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Online withdrawal form

Contract identification via e.g. order ID, sales order ID, invoice ID

Note: This English page is provided for information only. The German version of these terms and conditions is legally binding.

As of: 01.12.2018
1. Scope
The following General Terms and Conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is a 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.

With regard to entrepreneurs, these General Terms and Conditions also apply to future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.
2. Conclusion of the contract
The presentation of the goods in the online shop does not constitute a binding offer by the provider to conclude a purchase contract. The customer is merely invited to submit an offer by placing an order.
By submitting the order in the online shop, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping basket. By submitting the order, the customer also accepts these terms and conditions as solely authoritative for the legal relationship with the provider.
The provider confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet constitute acceptance of the contractual offer by the provider. It merely serves to inform the customer that the order has been received by the provider. Acceptance of the contractual offer is declared by delivery of the goods or an express declaration of acceptance.

3. Contract language, storage of the contract text
The language available for concluding the contract is German.
The contract text is not stored by us.
4. Delivery conditions
Shipping costs may be added to the stated product prices. Further details on any shipping costs can be found with the offers.
You generally have the option of collecting the goods from Risto Vending GmbH, Zum Schlahn 12, 51709 Marienheide, Germany, during the following business hours: Monday to Friday 8 a.m. to 5 p.m., except on public holidays.
5. Payment
The following payment methods are generally available in our shop:
Amazon Pay
PayPal
Direct debit
Prepayment
If you choose prepayment, we will send you our bank details in a separate e-mail.
6. Retention of title

The goods delivered remain the property of the provider until full payment has been made.

7. Due date

Payment of the purchase price is due upon conclusion of the contract, unless otherwise agreed in writing.

8. Warranty

The customer's warranty rights are governed by the general statutory provisions, unless otherwise stipulated below. The provisions of these General Terms and Conditions apply to claims for damages by the customer against the provider.
For consumers, the limitation period for the customer's warranty claims is 2 years for newly manufactured goods and 1 year for used goods. For entrepreneurs, the limitation period is 1 year for newly manufactured goods and 2 weeks for used goods. The above shortening of the limitation periods does not apply to claims for damages by the customer arising from injury to life, body or health, or to claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
The provider does not assume any guarantee.

9. Exclusion of liability

Claims for damages by the customer are excluded, unless otherwise stipulated below. The above exclusion of liability also applies in favour of the provider's legal representatives and vicarious agents if the customer asserts claims against them.
Excluded from the exclusion of liability specified in section 1 are claims for damages arising from injury to life, body or health and claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract. Also excluded from the exclusion of liability is liability for damage based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
The provisions of the German Product Liability Act (ProdHaftG) remain unaffected.

10. Prohibition of assignment and pledging

The assignment or pledging of claims or rights to which the customer is entitled against the provider is excluded unless the provider agrees in writing. The provider is only obliged to give consent if the customer demonstrates a legitimate interest in the assignment or pledging.

11. Set-off

The customer only has a right of set-off if their counterclaim has been legally established or is undisputed.

12. Choice of law and place of jurisdiction

The contractual relationships between the provider and the customer are governed by the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.

13. Severability clause

Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected.

14. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/.
We are willing to participate in out-of-court dispute resolution proceedings before a consumer arbitration board.
The competent body is the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de.

Note: This English page is provided for information only. The German version is legally binding.

Right of withdrawal

Consumers have a fourteen-day right of withdrawal.
You can withdraw your contractual declaration within 2 weeks without stating reasons in text form (e.g. letter, fax, e-mail) or – if the goods are handed over to you before the deadline expires – by returning the goods. The period begins after receipt of this instruction in text form, but not before the goods are received by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfilment of our information obligations pursuant to § 312c (2) BGB in conjunction with § 1 (1), (2) and (4) BGB-InfoV and our obligations pursuant to § 312e (1) sentence 1 BGB in conjunction with § 3 BGB-InfoV. Timely dispatch of the withdrawal or the goods is sufficient to comply with the withdrawal period.
The withdrawal must be addressed to:
Risto Vending GmbH
Managing Director: Klaus Risto
Zum Schlahn 12
51709 Marienheide
Germany
Phone: +49 2264 200 99 50
Fax: +49 2264 200 99 59
E-mail: info@risto-vending.com
VAT ID: DE 259373084

Consequences of withdrawal:
In the event of an effective withdrawal, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the services received to us in whole or in part, or only in a deteriorated condition, you may have to compensate us for the loss in value. In the case of the handing over of goods, this does not apply if the deterioration of the goods is solely due to their inspection – as would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for deterioration caused by the intended use of the goods by not using the goods as your own property and refraining from anything that impairs their value. Goods that can be sent by parcel are to be returned at our risk. You have to bear the costs of the return.
For goods which, due to their nature, cannot be returned normally by post, the consumer must organise the return transport themselves and bear the costs of the return.
Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of withdrawal or the goods, and for us with their receipt.
Special notes:
In the case of a service, your right of withdrawal expires prematurely if your contractual partner has begun to perform the service with your express consent before the end of the withdrawal period or if you have initiated this yourself.