General terms and conditions
§ 1 Basic terms
(1) The following terms and conditions apply to all contracts between Christiane Mader as owner of Rescuesheets, Schenkendorfstr. 4, D-65187 Wiesbaden – hereinafter referred to as the provider – and the customer that are concluded via the provider’s website rescue sheets.com. Unless otherwise agreed, the inclusion of any terms stipulated by the customer will be vetoed.
(2) In the following regulations, a consumer is any natural person who enters into a legal transaction for a purpose that is outside their trade, business or profession. An entrepreneur is any natural person or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of their or its trade, business or profession.
(3) The language of the contract is German. The contract text will not be saved by the provider in full. Before submitting the order via the online shopping basket system, the customer can print out the contract details using their browser’s print function or save them electronically. Once the provider has received the order, the order details, the information that is legally required in the case of distance selling contracts, and the General Terms and Conditions will be sent to the customer again by e-mail.
When the provider receives a quote request by phone or e-mail, the customer is sent all the contract details in text form as part of a binding quote (e.g. by e-mail), which the customer can print out or save electronically.
§ 2 Subject of the contract
(1) The subject of the contract is the sale of products. The details of a product, in particular its main features, can be found in the item description and accompanying information on the relevant page of the provider’s website.
§ 3 Concluding the contract
(1) The provider’s product profiles on the Internet are not binding and do not constitute a binding quote that has to be used if a contract is concluded.
(2) The customer can submit a binding offer to buy (order) using the online the shopping basket system.
Here, the products being purchased are put in the shopping basket. The customer can access the shopping basket and make changes to it at any time by clicking on the relevant button on the navigation bar. Once the “Checkout” page has been called up, the customer’s details have been entered and the payment and shipping terms viewed, all the details of the order will be displayed on an order overview page.
Before submitting the order, the customer is given the opportunity to check all the details again here and can amend them if necessary (including by clicking on their web browser’s “Back” button). They can also cancel the order here if they wish.
When they click on the “Purchase” button, the customer will be submitting a binding offer to the provider.
The customer will then receive an automatic e-mail acknowledging receipt of their order. This does not yet constitute the conclusion of a contract, however.
(3) Acceptance of the offer (and therefore the conclusion of the contract) will occur within two days in the form of a confirmation in text form (sent by e-mail, for example) to the customer. This will confirm the details of the order or delivery of the product(s) (order confirmation).
If the customer does not receive such a message within two days, they are no longer bound to their order. The cost of any services that have already been rendered will be reimbursed in this case.
(4) Any requests regarding the purchase of products that customers send by phone or e-mail without using the online shopping basket system are not binding for the customer. The provider will respond by sending the customer a binding quote in text form (by e-mail, for example) that the customer has five days to accept.
(5) The order will be handled by e-mail, and all the necessary information connected to the conclusion of the contract will also be sent by e-mail. Some of these e-mails will be generated automatically. The customer therefore has to ensure that the e-mail address they have given to the provider is correct and that e-mails from the provider will be received into their inbox. In particular, they must ensure that these e-mails will not be blocked by a spam filter.
§ 4 Prices and shipping costs
The prices stated in quotes and shipping costs are final prices. They take into account all the price components, including any taxes that are due.
If the delivery is being shipped to a country outside the EU, other customs duties, taxes and/or fees may have to be paid by the customer as well. These will not have to be paid to the provider, however, but to the customs and/or tax authorities responsible in the respective country. The customer is advised to ask the relevant customs and/or tax authorities for details here before placing their order.
Any shipping costs for the order are not included in the purchase price. They can be viewed on the “Shipping and Payment” page, are shown separately during the order process and must be paid by the customer in addition to the purchase price, providing the order is not eligible for free delivery.
Unless otherwise stated under the different payment methods, the payment arising from the concluded contract must be made immediately. Payments can be made via PayPal or Sepa Bank Transfer.
Sepa Bank Transfer
Payment can be made as a Sepa bank transfer to
Christiane Mader
IBAN DE48 6723 0000 4010 5250 80
BIC: MLPBDE61
The order number must be stated in the bank transfer!
§ 5
§ 6 Return costs when the right to cancel is exercised
If the legal right to cancel, which is available to consumers in the case of distance selling contracts, is exercised, unless the product delivered is not the product that was ordered, the customer has to pay the standard cost of returning the product if the price of the item being sent back does not amount to more than 40 euros or if the price of the item does amount to more than 40 euros but the customer has not yet paid the consideration or a contractually agreed partial payment at the time of the cancellation. In all other cases, the provider will pay the cost of returning the product.
§ 7 Right of retention and reservation of ownership
(1) The customer may only exercise a right of retention with regard to claims arising from the same contractual relationship.
(2) The product remains the property of the provider until the purchase price has been paid in full.
§ 8 Liability
(1) The provider is liable to an unlimited extent for damage arising from injury to life, body or health, in all cases of intent and gross negligence, if a defect has been fraudulently concealed, if a guarantee for the qualities of the purchased object has been given, for damage according to the German Product Liability Act and in all other legally regulated cases.
(2) If essential contractual obligations have been affected, the liability of the provider will be limited to foreseeable damages typical of the contract in the event of ordinary negligence. Essential contractual obligations are essential obligations arising from the nature of the contract that would put the purpose of the contract in danger of not being achieved if they were to be breached; they are also obligations that the content of the contract imposes on the provider so that the purpose of the contract can be achieved, their fulfilment being what makes it possible for the contract to be executed properly in the first place, and the customer is usually able to trust that they will be observed.
(3) If an inessential contractual obligation is breached, liability will be ruled out in the event of a breach caused by ordinary negligence.
(4) The current state of the art means it is impossible to guarantee data communication over the Internet at all times and to guarantee that this communication will be perfect. The provider is therefore not liable for either the constant availability of the website or the service offered there.
§ 9 Choice of law, place of performance and place of jurisdiction
(1) The contract being concluded is subject to German law. For consumers, this choice of law only applies if it does not withdraw the protection provided by mandatory provisions of the law of the state in which the consumer normally resides (Günstigkeitsprinzip – benefit of the doubt principle).
(2) The place of performance for all services arising from the current business relationship with the provider and the place of jurisdiction is the provider’s registered office, providing the customer is not a consumer, but a merchant, a legal person under public law or a special asset under public law. This also applies if the customer has no general place of jurisdiction in German or the EU, or if the customer’s domicile or usual place of residence is unknown at the time legal action commences. This does not affect the authority held to appeal to the court of another place of jurisdiction.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods expressly do not apply.