (hereinafter "Customer" or "you").
1.2 The version of these GTC in force at the time of the order is authoritative. Deviating, conflicting, or supplementary general terms and conditions of the Customer shall not become part of the contract unless the Seller has expressly consented to their validity in text form.
1.3 The provider and contractual partner is Marlies Spangenberg GmbH & Co. KG. The full provider identification pursuant to Section 5 of the Digital Services Act (DDG) can be found in the imprint of the online shop.
2. Conclusion of Contract
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding invitation to the Customer to submit an offer themselves (invitatio ad offerendum).
2.2 The Customer can initially place products in the shopping cart without obligation and view and change their entries at any time before submitting the order using the correction aids provided for this purpose. By clicking the button "order with obligation to pay", the Customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.
2.3 The Seller confirms receipt of the order immediately by means of an automatically generated e-mail (order confirmation). This order confirmation does not yet represent an acceptance of the offer, but merely documents that the order has been received by the Seller.
2.4 The purchase contract is only concluded when the Seller accepts the Customer's offer via a separate order or shipping confirmation in text form (e.g., e-mail) or dispatches the goods to the Customer. If the Seller does not accept the offer within five working days, it is deemed rejected; any payments already made will be refunded immediately in this case.
2.5 The contractual provisions, including these GTC and the cancellation policy, can be retrieved by the Customer upon conclusion of the contract and stored in a reproducible form.
2.6 The German language is exclusively available for the conclusion of the contract.
3. Prices, Shipping Costs, Payment Methods
3.1 For orders via the shop, the prices stated there at the time of the order apply. All prices are final prices and include all price components including the respectively applicable statutory value-added tax.
3.2 In addition to the stated price, delivery and shipping costs may apply. These are clearly and distinctly indicated to the Customer in the respective product presentation as well as in the order summary before placing the order.
3.3 The payment methods displayed during the order process are available to the Customer. The payment methods accepted in individual cases will be communicated to the Customer no later than the start of the ordering process.
3.4 The purchase price is due for immediate payment upon conclusion of the contract. Insofar as payment in advance is possible, the Seller will inform the Customer of their bank details. In this case, the invoice amount must be transferred within seven days of the conclusion of the contract.
3.5 If the Customer is in default of payment, the Seller is entitled to demand default interest as well as compensation for further damages caused by default in accordance with statutory provisions. The right to withdraw from the contract according to statutory requirements remains unaffected.
4. Set-off and Right of Retention
The Customer only has a right to set-off to the extent that their counterclaims have been legally established or are undisputed by the Seller. The Customer may only exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
5. Delivery, Transfer of Risk
5.1 Delivery takes place to the delivery address provided by the Customer. Collection of the goods against cash payment is also possible by prior appointment.
5.2 The Seller is entitled to withdraw from the contract if they do not receive the ordered goods despite having previously concluded a corresponding congruent covering transaction and are not responsible for the non-delivery. The Seller will inform the Customer of the unavailability immediately and will refund any payments already made without delay.
5.3 Unless otherwise stated in the offer, the delivery time within Germany is approx. 5 working days. The Seller also delivers to the following countries with the expected delivery times stated below: Austria (7 working days), BeNeLux countries (7 working days), Denmark (7 working days), other EU (10 working days), rest of Europe (14 working days). Existing delivery restrictions will be communicated to the Customer no later than the start of the ordering process.
5.4 The Seller is entitled to make partial deliveries insofar as this is reasonable for the Customer. Shipping costs will only be incurred once for partial deliveries, unless the partial deliveries are made at the express wish of the Customer.
6. Right of Withdrawal for Consumers
6.1 Consumers are entitled to a statutory right of withdrawal in accordance with the following cancellation policy. There is no right of withdrawal for contracts mentioned in Section 312g (2) of the German Civil Code (BGB), in particular for goods that are not prefabricated and for whose manufacture an individual selection or determination by the Customer is decisive, or that are clearly tailored to the personal needs of the Customer.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Marlies Spangenberg GmbH & Co. KG, Von-Linné-Straße 10, 22880 Wedel, Telephone: +49 (0) 4122 95290, E-Mail: info@spangenberg-gmbh.de) by means of a clear declaration (e.g., a letter sent by post or an e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we must repay all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract was received by us. For this repayment, we will use the same means of payment that you used in 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 sent the goods back, whichever is the earliest.
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 inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You 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 their condition, properties, and functionality.
Withdrawal using the electronic withdrawal function (withdrawal button)
In accordance with Section 356a BGB, we provide you with an electronic withdrawal function on our website. You can access this via the "Cancel contract" button on our website. After pressing this button, you will be redirected to a page where you can provide the following information:
- your name,
- details for identification of the contract (e.g., order number, order date),
- a contact option (e.g., e-mail address).
After entering your data, you can complete the withdrawal by pressing the "Confirm withdrawal" button. Upon pressing this button, your withdrawal declaration is legally effective.
We will provide you with a confirmation of receipt of your withdrawal on a durable medium immediately (e.g., by e-mail). This confirmation contains at least the content of your withdrawal declaration as well as the date and time of receipt.
If the withdrawal declaration is sent via the withdrawal function before the withdrawal period expires, it is deemed to have been received in time.
The use of the electronic withdrawal function is not mandatory. You can also continue to declare your withdrawal in other ways, e.g., by letter, e-mail, or using the attached model withdrawal form.
6.3 Model Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back.)
To: Marlies Spangenberg GmbH & Co. KG, Von-Linné-Straße 10, 22880 Wedel, E-Mail: info@spangenberg-gmbh.de:
I/we (*) hereby withdraw from 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 consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if notified on paper):
Date:
(*) Delete as appropriate.
7. Retention of Title
The delivered goods remain the property of the Seller until full payment of the purchase price. If the Customer is an entrepreneur, a legal entity under public law, or a special fund under public law, the goods also remain the property of the Seller until all claims from the ongoing business relationship have been settled.
8. Warranty and Liability
8.1 The statutory provisions regarding liability for defects apply, in particular Sections 434 et seq. BGB.
8.2 The Seller is liable without limitation for damages resulting from injury to life, body, or health that are based on a breach of duty by the Seller, their legal representatives, or vicarious agents, as well as for damages based on intent or gross negligence.
8.3 In the event of a slightly negligent breach of a material contractual obligation (cardinal duty), the fulfillment of which is a prerequisite for the proper execution of the contract and on the compliance of which the Customer may regularly rely, the Seller's liability is limited to the contractually typical, foreseeable damage. Otherwise, liability for slightly negligently caused damages is excluded.
8.4 Liability under the Product Liability Act as well as from a guarantee assumed by the Seller remains unaffected by the above limitations of liability.
9. Data Protection
The Seller processes the Customer's personal data for the purpose of executing the contract in compliance with the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Details on the type, scope, and purpose of the processing as well as the Customer's rights can be found in the separate privacy policy, which is available at [Link to Privacy Policy].
10. Consumer Dispute Resolution
The Seller is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
11. Final Provisions
11.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. If the Customer is a consumer, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of their habitual residence is not withdrawn.
11.2 If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the registered office of the Seller. Statutory exclusive places of jurisdiction remain unaffected.
11.3 Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby. Statutory provisions shall replace invalid or unenforceable provisions.