§ 1 Scope of Application and Provider
§ 1.1 Deliveries and services of the THW-Helfervereinigung Ronnenberg e.V. (portal "www.bandschnallen.de") are made on the basis of these General Terms and Conditions. There are no oral ancillary agreements.
§ 1.2 These terms and conditions apply to all purchases made by customers via the Internet portal www.bandschnallen.de from THW-Helfervereinigung Ronnenberg e.V., In der Beschen 2a, 30952 Ronnenberg - hereinafter referred to as "THW-Helfervereinigung Ronnenberg e.V.".
§ 1.3. These general terms and conditions also apply to companies, legal entities under public law or special funds under public law within the meaning of Section 310 (1) sentence 1 of the German Civil Code (BGB). The reference to the customer's terms and conditions in the form is contradicted.
§ 2 Conclusion of Contract
§ 2.1 The presentation of the goods in the online shop does not constitute a legally binding offer, but an invitation to order. By ordering the desired goods via the Internet, telephone or e-mail, the customer submits a binding offer to conclude a purchase contract. When ordering via the online shop, you submit a binding offer to conclude a purchase contract for the purchase of the product in question as soon as you have entered all the required information and click on the "Buy" button in the last step. If you have placed an order with "www.bandschnallen.de", we will send you an e-mail or a written statement confirming receipt of your order by us. This confirmation of receipt does not constitute order acceptance in the legal sense.
§ 2.2. The minimum order value incl. VAT, excluding shipping costs is 30.00 Eur. For orders with an order value of less than 30.00 Eur, we charge a small quantity surcharge of 7.00 Eur incl. VAT.
§ 2.3. THW-Helfervereinigung Ronnenberg e.V. is entitled to accept the customer's offer within 14 calendar days by sending an order confirmation to the customer, which represents the conclusion of the contract. The acceptance of your offer by the THW-Helfervereinigung Ronnenberg e.V. can also be declared to the customer by the delivery of the goods or in some other way - for example by a confirmation of order acceptance or transport information by e-mail. Only with this acceptance in text form (order confirmation) or delivery has the purchase contract been concluded.
§ 2.4 Custom-made and custom-made products: Tool and set-up costs for custom-made products, etc. will be invoiced if a written agreement is reached on this. In any case, they remain our property and possession and will be kept for repeat orders. The retention period is two years from the time of the last delivery. After the deadline, we can destroy the tool or graphic data of our choice. During the duration of the existing business relationships, the customer only acquires the sole right of use to the tools or graphic designs and has no claim to transfer ownership of them.
§ 2.5 In the case of customer-related custom-made products, we reserve the right to deviate from the ordered and confirmed target quantity in the context of an over- or short-delivery of up to +/- 10% of the contractual order quantity for production reasons. The Client is obliged to accept the excess or short delivery and - in the event of over delivery - to pay the agreed remuneration for it. In the event of underdelivery, the difference will be refunded.
§ 3 Prices and shipping costs
§ 3.1 The prices shown are gross final prices including VAT. In addition, there is a corresponding shipping and service fee. For orders over 40.00 EUR, we ship by insured DHL parcel.
§ 4 Payment
§ 4.1 Payment shall be made for delivery within the Federal Republic of Germany by direct debit, cash on delivery, advance payment or – for official offices or by special agreement – against an open invoice. Official agencies such as the THW, the Bundeswehr, the Federal Police, the offices of the state police as well as municipalities and fire brigades are supplied against an open invoice. To do this, we need a written order on official letterhead. Deliveries are only made directly to the respective offices. The invoice amount is due immediately. The THW-Helfervereinigung Ronnenberg e.V. expressly points out that Deutsche Post only accepts cash for payment of cash on delivery shipments. By stating the bank details in the order, the THW-Helfervereinigung Ronnenberg e.V. is authorized to collect the purchase price amount from the bank account specified by the customer in the order.
§ 4.2 If the customer is in default of payment, the THW-Helfervereinigung Ronnenberg e.V. is entitled to demand default interest in the amount of 5 percentage points above the base interest rate announced by the Deutsche Bundesbank at the time of the order p.a. If the THW-Helfervereinigung Ronnenberg e.V. has demonstrably suffered a higher damage caused by delay, the THW-Helfervereinigung Ronnenberg e.V. is entitled to assert this.
§ 4.3 The customer is only entitled to offset if his counterclaims have been legally established or are undisputed by the THW-Helfervereinigung Ronnenberg e.V.
§ 4.4 The Customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 5 Delivery / Transfer of Risk
§ 5.1 The place of performance for the delivery is the Seller's registered office. Delivery is made by a freight forwarder (freight forwarder, carrier, rail and post office) to the delivery address specified by the customer.
