1. Preface
These terms and conditions form the basis of every purchase agreement with Rissmann Handels- und Dienstleistungsgesellschaft mbH. Deviating agreements are only valid if expressly confirmed by us in writing. The possible invalidity of individual parts of these terms and conditions does not affect the remaining provisions. All sales are governed by German law. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.
Please note:
The product range in our online shops www.surfaceshield.shop and www.rhdgmbh.com is aimed at both consumers and businesses. For the purposes of these terms and conditions, a consumer is any natural person who enters into a business relationship with us for purposes that are neither related to their commercial nor their independent professional activity, as defined in § 13 of the German Civil Code (BGB). A business, for the purposes of these terms and conditions, is any natural or legal person or partnership with legal capacity that, when entering into a legal transaction with us, is acting in the course of their commercial or independent professional activity, as defined in § 14 para. 1 of the German Civil Code (BGB).
For the purposes of these terms and conditions, "customer" refers to both consumers and entrepreneurs.
Our customers' terms and conditions do not apply, even if we do not expressly object to their validity in individual cases.
2. Contracting parties
The purchase agreement is concluded with:
Rissmann Trading and Services GmbH
Kohlenweg 5
31552 Apelern
District Court Stadthagen, HR B 202215
VAT ID No. DE115511886
Managing Directors: Hannelore Rißmann, Arne Rißmann
You can reach our customer service department Monday to Thursday from 7:30 a.m. to 4:00 p.m. and Friday from 7:30 a.m. to 12:30 p.m. by telephone at +49 5130 379999 and by email at vertrieb@rhdgmbh.de.
3. Offer and conclusion of contract
All information in our written offers is subject to change without notice; errors excepted. A purchase agreement only comes into effect upon our written confirmation.
The information in our online shops does not constitute a legally binding offer, but rather an invitation to place an order. This applies particularly to prices, images, drawings, tables, and brochures. We reserve the right to make technical changes, as well as changes in form, color, and/or weight, within reasonable limits.
By clicking the "Place order" button in the final step of the ordering process, you are placing a binding order for the goods in your shopping cart. The purchase agreement is concluded when we accept your order by sending an order confirmation via email immediately after receiving your order, or by delivering the goods to you. The contract text is stored on our internal systems. You can view the General Terms and Conditions at any time on this page. The order details will be sent to you by email. For security reasons, the contract text is no longer accessible online after the order has been completed.
4. Right of withdrawal
Every customer who is a consumer and has ordered via our online shops is entitled to cancel the offer within 14 days in accordance with the special cancellation and return instructions.
Cancellation policy
The following applies to contracts with consumers within the meaning of Section 13 of the German Civil Code (BGB) (i.e., natural persons who conclude a legal transaction with us for purposes that are predominantly neither attributable to their commercial nor their independent professional activity).
Right of withdrawal:
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. If you have ordered multiple goods in one order and these goods are delivered separately, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. If the contract is for the delivery of goods in multiple shipments or pieces, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last shipment or piece. In the case of a contract for the regular delivery of goods over a defined period, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good.
However, in all the above-mentioned cases, the cancellation period does not begin until you have received this information in text form and until you have been informed by us in accordance with the requirements of Article 246a § 1 paragraph 2 sentence 1 number 1 EG BGB.
To exercise your right of withdrawal, you must inform us, Rissmann Handels- und Dienstleistungsgesellschaft mbH, Kohlenweg 5, 31552 Apelern, Tel. +49 5130-379999, Fax +49 5130-379990, vertrieb@rhdgmbh.de, 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). Please provide the following information in the event of withdrawal:
Consumer's name and address, product name, quantity, ordered on/received on.
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.
Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement.
We may refuse reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to Rissmann Handels- und Dienstleistungsgesellschaft mbH, Kohlenweg 5, 31552 Apelern, without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.
You bear the direct costs of returning the goods.
You are only liable 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 their condition, properties and functionality.
End of the cancellation policy
5. Warranty
If the customer is a consumer, the warranty period is two years from delivery; otherwise, it is 12 months from delivery.
If the delivered goods are defective, the customer may initially demand that we remedy the defect or deliver defect-free goods; if the customer is a business, the warranty is limited, at our discretion, to repair or replacement. We may refuse the buyer's chosen method of remedy if it would entail disproportionate costs.
If the subsequent performance fails, is unreasonable for the customer, or if we refuse subsequent performance, the customer is entitled, in accordance with applicable law, to withdraw from the contract, reduce the purchase price, or demand damages or compensation for his wasted expenses.
Liability under the warranty is limited in all cases to the purchase price of the defective item, excluding any liability for consequential damages. This exclusion of liability does not apply in cases of intentional or grossly negligent breach of contract by us, the absence of warranted characteristics, or in cases of delay or impossibility of performance. Liability in cases of slight negligence, including that of our agents, is excluded regardless of the legal basis.
Liability under the provisions of the Product Liability Act remains unaffected.
The customer is obligated to take appropriate measures to prevent and mitigate damage. They are obligated to handle the goods with care. If maintenance and inspection work is required, they must carry it out regularly at their own expense.
In the event of an obviously incorrect or incomplete delivery, the customer must notify us immediately. A limitation period of 5 days applies.
Every customer who is a business must observe the following in particular: The business customer must carefully inspect the goods immediately upon delivery. The delivered goods are deemed accepted by the business customer unless a defect is reported to us within 5 working days of delivery in the case of obvious defects, or otherwise within 5 working days of discovery of the defect.
