AGB

patrice ramim GmbH

1. Introduction

The following General Business Terms contain the conditions exclusively applicable to transactions between you and patrice ramim GmbH.

In case of questions concerning the web-store and/or the business terms please contact:

patrice ramim GmbH
Muehlstrasse 13
72555 Metzingen
Germany
+49(0)7123 1399
info@ramim.com

Trade Register HRB 863-U Reutlingen Germany
USt.-IdNr.: DE 147267660 Germany

2. Conclusion of contract

Any advertisement or presentation of our merchandise either online or elsewhere shall not constitute a binding offer. A customer’s order for any merchandise is a contractual offer and as such is regulated by § 145 of German Civil Law. An online order is placed by a clicking on the grey button "send order" in our webpage. A formal purchase contract only comes into effect once we have sent the merchandise to the customer and have confirmed said delivery in written form by e-mail (delivery confirmation). No purchase agreement is reached for ordered goods not listed in the delivery confirmation. The Contracting party is in all such cases patrice ramim GmbH.

3. Delivery, retention of title and liability

3.1 Orders will be delivered to the address specified by the customer on the order form. patrice ramim GmbH is not liable for missed or lost deliveries due to an incorrect delivery address. Please note that we do not deliver to post office boxes or packing stations.
3.2 The customer is liable for all risk, loss and damage to any delivered products immediately upon taking delivery of those products. A customer formally takes delivery of delivered products immediately upon signing for them or at such time as a legally allowed representative of the customer signs for the products.

4. Terms of Payment

4.1 Payment terms for delivery addresses in Germany, Austria and Switzerland: Payment of all merchandise may be per credit card, prepayment or cash on delivery (COD). In case of COD, patrice ramim GmbH shall fully bear the €4 COD charge.
4.2 Terms of payment in case of delivery to other delivery addresses
All purchase costs are to be prepaid. In certain cases and after prior consultation with patrice ramim GmbH, other arrangements may be agreed upon provided that the customer bears any (additional) respective cost. patrice ramim GmbH reserves the right to refuse to accept any order or associated delivery for any reason whatsoever and is not obligated to provide a reason for any such refusal.

5. Shipping costs and delivery area

5.1 Delivery within Germany
The customer’s portion of shipping costs amount to € 7,- of the total shipping costs for each delivery (per order and delivery address) with no minimum purchase value within Germany or in general.
5.2 Delivery outside of Germany
Shipping costs will be individually calculated for each delivery to every other state and country. The customer will be informed about the total of all individual shipping cost amounts, which are calculated depending on the destination country, the weight and size of the parcel. After being informed of its associated shipping costs, the customer is entitled to cancel any order.

6. Delivery periods - delay

All ordered products shall be delivered within six working days. In cases where a product may not be delivered due to shortages – for example due to unexpected high demand – the customer will be informed immediately by patrice ramim GmbH about the impending delay. As a rule, deliveries to other EU countries and Switzerland require an additional two working days. If non-compliance with a delivery date is attributable to causes other than shortage, patrice ramim GmbH is responsible for only those portions of liability as specified in the provisions of section 9 of these conditions. Other active customer claims are unaffected by new claims.

7. Retention of title

Any and all delivered goods shall remain the property of the seller until complete payment has been received by patrice ramim GmbH. Should you fail to settle the payment after more than ten days from order placement, patrice ramim GmbH reserves the right to cancel the contract and re-claim any delivered goods.

8. Right of withdrawal and instructions regarding cancellation

The customer may cancel any order or contract without providing a reason for doing so by sending a written cancellation (e.g. letter, fax, email) and/or returning the item within a period of two weeks after receipt of these instructions relating to a specific order. A punctual written cancellation or return of delivered item(s) is sufficient in order to comply with the return time period requirements. The cancellation is to be addressed to:

patrice ramim GmbH
dpt. returns
Mühlstraße 13
72555 Metzingen
Germany

Consequences of cancellation

In all valid cases of cancellation of an order or contract, the services accepted on both sides shall be returned and any profits, if applicable (e.g. interest), shall be paid. If a customer is not able to return any service or product, accepted in whole or in part, or may only make such a return in a deteriorated condition or return goods or services of a lesser value than those originally ordered, the customer is obligated to compensate patrice ramim GmbH up to the full value of all items and services ordered. In all cases involving delivered items, this guideline shall not apply if the deterioration of the goods is attributed solely to an inspection of the goods by either the customer or a legal representative and in a physical manner which would have been possible and allowed within the patrice ramim store. Additionally, the customer is obliged, for all cancelled and/or returned goods and services, to refrain from using said goods and services in the interim (i.e. before return and compensation) as his/her own property or undertaking any activity to reduce its value. The customer shall assume the costs of returning all items, if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed the amount of 40 Euros. If the amount is higher, and if the customer has not already received an exchange or partial payment as contractually agreed upon at the time of cancellation, the return is free of charge for the customer.

