A. General Terms and Conditions
The following General Terms and Conditions ("GTC") govern the contractual relationship between the
Ricoma Europe GmbH
Ferdinand-Porsche-Ring 13
63110 Rodgau, Germany
Phone: +49 6106 660 2930 
Email address: Ferdinand-Porsche-Ring 13, 63110 Rodgau
Email address: Ferdinand-Porsche-Ring 13, 63110 Rodgau
Management: Legal Representative: Mr. Guofeng Ma
Commercial register: HRB 128106
VAT-ID-No.: DE362782094
("we", "us") and their customers ("you", "your") when ordering goods.
1. Scope of application
We will execute your order in accordance with our GTC valid at the time of the order. Our current GTC are also available on our website (https://ricoma.com/DE) under the heading "GTC". These GTC can therefore also be viewed, downloaded, saved and printed during the ordering process.
You are a consumer if the purpose of ordering the goods and services cannot be predominantly attributed to your commercial or independent professional activity.
In contrast, trader is any natural or legal person or partnership with legal personality that is acting in the exercise of its commercial or independent professional activity when concluding the contract.
Our GTC shall apply exclusively to the entire contractual relationship between you and us. Any deviating, contradictory or supplementary GTC provided by you shall only become part of the contract if and to the extent that we have expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if we carry out the delivery to you without reservation in the knowledge of your GTC.
2. Offers and conclusion of contract
2.1 The presentation and advertising of articles in our catalogs or in the web shop on our website does not constitute a legally binding offer to conclude a purchase agreement, but rather an invitation to you to order the products described.
2.2 Our offers are non-binding, unless otherwise expressly agreed in writing.
2.3 The following special features apply to orders in our web shop:
(i) Orders in our web shop are only possible for registered users with their own user account.
Only natural persons or legal entities with unlimited legal capacity are permitted to register a user account. The registration of a legal entity may only be carried out by an authorized natural person. This person must be named during the registration process.
The mandatory information requested during registration must be answered truthfully by you. If this mandatory information changes after registration has been completed, you are obliged to inform us of the changed data immediately.
Your personal access data is only intended for you and must not be disclosed to third parties.
(ii) We accept no liability for damages or disadvantages that you may suffer due to incorrect, outdated or incomplete information.
(iii) We reserve the right to assert such claims against you that arise from our reliance on the truthfulness, completeness or timeliness of the information.
(iv) You can delete your user account at any time. Our privacy policy applies to the further storage of your personal data.
(v) An offer submitted by you is only binding when you click on the "Order with costs" button.
The information provided during the ordering process can be checked for input errors before submitting the order and can be partially or completely corrected or deleted using the corresponding symbols. The offer can only be submitted if these GTC have been accepted beforehand.
(vi) Upon receipt of your order, we will immediately send you an email confirming receipt of your order . This automatically generated email is for your information only and does not constitute acceptance of your offer.
(vii) The text of the contract (consisting of the order, GTC and declaration of acceptance) is stored by us. Direct access is not possible for security reasons. However, as a registered user, you can log in with your user name and password to access your profile, address and order history and edit them if necessary.
(x) We are not obliged to accept a registration or order. We are not obliged to keep our homepage, your user account or our web shop permanently available. Contracts that have already been concluded remain unaffected by this.
2.4 A binding contract is only concluded when we declare our express acceptance of your order. If we do not your offer is not accepted within seven (7) calendar days, the offer shall be deemed rejected and a contract shall not be concluded. No purchase agreement is concluded for products that are not listed in the declaration of acceptance or that are not dispatched.
2.5 The contract may be concluded in German and English.
3. Prices and information on shipping
3.1 All prices quoted are in Euros and include statutory VAT. The parties may individually agree payment in another currency. In such a case, the current daily exchange rate from EUR to the respective foreign currency shall apply. Unless otherwise agreed individually, the prices shall be exclusive of packaging and shipping; these shall be invoiced separately in accordance with the provisions of Section 3.4.
We reserve the right to make price changes to any prices stated in a price list. The prices at the time of the order shall always apply.
3.2 We only deliver to countries that are available for selection in the current order process.
3.3 We deliver goods in stock within the periods specified below in section 3.4. For clarification: Delivery periods may vary if the products are not in stock, if a delivery volume of more than 7.5 tons is reached, if the respective transport company delays delivery or if there is a case of force majeure.
