General terms and conditions of business

Delivery and payment terms

§1 Formation of the contract

1. The prices quoted are final prices in € = Euro per piece

2. Our offers are non-binding (subject to change).

All orders require written confirmation from us. The purchase agreement is only concluded upon this confirmation. Delivery of the goods with a delivery note and/or invoice, or the dispatch of an order confirmation by mail or fax, constitutes confirmation. The automatically sent email is merely an acknowledgment of receipt of your order and not a confirmation of the purchase agreement.

3. Oral, telephone and telegraphic agreements are only binding if they are subsequently confirmed in writing.

§2 Acceptance of Goods

1. The buyer shall bear the costs of acceptance and shipping of the goods. We reserve the right to choose the shipping route and method unless expressly agreed otherwise.

2. Insurance for the goods, for example transport insurance, is at the buyer's expense.

3. Transfer of risk: The risk passes to the buyer upon dispatch of the goods by the company Der RC Bruder, owner Kerstin Kruse.

§3 Delivery and Delivery Time

1. We are entitled to make partial deliveries. Items that are currently unavailable will, unless expressly agreed otherwise, be delivered at our discretion, either together with later orders or separately, provided they become available.

§4 Force Majeure

1. If events occur that prevent us from delivering but are beyond our control, the delivery period will be extended until the impediment no longer exists.

2. If the impediment lasts longer than 6 months, the buyer is entitled to withdraw from the contract; claims for damages are excluded. 3. Clause 1 also applies in the event of strikes, raw material shortages, or other operational disruptions that unreasonably hinder our delivery.

§5 Purchase prices and ancillary costs

1. Our prices are based on the current price list. The prices applicable on the day of delivery, including statutory VAT, will be used for calculation.

2. Postage and packaging are charged at a flat rate based on cost. Packaging is non-returnable; disposal of the packaging by the buyer is included in the flat rate. Standard shipping within Germany is via insured DHL parcel. Shipping costs to EU/international countries: We generally ship with insurance, and only uninsured shipping is available upon special request and at the recipient's own risk. The stated costs are surcharges on DHL's base shipping price and vary depending on the recipient's country.

3. In accordance with the currently valid price list, we specify order amount limits for free delivery (freight and packaging free), as well as minimum order surcharges, express surcharges, quantity discounts and tiered pricing.

§6 Payment of the purchase price

1. Unless expressly agreed otherwise, payments are due immediately net without deduction. We are not obligated to accept bills of exchange or checks as payment. If accepted, acceptance is only on account of payment. Deposit and discount charges, as well as any applicable exchange tax, are borne by the buyer. These costs will be invoiced to the buyer separately and are due immediately.

2. Repair services are payable immediately without deduction.

§7 Warranty and Compensation

1. The goods must be inspected immediately upon arrival at the destination. Failure to inspect them will void any warranty claims for defects in the goods.

2. The condition of the goods shall be deemed approved if a notice of defects is not received by us within 8 days of the goods arriving at the destination.

3. If the goods are defective, we may, at our discretion, either repair or replace them. If the repair fails or the replacement is defective, the buyer is entitled to demand a price reduction or to cancel the contract.

4. We can only claim compensation from the insurer for damage incurred during transport if you have prepared a report of the facts with the cooperation of the carrier and sent it to us along with the original shipping documents.

5. Claims for damages are excluded unless we are guilty of intent or gross negligence. Damages will only be compensated to the extent that they occurred to the delivered item itself.

6. Technical specifications - Individual weights

Technical specifications are provided by us to the best of our knowledge and belief. However, we cannot be held liable for any incorrect information provided by our suppliers.

7. Liability for our products

We cannot be held liable for consequential damages arising from the operation of and with our products, as we cannot monitor their proper use and operation.

§8 Retention of Title

1. We deliver subject to retention of title. The delivered goods remain our property until the purchase price has been paid in full.

2. The buyer's direct debit authorization expires without our express declaration if the buyer ceases making payments.

3. Any seizure or attachment of the goods subject to retention of title must be reported to us immediately; our intervention costs shall be borne by the buyer.

4. The buyer must carefully store the goods and insure them adequately against all risks (e.g., theft and fire) at his own expense.

