Conditions of Use

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability for defects
9. Applicable law
10. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Jan Meininghaus, doing business as “Rumble59” (hereinafter “Seller”), apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial activities nor to their self-employed professional activities.

1.3 For the purposes of these Terms and Conditions, a “business entity” is a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activities.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but rather serve as a basis for the customer to submit a binding offer.

2.2 The customer may submit an offer using the online order form integrated into the seller’s online store. After adding the selected items to the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the items contained in the shopping cart by clicking the button that finalizes the order process.

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 email), in which case the date the customer receives the order confirmation is decisive, or
• by delivering the ordered goods to the customer, in which case the date the customer receives the goods is decisive, or
• by requesting payment from the customer after the customer has placed the order.

If more than one of the aforementioned alternatives applies, the contract is formed at the time the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close 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 a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to PayPal’s Terms of Service, available at https://www.paypal.com/ de/legalhub/paypal/useragreement-full or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 When an order is placed using the Seller’s online order form, the Seller will store the contract text after the contract is concluded and send it to the customer in writing (e.g., via email, fax, or letter) after the customer submits the order. The seller will not make the contract text available in any other way. If the customer has created a user account in the seller’s online store before submitting their order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the appropriate login credentials.

2.6 Before submitting a binding order via the seller’s online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Various languages are available for entering into the contract. The specific language options are displayed in the online store.

2.8 Order processing is generally handled automatically via email. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address.

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 listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs related to the transfer of funds may also apply even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the customer in the seller’s online store.

4.4 If you select a payment method offered through the “PayPal” payment service, the payment will be processed by PayPal, which may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal under which the seller advances payment to the customer (e.g., purchase on account or installment payments), the seller assigns its payment claim in this regard to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the customer data provided. The seller reserves the right to deny the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed-upon payment period or in the agreed-upon payment installments. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, notices of withdrawal and related shipments, or credit memos.

5) Delivery and shipping conditions

5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing system shall be decisive for the transaction.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises the right of withdrawal, the provisions set forth in the seller’s withdrawal policy shall apply to the costs of returning the goods.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the customer until the goods are handed over to the customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer—even in the case of consumers— as soon as the seller has delivered the goods to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, the carrier, or the other person or entity designated to carry out the shipment, and the seller has not previously identified this person or entity to the customer.

5.4 If the customer is a consumer domiciled in Germany or a business entity, the seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller. However, this applies only if the seller is not responsible for the non-delivery and has entered into a specific offsetting transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be notified immediately and the purchase price will be refunded without delay.

5.5 Pickup by the customer is not possible for logistical reasons.

6) Retention of title

If the seller makes an advance delivery, the seller reserves ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise specified in the following provisions, the statutory provisions governing liability for defects shall apply. Notwithstanding the foregoing, the following applies to contracts for the delivery of goods:

7.1 If the customer is acting as a business,

• the seller may choose the method of subsequent performance;
• for new goods, the statute of limitations for claims for defects is one year from delivery of the goods;
• for used goods, claims for defects are excluded;
• tthe statute of limitations does not restart if a replacement delivery is made under the warranty for defects.

7.2 The limitations of liability and shortened time limits set forth above do not apply

• for the customer’s claims for damages and reimbursement of expenses,
• in the event that the seller fraudulently concealed the defect,
• for goods that were used in accordance with their customary use in a structure and caused its defectiveness,
• for any obligation the seller may have to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, with respect to business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.

7.5 If the customer is a consumer, they are requested to file a complaint with the delivery service regarding any goods delivered with obvious transport damage and to notify the seller thereof. Failure by the customer to do so shall have no effect on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims—including tort claims—for damages and reimbursement of expenses as follows:

8.1 The seller shall be liable without limitation on any legal basis

• in cases of willful misconduct or gross negligence,
• in cases of intentional or negligent injury to life, body, or health,
• based on a warranty promise, unless otherwise specified in this regard,
• based on mandatory liability, such as under the Product Liability Act.

8.2 Depending on whether the customer is a consumer residing in Germany or a business, the following limitations of liability apply:

If the seller negligently breaches a material contractual obligation, its liability is limited to foreseeable damages typical for this type of contract, unless it bears unlimited liability in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the seller, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract; and on whose compliance the customer may reasonably rely. In all other respects, the seller’s liability is excluded, unless the seller is liable without limitation in accordance with the preceding paragraph.

8.3 The foregoing liability provisions also apply with respect to the Seller’s liability for its vicarious agents and legal representatives.

9) Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

10) Alternative dispute resolution

The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.