9. Liability for defects and limitation of liability

9.1 Patrice ramim GmbH is not liable for obvious defects in any delivered goods if not informed of such defects by the customer in writing or per e-mail within two weeks after receipt of the affected goods. Apart from that, the mandatory provisions of German law with regards to consumer protection in cases of product defects shall apply. Any other liability of patrice ramim GmbH for defects is excluded.
9.2 patrice ramim GmbH EXCLUDES LIABILITY IN ACCORDANCE WITH ALL LEGALLY PERMITTED AND/OR STATUTORILY REGULATED CONDITIONS, PROVISIONS AND WARRANTIES CONNECTED WITH PRODUCTS OR SERVICES, REGARDLESS WHETHER THESE HAVE BEEN EXPLICITLY STATED OR ARE GRANTED IMPLICITLY BY LAW, OR EXIST OTHERWISE (FOR EXAMPLE BY FORMER BUSINESS TRANSACTIONS OR FORMER BUSINESS CUSTOMS [TRADITONS]).
9.3 The warranty and liability of patrice ramim GmbH for
a. Injuries to life, limb or personal health
b. Willful deceit or
c. Deliberate action and gross negligence or
d. Any other liability which is not limited or barred as the law stands is not limited or barred by regulations as defined in these business terms.

9.4 Subject to the provisions in the previously mentioned article 9.3, patrice ramim GmbH is not liable for breach of contract or wrongful acts (including, but not limited to negligence) or for other reasons including
a. Financial losses (including, but not limited to loss or deficit of income, data, profits, contracts, business transactions or expected savings); or
b. Loss or impairment of transaction value or –reputation or
c. Special losses or consequential damages.
The customer’s legal consumer protection rights remain unaffected by these provisions.

10. Privacy Policy

10.1 If a customer decides to purchase goods in the Patrice ramim webstore (online), he/she is obligated to provide all required personal data as specified there. By entering data in the webstore, a customer declares and certifies that:
a. He/she is using his/her true identity and
b. At the moment of entry and submission of such data, each piece of information entered is true, correct, current and complete.
10.2 patrice ramim GmbH will use all provided personal data only in accordance with the provisions of German protection of privacy laws.
All personal information, provided as necessary to complete the substance, content structure, and/or change to the contractual relationship (for example inventory data), is used exclusively to settle the contracts for purchase between patrice ramim GmbH and it’s customers (i.e. the delivery of goods to the address specified by the customer). Any other use of customer’s inventory data for advertising purposes, market research or personalizing the product offerings of patrice ramim GmbH is subject to the explicit consent of the customer. Such a declaration of consent is fully voluntary and can be obtained on the patrice ramim website, where a cancellation or discontinuation option of such cooperation is also available.
All personal information, necessary to enable and account for the use of the business offers of patrice ramim GmbH (i.e. order and offer usage data), are initially also used exclusively to execute the purchase contracts between customer and seller. Such usage data are in particular all pieces of information and features identifying each user, information regarding order placement and completion as well as the extent of the respective use, and also user data of telephone-based services. Additionally, patrice ramim GmbH uses such usage data pseudonymously (customer ID number) for advertising purposes, market research or personalized configuration of telephone-accessible services and for the compilation of user profiles. Customers are entitled to object to this use of their usage data. Insofar as a customer wishes additional information or wants to retrieve or opt out of any explicit consent agreement givne concerning the usage of their inventory data, or wants to object to the use of usage data, he/she can contact our support-service at e-mail address info@ramim.com.

11. Severability Clause

The provisions of these business conditions are valid independent of each other and therefore declared severable. Should any provision be held invalid, void or non-executable for any reason, the invalidity does not affect the validity or viability of any other provision.

12. Closing provisions

The legal jurisdiction of the Federal Republic of Germany shall apply in all disputes. UN-sale of goods law is excluded. Mandatory provisions of the state and/or country in which the customer normally resides shall remain unaffected. Local jurisdiction for all disputes is in Reutlingen, Germany

SBT effective as of March 30, 2009