Terms and Conditions

Terms and Conditions rema.germany GmbH

As of: 30.09.2026

1. General

1.1 These General Terms and Conditions (hereinafter: "Terms and Conditions") apply to all business relationships of rema.germany GmbH (hereinafter: "we" or "us") with our customers (hereinafter: "Customer"), as well as to all deliveries, services and orders for goods via our 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.com, rema-germany.de, rema-germany.eu, rema-germany.dk, rema-germany.uk, rema-germany.be, rema-germany.cz.

1.2 These Terms and Conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Customer shall only become part of the contract to the extent that we have expressly agreed to their validity. This consent requirement applies in all cases, for example even if we carry out delivery to the Customer without reservation in the knowledge of the Customer's general terms and conditions.

1.3 These Terms and Conditions also apply to all future transactions of a similar nature with the Customer, without us having to refer to them again in each individual case.

1.4 Our product range is aimed exclusively at business customers. For the purposes of these Terms and Conditions, a business customer is a natural or legal person or a partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity (Section 14 (1) BGB).

1.5 Individual agreements made with the Customer in specific cases (including ancillary agreements, supplements and amendments) shall in all cases take precedence over these Terms and Conditions. Subject to proof to the contrary, a written contract or our written confirmation shall be authoritative for the content of such agreements.

1.6 Legally relevant declarations and notifications that the Customer must make to us after conclusion of the contract (e.g. setting of deadlines, notification of defects, declaration of withdrawal or reduction) require written form 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. Conclusion of Contract

2.1 Our offers are subject to change and non-binding. This also applies if we have provided the Customer with catalogues, technical documentation (e.g. drawings, plans, calculations, references to DIN standards), other product descriptions or documents – including in electronic form – to which we reserve property rights and copyrights.

2.2 When ordering goods according to the Customer's special requirements (hereinafter: "Custom-Made Items"), we reserve the right to over- or under-deliver. The Customer has no contractual right of return for Custom-Made Items; this does not affect the Customer's statutory warranty rights in the event of defects in the Custom-Made Item. Stock clearance agreements do not apply to Custom-Made Items.

2.3 By placing an order, the Customer makes a binding offer to purchase the product in question. We may accept the offer within three working days of receipt of the order.

2.4 We will confirm receipt of the order without delay. This confirmation does not constitute acceptance of the offer contained in the order. The offer is only deemed accepted by us once we declare acceptance to the Customer (by email, fax) or dispatch the goods. The purchase contract with the Customer is only concluded upon our acceptance. Verbal assurances from us before conclusion of the contract are legally non-binding and any verbal agreements between the contracting parties are replaced by the written contract, unless it is expressly stated in each case that they remain binding.

2.5 When ordering via our online shops, the ordering process comprises six steps in total. In the first step, the Customer selects the desired goods. In the second step, the Customer enters their customer data including billing address and, if applicable, a different delivery address. In the third step, the Customer selects their payment method. In the fourth step, the Customer has the opportunity to check all details (e.g. name, address, payment method, items ordered) once more and correct them if necessary. In the fifth step, these Terms and Conditions are accepted by the Customer by clicking the "Accept Terms and Conditions" button. In the sixth step, the binding offer is submitted by the Customer to us by clicking "Submit Order".

3. Subject of Delivery

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 characteristics are set out in the descriptions provided there. Images on our website may only reproduce the items approximately; they serve merely as illustrative material and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as accurately as possible, but may show the usual deviations. These characteristics described there do not constitute a defect in the products we supply.

3.3 The scope of delivery does not generally include manuals and drawings. The provision of technical data sheets, drawings, plans and other product descriptions or documents – including in electronic form – is otherwise made without any warranty.

4. Delivery Period and Delay in Delivery

4.1 Delivery is made ex our warehouse, which is also the place of performance. At the Customer's request and expense, the goods will be shipped to another destination (contract for sale by delivery to a place other than the place of performance). Unless otherwise agreed, we are entitled to determine the method of dispatch (in particular transport company, shipping route, packaging) ourselves.

