Terms & Conditions
1. Scope
1.1 The deliveries and services of Reimo Reisemobil-Center GmbH are subject to the following terms and conditions. Our terms and conditions apply exclusively. Any deviating, conflicting or supplementary terms and conditions of the customer shall not apply, unless we explicitly approve their validity. This applies even if we unreservedly provide the customer with a delivery or service despite being aware of the customer’s terms and conditions.
1.2 Unless explicitly stated otherwise in the following clauses, these terms and conditions apply both to “traders”, as defined in Section 14 of the German Civil Code (BGB), and to legal persons incorporated under public law or investment funds incorporated under public law, as well as to “consumers”, as defined in Section 13 BGB. A “consumer” means any natural person who enters into a legal transaction for purposes that predominantly are outside the consumer’s trade, business or profession. A “trader” means a natural or legal person or a partnership with legal personality who or which, when concluding a legal transaction, acts in exercise of their trade, business or profession.
2. Conclusion of Contract
2.1 Our offers shall be subject to change. If the customer makes an offer to enter into a contract by placing an order, the relevant contract shall only be established when we accept the offer.
2.2 If an order is placed via our website (www.reimo.de), the following provisions shall apply to the conclusion of the contract in addition to those specified in Section
2.1 above:
The presentation of items on our website shall not constitute a binding offer. The customer may select goods on our website and place them in the virtual shopping cart by clicking on the shopping cart symbol. By clicking on the “Buy now” button, the customer shall make a binding offer to purchase the goods in the shopping cart. The customer may view and change the relevant data at any time before submitting the order.
The customer shall receive an automated email from us to confirm receipt of the order. The automatic confirmation of receipt shall merely document the fact that we have received the customer’s order; it shall not mean that we accept the customer’s offer to enter into a contract. The contract shall only be established when we submit a declaration of acceptance, which shall be sent as an order confirmation in a separate email. Any contracts facilitated via our website shall be concluded in German.
2.3 All agreements made between us and the customer when entering into the contract shall be fully documented in writing in the contract, including these terms and conditions. Our employees shall not be authorised to make any verbal agreements that deviate from the contract or supplement its provisions.
2.4 We reserve the right to make insignificant changes to components, the design, the colour or other details as part of technical developments, provided such changes are reasonable for the customer, taking into account the interests of both parties. In particular, any such changes must not lead to a reduction in value or an impairment of use.
2.5 Due to the use of natural raw materials, all weight specifications shall be within the usual tolerances of +/- 5%.
3. Prices and Terms of Payment
3.1 Prices and terms of payment for contracts with consumers
(a) The prices indicated for consumers in our online shop and any other prices offered to consumers shall be gross prices quoted in EUROS ex works plus any additional shipping costs that may be indicated. If an order is placed via our website, the respective shipping costs shall be specified in our online shop.
(b) If a consumer places an order via our online shop, we shall offer the following payment methods: PayPal, credit card (MasterCard or Visa) or Sofortüberweisung. If we enter into a contract with a consumer in a brick-and-mortar shop, the purchase price must be paid in cash or by EC card upon delivery.
3.2 Prices and terms of payment for contracts with traders
(a) If we make a trader an offer, the prices offered shall be net prices quoted in EUROS ex works, unless stated otherwise. If applicable, the statutory rate of value added tax shall be shown separately on our invoice.
(b) The following terms of payment apply to contracts with traders: Our invoices shall be payable without deductions within 30 days of receipt. If payment is received within 8 days of invoicing, we shall grant a 2% discount for early payment. We shall grant a 3% discount for cash payments, advance payments and successful payment collection based on a SEPA direct debit mandate.
3.3 General terms of payment for consumers and traders
Regardless of whether the customer is a consumer or a trader, the following terms of payment shall also apply:
(a) If the customer defaults on payment, we shall be entitled to charge default interest at the applicable statutory rate. We also reserve the right to assert further claims due to the delay.
(b) The customer shall only be entitled to offset our claims against the customer’s own counterclaims – or assert a right of retention – if the customer’s counterclaims are legally established, undisputed or recognised by us. However, this restriction does not apply to any counterclaims held by the customer due to defects or the partial non-fulfilment of the contract, provided the claims are based on the same contractual relationship as our claims. The right to offset any claims arising from the exercise of the consumer’s right of withdrawal, as described in Section 13 below, also remains unaffected.
