General Terms and Conditions

1. Scope of application / definitions
1.1. These General Terms and Conditions (“GTC”) govern the contractual relationship between Rebty Ultimoda Stefan Rauer (“we”, “us”) and you as a user of our online store under the domain rebty.de. You can call up the currently valid GTC at any time via the corresponding link on repty. These GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
1.2. All deliveries, services and offers on rebty.de are made exclusively on the basis of these GTC. Terms and conditions of the user that deviate from these GTC shall not apply if they have not been expressly confirmed by us in writing.
1.3 The customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

2. Conclusion of contract
2.1. The presentation of goods on rebty.de does not constitute a binding offer to conclude a purchase contract, but merely a non-binding invitation to you to order goods on rebty.de. The offer on rebty.de is aimed exclusively at users of legal age.
2.2. The goods you have selected for purchase are first collected in a virtual shopping cart. After entering your payment and shipping information, by clicking on the “Buy now” button you submit a binding offer to us to conclude a purchase contract for the goods in the shopping cart. Before doing so, you have the opportunity to check your details and correct or supplement them if necessary. However, the application can only be submitted and transmitted if you have accepted these terms and conditions by clicking on the “Accept terms and conditions” button and thereby included them in your application.
2.3. After you have clicked on the “Buy now” button, we will immediately confirm receipt of your order by e-mail to the e-mail address you have previously provided (confirmation e-mail). Such a confirmation e-mail does not constitute a binding acceptance of the order unless we also declare acceptance of the order in addition to confirming receipt.
2.4. The purchase contract between you and us is concluded when we accept your offer within two weeks of receipt of your order by means of an express declaration by e-mail (declaration of acceptance). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, GTC and order confirmation) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations. The purchase contract is only concluded upon receipt of this declaration of acceptance. The dispatch of the goods ordered by you and the confirmation of dispatch to the delivery address specified by you are equivalent to our express declaration of acceptance. The contract is concluded in German.
2.5. If it is not possible for us to deliver the goods you have ordered, for example because the goods in question are no longer in stock or are damaged, we will refrain from issuing a declaration of acceptance. In this case, the purchase contract with us is not concluded. We will inform you immediately by e-mail and, if necessary, refund any payments already received without delay.
2.6. If the product designated by you in the order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.
2.7. We do not provide for separate storage of the contract text. The content of the purchase contract concluded with us results in each case from the confirmation e-mail and the declaration of acceptance as well as these GTC.

3. terms of delivery and reservation of advance payment
3.1. We are entitled to make partial deliveries insofar as this is reasonable for you.
3.2. Unless otherwise stated on rebty.de, delivery will be made to the delivery address specified by you within 1-5 working days at the latest after the payment order has been issued to your bank (in the case of prepayment) or after conclusion of the contract. For deliveries to a country outside the EU, the delivery time is up to 8 working days.
3.3. If you wish to ship to a country outside the European Union (so-called “third country”), customs duties and other taxes may be incurred as soon as the purchased goods have reached the country of delivery. We have no influence on this.
For orders to a so-called third country, please check in advance whether these costs are to be borne by you (i.e. the delivery is made on a so-called DDU basis; DDU = Delivery Duty Unpaid).
If, in the case of delivery on a DDU basis, you do not pay any import sales tax, customs duties and other taxes, we reserve the right to charge you for the additional costs incurred by us as a result.
In addition, we recommend that you obtain information about possible customs duties or taxes from the responsible office in the respective third country for every delivery to a third country.
3.4. In the case of orders from users whose place of residence or business is outside Germany or where there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of payment plus any shipping costs incurred (reservation of prepayment). If we make use of this reservation of prepayment, we will inform you immediately. In this case, the delivery period pursuant to Section 3.2 shall commence upon payment of the purchase price and, if applicable, the shipping costs.

4. prices and shipping costs
4.1. All prices quoted on rebty.de are inclusive of VAT and plus shipping costs for shipping to a country within the European Union (excluding shipping within Germany, where no additional shipping costs are incurred). If the country of delivery is not a member state of the European Union (so-called “third country”), customs duties and other taxes may be levied. Please clarify this in advance with the office responsible for your country.
4.2. The amount of any shipping costs incurred depends on the delivery region and can be viewed at any time at www.rebty.de Shipping conditions. The purchase price, including information on VAT and the available shipping methods and their costs, will also be displayed in the “Order details / delivery address” step of the ordering process before you place the order.
4.3. If we have received your order in accordance with section 3.1. by partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
4.4. If you effectively revoke your contractual declaration by exercising your statutory right of revocation in accordance with Section 6.1. If you cancel your order, you can demand reimbursement of any shipping costs already paid under the conditions specified by us.
4.5 The goods shall be dispatched by post. We only bear the shipping risk if you are a consumer.

