General Terms and conditions
RAW Handel und Beratungs GmbH offers products for environmental protection and safety at work via the Internet.
The following General Terms and Conditions (subsequently called GTC) are valid for mailorder business by means of the channels (mail, facsimile, e-mail and Internet) on written order.
Our offer is solely directed at commercial customers. We do not supply to private customers.
In the same way, these GTC are valid for body corporate organised under public law or special fund under public law according to section 310 subsection 1 sentence 1 of the German Civil Code (BGB).
1. General Conditions
I. We solely carry out deliveries in accordance with our General Terms and Conditions, which are valid for all future business with the purchaser. RAW Handel und Beratungs GmbH hereby expressly objects to diverging regulations or terms and conditions of purchasing of the contracting partner. Any additional agreement requires a written acknowledgement by RAW Handel und Beratungs GmbH. On agreement with the GTC in our network partners’ online shop you accept those as legally binding. Our Business Conditions are still valid in case we carry out the delivery to the purchaser without reservation knowing the purchaser as using contradictory conditions to or conditions deviating from our Conditions.
II. The following General Terms and Agreements are valid for all contracts, deliveries and further services. All agreements made between us and the purchaser in order to fulfil this contract are recorded in this contract.
III. Commercial purchasers are natural or legal persons or business partnerships, who are acting in exercise of a commercial or freelance occupation.
IV. At all times, RAW Handel und Beratungs GmbH is entitled to alter or amend these General Terms and Conditions including any possible appendices. Orders made prior to these changes are carried out in accordance with the General Terms and Conditions which are valid at the moment of receipt of the order.
I. The presentation of products in the catalogue or on the Internet does not yet represent a binding contractual offer by RAW Handel und Beratungs GmbH. Samples are only non-committal examples for inspection. Our offers are not binding (principle of invitatio ad offerendum).
II. The contract between the customer and RAW Handel und Beratungs GmbH only becomes binding upon written order made by the customer and its confirmation by RAW Handel und Beratungs GmbH. Any acknowledgement of order receipt does not yet represent the acceptance. In case of acceptance RAW Handel und Beratungs GmbH sends a confirmation of the offer via e-mail, facsimile or mail. Sending the product ordered to the customer is tantamount to an explicit declaration of acceptance.
III. The offers are subject to change with regard to possible technical changes and other changes such as in shape, colour, and/or in weight, to the extent reasonable for the customer. The indications, drawings, images, technical data, indications of weight and measurements, absorption capacities, performance descriptions etc. contained in the product specifications are approximate values as customary in trade and are therefore not binding.
IV. On publishing of a new edition, the respective online catalogue and the individual pages of the RAW website as well as of the network partners’ online shop lose its validity.
3. Delivery and Payment
I. All prices of our network partners’ online shop are generally calculated gross (including the legal VAT); the wholesale price list contains net prices. Unless otherwise stipulated, prices are calculated ex-works.
II. The purchase price is to be paid within the term of payment given to the customer with the confirmation of the order or with the invoice, the payment is to be made exempt from postage and charges within 14 days following the invoice date without deduction; the payment is considered relevant on its receipt by RAW Handel und Beratungs GmbH respectively by the trading partner of RAW who has issued the invoice. All payments are to be made solely to the account indicated. For money transfer the reference mentioned is to be indicated.
III. In case the purchaser is in delay of payment, we are entitled to calculate default interest of 1.5 % per month. If we are able to prove a higher damage caused by default, we are entitled to assert the latter. However, the purchaser is entitled to prove no damage or only minor damage has occurred as a result of late payment. In case of late payment by the purchaser, all outstanding undue claims are immediately payable without deduction, as well. We do not accept bills of exchange.
IV. The choice of dispatch route and type are at the own discretion of RAW Handel und Beratungs GmbH. RAW Handel und Beratungs GmbH reserves the right to carry out partial deliveries as far as this is deemed to be of advantage for an efficient execution. Any special delivery types desired by the customer are charged with the customary local additional fee. The delivery is carried out freight forward ex stock March-Neuershausen at the expense of the customer unless otherwise stipulated.
V. Any verifiable rise of prices for raw material respectively of the conditions of our sub-suppliers amounting to more than 5 % entitles us to subsequent billing or cancellation of the contract.
4. Delivery Periods
I. The beginning of the delivery period indicated by us assumes the prior clarification of all technical questions. We shall meet the delivery periods mentioned as far as possible. Indications made in the order confirmation as to delivery periods are non-committal and only serve as an information about the transfer date for the carrier.
II. Our obligation to delivery is only complied assuming the purchaser’s obligations have been fulfilled in due time and form. In case the purchaser is in default of acceptance or fails to meet any further obligations to co-operate, we are entitled to claim for the damage accrued to us, including any possible additional expenditure. In this case, the transfer of risk regarding accidental damage or theft of the purchase object to the purchaser takes place as soon as the purchaser is in default of acceptance.
