Terms and Conditions

General Terms and Conditions

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§ 1 General

(1) These terms and conditions apply to all contracts, deliveries and other services of Ernst Rung AG, Siedlungsstraße 4, 76863 Herxheim, concerning the online ordering option at www.fertigteig.de and all sub-domains belonging to the domain. Deviating provisions of the customers do not apply, unless Ernst Rung AG has confirmed this in writing. Individual agreements between Ernst Rung AG and the customers always take precedence.

(2) The business relations between Ernst Rung AG and the customers are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(3) The contract language is German.

(4) The place of jurisdiction is Landau in der Pfalz, insofar as the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies if a customer has no general place of jurisdiction in Germany or if the domicile or habitual residence is not known at the time the action is filed.

(5) We only deliver within the EU and to Switzerland.

§ 2 Conclusion of Contract, Storage of the Contract Text

(1) In the event of a contract being concluded, the contract is with

Ernst Rung AG
Siedlungsstraße 4
76863 Herxheim
Registration number: HRB 30292
Registry Court: Amtsgericht Landau in der Pfalz

comes into being.

(2) The presentation of goods on the Ernst Rung AG website does not constitute a legally binding contractual offer by Ernst Rung AG, but merely a non-binding invitation to the customer to order goods. By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract.
The offer is accepted by Ernst Rung AG by sending the ordered goods within 4 working days. After the fruitless expiry of this period, the offer is deemed to have been rejected.

(3) The order is placed in the following steps:

1) Selection of the desired goods
2) Entry of contact details
3) Option to review and correct the entered data
4) Binding submission of the order by clicking the "order with obligation to pay" button.

(4) For security reasons, your order data is no longer accessible via the Internet; the contract text can no longer be viewed after the order has been placed.

§ 3 Prices, Shipping Costs, VAT and Payment

(1) For orders placed via the Ernst Rung AG website, the prices stated there apply. All prices include the statutory value-added tax.

(2) The prices are exclusive of shipping and packaging costs, which will be communicated to the customer before placing the order.

(3) Unless otherwise agreed, the seller delivers to customers according to the customer's wishes using the following payment methods: advance payment (by bank transfer), cash on delivery, or direct debit. If the customer chooses advance payment by bank transfer, payment is due immediately after conclusion of the contract. If payment is made cash on delivery, the purchase price plus shipping costs and cash on delivery fees are due upon delivery and presentation of the cash on delivery slip by the commissioned transport company.

§ 4 Delivery, Return and Transfer of Risk

(1) Unless otherwise agreed in the contract, ordered goods will be delivered to the address provided by the customer.

(2) For legal reasons, a return of food and food packaging is unfortunately not possible. 

(3) Unless otherwise stated in the product description, all items offered by Ernst Rung AG on its website are ready for immediate dispatch. In this case, delivery will take place within 5 working days at the latest. The period for delivery begins, in the case of payment in advance, on the day after the payment order is issued to the bank commissioned with the transfer, and for all other payment methods, on the day after the conclusion of the contract. If the end of the period falls on a Sunday or public holiday at the place of delivery, the period ends on the next working day.

(4) Ernst Rung AG reserves the right to make partial deliveries if this appears advantageous for a quick processing and the partial delivery is not unreasonable for the customer in exceptional cases. Additional costs incurred by partial deliveries will not be charged to the customer.

(5) If Ernst Rung AG is not responsible for a permanent delivery impediment, in particular force majeure or non-delivery by its own suppliers, although a corresponding covering transaction was made in good time, it has the right to withdraw from the contract in this respect. The customer will be informed immediately and received services, in particular payments, will be refunded.

(6) If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods passes to the customer upon handover, or in the case of dispatch, upon delivery of the goods to the selected service provider.

§ 5 Retention of Title

The delivered goods remain the property of Ernst Rung AG until all claims arising from the contract have been fulfilled.

§ 6 Right of Withdrawal

Right of Withdrawal for Consumers

Consumers have a right of withdrawal according to the following provisions. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

Instructions on 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 designated by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us, Ernst Rung AG
Siedlungsstraße 4
76863 Herxheim
Email: info@fertigteig.de

by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You can use the sample withdrawal form attached under § 7, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of Withdrawal

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 fourteen days from the day on which we are informed about your decision to withdraw from this contract. For this reimbursement, we will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no case will you be charged any fees for 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 shall send back or hand over the goods to us without undue delay and in any event not 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.
Exclusion or premature expiration of the right of withdrawal

The right of withdrawal does not apply to contracts for the supply of goods that are liable to deteriorate or expire rapidly (§ 312g para. 2 sentence 1 no. 2 BGB).

The right of withdrawal expires prematurely for contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery (§ 312g para. 2 sentence 1 no. 3 BGB).
End of the instruction on withdrawal

§ 7 Sample Withdrawal Form

Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back to us.)

To:
Ernst Rung AG
Siedlungsstraße 4
76863 Herxheim
Email: info@fertigteig.de
I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*).
Ordered on (*)/received on (*) ………………….
Name of the consumer(s) ………………………
Address of the consumer(s) ………………………
Signature of the consumer(s) (only for communication on paper) ………………………
Date ………………………
………………………
(*) Delete as appropriate.

§ 8 Warranty

The statutory warranty provisions apply.

§ 9 Complaints / Dispute Resolution

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at http://ec.eruropa.eu/odr.

As of 03/16