§ 5.2 Risk of dispatch and transport to a place other than the place of performance is at the expense of the Purchaser (§ 447 BGB). The risk of damage, loss or loss of the goods passes to the buyer upon shipment or collection. The packaging is in standard quality. At the request of the buyer, insured shipping can be arranged at the expense of the buyer.
§ 5.3 If force majeure makes the delivery or other service permanently impossible, the THW-Hilfsvereinigung Ronnenberg e.V. is not obliged to perform. Amounts already paid will be refunded immediately by THW-Helfervereinigung Ronnenberg e.V.
§ 5.4 The THW-Helfervereinigung Ronnenberg e.V. may also refuse to provide the service insofar as it requires an effort which, taking into account the content of the purchase contract and in good faith, is grossly disproportionate to the customer's interest in the fulfilment of the purchase contract. Amounts already paid will be refunded immediately by the THW-Helfervereinigung Ronnenberg e.V.
§ 6 Retention of Title
§ 6.1 Until all claims against the customer arising from the purchase contract have been fully settled, the delivered goods remain the property of THW-Helfervereinigung Ronnenberg e.V. As long as this reservation of title exists, the customer may neither resell the goods nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
$7 Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us ([insert your name, address and, if available, your telephone number, fax number and e-mail address]) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can also fill out and submit the sample withdrawal form or other clear statement electronically on our website www.bandschnallen.de. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such a revocation. 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.
§ 8 Consequences of revocation
§ 8.1 If you withdraw from this contract, we shall reimburse you all payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest 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 withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment.
§ 8.2 We may refuse to refund 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 the goods without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract to ... to us or to [insert the name and address of the person authorised by you to receive the goods, where applicable]. The deadline is met if you send the goods before the expiry of the fourteen day period. You will bear the direct costs of returning the goods. They only have to pay for any loss in value of the goods if this loss of value is due to handling of them that is not necessary to check the nature, characteristics and functioning of the goods
§ 8.3 The customer must pay compensation for a deterioration of the goods, unless this is exclusively due to the inspection of the goods. A loss of value is taken into account not only in the product itself, but also in all other factors supplied and relevant to resale, in particular the original packaging and documentation. The customer's further obligation to pay damages in the event of a breach of the obligation to return goods for which the customer is responsible is based on the statutory provisions.
§ 8.4 The compensation to be paid by the customer will be offset against the purchase price to be refunded.
§ 8.5 The THW-Helfervereinigung Ronnenberg e.V. points out that according to § 357 paragraph 3 sentence 3 BGB, the customer is also obliged to compensate for the value of the goods if he has observed the care with regard to the goods that he usually applies in his own affairs. The customer can avoid the obligation to compensate for value by not using the goods as an owner and by refraining from anything that affects their value.
§ 9 Warranty
§ 9.1 A product that is already defective at the time of delivery (warranty case) will be replaced by the THW-Helfervereinigung Ronnenberg e.V. with a defect-free product at the customer's discretion at the expense of the THW-Helfervereinigung Ronnenberg e.V. The customer is informed that there is no warranty case if the product had the agreed quality at the time of transfer of risk. In particular, a warranty claim does not exist in the following cases: - in the case of damage caused by the customer due to misuse or improper use, - in the case of damage caused by the products being exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, etc.).
§ 9.2 If the type of subsequent performance (replacement delivery or repair) desired by the customer requires an expense which, in view of the product price and taking into account the content of the contract, is grossly disproportionate to the customer's interest in performance in good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question whether the other type of supplementary performance can be used without significant disadvantages for the customer, - the customer's claim is limited to the other type of supplementary performance. The right of the THW-Helfervereinigung Ronnenberg e.V. to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
§ 9.3 In the event of repair as well as in the event of a replacement, the customer is obliged to send the product at the expense of the THW-Helfervereinigung Ronnenberg e.V., stating the order number, to the address given by the THW-Helfervereinigung Ronnenberg e.V.
§ 9.4 If the customer sends in the goods in order to receive an exchange product, the return of the defective product is based on the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer must refund the value of the benefits derived by him. The customer must pay compensation for any loss or further deterioration of the goods that did not occur due to the defect as well as for the impossibility of handing over the goods in the period between delivery of the goods and return of the goods that did not occur due to the defect. The customer is not obliged to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value of a defective product also does not apply to the return of a defective product in the event of a warranty claim, - if THW-Helfervereinigung Ronnenberg e.V. is responsible for the deterioration or destruction or if the damage would also have occurred at THW-Helfervereinigung Ronnenberg e.V., - if the deterioration or destruction has occurred at the customer, although the customer has observed the care that he usually applies in his own affairs. The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible is based on the statutory provisions.
§ 9.5 The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not led to a condition of the product in accordance with the contract within a reasonable period of time.
