RiGO Drinks GmbH
General Terms and Conditions (GTC) with consumers and consumer information
Status: July 2023
General terms and conditions and consumer information in the context of purchase contracts concluded via the online store between RiGO Drinks GmbH www.rigo-drinks.com – hereinafter referred to as “seller” – and the customer – hereinafter referred to as “customer”.
§ 1 Scope of application and general information
(1) Subject to individual arrangements and agreements, which shall take precedence over these GTC, the following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the customer’s own terms and conditions is contradicted.
(2) The customer is a consumer if he concludes the contract for purposes that cannot be attributed primarily to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The contract is concluded with: RiGO Drinks GmbH, Engeldamm 24, 10179 Berlin
(2) The essential characteristics of the goods are set out in the respective product description posted by the seller.
(3) All offers in the seller’s online store merely represent a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer’s order, the customer will first be sent a confirmation of his order with the seller, usually by e-mail (order confirmation). The order confirmation does not yet constitute acceptance of the order. After receipt of the customer’s order, the seller will check it shortly and inform the customer within 3 working days whether it accepts the order (order confirmation). The ordering process in the seller’s online store works as follows:
(4) The customer can select products from the seller’s range and collect them in a so-called shopping cart using the “Add to cart” button. By clicking on the “Shopping cart” button, the customer receives an overview of the selected products. By clicking the “Buy now” button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time by using the browser functions “Back” and “Next” displayed as arrow keys to change the order entered and the data entered. The application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the “Accept terms and conditions” button and has thereby included them in his application. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The contract is only concluded when the seller submits the declaration of acceptance, which is sent in a separate e-mail.
§ 3 Subject matter of the contract, quality, delivery, availability of goods
(1) The subject matter of the contract is the goods and services specified by the customer in the order and stated in the order and/or order confirmation at the final prices stated in the online store. Errors and mistakes are reserved, in particular with regard to the availability of goods.
(2) The quality of the goods ordered is determined by the product descriptions in the online store. Images on the website may not accurately reflect the products; colors in particular may vary considerably for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimension and performance descriptions are given as precisely as possible, but may show the usual deviations. The characteristics described here do not constitute defects in the products supplied by the seller.
(3) If no copies of the product selected by the customer are available at the time of the customer’s order, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the Seller shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(4) If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, the seller shall immediately reimburse any payments already made by the customer.
§ 4 Delivery, prices, shipping costs
(1) Delivery to the shipping company takes place no later than 3 days after receipt of payment, in the case of cash on delivery no later than two days after order confirmation. The delivery time is up to five days. The seller shall indicate any deviating delivery times on the respective product page.
(2) Delivery is only made within Germany.
(3) All item prices include the statutory value added tax. The prices quoted are retail prices plus shipping costs. The customer will receive an invoice with VAT shown.
§ 5 Payment
Payment is made in advance (PayPal, credit card transfer)
§ 6 Transport damagen
(1) Werden Waren mit offensichtlichen Transportschäden angeliefert, wird der Kunden gebeten, diese Fehler sofort bei dem Zusteller zu reklamieren und schnellstmöglich Kontakt zu dem Verkäufer aufzunehmen.
(2) Die Versäumung einer Reklamation oder der Kontaktaufnahme hat für die gesetzlichen Gewährleistungsrechte des Kunden keinerlei Konsequenzen, hilft dem Verkäufer aber, eigene Ansprüche gegenüber dem Frachtführer bzw. der Transportversicherung geltend machen zu können.
§ 7 Sachmängelgewährleistung
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) A guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.
(3) Complaints and claims for liability for defects can be made at the address given in the supplier identification.
§ 8 Retention of title
The delivered goods remain the property of the seller until full payment has been made.
§ 9 Liability
The statutory provisions apply.
§ 10 Text of the contract
The text of the contract is stored on the seller’s internal systems. The customer can view the General Terms and Conditions at any time in his customer account. The order data and the General Terms and Conditions are sent to the customer by email. After completion of the order, the order data is no longer accessible via the Internet for security reasons.
§ 11 Final provisions
(1) The contract language is German.
(2) The law of the Federal Republic of Germany shall apply to contracts between the seller and the customer to the exclusion of the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted to the customer by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller. This shall also apply if the customer has no general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is unknown at the time the action is brought.
