Terms and Conditions

General Terms and Conditions Raffaello Rossi Online-Shop

(Status: 01.08.2020)

§ 1 Applicability
The following general terms and conditions apply exclusively to the business relationship between the company Schera GmbH, Grundtalring 22, 63868 Großwallstadt (hereinafter: Seller) and the customer. They only apply to orders placed by consumers within the meaning of § 13 of the German Civil Code (BGB).

§ 2 Conclusion of contract
1.    The Seller's Internet pages merely represent a sales prospectus. By presenting the products on the Internet pages, the Seller merely invites customers to submit offers (orders). The order confirmation then transmitted by e-mail does not yet lead to a purchase contract.
2.  A purchase contract is only concluded with the dispatch of our order confirmation or, at the latest, with the delivery of the goods, which then represents the acceptance of the declaration on the part of the seller.
3.  When ordering via our online shop, the ordering process comprises a total of 4 steps. In the first step, you select the desired goods. In the second step, you enter your customer data including billing address and, if applicable, different delivery address. In the third step, you choose how you would like to pay. In the last step, you have the opportunity to check all details (e.g. name, address, payment method, ordered items) once again and correct them if necessary before you send your order to us by agreeing to the General Terms and Conditions and clicking on "Send order subject to payment".
4.    Goods are only sold in quantities customary for households. The company Schera GmbH does not accept orders from customers who have not yet reached the age of 18.

§ 3 Right of withdrawal
1.    Consumers have a fourteen-day right of withdrawal.

Right of withdrawal
Right of withdrawal:

You have the right to withdraw from 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 inform us (Schera GmbH, Grundtalring 22, 63868 Großwallstadt, shop@raffaello-rossi.de, Tel.: 06022/5089-212) of your decision to withdraw from this contract by means of a clear declaration, e.g. a letter or e-mail sent by post. You can use the enclosed model withdrawal form for this purpose, which is, however, 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. In the case that you return your complete order to us, return costs of €9.95 will be charged. Please note that if you use the purchase on account option, the return costs must be transferred in this case. When purchasing via PayPal or credit card, the refund amount is automatically reduced by the return costs. In the case of a partial return (e.g. only one of two pairs of pants ordered is returned), the return is free of charge.

Consequences of revocation:
If you revoke this contract, we shall reimburse you all payments we have received from you, excluding delivery costs, 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. 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 without delay and in any case no later than fourteen days from the day on which you notified us of the cancellation 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 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 testing the condition, properties and functioning of the goods.

Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)

To Schera GmbH, Grundtalring 22, 63868 Großwallstadt, 06022/5089-211, shop@raffaello-rossi.de:

I/we (*) hereby revoke the contract concluded by me/us (*) for the
purchase of the following goods (*)/
-    Ordered on (*)/received on (*)
-    Name of consumer(s)
-    Signature of consumer(s) (only if notice is given on paper)
-    Date

(*) Delete where not applicable

End of notice of withdrawal

2.    The right of withdrawal does not apply to the delivery of goods which 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, which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.

§ 4 Delivery
1.  Unless otherwise agreed, delivery shall be made by the Seller to the delivery address specified by the Buyer at the Buyer's expense. However, the transfer of risk shall not occur until the goods are handed over to the customer. Delivery is made within the Federal Republic of Germany and Austria.
2.    The delivery time is approximately 2-3 days. Our delivery is climate neutral. If the seller discovers during the processing of your order that the products you ordered are not available, you will be informed separately by e-mail. A contract for the unavailable goods shall not be concluded.

§ 5 Prices and shipping costs
1.    All prices stated on the Seller's Internet pages are inclusive of the applicable statutory VAT.
2.    The Seller shall inform the Customer of the respective shipping costs on the Internet pages. The Buyer shall bear these costs. As can be seen from § 3 in the context of the revocation instructions, the customer shall also bear the direct costs of returning the goods in the event of a revocation.

§ 6 Warranty
The consumer is entitled to a warranty for defects in the purchased goods in accordance with the statutory provisions of §§ 437 et seq. BGB. In particular, the customer may demand subsequent performance (new delivery or rectification of defects). However, the seller is entitled to refer the customer to a new delivery if the removal of the defect would involve disproportionate effort. Warranty claims become statute-barred two years after delivery of the goods. The buyer should assert his warranty claims by stating the order number, his name and address and briefly stating the reasons. At the request of the seller, the customer shall send the defective goods for inspection at the expense and risk of the seller to the following address:
Raffaello Rossi Online-Shop
Firma Schera GmbH
Grundtalring 22
63868 Großwallstadt

§ 7 Payment modalities
The seller accepts the displayed payment methods, such as payment by credit card, PayPal or prepayment, during the ordering process. During the ordering process, the Seller shall carry out an automatic credit assessment of the customer by means of an enquiry with a credit agency (e.g. SCHUFA Holding AG) if there is a legitimate interest. This credit check determines which payment methods will be offered to the customer in the specific case.

§ 8 Retention of title
The delivered goods remain the property of Schera GmbH until full payment has been made.

§ 9 Offsetting, retention
The customer only has the right to offset if his counterclaims have been legally established or are undisputed by the seller. The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 10 Data protection
The customer's personal data which become known to the seller in the course of a business relationship are stored and, if necessary, passed on to affiliated companies for the purpose of order processing. All data will of course be treated confidentially. The data will be collected, stored and used by us in accordance with the applicable data protection regulations of Schera GmbH. These data regulations are available here in printable form.

§ 11 Storage of the order text
The contract text is stored on our internal systems. The order data will be sent to you by e-mail. You can view the General Terms and Conditions applicable to your order at any time at https://agb.schera.de/.

§ 12 Online Dispute Resolution and Consumer Arbitration
1.  Online Dispute Resolution pursuant to Article 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.
2.    The Seller is in principle not willing and obliged to participate in dispute resolution proceedings before a consumer arbitration board under the VSBG.

§ 13 Final Provisions
The law of the Federal Republic of Germany shall apply to all contracts between the company Schera GmbH and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods.  This choice of law shall only apply to the extent that it does not deprive the consumer of mandatory applicable consumer protection provisions of the state in which the consumer has his habitual residence at the time of his order.