(c) If it becomes apparent that our claim to the purchase price is jeopardised by the customer’s solvency after entering into the contract, we shall be entitled to refuse performance in accordance with the statutory provisions and, if the customer neither pays the purchase price nor provides security within a reasonable period set by us, we shall be entitled to withdraw from the contract (Section 321 BGB).
(d) In the case of contracts for the delivery of complete vehicles, the following also applies: If a delivery date is agreed more than four months after the conclusion of the contract, and if our suppliers increase their prices during this period after the conclusion of the contract for reasons not attributable to us, we shall be entitled to pass on these increased costs to the customer and to adjust our price accordingly. We shall immediately inform the customer.
4. Delivery and Service Deadlines
4.1 We shall only adhere to our delivery and service deadlines if the customer properly fulfils their own obligations in a timely manner.
4.2 Any events for which we are not responsible and which prevent us from providing our services (e.g. strikes, lawful lockouts, official orders, natural disasters and other examples of force majeure) shall release us from our contractual obligations as long as the hindrance persists. We agree to inform the customer immediately about the occurrence and expected duration of such events. If such an event persists for longer than three months, each party shall be entitled to withdraw from the contract. In such cases, any consideration that has already been provided shall be refunded immediately.
4.3 If we default on a delivery or service due to slight negligence, our obligation to compensate for any damage caused by the delay (compensation in addition to performance) shall be limited to a maximum of 5% of the net purchase price of the delayed delivery or service. Our liability for culpable injury to life, limb or health remains unaffected. Our liability for compensation in lieu of performance shall be governed by the provisions of Section 5 of these terms and conditions.
4.4 The delivery of goods is also subject to the provisions of Section 8 (see Part II below).
5. Liability
5.1 We shall be liable in accordance with the statutory provisions if the customer asserts any claims for damages based on intent or gross negligence – including intent or gross negligence on the part of our legal representatives, employees or other vicarious agents – or based on the culpable breach of an essential contractual duty. Essential contractual duties are those which must be observed to achieve the purpose of the contract and on the observance of which the customer may regularly depend. If we are not guilty of intent or gross negligence, our liability for damages in the above cases shall be limited to the foreseeable degree of damage that typically occurs.
5.2 In the case of liability for culpable injury to life, limb or health, the statutory provisions shall remain unaffected; the same applies to cases of mandatory liability under the German Product Liability Act (ProdHaftG).
5.3 Unless otherwise stipulated above, we shall not be liable for any damages regardless of the legal nature of the claim in question. In case of default, our liability shall also be subject to the limitations described in Section 4.3 above.
5.4 The above provisions shall apply accordingly if the customer demands compensation of wasted expenses instead of claiming compensation for damages in lieu of performance.
5.5 If our liability for damages is excluded or limited, this shall also apply with regard to the personal liability of our legal representatives, employees and vicarious agents.
6. Information Provided By Telephone
Any information provided by telephone shall generally be non-binding and without guarantee if we offer an assessment after the matter in question is described by telephone, verbally or in writing and if we have no opportunity to conduct a detailed inspection of the item to which the information relates.
Part II: Special Provisions for Deliveries of Vehicles, Accessories and Spare Parts
7. Special Orders and Custom-Made Vehicles
A deposit of 25% of the purchase price shall be due when a contract is established for special vehicle orders; a deposit of 40% of the purchase price shall be due when a contract is established for custom-made vehicles. Any custom-made vehicles shall be manufactured according to the plans and measurements provided by the customer. The customer shall be solely responsible for the correctness of such measurements.
8. Delivery and Transfer of Risk
8.1 Our deliveries shall be made ex works. The risk of accidental loss or deterioration shall be transferred to the customer, at the latest, when the goods are handed over to the customer. If we ship the goods at the customer’s request, the risk shall be transferred to the customer when the goods are handed over to the freight carrier or another person instructed to transport the goods. The statutory transfer of risk in the event of default in acceptance remains unaffected. If the customer is a consumer, the risk in the cases described in the third sentence above shall only be transferred to the customer as soon as the goods are handed over to the freight carrier or another person instructed to transport the goods if the customer has instructed the freight carrier or the other person to carry out the shipping and we have not previously named the transporting person to the customer.