We do not provide any legally binding guarantees to the customer. Manufacturer warranties remain unaffected. We assume no liability for the accuracy of technical data and other information in manufacturer brochures. We reserve the right to make technical modifications that serve technical progress or do not significantly affect use.
When making warranty claims, please provide the invoice number. The defective goods must be made available to us with as precise a description of the defect as possible.
Damage caused by improper handling, maintenance, improper return shipping, or failure to follow the operating instructions is not covered by the warranty. Damage caused by third-party intervention is not our responsibility and may jeopardize the validity of a warranty claim.
Transport damage must be reported to the responsible transport company immediately.
Parts subject to natural wear and tear are excluded from the warranty, provided they were delivered without defects.
6. Prices and shipping costs
Our written offers are valid for 30 days and are non-binding. All prices quoted in the offers are in €, excluding statutory VAT.
Our prices listed in our online shops include statutory VAT, but not shipping costs.
Shipping costs, customs duties and similar charges must always be borne by the customer.
All deliveries are made from our warehouse in Apelern. Shipping costs depend on the quantity of goods ordered and the shipping method.
When ordering via the online shops, customers are clearly informed of the shipping costs before submitting their binding order.
Please note: Delivery via our online shops is designed exclusively for shipping within Germany in small quantities. For larger quantities, or for quantity or annual contracts, please contact us directly at vertrieb@rhdgmbh.com or by phone at +49 5130-379999. Customers from abroad should also contact vertrieb@rhdgmbh.de for a written quote. .
7th delivery
Unless otherwise agreed or stated on the product page, we typically deliver orders within Germany within 3-10 business days of receiving your order/payment, excluding custom-made items. You will be informed immediately of any delivery delays.
All deliveries are usually made from the Apelern warehouse.
If the customer is a consumer, the risk of accidental loss, damage, or destruction of the delivered goods passes to the customer upon delivery of the goods or when the customer is in default of acceptance. In all other cases, the risk passes to the customer upon delivery of the goods to the carrier. Please inform us if you require transport insurance.
We reserve the right to make partial deliveries. Delivery by us is subject to the condition that we ourselves receive timely and correct delivery and are not responsible for any lack of availability. In the event of non-availability of the goods, we will inform you immediately and promptly refund any payments, such as advance payments. Should the delivery of the goods be delayed beyond a normal period, the buyer may set a reasonable grace period. Timely dispatch of the goods by us is sufficient to meet this grace period. In the event of non-acceptance by the buyer, we may charge for any resulting loss of earnings.
8. Payment
We generally supply first-time customers, customers from online shops, and customers from other European countries via prepayment; otherwise, payment is made according to our order confirmation.
For advance payment/bank transfer, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment. You will receive confirmation upon receipt of payment or shipment of goods.
9. Retention of title
We deliver exclusively under retention of title until the customer has fully settled all claims arising from the ongoing business relationship.
The buyer is entitled to resell the goods subject to retention of title in the ordinary course of business. The buyer hereby assigns to us, in advance, all claims against its customers arising from the resale of the goods subject to retention of title, up to the amount of the final invoice total agreed with us (including VAT). This assignment applies regardless of whether the goods are resold before or after processing. The buyer remains authorized to collect the receivables even after the assignment. Our right to collect the receivables ourselves remains unaffected. However, we will not collect the receivables as long as the buyer fulfills its payment obligations from the proceeds received, is not in default of payment, and in particular, no application for insolvency proceedings has been filed or payments have been suspended.
The processing and handling of the goods by the customer is always carried out in our name and on our behalf. If processing is carried out with items that do not belong to us, we acquire co-ownership of the new item in proportion to the value of the goods we supplied relative to the other processed items. The same applies if the goods are mixed with other items that do not belong to us.
The buyer is obligated to inform us immediately of any third-party access to the goods, such as in the event of seizure, as well as any damage to or destruction of the goods. Furthermore, in the event of seizure of the goods subject to retention of title or of claims assigned to us by third parties, the buyer is obligated to immediately inform the seizing party and any enforcement authorities involved, both orally and in writing, of our rights (retention of title) and to take all other necessary steps to protect our rights. The buyer must also notify us immediately of any change of possession of the goods, as well as any change of their own residence or business location, as long as retention of title still applies. The buyer must provide proof of the location of the goods subject to retention of title at any time upon request.
We reserve all proprietary and copyright rights to all documents provided to the customer in connection with the order, such as calculations, drawings, etc. These documents may not be made available to third parties unless we give the customer our express written consent.
We are entitled to withdraw from the contract and demand the return of the goods if the customer breaches the contract, in particular in the event of late payment.
You may only exercise a right of retention to the extent that the claims arise from the same contractual relationship.
You are only entitled to offset your claims if your counterclaims have been legally established by a court, are undisputed, or have been acknowledged by us in writing.
10. Effectiveness and Jurisdiction
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid or contain a gap, the validity of the remaining provisions shall not be affected. The wholly or partially invalid or missing provision shall be replaced by a provision that complies with applicable law and whose economic effect comes as close as possible to that of the invalid provision.
If the customer is a merchant within the meaning of Section 1 Paragraph 1 of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the place of performance and exclusive venue for all disputes arising from or in connection with this contract shall be our registered office. The same applies if the customer has no general place of jurisdiction in Germany or if their domicile or habitual residence is unknown at the time the action is brought. In all other cases, we or the customer may bring an action before any court of competent jurisdiction.
The European Commission has established an online platform for dispute resolution. This platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales and service contracts. You can access the platform via the following link:
http://ec.europa.eu/consumers/odr
We are neither obligated nor generally willing to participate in dispute resolution proceedings before a consumer arbitration board.