This is a translation provided for information only. Only the German version is legally binding.
Terms and Conditions
§ 1 Scope, definitions
(1) Reso Shield GmbH, Sonnenstr. 13, 84387 Julbach, Germany (hereinafter: “we” or “eSmog Harmonisierung von Reso Shield”) operates an online shop for goods at https://resoshield.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless expressly agreed otherwise.
(2) A “consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade or self-employed profession. An “entrepreneur” is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade or self-employed profession; a partnership with legal capacity is a partnership that has the capacity to acquire rights and incur liabilities.
§ 2 Conclusion of contracts, storage of the contract text
(1) The following provisions on the conclusion of contracts apply to orders placed via our online shop at https://resoshield.com.
(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) When an order is received in our online shop, the following provisions apply: the customer submits a binding offer to conclude a contract by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:
- selection of the desired goods,
- adding the products by clicking the corresponding button (e.g. “Add to cart”, “Add to bag” or similar),
- checking the details in the cart,
- opening the order overview by clicking the corresponding button (e.g. “Proceed to checkout”, “Continue to payment”, “Go to order overview” or similar),
- entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and the cancellation policy,
- if the agreed condition of the goods deviates from their usual condition and requirements for use, confirmation of a negative condition agreement,
- completing the order by clicking the “Buy now” button. This constitutes your binding order.
(4) If a contract is concluded, it is concluded with Reso Shield GmbH, Sonnenstr. 13, 84387 Julbach, Germany.
(5) Before placing the order, the contract data can be printed out using the browser’s print function or saved electronically. The order is processed and all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, is sent by email after you have placed the order, partly automatically. We do not store the contract text after the contract has been concluded.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by cancelling the ordering process prematurely, closing the browser window and repeating the process.
(7) The order is processed and all information required in connection with the conclusion of the contract is sent by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured and, in particular, not prevented by spam filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) In our online shop, the subject matter of the contract is:
- the sale of goods. The specific goods offered can be found on our product pages.
(2) The essential characteristics of the goods can be found in the product description. If the agreed condition of the goods deviates from their usual condition and requirements for use, this is expressly pointed out in the product description (negative condition agreement). Insofar as the customer has expressly consented to the negative deviation in condition, this defines the subject matter of the contract.
§ 4 Prices, shipping costs and delivery
(1) The prices stated in the respective offers and the shipping costs are total prices and include all price components, including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labelled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is marked as free of shipping costs. The shipping costs are clearly communicated to you again in the offers, where applicable in the shopping cart system and in the order overview.
(4) Unless clearly stated otherwise in the product description, all products offered are ready for immediate dispatch (delivery time: 3–10 days after receipt of payment).
(5) The following restrictions on delivery areas apply: delivery is made to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Canada, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Sweden, Switzerland, Slovakia, Spain, Czech Republic, Hungary, United States of America (USA), United Kingdom, Cyprus, Austria.
(6) If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of the outbound shipment if you effectively exercise your right of withdrawal. If you effectively exercise your right of withdrawal, the provision made by us in the cancellation policy applies to the return costs.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of withdrawal
As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.
§ 7 Contract language
The only contract language available is German.
§ 8 Liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tort is limited to intent and gross negligence.
(2) In the case of slight negligence, we are liable without limitation for injury to life, body or health or for breach of an essential contractual obligation. If we are in default with performance due to slight negligence, if performance has become impossible or if we have breached an essential contractual obligation, liability for resulting property damage and financial loss is limited to the damage foreseeable and typical for the contract. An essential contractual obligation is one whose fulfilment makes the proper performance of the contract possible in the first place, whose breach jeopardises the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to act and to perform the contractually owed service described in § 3.
§ 9 Warranty
(1) The warranty is governed by the statutory provisions.
(2) For entrepreneurs, the warranty period for delivered items is 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the service provided for completeness, obvious defects and transport damage immediately upon performance of the contract and to notify us and the carrier of any complaints as soon as possible. If you do not do so, this will of course have no effect on your statutory warranty claims.
§ 10 Final provisions/dispute resolution
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.
(4) We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.