8.2 Unless stated otherwise, any parts ordered via our website shall be delivered within 5 working days.
8.3 We shall be entitled to make partial deliveries if they are reasonable for the customer.
8.4 If the customer requests a different design of the purchased item before it is delivered, the delivery period shall be interrupted until an understanding is reached on the required design; if necessary, the deadline shall be extended by the time required to implement the different design.
8.5 If an agreed, non-binding delivery date is exceeded by more than 6 weeks in the case of a contract for the delivery of vehicles, the customer shall be entitled to set us a reasonable grace period. If we do not deliver the purchased item by the end of the grace period, the customer may withdraw from the contract by means of a written declaration and/or demand compensation in lieu of performance under the legal requirements.
9. Conditions of Acceptance for the Delivery of Vehicles
9.1 If the customer fails to accept a purchased item within 14 days of being notified of its availability, or if the customer refuses to accept the delivery, we shall be entitled to withdraw from the contract and/or to demand compensation due to non-performance after a reasonable grace period set by us.
9.2 In the latter case, we shall be entitled to claim 15% of the purchase price as compensation for damages – without prejudice to the possibility of demanding a greater amount for the damage that is actually incurred. The customer reserves the right to prove that we have incurred significantly less or no damage.
10. Retention of Title
10.1 The goods shall remain our property until the purchase price has been paid in full. By way of derogation from the first sentence, the following shall apply if the customer is a trader: The goods shall remain our property until all claims arising from the business relationship between us and the customer, including any additional claims, have been settled in full. The retention of title shall remain in effect even if some of our claims are included in a current account and the balance has been determined and recognised.
10.2 The customer shall not be permitted to pledge any goods subject to retention of title or assign them as security. We must be immediately notified of any seizures or other third-party interventions. If the third party is unable to reimburse us for the judicial and extra-judicial costs of averting the intervention in question, the customer shall be liable for the loss we incur.
10.3 The customer shall store any goods subject to retention of title for us free of charge. The customer must insure them against common risks such as fire, theft and water with the usual degree of coverage. The customer hereby assigns to us any compensation claims held against insurance companies or any other parties liable for compensation due to any damages of the type described above; the assigned claims shall correspond to the amount of the customer’s own claims.
10.4 If the customer fails to meet their payment obligations, we shall be entitled to withdraw from the contract and demand the return of the goods subject to retention of title under the legal requirements.
10.5 If the customer is a trader, the following provisions also apply:
(a) The customer shall be entitled to process and sell any goods subject to retention of title in accordance with the following provisions:
(b) The customer hereby assigns to us any claims arising from the resale of goods subject to retention of title corresponding to the final amount invoiced for our own claims (including VAT); this shall also apply proportionately if the goods are processed, mixed or combined with other items and we acquire co-ownership in the amount of their invoice value. In the latter case, we shall be entitled to a fraction of the respective purchase price claim arising from the resale in the ratio of the invoice value of our goods subject to retention of title to the total invoice value of the item in question. If the customer sells the claim as part of real factoring, the customer shall assign to us the claim held against the factor that replaces it. We shall accept the assignment.
(c) We shall not collect any assigned claims as long as the customer meets their payment obligations. The customer shall remain entitled to collect the claims. However, the customer shall no longer be authorised to collect the claims if the customer defaults on payment or if an application is filed for insolvency proceedings against the customer’s assets. In such cases, we may ask the customer to notify us of the assigned claims and the debtors, to provide all information required to collect the receivables, to hand over the associated documents, and to inform the debtors that the claims have been assigned to us.
(d) By processing goods subject to retention of title, the customer shall not acquire ownership of the new item pursuant to Section 950 BGB. Any such processing shall be done for us; however, this shall not result in any liabilities for us. If any goods subject to retention of title are processed, mixed or combined with other items, we shall acquire co-ownership of the new item in the ratio of the value of the goods subject to retention of title to the total value of the goods. The customer shall no longer be authorised to process goods subject to retention of title in the ordinary course of business if the customer stops making payments or if an application is filed for insolvency proceedings against the customer’s assets.