Explanations and additions

1. Prices: The prices listed in our online price list are gross prices including VAT. These prices apply exclusively to online orders. Prices are subject to change without notice. Errors and omissions excepted.

2. Payment of the purchase price: Shipping only takes place after prepayment and only after the invoice amount has been definitively credited to our account. We categorically refuse payment on account.

Return of goods

1. The return of goods in perfect condition and in perfect packaging is generally possible at any time.

2. According to the Distance Selling Act, you have an unconditional right to return the ordered items within 14 days. The decisive factors are the invoice date of delivery and the date your return is received by post. Returns after this period require our written consent (including via email). In individual cases, verbal consent is also sufficient.

3. The goods must be returned free of charge to Der-RC-Bruder, owner Kerstin Kruse.

4. The original invoice or a clearly legible copy of the original invoice must be enclosed with the return shipment.

5.1. The purchase price will be refunded upon return of the goods within 14 days and provided the goods are in perfect condition, in the amount of the value of the goods as stated in the original invoice.

5.2. If the goods are returned after the 14-day period or if they are not in a defect-free condition, the refund will be less any repair and/or restocking costs amounting to at least 10% of the value of the goods or at least €10.

5.3. Refunds are always issued excluding shipping costs. We reserve the right to choose the method of refund. Regarding transport damage: Please refer to the general insurance terms and conditions for transport damage. Otherwise, legitimate claims may have to be rejected. The above terms and conditions apply exclusively to Der-RC-Bruder. If individual clauses or parts of clauses of these terms and conditions are invalid, all other clauses remain valid.

5.4 Place of performance and jurisdiction

The place of performance for delivery, payments and the place of jurisdiction is Kiel.

Disclaimer

Source: eRecht24.de - Internet law by lawyer Sören Siebert

Liability for content

The content of our pages has been created with the utmost care. However, we cannot guarantee the accuracy, completeness, or timeliness of the content.

As a service provider, we are responsible for our own content on these pages in accordance with Section 7 Paragraph 1 of the German Telemedia Act (TMG). However, according to Sections 8 to 10 of the TMG, we are not obligated as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under general law remain unaffected. However, liability in this respect is only possible from the point at which we become aware of a specific legal infringement. Upon becoming aware of such legal infringements, we will remove this content immediately.

Liability for links

Our website contains links to external websites of third parties, over whose content we have no control. Therefore, we cannot assume any liability for this external content. The respective provider or operator of the linked pages is always responsible for their content. The linked pages were checked for possible legal violations at the time the links were created. Illegal content was not identified at the time the links were created. However, continuous monitoring of the content of linked pages is not reasonable without concrete evidence of a legal violation. If we become aware of any legal violations, we will remove such links immediately.

The content and works created by the website operators on these pages are subject to German copyright law. Contributions from third parties are marked as such. Reproduction, processing, distribution, and any form of exploitation beyond the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this page are permitted only for private, non-commercial use.

The operators of these pages strive to always respect the copyrights of others or to use self-created and license-free works.

Data protection

Where personal data (such as name, address, or email addresses) is collected on our website, this is always done on a voluntary basis, where possible. The use of our offers and services is, where possible, always possible without providing personal data.

Please note that data transmission over the internet (e.g., when communicating via email) can have security vulnerabilities. Complete protection of data against access by third parties is not possible.

The use of contact details published as part of the legal notice by third parties for sending unsolicited advertising and informational materials is hereby expressly prohibited. The operators of these pages expressly reserve the right to take legal action in the event of unsolicited advertising, such as spam emails.