§ 9.6 In addition, there may also be claims against the manufacturer within the framework of a warranty granted by the manufacturer, which are based on the corresponding warranty conditions.
§ 10 Limitation period
§ 10.1 The statutory warranty of the THW-Helfervereinigung Ronnenberg e.V. ends two years from the delivery of the goods.
§ 10.2 The period begins with the receipt of the goods. A warranty granted by the manufacturer, if any, does not extend the limitation period according to § 10.1 of the GTC.
§ 11 Liability for damages
§ 11.1 In the event of slight negligence, the THW-Helfervereinigung Ronnenberg e.V. shall only be liable in the event of a breach of essential contractual obligations and limited to the foreseeable damage. This restriction does not apply to injury to life, limb and health. The THW-Helfervereinigung Ronnenberg e.V. is not liable for other damage caused by slight negligence due to a defect in the object of purchase
§ 11.2 Irrespective of the fault of the THW-Helfervereinigung Ronnenberg e.V., the liability of the THW-Helfervereinigung Ronnenberg e.V. in the event of fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected. The manufacturer's warranty is a warranty of the manufacturer and does not constitute a guarantee by the THW-Helfervereinigung Ronnenberg e.V.
§ 11.3 The THW-Helfervereinigung Ronnenberg e.V. is also responsible for the impossibility of delivery that occurs by chance during its delay, unless the damage would have occurred even if delivery had been made on time.
§ 11.4 The personal liability of the legal representatives, vicarious agents and employees of the THW-Helfervereinigung Ronnenberg e.V. for damage caused by them through slight negligence is excluded.
§ 12 Use of Data / Privacy Policy
§12.1. Access Data and Hosting
You can visit our websites without providing any information about yourself. Every time a website is accessed, the web server only automatically stores a so-called server log file, which contains, for example, the name of the requested file, your IP address, date and time of access, the amount of data transferred and the requesting provider (access data) and documents the access. These access data are evaluated exclusively for the purpose of ensuring trouble-free operation of the site and improving our offer. In accordance with Art. 6 para. 1 sentence 1 lit. f GDPR, this serves to safeguard our legitimate interests, which outweigh the legitimate interests in a correct presentation of our offer in the context of a balancing of interests. All access data will be deleted no later than seven days after the end of your visit to the site.
§12.2. Hosting Services by a Third-Party Provider
As part of processing on our behalf, a third-party provider provides us with the services for hosting and displaying the website. This serves to safeguard our legitimate interests, which outweigh the legitimate interests in a correct presentation of our offer in the context of a balancing of interests. All data collected in the context of the use of this website or in the forms provided for this purpose in the online shop, as described below, are processed on its servers. Processing on other servers only takes place within the scope explained here. This service provider is located within a country of the European Union or the European Economic Area.
§12.3. Data collection and use for contract processing and when opening a customer account
We collect personal data if you voluntarily provide it to us as part of your order, when contacting us (e.g. via contact form or e-mail) or when opening a customer account. Mandatory fields are marked as such, as in these cases we absolutely need the data for the execution of the contract, or for processing your contact or opening of the customer account, and without them you cannot complete the order and/or the account opening, or send the contact. The data collected can be seen from the respective input forms and is listed below:
Information you provide to us yourself
The exact amount of this data depends on how you use the platform. In principle, you can use the platform with or without creating a user account. If you decide to create a user account and fill out the registration form, we will process the following information:
Name and surname
E-mail address
If you decide to create an order and fill out the order form, we will process the following information and, in accordance with the principles of proper accounting, process the following order data and keep it in a customer account in accordance with the legal deadlines. By placing your order, you agree to the processing and storage of your data in accordance with Art. 17 (3) (b) GDPR:
Email address
First name and last name and, if applicable, company name
Phone number(s)
Your billing and, if applicable, delivery address(es)
the items you have ordered
Your bank details (IBAN)
Time of order and order status
We use the data provided by you in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR to process the contract and process your requests. After the contract has been fully processed or your customer account has been deleted, your data will be restricted for further processing and deleted after the expiry of the retention periods under tax and commercial law (11 years), unless you have expressly consented to further use of your data or we reserve the right to use your data beyond this, which is permitted by law and about which we inform you in this statement. The deletion of your online customer account is possible at any time and can be done by sending a message to the contact option described below.
§12.4. Data Disclosure
In order to fulfil the contract in accordance with Art. 6 (1) sentence 1 (b) GDPR, we pass on your address and e-mail data to the shipping company commissioned with the delivery, among other things, for shipment notification, insofar as this is necessary to inform you about the delivery of ordered goods. Your consent is deemed to have been given with the order within the framework of these GTC. Depending on which payment service provider you select in the order process, we pass on the payment data collected for this purpose to the credit institution commissioned with the payment and, if applicable, payment service providers commissioned by us, or to the selected payment service provider for the purpose of processing payments. In some cases, the selected payment service providers also collect this data themselves, if you create an account with them. In this case, you must log in to the payment service provider with your access data during the ordering process. In this respect, the privacy policy of the respective payment service provider applies.