Source: Rechtsanwalt Metzler – Lawyer for competition law, trademark law and copyright law
http://www.Rechtsanwalt-Metzler.de/
Quelle: Rechtsanwalt Metzler – Rechtsanwalt für
Wettbewerbsrecht, Markenrecht und Urheberrecht
RiGO Drinks GmbH
General Terms and Conditions (GTC) with entrepreneurs
Status: July 2023
1. scope of application
(1) RiGO Drinks GmbH (hereinafter RiGO) only concludes contracts in accordance with the following terms and conditions in their latest version. The latest version can be viewed at www.rigo-drinks.com. The General Terms and Conditions of RiGO valid at the time of conclusion of the contract shall be decisive for inclusion in the respective contract. Individual agreements remain unaffected by this. These GTC shall also apply to future business relations without the need to refer to them again.
(2) Deviating, conflicting or supplementary terms and conditions of the customer shall not become part of the contract unless their validity is expressly agreed by RiGO. This shall also apply if RiGO executes an order without reservation in the knowledge of conflicting or deviating terms and conditions of the customer. If the customer uses conflicting or supplementary general terms and conditions, their validity is hereby rejected.
(3) Customers within the meaning of these GTC are entrepreneurs. An entrepreneur within the meaning of the GTC is any natural or legal person or partnership with legal capacity with whom a business relationship is entered into and who acts in the exercise of a commercial or independent professional activity, § 14 BGB (German Civil Code).
(4) For the legal relationship between RiGO and its customers, the provisions of the respective contract, then these GTC and then the legal situation are decisive.
2. offers and conclusion of contract, excess or short quantities
(1) All statements, advertisements, circulars or information (e.g. in catalogs, on the website or other electronic media of any kind), including but not limited to prices, services, dimensions, weights, etc. are non-binding and do not constitute offers in the legal sense, but merely non-binding product and price information. RiGO’s offers are subject to change.
(2) A purchase contract is concluded with RiGO by offer and acceptance. If an order is to be understood as an offer by the customer, this can be accepted by RiGO within 2 weeks either by sending a declaration of acceptance (by post, fax or e-mail) or the goods, whichever comes first. If the content of a contract confirmation differs from the order, the content of this contract confirmation shall apply unless the other party to the contract objects to the contract confirmation in text form without delay, i.e. without culpable delay.
(3) If RiGO submits an offer to the customer, this can only be accepted within 2 weeks.
(4) Bei Ware, die speziell für den Kunden hergestellt wurde (spezielle Etiketten, Aufdrucke, Aufkleber, abweichende Dosen- oder Flaschenform, Rezepturen etc.), ist RiGO berechtigt, aus fertigungsbedingten Gründen Mehr- oder Mindermengen zu liefern. Dem Kunden ist bekannt, dass Mindestmengen für den Einkauf der Zutaten und Packmittel beim Produzenten gelten, sowie dass bei den Lieferungen vom Produzenten eine Toleranz von ± 10 % der Bestellmenge bzw. Abrufmenge regelmäßig als vereinbart gilt. Insoweit verpflichtet sich auch der Kunde gegenüber RiGO zur Abnahme und Bezahlung etwaiger Mehr- oder Mindermengen der bestellten Warenmengen und Packmittel, höchstens jedoch 10 % der bestellten Menge oder Abrufmenge. Der Kunde hat in die tatsächlich gelieferte Menge zu zahlen. The provision in clause 9 of these GTC must be observed and remains unaffected by this provision.
3. withdrawal in the event of unavailability, force majeure
(1) RiGO is entitled to withdraw from the contract if the ordered goods are not available through no fault of RiGO. In this case, RiGO shall inform the customer immediately of the unavailability and reimburse the customer’s counter-performance without delay. The customer is not entitled to any further claims (e.g. damages caused by delay, loss of sales, personnel costs etc.). Payment obligations of the customer for delivered goods remain unaffected. As long as RiGO does not withdraw from the contract, the delivery period shall be extended in favor of RiGO by the period of delay caused by the late delivery by suppliers or forwarding agents.
(2) “Force majeure” is an exceptional and unforeseeable event outside RiGO’s sphere of influence which cannot be prevented even by the utmost care on the part of RiGO, which invokes the existence of force majeure, e.g. Natural disasters, storms, fire, earthquakes, epidemics or pandemics, war, hostage-taking, riots, terrorist attacks, strikes, disruption of means of communication or infrastructure, means of transport, energy, fuels, water, transport capacities, restriction of personal freedom of movement of larger population groups (lockdown).
(3) If the delay in performance is caused by force majeure or is the result of force majeure, the delay in performance shall not constitute a breach of this contract and the time required for the performance of the service shall be extended by the corresponding period.