III. Products in stock (RAW Handel und Beratungs GmbH is not liable for transport difficulties) are shipped within 2 days. Regarding products not being in stock at the moment of the order, RAW Handel und Beratungs GmbH makes efforts for a delivery as quick as possible. In case the non-compliance with a delivery or service period results from force majeure, labour dispute, unpredictable or any other circumstances which are not caused by RAW Handel und Beratungs GmbH, the period is to be extended appropriately.
IV. In case of non-compliance with the delivery period for other reasons than those mentioned above, the customer is entitled to set a new appropriate deadline in writing and to threat with refusal to accept the contract and, after it has passed without success, to withdraw from the contract concerning the delivery or service being object of the contract. In case the delivery is impossible because of incapacity of the manufacturer or supplier, both RAW Handel und Beratungs GmbH and the customer can withdraw from the contract provided that the delivery period agreed on is exceeded by more than two months.
V. Any claims for damages are excluded when resulting from default or impossibility or non-compliance as well as such having occurred until the cancellation of contract, unless a legal representative of RAW Handel und Beratungs GmbH has been acting with intent or gross negligence. For the rest, we do not assume liability.
5. Cancellation/Right of Return
I. We shall be free of our delivery obligations in case doubts as to the creditworthiness of the purchaser should arise. The same applies to the case when the purchaser is in delay of payment for former deliveries.
II. RAW Handel und Beratungs GmbH guarantees a right of return within 14 days for not used respectively sealed goods. The return period is kept by timely sending back the goods (invoice date). Prior to the return, the customer is to contact RAW Handel und Beratungs GmbH respectively the RAW trading partner who has issued the invoice in written form (e-mail, facsimile, mail) so to set the return address. The return delivery is only accepted when adequately prepaid. Returns freight forward are not accepted. The right of return does not apply to goods with reduced price, to special sales as well as to special orders and to custom-made products.
6. Transfer of Risks
The transfer of risks to the customer is to take place upon dispatch by RAW Handel und Beratungs GmbH.
I. RAW Handel und Beratungs GmbH assumes warranty for the goods being sold to be free of material and fabrication defects and to hold the properties promised by contract at the moment of risk transfer.
II. The customer must examine the goods immediately after receipt with regard to defects and appearance.
III. In case of clear defects, those are to be reported at latest within 30 days after being detected in written form with RAW Handel und Beratungs GmbH respectively with the RAW trading partner who has issued the invoice. Otherwise, the warranty for these defects does not apply. The statutory warranty applies. For complaints, the date of purchase is to be proven by means of an invoice. The product being the object of the complaint is to be sent together with a copy of the invoice or the delivery receipt. Prior to the return, the customer is to contact RAW Handel und Beratungs GmbH respectively the RAW trading partner who has issued the invoice in written form (e-mail, facsimile, mail) so to set the return address. The return delivery is only accepted when adequately prepaid. Returns freight forward are not accepted. The warranty does not apply to normal wear and tear. The warranty expires in case the customer makes modifications of the product. During the period of warranty, RAW Handel und Beratungs GmbH has the right to rectification of defects free of charge. It is admissible to replace the article in parts or as a whole. In case defects are not rectified within an appropriate period, the customer has the right to redhibitory action or abatement. Section 476a of the German Civil Code (BGB) is to apply. The warranty applies to the products and excludes any other kind of warranty.
8. Reservation of Title
We expressly contract solely on the basis of our General Terms and Conditions. Our General Terms and Conditions may be viewed, retrieved, saved and printed out on the Internet on our website www.raw-international.com, under "AGB" ("GTC"). General Terms and Conditions of our business partners only apply as far as we expressly have agreed to those. As far as our contractual partner is a businessman or a company, our General Terms and Conditions apply likewise for all future business between us and our contractual partner.
I. Until completed payment of all claims resulting from the business relationship, the goods delivered remain property of RAW Handel und Beratungs GmbH or of the RAW trading partner who has issued the invoice. In case of resale of the goods, the purchaser transfers the title to RAW Handel und Beratungs GmbH or to the RAW trading partner who has issued the invoice by then already. The purchaser is obliged to inform the customer on demand about the transfer by writ. As the case may be, the purchaser is likewise to reserve the title of the goods for RAW Handel und Beratungs GmbH or the RAW trading partner who has issued the invoice concerning his customer by means of the extended reservation of title. In case the goods under reservation of title are distrained, the purchaser is to comprehensively inform RAW Handel und Beratungs GmbH or the RAW trading partner who has issued the invoice and the third party about the rights and to provide RAW Handel und Beratungs GmbH or the RAW trading partner who has issued the invoice with the documents needed for an intervention promptly. The costs amounting to RAW Handel und Beratungs GmbH or the RAW trading partner who has issued the invoice for the intervention are at the expense of the purchaser.
II. RAW Handel und Beratungs GmbH or the RAW trading partner who has issued the invoice is entitled to take back the goods in case the customer acts contrary to contract. Taking back the goods does not represent a cancellation of contract unless explicitly declared by writ. In case the customer is in delay of payment, RAW Handel und Beratungs GmbH or the RAW trading partner who has issued the invoice can charge default interest amounting to 8% p.a. above the base interest rate (section 288 subsection II of the German Civil Code [BGB]).