(e) We agree to release the securities to which we are entitled if their value exceeds the claims to be secured by more than 20%. We shall be responsible for choosing the securities to be released.
11. Warranty for Contracts of Sale
11.1 If any defects are found in our goods, the customer shall have the statutory warranty rights described in Section 434 et seq. BGB; however, the customer shall only be able to assert any claims for damages to the extent specified in Section 5 above.
11.2 If the customer is a trader, the following provisions also apply:
(a) The customer shall only be able to assert any warranty claims after properly fulfilling their obligation to inspect the goods and report defects in accordance with Section 377 of the German Commercial Code (HGB). The customer shall be obliged to inspect the purchased items as soon as they are received. Any defects must be reported immediately. Otherwise, the goods shall be deemed to have been accepted in perfect condition, unless the defect was not apparent during the inspection. Any installed parts shall not be replaced or repaired if damage would have been detected upon careful inspection prior to installation. Any hidden defects that were not apparent during a proper inspection must be reported as soon as they are discovered. Any defects must always be reported in writing.
(b) If a purchased item is defective and the defect is properly reported by the customer, we shall be able to choose whether to deliver a replacement or make a repair. We shall acquire ownership of any replaced parts. The place of subsequent performance shall be our registered office. The customer shall only be entitled to withhold payments due to a defect to an extent that is appropriate in relation to the defect and in relation to the cost of rectifying the situation.
(c) The customer shall only be entitled to assert any warranty claims if the customer can prove that the goods were defective when the risk was transferred. In particular, we shall not be liable for any damage caused by improper use, incorrect assembly, inadequate or incorrect maintenance, or any damage caused by natural wear and tear or unauthorised changes to purchased items (e.g. self-assembly, installation of equipment and accessories).
(d) The warranty period applicable to claims for defects shall be 12 months from the delivery of the item in question. By way of derogation from the above, the statutory warranty period of two years shall apply to any claims for damages due to intentional or grossly negligent breaches of duty or culpable injury to life, limb or health. The statutory limitation period in the case of recourse against the supplier (recourse by a trader) remains unaffected.
11.3 We shall only assume any guarantees if this is explicitly stated for the selected product. The details of each guarantee can be found in the relevant guarantee conditions. Any guarantees shall apply in addition to statutory warranty rights.
12. Agreements on Returns for Traders
If the customer is a trader, the following applies with regard to returns: Unless there is a warranty claim, any goods may only be returned with our prior, written consent; the returned goods must be accompanied by a copy of the invoice. In such cases, the return shipping costs must be borne by the customer. Unless otherwise agreed, the customer shall also be obliged to pay 15% of the purchase price in such cases.
13. Cancellation Right for Consumers
If the customer is a consumer who enters into a contract with us via our website, the customer shall be entitled to cancel their order under the following conditions:
Cancellation Policy
The customer shall be entitled to cancel the contract within fourteen days without stating their reason for doing so. The fourteen-day cancellation period shall begin on the day the goods are handed over to the customer or a third party designated by the customer, excluding the carrier. In case of a contract for several goods that are requested by the customer as part of a single order and that are delivered separately, the fourteen-day cancellation period shall begin on the day the last goods are handed over to the customer or a third party named by the customer, excluding the carrier.
In order to exercise the cancellation rights described above, the customer must send us a clear statement (e.g. a letter sent by post, fax or email) regarding their decision to withdraw from the contract; we can be contacted as follows: Reimo Reisemobil-Center GmbH, Lieferzentrum, Abt. Retouren, Am Rotböll 17-19, D-64331 Weiterstadt; Fax: +49 6150 8662-329; Tel.: +49 6150 8662367; Email: [email protected]). The customer may use the attached cancellation form template, but this is not mandatory.
In order to meet the deadline, the customer must merely submit the statement outlining their intention to cancel the contract before the end of the cancellation period.