4. prices, deliveries and transfer of risk
(1) The prices of the current price lists valid at the time of conclusion of the contract shall apply. The prices are net prices plus VAT ex warehouse of RiGO. Packaging, delivery and shipping costs shall be borne additionally by the customer, even if these are not shown separately in the specific offer.
(2) As transport and material prices are subject to strong fluctuations, RiGO reserves the right to adjust prices appropriately even after conclusion of the contract in the event of changing material or transport costs. The adjustment shall be made in the ratio of the changing material and transportation costs to the total price. RiGO shall be entitled to exercise due discretion in determining the price increase. If the customer purchases goods from RiGO at a later date, the price for goods delivered at a later date may therefore also vary. The customer shall be entitled to withdraw from the contract if the price increase of the goods exceeds 5% compared to the order. In the case of partial deliveries, the right of withdrawal shall only apply to the partial delivery for which the conditions for the right of withdrawal exist. The right of withdrawal can only be exercised within a period of 14 days after the customer has received the invoice with the price increase or has been informed of the price increase by RiGO, whichever occurs first.
(3) RiGO usually manufactures the products within the framework of long-term orders. RiGO therefore reserves the right to a delivery period of 2 months for its own deliveries of goods, unless otherwise stated by RiGO prior to the conclusion of the contract or in RiGO’s offer. If the goods are in stock, delivery may be significantly faster. RiGO does not guarantee delivery. Stated delivery periods are in any case non-binding, unless RiGO expressly guarantees delivery on a specific date or within a specific period in writing.
(4) Delivery shall be ex works and for the account of the customer. RiGO is entitled to make and invoice partial deliveries. Transport packaging and all other packaging in accordance with the Packaging Ordinance will not be taken back, with the exception of undamaged EURO pallets, unless the Packaging Ordinance or another statutory provision makes their return mandatory. The customer shall be responsible for the disposal of packaging at his own expense.
(5) If RiGO delivers the goods to the customer, this shall only be free to the kerbside of the property; goods shall not be transported to the business premises, but merely unloaded from the transport vehicle. The customer must ensure that the place of delivery and the access road are accessible and drivable with a 7.5 ton truck and that the goods can be unloaded at the unloading point and that the customer accepts the goods immediately. RiGO has no obligation to remind the customer of the delivery date or to wait more than 15 minutes after the agreed delivery date. If unloading cannot take place, RiGO shall be entitled to unload the goods at the next available location or, if this is not feasible at RiGO’s discretion, to store the goods and attempt a new delivery at another time. The customer shall bear all costs incurred as a result, including storage costs.
(6) All risks and dangers including the risk of shipment or accidental loss or deterioration of the item sold by RiGO shall pass to the buyer upon handover of the item to the forwarding agent, the carrier or the person otherwise appointed by RiGO or the buyer to carry out the shipment. If the buyer is in default of acceptance, this shall be deemed equivalent to handover. In the case of an obligation to collect, the risk shall pass 3 days after receipt of the notification from RiGO to the customer that the goods can be collected.
5. payment, default of payment, default of acceptance
(1) RiGO delivers against advance payment and is not obliged to make advance payment. The customer shall be given RiGO’s bank details in the order confirmation or invoice. RiGO is not obliged to accept checks or bills of exchange.
(2) Invoices from RiGO are due and payable immediately without deductions. The deduction of a discount requires special, express agreement. RiGO is entitled to charge the customer due date interest of 5 percent in accordance with §§ 353, 352 para. 2 HGB (German Commercial Code). The customer agrees that he may also receive invoices exclusively by e-mail.
(3) The customer shall be in default at the latest 30 days after delivery and receipt of an invoice or equivalent payment schedule. In the event of default, RiGO shall charge interest at a rate of 12 percentage points above the prime rate. The assertion of further damages by RiGO shall not be affected by this. In the event of default by the customer, RiGO shall be entitled to demand the return of the goods delivered subject to retention of title, without this being deemed a withdrawal from the contract, and to retain the goods until the default has ended and the consequences of default have been eliminated.
(4) If the customer is in default of acceptance, the following shall also apply: RiGO shall be entitled to store the goods in an unguarded, unroofed outdoor area or in a warehouse. The risk of storage is transferred to the customer. The customer shall bear the damages resulting from the delay in acceptance, including any additional expenses and costs, in particular storage costs and fees. The same shall apply if the customer culpably breaches its contractual obligations to cooperate. If the customer is in default of acceptance, RiGO shall be entitled, after setting a reasonable deadline, to dispose of the delivery item otherwise if this has been announced to the customer.
