General standard terms and conditions

§ 1 Validity of the terms and conditions

1. The following general terms and conditions apply to all deliveries and services by Retail & Travel Partners GmbH (hereinafter: RTP).

2. Deviating, conflicting or supplementary general terms and conditions of the contractual partner are not part of the contract, unless their validity is expressly agreed in writing.

§ 2 Conclusion of contract, agreed properties

1. Contracts for the delivery of goods are concluded at the latest when RTP delivers them.

2. Information in brochures, images, drawings and other descriptions do not constitute a guarantee of properties unless they are expressly marked as such.

§ 3 Delivery reservation, delivery times

1. RTP does not assume any procurement risk for ordered goods. RTP is entitled to withdraw from the contract if the delivery item cannot be obtained despite the prior conclusion of a corresponding purchase contract and despite demonstrable efforts to obtain from the supplier.

2. If the non-compliance with an agreed delivery time is due to force majeure, industrial action, fire, unforeseeable obstacles or other circumstances for which RTP is not responsible, the delivery or execution time is extended for the duration of these circumstances. This also applies if RTP is in arrears with the occurrence of the obstructing circumstance. If the impediment to performance lasts for more than a month, both RTP and the customer are entitled to withdraw from the contract. Any further rights of the customer remain unaffected.

3. RTP will immediately inform the customer of any impediment to performance and, in the event of withdrawal, immediately reimburse the customer for services already provided.

§ 4 Retention of title, extended retention of title

1. Goods delivered by RTP remain the property of RTP until the purchase price has been paid in full.

If the customer is not a consumer within the meaning of § 13 BGB, the following provisions also apply to contracts for the delivery of goods:

2. The delivery item remains the property of RTP until all of RTP’s claims against the customer from the business relationship have been met. This also applies if individual or all of RTP’s claims have been included in a current invoice and the balance has been drawn.

3. In the event that the delivery item is sold, the customer assigns his claim from the resale against the buyer with all ancillary rights to RTP as a precaution. The assignment applies including any balance claims. However, the assignment only applies to the amount corresponding to the invoiced price of the delivery item.

4. If the customer connects the delivery item with land or movable property, he assigns his claim, which he is entitled to as remuneration for the connection, with all ancillary rights as a precaution in the amount of the ratio of the value of the delivery item to the other connected goods at the time of the connection to RTP.

5. The customer is obliged to notify RTP immediately of any enforcement access to goods that are subject to retention of title by RTP, as well as any damage or destruction. The same applies to a change in ownership of the goods and a change in the storage location of the goods.

§ 5 Price components, due date

1. Purchase prices apply from the RTP storage. Packing and Delivery extra.

2. Purchase prices are due on the day of delivery without deduction.

§ 6 Partial deliveries, transfer of risk in the case of sale by mail

If the customer is not a consumer within the meaning of § 13 BGB, the following provisions apply to contracts for the delivery of goods:

1. RTP is entitled to make partial deliveries, unless partial deliveries are unreasonable for the customer. If partial deliveries have been made, the provisions on delay in § 4 only apply to the delivery that has not yet been made.

2. When the goods are handed over to the transport company, the risk is transferred to the customer. RTP is released from its obligation to perform when it is handed over to the transport company. The transport of the goods is at the risk of the customer. This also applies if partial deliveries are made or RTP provides additional services, e.g. B. transport costs or delivery has taken over.

§ 7 Warranty for material defects

The warranty for material defects is based on the statutory provisions. The following regulations also apply:

1. If the supplementary performance fails, the customer can, at his option, request a reduction in payment (reduction) or cancellation of the contract (withdrawal). In the case of only a minor lack of conformity with the contract, in particular only minor defects, the customer is not entitled to withdraw from the contract.

2. If the customer chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he is not entitled to any additional claims for damages due to the defect.

§ 8 Limitation of Liability

1. RTP is liable in cases of intent or gross negligence in accordance with the statutory provisions. In addition, RTP is only liable under the Product Liability Act, for injury to life, limb or health or for culpable breach of essential contractual obligations or if RTP has fraudulently concealed a defect or has assumed a guarantee for the quality of the delivery item. The claim for damages for the breach of essential contractual obligations is limited to the contract-typical, foreseeable damage. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer can rely.

2. RTP’s liability for loss of earnings is excluded if the delay is due to the fact that the goods cannot be received from the supplier on time despite demonstrably timely ordering and despite demonstrable efforts to obtain timely purchase.

§ 9 Choice of law, place of jurisdiction

1. The law of the Federal Republic of Germany. Mandatory consumer protection regulations of the country in which a consumer is domiciled remain unaffected.

2. If the customer is not a consumer within the meaning of § 13 BGB, the place of jurisdiction for disputes arising from or in connection with the contractual relationship is Flensburg