1.1 These General Terms and Conditions (T) apply to all business relationships with our customers (hereinafter: "Customer"), as well as to all deliveries, services, and orders of goods via the online shops rema-germany.se, rema-germany.pl, rema-germany.nl, rema-germany.lv, rema-germany.pt, rema-germany.no, rema-germany.lu, rema-germany.it, rema-germany.es, rema-germany.at, rema-germany.fr, rema-germany.pl, rema-germany.com, rema-germany.de, rema-germany.eu, rema-germany.dk, rema-germany.uk, rema-germany.be, rema-germany.cz of the company rema.germany GmbH, Schuckertstr. 4, 48712 Gescher.
1.2 Our T apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity. This requirement of consent applies in all cases, for example, even if we carry out the delivery to the Customer without reservation while being aware of the Customer's T
1.3 Our delivery conditions also apply to all future transactions with the Customer.
1.4 Our product range is directed exclusively at entrepreneurs. For the purposes of these General Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity (§ 14 para. 1 BGB).
1.5 Individual agreements made with the Customer in specific cases (including collateral agreements, supplements, and amendments) shall in all cases take precedence over these T A written contract or our written confirmation is decisive for the content of such agreements.
1.6 Legally relevant declarations and notifications to be submitted by the Customer to us after the conclusion of the contract (e.g., setting of deadlines, notifications of defects, declarations of withdrawal or reduction) must be in writing to be effective.
1.7 References to the validity of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly modified or expressly excluded in these T
2.1 Our offers are subject to change and non-binding. This also applies if we have provided the Customer with catalogs, technical documentation (e.g., drawings, plans, calculations, computations, references to DIN standards), other product descriptions, or documents – also in electronic form – to which we reserve ownership and copyrights.
2.2 When ordering special requirements, we reserve the right to over- or under-deliveries.
2.3 By placing an order, the Customer makes a binding offer to purchase the product in question. We can accept the offer until the end of the third working day following the day of the offer.
2.4 We will send the Customer a confirmation of receipt of the offer immediately after receiving the offer, which does not constitute an acceptance of the offer. The offer is only considered accepted by us as soon as we declare acceptance to the Customer (via email, fax) or dispatch the goods. The purchase contract with the Customer is only concluded upon our acceptance. Verbal promises by the seller before the conclusion of this contract are legally non-binding, and verbal agreements between the contracting parties are replaced by the written contract, unless it is expressly stated in each case that they continue to be binding.
2.5 When ordering via our online shops, the ordering process comprises a total of six steps. In the first step, the Customer selects the desired goods. In the second step, the Customer enters their customer data, including the billing address and, if applicable, a different delivery address. In the third step, the Customer chooses how they wish to pay. In the fourth step, the Customer has the opportunity to check all details (e.g., name, address, payment method, ordered items) again and correct them if necessary. In the fifth step, our general delivery and payment terms are accepted by the Customer by clicking the "Accept T" button. In the sixth step, the binding offer is sent to us by clicking on "Send order".
3.1 The subject of delivery consists of the goods specified in the order and in our order confirmation at the stated final prices.
3.2 For orders via our online shops, the quality results from the descriptions found there. Illustrations on our website may only represent the items inaccurately; they serve merely as illustrative material and may deviate from the product. Technical data, weight, dimensions, and performance descriptions are stated as accurately as possible but may show the usual deviations. These characteristics described here do not constitute a defect in the products delivered by our company.
3.3 The subject of delivery generally does not include manuals and drawings. Furthermore, the provision of technical data sheets, drawings, plans, and other product descriptions or documents – also in electronic form – which we make available to the Customer, is carried out to the exclusion of any warranty.
4.1 Delivery is ex-warehouse, which is also the place of performance. At the request and expense of the Customer, the goods will be shipped to another destination (sale by dispatch). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.
4.2 In the case of sale by dispatch, the ordered items will be delivered immediately, provided they are available from stock and only while stocks last. The delivery time is approx. 5 working days. We point out any deviating delivery times on our respective product page. Compliance with the delivery time by us presupposes that all commercial and technical questions between the contracting parties have been clarified and the Customer has fulfilled all obligations incumbent upon them, such as the payment of a deposit. If this is not the case, the delivery time shall be extended appropriately. This does not apply if we are responsible for the delay.
4.3 Compliance with the delivery period is subject to correct and timely self-delivery. We are entitled to withdraw from the contract in this respect. We will inform the Customer immediately about the unavailability of the delivery item and, in the event of withdrawal, immediately refund the corresponding consideration.
4.4 The delivery period is met if the delivery item has left our factory by its expiry or if readiness for dispatch has been notified.
4.5 If the shipment of the delivery item is based on delays for which the Customer is responsible, the costs incurred by the delay will be charged to them.
4.6 If non-compliance with the delivery time is due to force majeure, labor disputes, in particular strikes and lockouts, or other events, the delivery time shall be extended appropriately. We will notify the Customer of the beginning and end of such circumstances as soon as possible.
5.1 The risk of accidental loss and accidental deterioration of the goods passes to the Customer at the latest upon handover. In the case of sale by dispatch, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay already passes upon delivery of the goods to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. Handover is deemed to have occurred if the Customer is in default of acceptance.
5.2 If the Customer is in default of acceptance, fails to perform an act of cooperation, or if our delivery is delayed for other reasons for which the Customer is responsible, we are entitled to demand compensation for the resulting damage including additional expenses (e.g., storage costs).
6.1 Unless otherwise agreed in individual cases, our current prices at the time of conclusion of the contract apply, namely ex-warehouse, plus statutory VAT.
6.2 In addition to the prices under section 6.1. we charge a deposit on the exchange part to be delivered, which is calculated according to the type and scope of the ordered goods and will be refunded in accordance with section 11.
6.3 In the case of sale by dispatch, the Customer bears the transport costs from the warehouse and the costs of any transport insurance requested by the Customer. Any customs duties, fees, taxes, and other public charges shall be borne by the Customer. We do not take back transport and all other packaging in accordance with the Packaging Ordinance; they become the property of the Customer; pallets are excluded.
6.4 In the case of sale by dispatch, the goods are regularly shipped in shipping boxes provided by us. The shipping boxes remain our property. A deposit is charged for the shipping boxes, which is calculated according to the type and size of the shipping box. Old parts according to section 11 must be returned exclusively in the shipping box if this was provided by us in advance when the ordered goods were shipped. After return, the previously charged deposit will be refunded in full as part of a credit note.
6.5 The purchase price is due and payable within 10 days of invoicing within the FRG, otherwise within 30 days.
6.6 Upon expiry of the aforementioned payment period, the Customer shall be in default. During the period of default, interest shall be charged on the purchase price at the applicable statutory default interest rate. We reserve the right to assert further damages caused by default. Our claim to the commercial maturity interest (§ 353 HGB) remains unaffected towards merchants.
6.7 The Customer shall only be entitled to set-off or retention rights to the extent that their claim has been legally established or is undisputed. In the event of defects in the delivery, the counter-rights of the Customer, in particular according to section 8, remain unaffected.
7.1 We reserve title to the sold goods until full payment of all our current and future claims arising from the purchase contract and an ongoing business relationship (secured claims).
7.2 The goods subject to retention of title may neither be pledged to third parties nor transferred by way of security before full payment of the secured claims. The Customer must notify us immediately in writing if and to the extent that third parties access the goods belonging to us.
7.3 In the event of breach of contract by the Customer, in particular non-payment of the purchase price due, we are entitled to withdraw from the contract in accordance with statutory provisions and/or demand the return of the goods on the basis of the retention of title. The demand for return does not simultaneously include the declaration of withdrawal; rather, we are entitled to merely demand the return of the goods and reserve the right to withdraw. If the Customer does not pay the purchase price due, we may only assert these rights if we have previously set the Customer a reasonable deadline for payment without success or if such a deadline is dispensable according to statutory provisions.
7.4 The Customer is authorized to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall apply additionally.
7.4.1 The retention of title extends to the products resulting from the processing, mixing, or combining of our goods at their full value, whereby we are deemed the manufacturer. If, in the case of processing, mixing, or combining with goods of third parties, their right of ownership remains, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed, or combined goods. Otherwise, the same applies to the resulting product as to the goods delivered under retention of title.
7.4.2 The Customer hereby assigns to us as security the claims against third parties arising from the resale of the goods or the product in total or in the amount of our possible co-ownership share in accordance with the preceding paragraph. We accept the assignment. The obligations of the Customer mentioned in section 7.2 also apply in view of the assigned claims.
7.4.3 The Customer remains authorized to collect the claim alongside us. We undertake not to collect the claim as long as the Customer meets their payment obligations towards us, does not fall into default of payment, no application for the opening of insolvency proceedings has been filed, and there is no other deficiency in their ability to perform. If this is the case, however, we can demand that the Customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the associated documents, and notifies the debtors (third parties) of the assignment.
7.4.4 If the realizable value of the securities exceeds our claims by more than 10%, we will release securities of our choice at the Customer's request. It is presumed that the requirements of the preceding sentence are met if the estimated value of the securities to which the contractor is entitled reaches or exceeds 150% of the value of the secured claims. We have the choice between different security rights when releasing the securities.
7.5 Insofar as the legal system of a state into which the delivery items are to be delivered provides for special requirements as a prerequisite for the validity of the retention of title, in particular also towards the Customer's creditors, it is the Customer's task to do everything immediately so that the retention of title comes into existence and remains in effect until payment of the entire purchase price. The Customer shall bear any associated costs.
7.6 If the legal system of a state into which the delivery items are to be delivered does not permit retention of title but allows us to reserve other rights to the delivery item, we can exercise all rights of this kind. The Customer is obliged to cooperate in measures that we wish to take to protect our right of ownership or other rights to the delivery item.
8.1 The statutory provisions shall apply to the Customer's rights in the event of material and legal defects, unless otherwise specified below.
8.2 The Customer's claims for defects presuppose that they have complied with their statutory obligations to inspect and notify of defects (§§ 377, 381 HGB). If a defect appears during the inspection or later, we must be notified of this immediately in writing. Notification is deemed immediate if it is made within two weeks, whereby timely dispatch of the notification is sufficient to meet the deadline. Irrespective of this obligation to inspect and notify, the Customer must notify us in writing of obvious defects (including wrong and short deliveries) within two weeks of delivery, whereby timely dispatch of the notification is also sufficient here to meet the deadline. If the Customer fails to carry out the proper inspection and/or notification of defects, our liability for the non-notified defect is excluded.
8.3 If the delivered item is defective, we can first choose whether we provide supplementary performance by eliminating the defect (rectification) or by delivering a defect-free item (replacement delivery). Our right to refuse supplementary performance under the statutory requirements remains unaffected.
8.4 We are entitled to make the owed supplementary performance dependent on the Customer paying the purchase price due. However, the Customer is entitled to retain a part of the purchase price that is reasonable in relation to the defect.
8.5 The Customer must give us the time and opportunity required for the owed supplementary performance, in particular to hand over the rejected goods for testing purposes. In the event of a replacement delivery, the Customer must return the defective item to us in accordance with statutory provisions. Supplementary performance includes neither the removal of the defective item nor the re-installation if we were not originally obliged to install it.
8.6 We shall bear the expenses necessary for the purpose of testing and supplementary performance, in particular transport, travel, labor, and material costs (not: removal and installation costs), if a defect actually exists. However, if a request for defect rectification by the Customer turns out to be unjustified, we can demand reimbursement of the resulting costs from the Customer.
8.7 In urgent cases, e.g., if operational safety is endangered or to avert disproportionate damage, the Customer has the right to eliminate the defect themselves and demand reimbursement from us of the objectively necessary expenses. We must be notified immediately, if possible beforehand, of such self-remedy. The right of self-remedy does not exist if we would be entitled to refuse a corresponding supplementary performance according to statutory provisions.
8.8 If the supplementary performance has failed or a reasonable deadline to be set by the Customer for the supplementary performance has expired unsuccessfully or is dispensable according to statutory provisions, the Customer can withdraw from the purchase contract or reduce the purchase price. However, there is no right of withdrawal in the case of an insignificant defect.
8.9 Claims of the Customer for damages or reimbursement of futile expenses exist only in accordance with section 9 and are otherwise excluded.
8.10 We expressly assume no liability for material defects in the following cases:
1. unsuitable or improper use
2. faulty assembly or commissioning by the Customer or third parties
3. natural wear and tear
4. faulty or negligent treatment
5. improper maintenance and unsuitable operating materials.
8.11 If the use of the delivery item leads to the infringement of industrial property rights or copyrights in Germany, we will generally procure the right to further use for the Customer at our expense or modify the delivery item in a manner reasonable for the owner such that the infringement of property rights no longer exists. If this is not possible under economically reasonable conditions or within a reasonable period, the Customer is entitled to withdraw from the contract. Under the stated conditions, we also have a right to withdraw from the contract. Furthermore, we will indemnify the Customer against undisputed or legally established claims of the respective property right holders. Our aforementioned obligations are final for the case of property right or copyright infringement, subject to section 9. They exist only if:
1. The Customer informs us immediately of asserted property right or copyright infringements
2. The Customer supports us to a reasonable extent in defending the asserted claims or enables us to carry out the modification measures in accordance with the above conditions
3. All defense measures, including out-of-court settlements, remain reserved to us
4. The legal defect is not based on an instruction from the Customer
5. The infringement was not caused by the Customer having modified the delivery item without authorization or having used it in a manner not in accordance with the contract.
9.1 Unless otherwise stated in these T including the following provisions, we shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
9.2 We are liable for damages – regardless of the legal grounds – in the event of intent and gross negligence. In the case of simple negligence, we are only liable
1. for damages resulting from injury to life, body, or health
2. for damages resulting from the breach of an essential contractual obligation (obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to the compensation of the foreseeable, typically occurring damage.
9.3 The limitations of liability resulting from section 9.2 do not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods. The same applies to claims of the Customer under the Product Liability Act.
9.4 Due to a breach of duty that does not consist of a defect, the Customer can only withdraw or terminate if we are responsible for the breach of duty. A free right of termination of the Customer (in particular according to §§ 651, 649 BGB) is excluded. Otherwise, the statutory requirements and legal consequences apply.
10.1 Deviating from § 438 para. 1 no. 3 BGB, the general limitation period for claims arising from material and legal defects is one year from delivery.
10.2 The aforementioned limitation periods of sales law also apply to contractual and non-contractual claims for damages of the Customer based on a defect of the goods, unless the application of the regular statutory limitation (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases. The limitation periods of the Product Liability Act remain unaffected in any case. Otherwise, the statutory limitation periods apply exclusively to the Customer's claims for damages under section 8.
11.1 Unless otherwise agreed in individual cases, the Customer can return old parts that are in a remanufacturable condition to us under the following conditions against reimbursement of the deposit amount calculated according to section 6.2 and transfer ownership thereof to us.
11.2 Within a period of three months, the Customer can return old parts in the same number as they have purchased similar exchange parts from us within the same period. Upon request, we will create an overview for the Customer regarding the exchange parts purchased by them and the old parts already returned.
11.3
The Customer must ensure that only old parts in a remanufacturable condition are returned. The requirements for the remanufacturable condition of the old parts can be found in our technical data sheets, which will be made available immediately upon request.
Old parts must be returned to us as follows:
- Must correspond to the delivered part number
- Complete, without missing parts
- In no way disassembled or reassembled
- We generally accept
- no old parts with broken or damaged housing
- no corroded shafts, racks, and pistons
- The following applies as an exclusion for the individual product groups:
- Passenger car steering systems
- defective or destroyed covers
- defective or destroyed plugs / circuit board
- defective or destroyed attachments / holders
- missing parts
- defective or destroyed steering spindle
- Recirculating ball steering systems
- input shaft teeth defective
- output shaft thread defective
- output shaft teeth defective
- housing broken
- internal damage, e.g., due to accident
- Brake caliper
- must be complete
- Differentials
- housing must not be broken
- Steering cylinder
- piston rod must not be corroded
- Gearbox
- housing broken or damaged
- not run without oil (run dry or overheated)
- not disassembled and/or reassembled
- AS-Tronic modulators
- damage to the surface of the lower part
- damage to the surface of the upper part
- sensor damaged
- AS-Tronic Lite Powerpack
- electronics not present
- pump unit not present
- plug housing damaged
- mounting damaged
- I-Shift units
- damage to the plastic surface
- damage to the plugs or conductor path
- damage to the sensors
- Clutch actuator EPS III
- housing broken
- sensor destroyed
- plug destroyed
- Gear cylinder EPS III
- sealing surface damaged
- plug destroyed
- thread destroyed
- housing destroyed
- sealing cap destroyed / missing
- Range cylinder EPS III
- sealing surface damaged
- plug destroyed
- holder / housing destroyed
- sealing cap destroyed / missing
- EGR MODULES
- EGR module must be complete
- housing must be free of cracks, breaks, and cavitation
- check valve and throttle valve must not be cracked, broken, or worn out
Old parts from accident vehicles will only be credited subject to technical inspection/review.
These criteria are intended to serve as a guideline; however, not all defects are listed. Each
defect is checked on a case-by-case basis by our technicians.
11.4 The return of the old parts must take place exclusively in the shipping boxes sent by us, provided these were made available in advance. Furthermore, the Customer must ensure a proper shipping method and packaging.