Ramifications of cancellation:
If the customer cancels the contract, we shall reimburse any payments received from the customer, including shipping costs (except for any additional costs incurred if the customer does not choose our cheap standard shipping); we shall make the refund immediately – and at the latest within fourteen days of receiving notification of their intention to cancel the contract. We shall make the refund with the same payment method used by the customer for the original transaction, unless alternative arrangements are explicitly agreed with the customer; under no circumstances shall the customer be charged any fees for the refund.
We may refuse to make a refund until we have received the returned goods or until the customer has provided evidence to prove that the goods have been returned, whichever comes first.
The customer must return or hand over the goods immediately – and at the latest within fourteen days of notifying us of the cancellation of the contract. The deadline shall be met if the customer sends off the goods before the end of the fourteen-day period. The costs directly associated with the return shipment shall be borne by the customer. If goods cannot be sent by parcel and cannot be returned normally by post, we shall offer to collect the goods from the customer at our expense.
The customer must only pay for any depreciation of the goods if the loss of value is caused by the use of the goods in a manner that is not necessary to check their quality, properties and functionality.
Part III: Special Provisions for Services Involving Work Performed on Items Not Procured By Us
14. Customer’s Obligation to Cooperate
14.1 If the customer places an order for the provision of services involving work performed on items not procured by us, the customer must make the vehicle available to us at the agreed time in a condition suitable for performing the work.
14.2 If the vehicle needs to be cleaned before the work specified in the order can be performed, and if the cleaning is done by us, we shall be entitled to invoice the customer for this.
14.3 In the case of orders involving assembly, the vehicle must be in factory or standard condition and must be delivered in a completely empty state. We shall not be liable for any moving parts found in the vehicle contrary to this agreement, unless the customer can prove that we are guilty of intent or gross negligence. An additional charge shall be incurred for any work required to create or compensate for this condition (e.g. damaged vehicle).
14.4 In the case of orders involving assembly and repair, the cost estimate may be exceeded by up to 15% if any unforeseen circumstances arise during the work and we are unable to consult the customer at short notice. The customer’s rights pursuant to Section 649 BGB shall otherwise remain unaffected.
14.5 Unless otherwise agreed, we shall immediately dispose of any removed parts for a fee.
15. Collection and Acceptance
15.1 The customer shall be obliged to collect the object of the order no later than one week after receiving notification that the order is complete. The customer shall be obliged to formally accept the work performed in accordance with the contract. Unless otherwise agreed, the formal acceptance procedure with the customer shall take place at our registered office. The customer must not refuse acceptance due to insignificant defects.
15.2 In the event of non-acceptance, we shall be entitled to assert our statutory rights without restriction. In particular, we shall be entitled to charge the usual local storage costs. If the customer defaults on acceptance, the risk shall be transferred to the customer.
16. Warranty for Services Involving Work Performed on Items Not Procured By Us
If any service involving work performed on items not procured by us proves to be inadequate, the customer shall be able to assert their statutory warranty rights; however, the customer shall only be able to assert any claims for damages to the extent specified in Section 5 above. The warranty period shall be one year from acceptance. By way of derogation from the above, the statutory warranty period shall apply to any claims for damages due to intent, gross negligence or culpable injury to life, limb or health.
Part IV: Final Provisions
17. Place of Jurisdiction and Applicable Law
17.1 If the customer is a merchant, a legal person incorporated under public law or an investment fund incorporated under public law, the courts at our registered office shall be the place of jurisdiction for any disputes arising from or in connection with the contract. This agreement on the place of jurisdiction applies exclusively to the customer. We shall also be entitled to take legal action against the customer at their general place of jurisdiction.
17.2 These terms and conditions are subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer whose habitual residence is located in a country other than Germany at the time the order is placed, however, the application of the mandatory legal provisions of the country in question shall remain unaffected by the choice of law identified in the first sentence.
18. Dispute Resolution in Consumer Contracts
18.1 The European Commission has created an online dispute resolution platform that serves as a point of contact for the out-of-court settlement of disputes with consumers in relation to contractual obligations arising from online contracts. This is available here: http://ec.europa.eu/consumers/odr/.
18.2 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board under the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG).
19. Severability Clause
If any provisions of these terms and conditions prove to be ineffective, this shall have no bearing on the effectiveness of the remaining provisions. Any ineffective provisions shall be replaced by the statutory provisions.
Last updated: August 2020