Privacy Policy Unless otherwise stated below, the provision of your personal data is neither legally nor contractually required, nor is it necessary for entering into a contract. You are not obligated to provide the data. Failure to provide it will have no consequences. This only applies insofar as no other information is provided in the following processing operations. "Personal data" means any information relating to an identified or identifiable natural person. Server log files You can visit our website without providing any personal information. Each time you access our website, usage data is transmitted by your internet browser and stored in log files (server log files). This stored data includes, for example, the name of the page accessed, the date and time of access, the amount of data transferred, and the requesting provider. This data is used exclusively to ensure the smooth operation of our website and to improve our services. It is not possible to associate this data with a specific person. Collection and Processing When Using the Contact Form: When you use the contact form, we collect your personal data (name, email address, message text) only to the extent that you provide it. The data is processed for the purpose of contacting you. By submitting your message, you consent to the processing of the transmitted data. Processing is based on Article 6(1)(a) GDPR with your consent. You can revoke your consent at any time by notifying us, without affecting the lawfulness of processing based on consent before its withdrawal. We use your email address only to process your request. Your data will then be deleted unless you have consented to further processing and use. Customer Account: When you open a customer account, we collect your personal data to the extent specified there. Data processing serves the purpose of improving your shopping experience and simplifying order processing. Processing is based on Article 6(1)(a) GDPR with your consent. You can revoke your consent at any time by notifying us, without affecting the lawfulness of processing based on consent before its withdrawal. Your customer account will then be deleted.

Collection, processing, use, and handling of personal data for orders: When you place an order, we collect and use your personal data only to the extent necessary to fulfill and process your order and to handle your inquiries. Providing this data is necessary for entering into a contract. Failure to provide this data will result in the contract not being concluded. Processing is based on Article 6(1)(b) GDPR and is necessary for the performance of a contract with you. Your data will not be disclosed to third parties without your explicit consent. Exceptions to this are our service partners, whom we require for the execution of the contractual relationship, and service providers whom we use for order processing. In addition to the recipients named in the respective clauses of this privacy policy, these include, for example, recipients in the following categories: shipping providers, payment service providers, merchandise management service providers, order processing service providers, web hosts, IT service providers, and dropshipping merchants. In all cases, we strictly adhere to legal requirements. The scope of data transfer is limited to the minimum necessary.

Use of PayPal: All PayPal transactions are subject to the PayPal Privacy Statement. You can find this at https://www.paypal.com/de/webapps/mpp/ua/privacy-prev?locale.x=de_DE. Storage period: After complete contract fulfillment, the data will initially be stored for the duration of the warranty period, then taking into account legal, in particular tax and commercial law retention periods, and then deleted after the expiry of these periods, unless you have consented to further processing and use. Rights of the data subject: If the legal requirements are met, you have the following rights under Articles 15 to 20 GDPR: the right to information, to rectification, to erasure, to restriction of processing, and to data portability. Furthermore, under Article 21(1) GDPR, you have the right to object to processing based on Article 6(1)(f) GDPR, as well as to processing for direct marketing purposes. Please contact us if you wish. You can find our contact details in our legal notice. Right to lodge a complaint with a supervisory authority: Pursuant to Article 77 of the GDPR, you have the right to lodge a complaint with a supervisory authority if you believe that the processing of your personal data is unlawful. Last updated: August 28, 2023

Cancellation policy

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 one or more goods in a single order and these are delivered together; - if you have ordered multiple goods in a single order and these are delivered separately, you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good; - if you have ordered goods which are delivered in multiple shipments or pieces, you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece. To exercise your right of withdrawal, you must inform us

The RC Brother, owned by Kerstin Kruse, Redderkoppel 7, 24159 Kiel or

mail@der-rc-bruder.de

You must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but this is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal: If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs arising from your choice of a delivery method other than our cheapest standard delivery option), without undue delay and at the latest within fourteen days from the day on which we receive your notification of withdrawal from this contract. For this reimbursement, we will use the same means of payment 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 withhold 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 us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods if this diminished value is due to handling of the goods that was not necessary for testing their condition, properties, and functionality.

Exclusions and grounds for expiry: The right of withdrawal does not apply to contracts for: - the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer; - the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded; - the supply of alcoholic beverages whose price was agreed upon at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no influence; - the supply of newspapers, periodicals or magazines with the exception of subscription contracts. The right of withdrawal expires prematurely in the case of contracts for: - the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery; - the supply of goods if, after delivery, they have been inseparably mixed with other goods due to their nature. - for the supply of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

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Cancellation form

If you wish to cancel the contract, please fill out the form below.

Fill out this form and send it back.

Recipient:

The RC brother

Owner: Kerstin Kruse

Lifeguard Couple 7

24159 How

mail@der-rc-bruder.de

I hereby revoke the contract I concluded concerning

the purchase of the following goods:

Total price of goods (Euro):

Ordered on (date):

Received on (date):

Sender:

first name Name

Address