III. The customer is obliged to carefully handle the goods as long as the title has not yet been transferred to him. In particular, the customer is obliged to take out sufficient insurance for the goods at replacement value against theft, fire and water damages at his own expense. In case maintenance or inspection works are to be done, the customer is to do them at his own expense in due time. As long as the title still remains with RAW Handel und Beratungs GmbH or the RAW trading partner who has issued the invoice, the customer is to promptly inform those in written form if the object delivered is being subject to distraint or to any further interventions by a third party.
IV. The customer is entitled to resell the goods under reservation within customary business. The claims concerning the goods under reservation on the part of the consumer of the resale are being assigned by the customer amounting to the grand total of invoice (including VAT) to RAW Handel und Beratungs GmbH or the RAW trading partner who has issued the invoice, by now already. This assignment is valid irrespective of the goods being resold without or after processing. The customer remains entitled to collect the outstanding claim even after the assignment. The authorization on the part of RAW Handel und Beratungs GmbH or the RAW trading partner who has issued the invoice to collect the claim on its own remains unaffected. However, RAW Handel und Beratungs GmbH or the RAW trading partner who has issued the invoice shall not collect the claim as long as the customer fulfils his payment obligations from the revenues acquired, is not in delay of payment, and particularly as long as no petition to institute insolvency proceedings has been filed respectively there is no cessation of payment.
V. The processing or alteration of the goods by the customer is always done for RAW Handel und Beratungs GmbH or the RAW trading partner who has issued the invoice. In this case, the remainder of the customer is to continue with regard to the goods / the altered object. In case the goods are processed with other objects which are no property of RAW Handel und Beratungs GmbH or the RAW trading partner who has issued the invoice, the latter acquires co-ownership of the new object in relation of the objective value of the goods to the other processed objects at the time of processing. The same is valid for the case of mixture. Provided the mixture is composed in such a manner, that the object belonging to the customer is considered as main component, it is agreed that the customer transfers proportionate co-ownership to RAW Handel und Beratungs GmbH or the RAW trading partner who has issued the invoice, and consequently stores the sole or joint ownership that has come into being for RAW Handel und Beratungs GmbH or the RAW trading partner who has issued the invoice.
9. Data Storage
Pursuant to section 28 of the German Federal Data Protection Act (BDSG), RAW Handel und Beratungs GmbH adverts to the processing and storage of data needed in the scope of business by means of an electronic data processing system according to section 33 (BDSG). Personal data are kept in confidence. Data are only communicated in the course of order processing to the companies respectively charged with processing, delivery and / or accounting.
10. Evidence and Force Majeure
I. Insofar as data have been stored electronically with RAW Handel und Beratungs GmbH or the RAW trading partner who has issued the invoice, those are valid as admissible evidence to prove contractual agreements, data forwarding and payments effected.
II. In case RAW Handel und Beratungs GmbH cannot render the service owed for reasons of force majeure (such as war or natural disasters), RAW Handel und Beratungs GmbH is exempt from the obligation to service as long as the impediment persist. In case the execution of the order is impossible for RAW Handel und Beratungs GmbH due to force majeure for a period longer than one month, the customer is entitled to cancellation of the contract. Furthermore, the customer is not entitled to any other rights.
11. Indemnity Clause Electrical and Electronic Equipment Act (ElektroGesetz)
All electrical appliances and electronic attachments delivered by RAW Handel und Beratungs GmbH are in full extent subject to the German Electrical and Electronic Equipment Act (ElektroG [RoHS-directive 2011/65/EU, WEEE-directive 2012/19/EU]). Due to the take-back obligation as to waste electrical and electronic equipment resulting thereof, the following is stipulated:
I. The customer takes on the obligation to dispose properly the delivered goods after termination of use at his own expense in accordance with the statutory provisions.
The customer releases the supplier from the obligations pursuant to section 19 subsection 1 of the German Electrical and Electronic Equipment Act (ElektroG) (manufacturer’s take back obligation) and from claims on the part of third parties related therewith.
II. The customer is to commit by contract any commercial third party to which he passes the goods delivered to dispose these goods properly after termination of use at their own expense in accordance with the statutory provisions and, in case of passing on the goods anew, to impose a respective future obligation.
In case the customer fails to commit by contract a third party to which he passes the delivered goods to take on the obligation of disposal, the customer is obliged to take back the delivered goods after termination of use at his own expense and to dispose them properly in accordance with the statutory provisions.
12. Final Provisions
I. March-Neuershausen is the place of fulfilment unless otherwise stipulated or compulsory statutory provisions oppose. Freiburg i.Br. is to be the court of jurisdiction for any litigation. The law of the Federal Republic of Germany applies solely. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded, for cross-border trade, as well.
II. In case one or several provisions of these GTC are ineffective, this fact does not result in the ineffectiveness of the complete contract. The ineffective respectively the incomplete provision is to be replaced by the provision serving best the purpose intended.
III. Copies, reprints or reprographies (in extract, as well) of these GTC in any way are only admissible provided the approval of RAW Handel und Beratungs GmbH.
Updated August 2017
For Ebay purchases, please note the Terms and Conditions as well as the information on the right to withdraw from the contract specified there.