If no copies of the selected product are available at the time of your order, we will inform you immediately and indicate the expected delay in delivery.
3.4 The following rules apply to delivery times for products in stock as well as packaging and shipping costs:
(i) For deliveries of goods outside the European Union, import duties (customs duties) may be incurred. We shall not be liable for such customs duties.
(ii) The costs for packaging and shipping vary from case to case and depend on the volume and weight of the products.
(iii) Deliveries within Germany are made within 5 to 10 working days (Monday to Friday).
(iv) Deliveries outside Germany are made within 5 to 20 working days (Monday to Friday).
3.5 The delivery time for products in stock shall be calculated from the time of order confirmation and shall be extended appropriately if the delivery is affected by the cases mentioned in section 3.3 or force majeure. We will inform you separately about the duration of the delay.
Force majeure shall include, in particular, cases of subsequent difficulties in procuring materials, riots, strikes, lockouts, operational disruptions, fire, natural disasters, epidemics, pandemics, transportation hindrances, changes in statutory provisions, official measures or regulations or the occurrence of other unforeseeable events that are beyond our control and have not been culpably caused by us.
Should one of the cases described above occur, we will inform you immediately. If the impediment to performance in cases of force majeure persists for longer than four weeks, you are entitled to withdraw from the contract. We will then immediately refund any payments already made by you. No further claims, in particular claims for damages, shall exist in this case. This does not apply if we are liable due to intentional or grossly negligent behaviour, nor in the case of warranties or in the event of a breach of essential contractual obligations due to simple negligence or in accordance with the provisions of the Product Liability Act.
3.6 If you order a product that was available according to the item description and we are not supplied with this product by our suppliers through no fault of our own, although we have concluded a specific covering transaction, we may withdraw from the contract. We will then inform you and refund any purchase price already paid without delay.
3.7 We are entitled to make partial deliveries or render partial services, provided that this does not unreasonably prejudice your conflicting interests.
In the case of partial deliveries, we will bear the additional shipping costs incurred so that you do not incur any further costs.
3.8 The following applies to consumers: The risk of accidental loss and accidental deterioration of the goods in the case of sale by dispatch shall pass to you or a recipient selected by you when the goods are handed over to you.
3.9 The following shall apply to entrepreneurs: The risk of accidental loss and accidental deterioration of the goods shall pass to you upon handover to the shipper.
4. Terms of payment
4.1 The respective purchase price is due immediately upon conclusion of the contract, unless otherwise agreed individually. Payment shall be deemed to have been made when we can freely dispose of the amount.
4.2 If you fail to pay by the due date, the outstanding amounts shall bear interest at the statutory default interest rate from the due date. The assertion of further damages in the event of default remains unaffected. In this respect, the statutory provisions shall apply.
4.3 We accept payments via wire transfer
The payment options available to you may be restricted, regardless of your place of residence, if the so-called "fraud score" determined by the service providers we use in this regard indicates an increased risk of payment default.
4.4 If payment is made in advance, the respective invoice amount must be transferred to our account within seven (7) days. In case of payment in advance, the stated delivery times shall only apply once the full amount has been credited to our account. We will inform you of this separately. If the invoice amount is not credited to our account in full and on time, we may withdraw from the contract.
4.5 You are only entitled to set-off rights if your counterclaims have been legally established, are undisputed or have been recognized by us.
You are only authorized to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.
5. Reservation of title
5.1 The goods delivered by us shall remain our property until the purchase price has been paid in full.
5.2 If you are in arrears with the payment of the purchase price, we have the right to withdraw from the purchase agreement after setting an unsuccessful deadline for payment of the purchase price and to demand that you return the goods not yet paid for.
5.3 You are obliged to treat the goods that have not yet been paid for in full with care. If maintenance and inspection work is required, you must carry this out in good time at your own expense. We reserve the right to assert claims for damages.
5.4 In the event of seizure or other interventions by third parties, you must notify us immediately in writing.
5.5 If you are a trader, you are entitled to resell the goods delivered under reservation of title to third parties in the ordinary course of your business.
By concluding the purchase agreement, you assign all claims arising from the resale or for any other legal reason to us as security. We accept the assignment.
You remain entitled to collect this claim as long as you are not in default of payment to us. If this occurs, we are entitled to withdraw the direct debit authorization. In this case, you are obliged to provide us with all necessary information so that we are able to collect the claim against the customer ourselves. We are entitled to withdraw the resale and collection authorization if you are in considerable payment difficulties or have filed for insolvency or the opening of composition proceedings.