4.2 In the case of sale by delivery to a place other than the place of performance, the ordered items will be delivered immediately, provided they are available ex stock and only while stocks last. The delivery time is approximately 5 working days. We indicate any deviating delivery times on our respective product page. Our compliance with the delivery time presupposes that all commercial and technical questions between the contracting parties have been clarified and that the Customer has fulfilled all obligations incumbent upon them, such as payment of a deposit. If this is not the case, the delivery time shall be extended appropriately. This does not apply insofar as the delay is our responsibility.

4.3 Compliance with the delivery deadline is subject to the proviso of correct and timely self-supply by our suppliers. If we are unable to meet the delivery deadline for reasons for which we are not responsible due to incorrect or late self-supply by our suppliers despite having concluded a congruent hedging transaction, we are entitled to withdraw from the contract. We will inform the Customer without delay about the unavailability of the delivery item and, in the event of withdrawal, refund the corresponding consideration without delay.

4.4 The delivery deadline is met if the delivery item has been handed over to the forwarding agent, carrier or other person or institution designated to carry out the dispatch before it expires. If the Customer collects the delivery item themselves, the delivery deadline is met if we have informed the Customer before it expires that the delivery item is ready for collection.

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 failure to meet the delivery deadline is due to an event of force majeure or other events not foreseeable at the time of conclusion of the respective contract (e.g. industrial disputes, in particular strikes and lockouts) for which we are not responsible, 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. Transfer of Risk, Acceptance, and Default of Acceptance

5.1 The risk of accidental loss and accidental deterioration of the goods passes to the Customer upon handover. By way of derogation, in the case of sale by delivery to a place other than the place of performance, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay passes to the Customer as soon as the goods are delivered to the forwarding agent, carrier or other person or institution designated to carry out the dispatch. Handover is equivalent to the Customer being 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 claim compensation for the resulting damage including additional expenses (e.g. storage costs).

6. Prices and Payment Terms

6.1 Unless otherwise agreed in individual cases, our prices current at the time of conclusion of the contract apply, ex warehouse, plus any applicable statutory VAT.

6.2 In addition to the prices stated 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 goods ordered and is 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 delivery to a place other than the place of performance, the goods are regularly dispatched in shipping boxes provided by us. The shipping boxes remain our property. A deposit is charged for the shipping boxes, which depends on the type and scope of the shipping box. Old Parts in accordance with Section 11 must only be returned in the shipping box if this was previously made available by us when dispatching the ordered goods. After return, the previously charged deposit amount will be refunded in full by way of a credit note.

6.5 The purchase price in accordance with Section 6.1 and the deposit amount in accordance with Section 6.2 are due for payment within 10 days of invoicing and delivery. Notwithstanding the preceding sentence, however, we are entitled to make a delivery for objective reasons (e.g. justified doubts about the Customer's ability to pay on time) only against advance payment; we will notify the Customer of such a reservation without delay after becoming aware of the objective reason.

6.6 Upon expiry of the above payment period, the Customer is in default. During the period of default, the purchase price is subject to interest at the applicable statutory default interest rate. We reserve the right to assert further damages for default. Our claim to commercial maturity interest (Section 353 HGB) remains unaffected vis-à-vis merchants.

6.7 The Customer is only entitled to rights of set-off or retention insofar as their claim has been legally established or is undisputed. In the event of defects in the delivery, the Customer's counterclaims, in particular in accordance with Section 8, remain unaffected.

6.8 For deliveries to other EU member states, the Customer must notify us of their valid VAT identification number without delay after conclusion of the contract, but at the latest before invoicing, and, at our request, provide all documents required to prove the tax exemption of the intra-Community supply completely and without delay. If the Customer fails to fulfil their obligations in accordance with the preceding sentence or fails to do so properly and the tax exemption is consequently denied to us, the Customer shall bear the resulting VAT burden including any interest and late payment surcharges and shall indemnify us against claims by the tax authorities, unless we have not exercised the care of a prudent businessman in providing evidence.

7. Retention of Title

7.1 Until full payment of all our present and future claims against the Customer arising from the purchase contract and an existing business relationship with them (hereinafter: "Secured Claims"), we reserve ownership of the goods sold (hereinafter: "Reserved Goods").