§12.5. E-mail newsletter
E-mail advertising with subscription to the newsletter - If you subscribe to our newsletter, we will use the data required for this purpose or separately provided by you to send you our e-mail newsletter on a regular basis on the basis of your consent in accordance with Art. 6 (1) sentence 1 (a) GDPR. You can unsubscribe from the newsletter at any time and can be done by sending a message to the contact option described below or via a link provided for this purpose in the newsletter. After unsubscribing, we will delete your e-mail address, unless you have expressly consented to further use of your data or we reserve the right to use your data beyond this, which is permitted by law and about which we inform you in this declaration.
§12.6. Cookies and web analysis
In order to make visiting our website attractive and to enable the use of certain functions, to display suitable products or for market research, we use so-called cookies on various pages. This serves to safeguard our legitimate interests in an optimized presentation of our offer in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR, which outweigh our legitimate interests in the context of a balancing of interests. Cookies are small text files that are automatically stored on your device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your device and enable us to recognize your browser the next time you visit (persistent cookies). You can find the duration of storage in the overview in the cookie settings of your web browser. You can set your browser so that you are informed about the setting of cookies and decide individually whether to accept them or exclude the acceptance of cookies in certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how to change your cookie settings. You can find these for the respective browsers under the following links:
If you do not accept cookies, the functionality of our website may be limited.
§12.7 Use of Google (Universal) Analytics for web analysis
Insofar as you have given your consent to this in accordance with Art. 6 (1) sentence 1 (a) GDPR, this website uses Google (Universal) Analytics, a web analysis service provided by Google LLC (www.google.de), for the purpose of website analysis. Google (Universal) Analytics uses methods that enable an analysis of your use of the website, such as cookies. The automatically collected information about your use of this website is usually transmitted to a Google server in the USA and stored there. By activating IP anonymization on this website, the IP address is shortened before transmission within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. The anonymized IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. After the purpose has ceased to exist and we have ceased to use Google Analytics, the data collected in this context will be deleted. Google LLC is headquartered in the USA and is certified under the EU-US Privacy Shield. A current certificate can be viewed here. On the basis of this agreement between the USA and the European Commission, the latter has determined an adequate level of data protection for companies certified under the Privacy Shield.
You can revoke your consent at any time with effect for the future by downloading and installing the browser plugin available at the following link: http://tools.google.com/noanalytics . This prevents the collection of the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google.
As an alternative to the browser plug-in, you can click this link to prevent Google Analytics from collecting data on this website in the future. An opt-out cookie is stored on your device. If you delete your cookies, you will be asked to give your consent again.
§12.8. Contact options and your rights
As a data subject, you have the following rights:
in accordance with Art. 15 GDPR, the right to request information about your personal data processed by us to the extent specified therein;
In accordance with Art. 16 GDPR, the right to immediately demand the correction of incorrect or complete your personal data stored by us
In accordance with Art. 17 GDPR, the right to request the deletion of your personal data stored by us, unless further processing is prohibited in accordance with Art. 17 (3) (b) GDPR
to exercise the right to freedom of expression and information;
to comply with a legal obligation (archiving obligation)
for reasons of public interest, or
to assert, exercise or defend legal claims
is required;
- in accordance with Art. 18 GDPR, the right to demand the restriction of the processing of your personal data, insofar as
- the accuracy of the data is disputed by you;
- the processing is unlawful but you oppose its erasure;
- we no longer need the data, but you need it to assert, exercise or defend legal claims, or
- you have objected to the processing in accordance with Art. 21 GDPR;
- in accordance with Art. 20 GDPR, the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transmitted to another controller;
- in accordance with Art. 77 GDPR, the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or place of work or our company headquarters.
§12.9. About us
This is the privacy policy of the "THW-Helfervereinigung Ronnenberg e.V., In der Beschen 2a, 30952 Ronnenberg". If you have any questions about the collection, processing or use of your personal data, information, correction, blocking or deletion of data, as well as revocation of consents given or objection to a certain use of data, please contact us directly by post or e-mail using the contact details in our imprint.
§ 13 Miscellaneous
§ 13.1 All contracts concluded with the THW-Helfervereinigung Ronnenberg e.V. within the meaning of § 1 of the GTC are subject exclusively to the law of the Federal Republic of Germany with the express exclusion of the U.N. Sales Law (CISG).
§ 13.2 For all present and future claims arising from the business relationship with merchants, including bills of exchange and cheque claims, the place of jurisdiction shall be Ronnenberg.