(5) If a payment claim of RiGO is due but not paid, RiGO shall be entitled, even without default, to claim reminder fees of € 15 for each reminder and, if a lawyer is involved, to claim reimbursement of reasonable lawyer’s fees. In the event of default on a claim for payment, RiGO shall hereby be entitled to claim the statutory lump sum for default of € 40.00 in addition to any reasonable legal fees in accordance with Section 288 (5) BGB. This lump sum, reminder costs and out-of-court legal costs shall not be offset against any subsequent fees in court proceedings; offsetting and § 15a RVG, preliminary remark 3 para. 4 VV RVG and § 288 para. 5 sentence 3 BGB are waived. The assertion of further damages by RiGO shall not be affected by this.
(6) If no other repayment provision has been made, payments to RiGO shall first be offset against the interest incurred, then against the default costs, then against the legal costs, then against other ancillary costs and then against the principal claim, whereby in each case the claim closest to the limitation period shall be repaid first.
6. Lagergebühren
(1) Sofern der Kunde die Ware nicht fristgerecht abholt oder in Annahmeverzug ist, ist RiGO berechtigt, Lagergebühren pro Tag in Höhe von 5 % des Bruttowarenwertes der Ware zu berechnen. Für den Bruttowarenwert ist der vereinbarte Kaufpreis entscheidend. Lagerkosten sind pro angefangenem Tag zu zahlen.
(2) Erfolgt eine spätere Lieferung oder Abholung der Ware auf Wunsch des Kunden, ist RiGO berechtigt, 3 Tage nach dem ursprünglichen Liefertermin Lagerkosten zu berechnen.
(3) Lagerkosten sind vom Kunden auch dann zu zahlen, sofern RiGO die Ware mangels Bezahlung nicht herausgibt, RiGO ein bestehendes Zurückbehaltungsrecht ausübt oder der Kunde mit der Bezahlung in Verzug ist.
7. Qualität und Beschaffenheit der Ware
(1) RiGO shall supply goods of average type and quality, unless otherwise contractually agreed. The customary material standards, designations and DIN tolerances shall apply to raw materials. With proper storage and transportation, stability in taste and appearance can be assumed until the best-before date.
(2) The goods have many natural components that can change due to temperature, light and movement. The goods must therefore be stored in a dry, dark place and in a temperature range of 5 to 25 degrees Celsius. In addition, any unnecessary shaking must be avoided.
(3) The goods shall be deemed to be in accordance with the contract and not defective in the event of only insignificant deviations from the agreed quality or in the event of only insignificant impairment of usability, natural changes or wear and tear or in the event of damage that has occurred after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable operating materials or special external influences. With regard to the delivered beverages, only “insignificant deviations” are present, which are neither recognizable in terms of taste nor sensory and are within a framework tolerated by the manufacturer.
(4) Unless further guarantees have been given by RiGO or other provisions have been made, RiGO shall only be responsible for the contractual condition at the time of the transfer of risk and shall not be liable for changes to the goods caused by the effects of weather, improper use, incorrect storage or the actions of third parties. 000 and less than 60,000 bottles or cans, 3 % for batches between 60,000 and less than 100,000 bottles or cans and 2 % for batches larger than 100,000 bottles or cans.
8. export
(1) RiGO’s goods are intended exclusively for distribution in Germany. RiGO is not responsible for the labeling of the goods for distribution outside Germany, this is the sole responsibility of the customer. If the customer orders goods for export or delivers goods abroad, he is solely responsible for the saleability and permissibility of the import and distribution of the goods in the export country prioritized by him as well as the legal harmlessness of labels, stickers and packaging of the goods. The customer must pay in advance for all printing and graphic costs specifically requested by him.
The customer is also solely responsible for ensuring that no trademark, copyright, design, patent or other rights of third parties are infringed by the advertising and distribution of the goods.
(3) If a claim is made against RiGO due to the infringement of regulations applicable abroad or due to the infringement of trademark, copyright, design, patent or other rights of third parties, the customer shall immediately indemnify RiGO from any liability and reimburse RiGO for reasonable costs of legal defense. In addition, the customer shall indemnify RiGO against any liability and against all claims, costs and expenses arising from the use of artwork or designs sent by the customer on the filled cans, lids and packaging within the scope of this contract.
