Terms of service

Table of Contents

  1. Scope
  2. Conclusion of the Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Special Conditions for Assembly/Installation Services
  9. Applicable Law
  10. Jurisdiction
  11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Recada GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller in their online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their trade, business, or profession.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit an offer via the online order form integrated into the Seller's online shop. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, submits a legally binding offer of contract with respect to the goods contained in the shopping cart by clicking the button that concludes the order process.

2.3 The Seller may accept the Customer's offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
  • by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
  • by requesting payment from the Customer after placing their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to PayPal's terms of use, available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/us/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that is selectable in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time when the Customer clicks the button that concludes the order process.

2.5 When selecting the "Amazon Payments" payment method, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.com/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that concludes the order process. In this case, the Seller hereby declares acceptance of the Customer's offer at the time when the Customer triggers the payment process by clicking the button that concludes the order process.

2.6 When submitting an offer via the Seller's online order form, the contract text will be stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. Further access to the contract text by the Seller will not be provided. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed by the Customer via their password-protected user account using the corresponding login data free of charge.

2.7 Before submitting the binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the order process.

2.8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties engaged by the Seller for order processing can be delivered when using SPAM filters.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices, including statutory VAT. Any additional delivery and shipping costs that may apply will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases that the Seller is not responsible for and that the Customer must bear. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred regarding the money transfer if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the Customer in the Seller's online shop.

4.4 If a payment method offered via the "PayPal" payment service is selected, payment processing will be carried out via PayPal, which may use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal where they provide advance services to the Customer (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or the third-party payment service provider named by PayPal and specified to the Customer. Before accepting the assignment declaration by the Seller, PayPal or the third-party payment service provider appointed by PayPal will conduct a credit check using the Customer's transmitted data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative credit check result. If the selected payment method is accepted, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, payment can only be made to PayPal or the third-party payment service provider appointed by PayPal, with a debt-discharging effect. However, the Seller remains responsible for general customer inquiries, such as about goods, delivery time, dispatch, returns, complaints, declarations of withdrawal, and shipments or credits, even in the event of the assignment of the claim.

4.5 If a payment method offered via "Shopify Payments" is selected, payment processing will be carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. For payment processing, Stripe may use additional payment services for which special payment conditions may apply, and the Customer may be informed of these separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-us.

4.6 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the credit card payment method is carried out in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which is authorized by the Seller to collect the debt in their name. PAYONE GmbH will debit the invoice amount from the specified credit card account of the Customer. The credit card will be charged immediately after the Customer's order has been sent in the online shop. Even if the credit card payment method is selected via PAYONE GmbH, the Seller remains responsible for general customer inquiries, such as about goods, delivery time, dispatch, returns, complaints, declarations of withdrawal, and shipments or credits.

4.7 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the credit card payment method is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the Seller assigns their payment claim. secupay AG will debit the invoice amount from the specified credit card account of the Customer. In the event of an assignment, payment can only be made to secupay AG with a debt-discharging effect. The credit card will be charged immediately after the Customer's order has been sent in the online shop. The Seller remains responsible for general customer inquiries, such as about returns, complaints, declarations of withdrawal, and shipments or credits, even if the credit card payment method is selected via secupay AG.

4.8 If the credit card payment method is selected via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method in the event of a negative credit check result.

5) Delivery and Shipping Conditions

5.1 If the Seller offers the shipment of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the execution of the transaction.

5.2 For goods delivered by freight forwarding, delivery will be made "free curbside," meaning up to the nearest public curbside to the delivery address unless otherwise specified in the shipping information in the Seller's online shop and unless otherwise agreed.

5.3 If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply to the costs of the initial dispatch if the Customer effectively exercises their right of withdrawal. The return shipping costs shall be governed by the provisions in the Seller's cancellation policy regarding the right of withdrawal.

5.4 If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally pass to the Customer or a person authorized to receive them only upon delivery of the goods. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer, even if they are a consumer, as soon as the Seller has delivered the goods to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named that person or institution to the Customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not attributable to the Seller and they have concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded without delay.

5.6 If the Seller offers the goods for collection, the Customer can collect the ordered goods within the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs will be charged.

6) Retention of Title

If the Seller provides advance services, they retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer is an entrepreneur,

  • the Seller has the choice of the type of subsequent performance;
  • the limitation period for defects in new goods is one year from delivery of the goods;
  • the rights and claims for defects in used goods are excluded;
  • the limitation period does not begin anew if a replacement delivery is made as part of the liability for defects.

7.2 If the Customer is a consumer, the following applies to contracts for the delivery of used goods with the restriction that follows: The limitation period for claims for defects is one year from delivery of the goods if this has been expressly and separately agreed between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.

7.3 The above-mentioned limitations of liability and shortening of periods do not apply

  • to claims for damages and reimbursement of expenses by the Customer,
  • in the event that the Seller has fraudulently concealed the defect,
  • to goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
  • to any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any statutory recourse claims remain unaffected.

7.5 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the Customer fails to comply with the reporting obligations regulated therein, the goods shall be deemed to have been approved.

7.6 If the Customer is a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. Failure to do so has no effect on the Customer's statutory or contractual claims for defects.

8) Special Conditions for Assembly/Installation Services

If the Seller owes assembly or installation of the goods at the Customer's location in addition to the delivery of goods according to the content of the contract, the following shall apply:

8.1 The Seller shall provide their services at their discretion either personally or through qualified personnel selected by them. The Seller may also use the services of third parties (subcontractors) who act on their behalf. Unless otherwise specified in the Seller's service description, the Customer has no right to select a specific person to perform the desired service.

8.2 The Customer must provide the Seller with all information necessary for the performance of the owed service in a complete and truthful manner, unless obtaining such information falls within the Seller's scope of duties according to the content of the contract.

8.3 The Seller will contact the Customer after the conclusion of the contract to agree on a date for the owed service. The Customer is responsible for ensuring that the Seller or the personnel appointed by them have access to the Customer's relevant facilities at the agreed time.

8.4 The risk of accidental loss and accidental deterioration of the sold goods shall not pass to the Customer until the assembly work has been completed and the goods have been handed over to the Customer.

9) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

10) Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. In the above cases, however, the Seller is also entitled in any case to bring the matter before the court at the Customer's registered office.

11) Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.