If the realizable value of the securities to which we are entitled exceeds the claims to be secured by more than 20%, we shall assign claims to the value of the excess amount back to you at our discretion. The selection of the released securities is at our discretion.
6. Warranty
6.1 For contracts concluded with consumers, the warranty is governed by the statutory provisions of sales law.
We accept no liability for damage or defects resulting from improper use, operation and storage, negligent or incorrect care and maintenance, overuse or improper repair by an unauthorized service partner.
6.2 The warranty period for material defects shall be reduced to one (1) year vis-Ă -vis traders. This shall not apply if a case of mandatory liability (in particular Section 478 of the German Civil Code (BĂĽrgerliches Gesetzbuch, BGB) exists. Claims for damages remain unaffected by the shortened limitation period.
Traders are obliged to inspect the respective object of purchase immediately and with due care and to check whether it has been provided in perfect condition and in full. Obvious defects, shortages or excess quantities must be reported immediately in writing.
Non-obvious defects must be reported to us in writing no later than eight (8) days after detection of the defect.
The timely dispatch of the notice of defects shall be sufficient to meet the period. If you violate your obligation to inspect and give notice of defects, the assertion of warranty claims is excluded.
The provisions on the obligation to give notice of defects shall not apply if the defect was fraudulently concealed.
7. Liability
7.1 We shall only be liable for damages - irrespective of the legal grounds - in the event of intent, gross negligence and slightly negligent breach of material contractual obligations by us, our legal representatives or our vicarious agents. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance you regularly rely and may rely.
7.2 In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to compensation for foreseeable damage typical of the contract. In particular, indirect damages shall not be compensated.
7.3 The above limitations of liability shall not apply to damages culpably caused by us, our legal representatives or our vicarious agents arising from injury to life, limb or health, a guarantee given by us or liability under the Product Liability Act.
8. Right of withdrawal
8.1 Consumers have a statutory right of withdrawal for off-premises contracts or in case of distance contracts. The relevant instructions and a sample withdrawal form can be found at the end of these GTC under Section B.
8.2 In the event of withdrawl, you must bear the direct costs of the return shipment.
9. Advertising by email
If we have received your email address in connection with the purchase of a product, we will send you advertising for similar products by email from time to time. If you no longer wish to receive such advertising emails, you can object to this use of your email address at the following email address: info.europe@ricoma.com. This will not incur any costs other than the transmission costs according to the basic rates. In the event of an objection, we will no longer use your email address for direct advertising.
10. Final provisions
10.1 The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 If you are a merchant within the meaning of commercial law, a legal entity under public law or a special fund under public law, the place of jurisdiction for all claims arising from or on the basis of this business relationship, including those arising from bills of exchange and checks, shall be Rodgau. In this case, we are also entitled to take legal action at the court responsible for your registered office.
10.3 Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. In this case, the contracting parties are obliged to replace an ineffective provision with one that comes closest to the economic purpose of the ineffective provision and is effective.
10.4 These GTC, including the annexes, are only offered in German. Possible translations of the GTC serve only as an aid to understanding. In the event of disputes or questions of interpretation, only the German version of the GTC shall be authoritative.
11. Online dispute resolution and consumer arbitration boards
The European Commission provides a platform for online dispute resolution, which can be accessed via the following link https://ec.europa.eu/consumers/odr.
Our email address is info.europe@ricoma.com.
We are neither obliged nor willing to participate in out-of-court dispute resolution proceedings before a consumer arbitration board in accordance with the VSBG.
Status: July 2024
B. Policy for Withdrawl
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise the right to withdrawl, you must inform us (Ricoma Europe GmbH, Ferdinand-Porsche-Ring 13, 63110 Rodgau, Deutschland, email: info.europe@ricoma.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawl
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For the refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
You must return or hand over the goods to us [Ricoma Europe GmbH, Ferdinand-Porsche-Ring 13, 63110 Rodgau, Deutschland, E-Mail: info.europe@ricoma.com] immediately and in any case within fourteen days at the latest from the day on which you inform us of the withdrawl of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
Sample withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it to us).
To Ricoma Europe GmbH, Ferdinand-Porsche-Ring 13, 63110 Rodgau, Germany, email: info.europe@ricoma.com:
Hereby
I/we (*) withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate
