Terms & Conditions
General terms and conditions with customer information
Table of contents
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. terms of delivery and dispatch
6. duration of contract and termination of contract in the case of subscription contracts
7. retention of title
8. liability for defects (warranty)
9. redemption of promotional vouchers 10. redemption of gift vouchers 11. applicable law
12. alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter “GTC”) , trading as “Rüssels Landhaus” (hereinafter “Seller”), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
1.4 The subject matter of the contract may be – depending on the Seller’s product description – both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter “Subscription Contract”). In the case of a subscription contract, the seller undertakes to supply the customer with the contractually owed goods for the duration of the agreed contract term at the contractually owed time intervals..
2) Conclusion of contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The customer may submit the offer via the online order form integrated into the seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, e-mail or online contact form.
2.3 The seller may accept the customer’s offer within five days,
– by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
– by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
– by requesting payment from the customer after the customer has placed his order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer shall no longer be bound by his declaration of intent.
2.4 When an offer is made via the Seller’s online order form, the text of the contract is stored by the Seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent, together with these GTC. However, the text of the contract can no longer be retrieved by the customer via the seller’s website after the order has been sent.
2.5 Before bindingly placing an order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contacting usually take place by e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by it for order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description..
4.2 The payment option(s) will be notified to the customer in the seller’s online shop.
4.3 If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5) Terms of delivery and shipment
5.1 Delivery of goods shall be made by dispatch to the delivery address provided by the customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.
5.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer has caused the circumstance leading to the
impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. In the case of effective exercise of the right of withdrawal by the customer, the provision made in this respect in the seller’s instructions on withdrawal shall apply to the costs of return.
5.3 In the case of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. Upon receipt of this e-mail, the Customer may collect the goods from the Seller’s registered office by arrangement with the Seller. In this case, no shipping costs will be charged.
5.4 Vouchers will be given to the customer as follows:
– by download – by e-mail
– by post
6) Contract duration and contract termination for subscription contracts
6.1 The right to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
6.2 Terminations shall be in writing or in text form (e.g. by e-mail).
7) Retention of title
If the seller makes advance performance, he shall retain title to the goods delivered until the purchase price owed has been paid in full.
8) Liability for defects (warranty)
8.1 If the purchased item is defective, the provisions of the statutory
Liability for defects.
8.2 The Customer is requested to complain to the delivery agent about goods delivered with obvious transport damage and to inform the Seller of this. If the customer fails to do so, this shall not affect his statutory or contractual claims for defects.
9) Redemption of promotional vouchers
9.1 Vouchers issued by the Seller as part of promotions with a
determined period of validity are issued free of charge and are used by the customer
cannot be purchased (hereinafter “promotional vouchers”), can only be redeemed in the seller’s online shop and only during the specified period.
9.2 Promotional vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.
9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent settlement is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
9.8 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
9.10 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller’s online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of power of representation of the respective holder.
10) Redemption of gift vouchers
10.1 Gift vouchers that can be purchased via the Seller’s online shop (hereinafter “Gift Vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated in the Gift Voucher.
10.2 Gift Vouchers and remaining Gift Voucher balances are redeemable until the end of the third year following the year of purchase of the Gift Voucher. Remaining balances will be credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Multiple Gift Vouchers may be redeemed on the same order. 10.5 Gift Vouchers can only be used to purchase Goods and cannot be used to purchase additional Gift Vouchers.
10.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other methods of payment offered by the Seller may be chosen to pay the difference.
10.7 The balance of a Gift Voucher will not be paid out in cash or earn interest.
10.8 The Gift Voucher is transferable. The Seller may make payment with discharging effect to the relevant holder redeeming the Gift Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
11) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform on the Internet at the following link
Online dispute resolution ready: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Cancellation policy & Cancellation form
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed:
A. 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 has or has taken possession of the last goods.
To exercise your right of cancellation, you must send us.
Tel.: +49 6509 9140-0)
by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not compulsory..
To comply with the withdrawal period, it is sufficient for you to send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we must repay you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal 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; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier..
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 notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall 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 the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
1) Please avoid damage and contamination of the goods. Please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging.
2) Please do not return the goods to us freight collect.
3) Please note that the aforementioned paragraphs 1-2 are not prerequisites for the effective exercise of the right of withdrawal.
B. Cancellation Form
If you wish to cancel the contract, please complete and return this form.
Rüssel’s country house
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*) ____________ / received on (*) __________________
________________________________________________________ Name des/der Verbraucher(s)
________________________________________________________ Anschrift des/der Verbraucher(s)
________________________________________________________ Signature of consumer(s) (only if notice is on paper)
(*) Delete where not applicable
Copyright © 2018, IT-Recht-Kanzlei – Alter Messeplatz 2 – 80339 München Tel: +49 (0)89 / 130 1433 – 0- Fax: +49 (0)89 / 130 1433 – 60
Rüssels Landhaus ships within Germany.
The shipping costs are 6,90€.
Within 3-5 business days your order will be shipped.
If you are not satisfied with an order, you can return the product to us in its original packaging with all labels within 14 days:
Rüssel’s Country House
Before returning an item, please email us at firstname.lastname@example.org
Please use a trackable shipping service as we do not accept liability for products not received. The customer is responsible for all return shipping costs.