(3) If goods are sold to the customer for export without a deposit, the customer is prohibited from offering or selling the goods in Germany if a deposit would have to be charged on the goods in Germany. In addition, the customer is solely responsible for ensuring that all legal regulations regarding any existing deposit, waste and packaging regulations are complied with in the country of export; the customer shall also bear any costs, taxes and fees incurred as a result.
9. deposit
() The deposit specified in the price list shall be charged for empty bottles and crates, drums and Euro pallets. The deposit amounts are shown separately on the invoice and are due together with the purchase price. The deposit shall be credited when the items are returned.
(2) RiGO has no obligation to accept pledged items from the customer.
(3) For the export of RiGO’s goods, the provisions in section 8 shall apply instead of paragraphs (1) to (3).
iThe customer is not obliged but entitled to return RiGO’s Euro pallets and one-way packaging to RiGO at his own expense. If the customer does not make use of his option to return the packaging, RiGO assumes that the customer will dispose of the packaging at his own responsibility for proper recycling.
10 Obligations to inspect and give notice of defects
(1) The customer shall inspect the goods delivered by RiGO immediately after delivery to check whether they are in accordance with the contract, in particular with regard to quantity, dimensions and external quality.
(2) Obvious defects must be notified to RiGO immediately, at the latest within 7 days of receipt of the goods, in writing and with a description of the defect; otherwise the goods shall be deemed approved and in conformity with the contract at the time of transfer of risk. Hidden defects must be reported to RiGO in the same way without delay, at the latest 7 days after discovery. Minor defects do not entitle the customer to refuse acceptance of the goods. If the customer waives inspection and complaint, the goods shall be deemed to have been approved.
(3) The date of delivery of the goods to the customer shall be decisive for compliance with the period for giving notice of defects.
(4) If RiGO has commissioned a third party (e.g. a carrier) with the delivery of the delivery item, the customer must record any recognizable transport damage in the presence of the carrier, report it to him and have it confirmed in writing. If transport damage was not externally recognizable upon delivery, the customer must notify the carrier in writing immediately after discovery, at the latest 7 days after delivery. The customer must inform RiGO immediately in text form of the transport damage and the notification and send the damage report and any confirmation from the carrier. Claims due to transport damage not properly recorded or not reported in time are excluded.
(4) If the purchase is a commercial transaction for both parties, the customer must also fulfill his inspection and complaint obligations in accordance with §§ 377 HGB.
11. reservation of title
(1) RiGO shall retain title to the goods delivered until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, they may not be pledged or transferred by way of security, but the goods may be resold by the customer in the ordinary course of business. In this case, the customer hereby assigns to RiGO in advance all claims in the amount of the final invoice amount to which he is entitled from the resale; RiGO accepts this assignment. If the customer does not properly meet his payment obligations, RiGO reserves the right to collect the claims itself and to disclose the assignment to the debtor. For this reason, the customer is obliged to provide RiGO with the name, address, telephone number and e-mail address of the end customer who is the debtor of the customer. The customer shall continue to be authorized to collect the claims unless RiGO informs him that RiGO will now collect the claim itself. RiGO undertakes to release the securities to which RiGO is entitled at the customer’s request to the extent that the realizable value of the customer’s securities exceeds the claims to be secured by more than 10%. RiGO shall decide on the selection of the securities to be released.
(2) In the event of seizure of the goods subject to retention of title by third parties or other interventions by third parties, the customer is obliged to immediately point out the ownership of RiGO as seller and to inform RiGO immediately in writing. The customer shall be liable to RiGO for all damages and all judicial or extrajudicial costs incurred in this connection, including reasonable legal fees, even if the creditor pursuing the attachment is also liable.
12. Haftung, Schadensersatzpflicht von RiGO
(1) The warranty and liability shall be governed by the statutory provisions, unless otherwise stipulated below. RiGO’s warranty is limited to 1 year, § 478 BGB remains unaffected. If there is a defect, the warranty claims are initially limited to subsequent performance.
After two unsuccessful attempts at subsequent performance, the customer has the right, at his discretion, to withdraw from the contract or to demand a corresponding reduction of the remuneration (reduction).
(2) The amount of compensation is limited to the net value of the goods delivered. RiGO shall not be liable for consequential damages, in particular not for loss of profit. If the customer has suffered damage caused by delay and therefore has a claim for damages against RiGO, the customer may demand compensation for each commenced week of delay of € 0.004 net per bottle or can of the delayed delivery. Any further damages are excluded.