5 Terms of payment, payment with vouchers, offsetting and right of retention
5.1. We offer you various payment options for the payment of purchases of goods (e.g. advance bank transfer, PayPal, payment by credit card or cash on delivery), although there is no claim that you will always be offered all or certain payment methods. If payment is processed via an external payment system provider (e.g. PayPal), the terms and conditions of use and business of the respective payment system provider apply exclusively to payment processing. Payment is due 5 days after the invoice date. A direct debit authorization is also valid for further orders until revoked.
5.2. If you are in possession of a valid rebty.de voucher (e.g. gift voucher, promotional voucher), you can use this, subject to special voucher-specific redemption conditions, in accordance with the following voucher conditions to pay for purchases of goods on rebty.de:
– To redeem a voucher, the voucher code must be entered in the corresponding field during the ordering process on rebty.de and then confirmed by clicking on the “Go” button. It is not possible to redeem a voucher retroactively after the order has been sent.
– If the order value exceeds the voucher value, you must also select one of the payment methods offered to you in accordance with section 5.1 to pay the difference.
– If a validity period is noted on the voucher, the voucher can only be redeemed within this validity period.
– A cash payment of the voucher value is not possible.
– The following applies to gift vouchers: The voucher can be used to pay for all goods presented on rebty.de and other fee-based offers. The voucher value will be deducted from the order value. If the order value is lower than the voucher value, you can use the voucher again for your next purchases until the voucher value has been used up completely. If you revoke the purchase contract for an order paid for in full with the voucher, we will restore the value of the voucher to the amount of the purchase price of the goods in question. If you have paid a difference to pay for the order, the difference paid will be refunded to you first. The voucher can only be redeemed by the recipient specified in the voucher purchase.
– For promotional vouchers: Promotional vouchers can only be used once, are non-transferable and can only be applied to the value of an order, not to shipping or other costs. We alone decide on the issue of promotional vouchers. There is no entitlement to a voucher.
In addition, payment with vouchers may be subject to our respective voucher or promotion conditions, which will be communicated to you as part of the voucher purchase or promotion. If and to the extent that the respective voucher terms and conditions deviate from these GTC, the voucher terms and conditions shall take precedence over the provisions of these GTC.
5.3. You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed or if they are complaints or counterclaims arising from the same purchase contract.
5.4. You may only exercise a right of retention against us if your counterclaim arises from the same purchase contract.

6. right of withdrawal
6.1. If you acted as a consumer when concluding the purchase contract between you and us, you are entitled to the following statutory right of withdrawal:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise the right to cancel, you must inform us (Rebty Ultimoda Stefan Rauer, Lindwurmstr 75, 80337 München; Phone: +49 89 55275233, E-Mail: info@rebty.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may refuse to refund you until we have received the goods back or you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay 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 checking their condition, properties and functionality.
You can find the sample withdrawal form here.
6.2. The above right of revocation exists in accordance with § 312g para. 2 BGB does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs or which are not suitable for return due to their nature.
6.3. The direct costs of the return shipment are to be borne by you in the event of revocation.

7. reservation of title
The delivered goods remain our property until the purchase price has been paid in full.

8. warranty
8.1. We shall be liable for material defects or defects of title of delivered goods in accordance with the applicable statutory provisions, in particular in accordance with §§ 434 ff. BGB (GERMAN CIVIL CODE). The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
8.2. Any seller’s warranties given by us for certain goods or manufacturer’s warranties granted by the manufacturers of certain goods shall apply in addition to the claims for material defects or defects of title within the meaning of Section 8.1. Details of the scope of such warranties are set out in the warranty conditions which may accompany the goods.

9. liability
9.1 Claims for damages on your part are excluded. Excluded from this are claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us or our legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
9.2 In the event of a breach of essential contractual obligations, we shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it concerns claims for damages on your part arising from injury to life, limb or health.
9.3 The restrictions of para. 1 and 2 shall also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
9.4 The rights arising from para. 1 and 2 shall not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same applies if we have reached an agreement with you regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.

10. copyrights
Please note that the content on rebty.de, in particular images, logos, manufacturer information and texts, are generally protected by copyright and/or trademark law. Any use of this content that goes beyond the intended use of rebty.de may infringe our rights or the rights of third parties and result in legal consequences, such as injunctive relief and claims for damages.

11 Applicable law and place of jurisdiction
11.1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have concluded the purchase contract with us as a consumer, the mandatory consumer protection provisions applicable in the country in which you have your habitual residence shall also apply, insofar as they grant you further protection.
11.2. If you are a merchant, a legal entity under public law or a special fund under public law and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is our registered office, currently Munich. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
11.3. The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, where applicable. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

12. CONSUMER ADVICE WITHIN THE EU
The Commission of the European Union has set up an online platform (“ODR platform”) for the out-of-court settlement of consumer disputes, to which you can turn for out-of-court dispute resolution. You can find the platform at “http://ec.europa.eu/consumers/odr/”. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Status: July 2023, Rebty at Ultimoda Stefan Rauer