11.5 We reserve the right to assert damages and expenses incurred by the shipment of old parts that do not meet the requirements of sections 11.2 – 11.4 against the Customer.
All business or technical information made accessible by us (including characteristics that can be inferred from objects, documents, or software provided, and other knowledge or experience) must be kept confidential from third parties, as long as and to the extent that it is not demonstrably publicly known. Within the Purchaser's own operations, such information may only be made available to those persons who are necessarily required for its use and who are also bound to confidentiality; it remains our exclusive property. Without our prior written consent, such information may not be reproduced or commercially used. Upon our request, all information originating from us (including any copies or records made) and items provided on loan must be returned to us immediately and completely or destroyed. We reserve rights to such information (including copyrights and the right to register industrial property rights such as patents, utility models, etc.). If this information has been made accessible to us by third parties, this reservation of rights also applies in favor of these third parties.
If you have consented to data processing, we process your personal data on the basis of Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, provided that special categories of data according to Art. 9 para. 1 GDPR are processed. In the event of express consent to the transfer of personal data to third countries, data processing is also based on Art. 49 para. 1 lit. a GDPR. If you have consented to the storage of cookies or to access to information in your terminal device (e.g. via device fingerprinting), data processing is additionally based on § 25 para. 1 TDDDG. Consent can be revoked at any time. If your data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6 para. 1 lit. b GDPR. Furthermore, we process your data if it is required to fulfill a legal obligation on the basis of Art. 6 para. 1 lit. c GDPR. Data processing may also be carried out on the basis of our legitimate interest according to Art. 6 para. 1 lit. f GDPR. Information about the respective legal basis applicable in each individual case is provided in the following paragraphs of this privacy policy.
13.1 During the initiation, conclusion, processing, and reversal of a purchase contract, data is collected, stored, and processed by us within the framework of the statutory provisions.
13.2 When visiting our website, the IP address currently used by your PC, date and time, the browser type and the operating system of your PC as well as the pages viewed by you are logged. However, it is not possible for us to draw conclusions about personal data, nor is it intended.
13.3 The personal data that the Customer provides to us, e.g., when placing an order or by email (e.g., their name and contact details), will only be processed for correspondence with the Customer and only for the purpose for which the Customer has provided the data to us. We only pass on their data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. For the processing of payments, we pass on their payment data to the credit institution commissioned with the payment.
13.4 We assure that we will not otherwise pass on the personal data of the Customer to third parties, unless we are legally obliged to do so or the Customer has expressly consented beforehand. Insofar as our company uses the services of third parties to carry out and process processing operations, the provisions of the Federal Data Protection Act are complied with.
13.5 Personal data that has been communicated to us via our website will only be stored until the purpose for which it was entrusted to us has been fulfilled. Insofar as commercial and tax law retention periods must be observed, the duration of storage of certain data can be up to 10 years.
13.6 Should the Customer no longer agree to the storage of their personal data or should it have become incorrect, our company will, upon a corresponding instruction, arrange for the deletion, correction, or blocking of the data within the framework of the statutory provisions. Upon request, the Customer will receive information free of charge about all personal data that we have stored about the Customer. For questions regarding the collection, processing, or use of personal data, for information, correction, blocking, or deletion of data, the Customer should please contact:
rema.germany GmbH, Schuckertstr. 4, 48712 Gescher
13.7 Insofar as we refer or link from our website to the websites of third parties, we cannot assume any guarantee or liability for the correctness or completeness of the content and the data security of these websites. Since we have no influence on the compliance with data protection regulations by third parties, you should check the respective privacy policies offered separately.
V14.1 For these T and all legal relationships between us and the Customer, the law of the Federal Republic of Germany shall apply to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The prerequisites and effects of the retention of title according to section 7 are subject to the law at the respective location of the item, insofar as the choice of law made in favor of German law is inadmissible or ineffective according to that law.
14.2 The exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be determined by our registered office in Gescher. However, we are also entitled to bring an action at the Customer's general place of jurisdiction.
14.3 Should a provision of these General Terms and Conditions be or become invalid, the validity of the remaining conditions shall not be affected thereby. The contracting partners are obliged to replace the invalid provision with a regulation that comes as close as possible to the economic purpose intended by the invalid provision.
You need to load content from reCAPTCHA to submit the form. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from Turnstile. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from Vimeo. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from YouTube. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou need to load content from reCAPTCHA to submit the form. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from Google Maps. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More Information