(3) RiGO shall only be liable in cases of intent and gross negligence.
(4) The above limitation shall not apply to claims based on damage caused by RiGO, its legal representatives or vicarious agents a) in the event of injury to life, limb or health, b) in the event of intentional or grossly negligent breach of duty or fraudulent intent, c) in the event of breach of essential contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely (cardinal obligations), d) within the scope of a guarantee promise or e) insofar as the Product Liability Act applies.
In this case, RiGO’s liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
(5) If the purchase is a commercial transaction for both parties, a further prerequisite for liability and warranty claims against RiGO is that the customer has duly fulfilled his obligations to inspect and give notice of defects according to item 8 of these GTC and, if applicable, his obligations according to § 377 HGB (German Commercial Code).
(6) The customer shall inform RiGO immediately of the assertion of warranty claims by an end customer in relation to the goods previously delivered to the customer by RiGO.
13. compensation for damages instead of performance
If RiGO is entitled to claim damages for non-performance due to non-acceptance by the customer or if RiGO withdraws from the contract due to culpable conduct by the customer, RiGO may demand 20% of the contract sum from the customer as liquidated damages without further proof. This shall not affect the customer’s right to prove that RiGO has suffered less damage. Conversely, RiGO has the right to prove the existence of higher damages.
14. disclaimer for external links
RiGO refers on its pages with links to other pages on the Internet. For all these links, RiGO expressly declares that it has no influence whatsoever on the design and content of the linked pages. RiGO hereby expressly distances itself from all contents of all linked third-party sites and does not adopt their contents as its own. This declaration applies to all links displayed and to the entire content of pages to which links lead.
15 Offsetting, assignment, right of retention
(1) The customer may only offset or exercise a right of retention against claims of RiGO if the nature and amount of the customer’s counterclaim is recognized by RiGO, is undisputed or has been legally established. This exclusion of the right of retention or offsetting shall not apply if the customer’s counterclaim arises from a reverse transaction following the exercise of an existing right of withdrawal or revocation. Furthermore, the customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
(2) The assignment of claims of the customer against RiGO or the transfer of rights or obligations arising from a contractual relationship with RiGO shall require the prior written consent of RiGO.
16. works protected by copyright
(1) All product descriptions and illustrations, logos, designs, photos, e.g. on the Internet, in product descriptions, advertisements as well as on RiGO products are protected by copyright.
(2) If RiGO grants rights to works protected by copyright, in particular photos, designs, logos or other works protected by copyright, these rights shall only be granted as a simple, non-transferable right of use which may be revoked at any time. In any case, any grant of use shall only be made for the territory of the Federal Republic of Germany and only for the sale of goods that have not expired and only for use in the customer’s country or on a website operated by the customer itself and provided that the domain also belongs to the customer or a company belonging to the customer. Any grant of use shall in all cases require the express written consent of RiGO. With regard to works for which RiGO grants rights of use to a customer, the customer recognizes the presumption of ownership of the rights within the meaning of § 10 UrhG (German Copyright Act) in favour of RiGO. The same applies to all photos and copyrighted works originating from RiGO’s websites.
17. data protection
RiGO stores and processes customer order data in accordance with the relevant provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). The employees and representatives of RiGO are obliged to comply with the data protection regulations. The information on the type, scope and purpose of the collection and use of personal data as well as the rights of the customer can be found in the data protection information, which the customer can request from RiGO at any time.
18. general provisions
(1) No ancillary agreements have been made. Should individual provisions of these GTC or an agreement made be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes closest to the economic purpose of the invalid or unenforceable provision and corresponds to what the parties would have agreed, taking into account their interests at the time of conclusion of the contract. This shall apply in the same way in the event of a loophole.
(2) RiGO shall only conclude contracts in text form. Amendments and supplements to this contract must be made in text form. This also applies to the waiver of the text form clause. Contract language is German.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction for all disputes in connection with this contract and the individual contracts subsequently concluded between RiGO and the customer shall be the registered office of RiGO. The same shall apply if the customer’s registered office or habitual residence is unknown at the time the action is brought or if the customer’s registered office is abroad. RiGO is, however, entitled to bring legal proceedings at the customer’s general place of jurisdiction and at any other legal place of jurisdiction.
(4) All disputes between the parties shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
RiGO Drinks GmbH – Engeldamm 24, 10179 Berlin, Telephone: 030 / 62 93 29 99 – Fax: 030-00 E-Mail: hello@rigo-drinks.com – Web: www.rigo-drinks.com