7.2 The Reserved Goods may not be pledged to third parties or transferred as security before the Secured Claims have been settled in full. The Customer must notify us immediately in writing if and to the extent that third parties access the Reserved Goods.

7.3 In the event of conduct by the Customer contrary to the contract, in particular non-payment of the purchase price due, we are entitled to withdraw from the contract in accordance with the statutory provisions or/and to demand return of the Reserved Goods on the basis of the retention of title. The demand for return does not at the same time include the declaration of withdrawal; rather, we are entitled merely to demand 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, unless such a deadline is dispensable under the statutory provisions.

7.4 The Customer is authorized, until our revocation in accordance with Section 7.4.3 below, to resell and/or process the Reserved Goods in the ordinary course of business. In this case, the following provisions apply in addition.

7.4.1 The retention of title extends to the products resulting from processing, mixing or combining the Reserved Goods to their full value, whereby we are deemed to be the manufacturer. If, in the event of processing, mixing or combining with goods of third parties, their property rights remain, we acquire co-ownership in the ratio of the invoice values of the processed, mixed or combined goods. In all other respects, the same applies to the resulting product as to the Reserved Goods.

7.4.2 The Customer hereby assigns to us as security, in full or to the extent of our possible co-ownership share in accordance with the preceding paragraph, the claims against third parties arising from the resale of the Reserved Goods or the product. We accept the assignment. The Customer's obligations stated in Section 7.2 above also apply with regard to the assigned claims.

7.4.3 The Customer is authorized to collect these claims against third parties arising from the resale of Reserved Goods or the product until our revocation. We are entitled in particular to revoke this collection authorization if the Customer fails to meet their payment obligations to us, there is a deficiency in their ability to perform or we assert our rights under Section 7.3 above. After revocation, the Customer is obliged, at our request, to provide us with all information necessary for collection regarding the assigned claims and their debtors, including the documents required for enforcement, and to notify their debtors (third parties) of the assignment.

7.4.4 If the realizable value of the security exceeds the value of the Secured Claims by more than 10%, we will release security of our choice at the Customer's request.

7.5 Insofar as the legal system of a state to which the delivery items are to be delivered or to which they are to be taken by the Customer or a third party after delivery imposes special requirements on the effectiveness of the retention of title, in particular vis-à-vis the Customer's creditors, the Customer must take all necessary measures without delay to ensure that the retention of title is effectively established and remains in place until the purchase price is paid in full. The Customer bears the costs arising from this.

7.6 If the legal system of a state to which the delivery items are to be delivered or to which they are to be taken by the Customer or a third party after delivery does not permit retention of title, but does permit the reservation or establishment of other (security) rights in the delivery items, we are entitled to establish and exercise all corresponding rights of this kind instead of retention of title. The Customer is obliged to cooperate in all measures that we consider necessary to protect our property rights or other rights in the delivery item.

8. Warranty Claims of the Customer

8.1 The Customer's rights in the event of material defects and defects of title are governed by the statutory provisions, unless otherwise specified below.

8.2 The Customer's defect claims presuppose that they have complied with their statutory duties to inspect and give notice of defects (Sections 377, 381 HGB). If a defect becomes apparent to the Customer upon delivery, inspection or at any later time, they must notify us of this immediately in writing. In any case, obvious defects (including incorrect and short delivery) must be notified to us in writing at the latest within two weeks of delivery, and defects not recognizable during inspection within two weeks of discovery, whereby timely dispatch of the notification is sufficient to meet the deadline. If the Customer fails to carry out the inspection required under this paragraph or to give proper notice of defects, the goods are deemed approved with regard to the defect not notified or not notified in time or not properly notified. The Customer may then no longer assert defect claims in this respect.

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 bear the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labor and material costs, if a defect actually exists. However, if a Customer's request for remedy of defects proves to be unjustified, we may demand reimbursement of the resulting costs from the Customer, unless the absence of defectiveness was not recognizable to the Customer.

8.7 In urgent cases, e.g. in the event of a risk to operational safety or to avert disproportionate damage, the Customer has the right to remedy the defect themselves and to demand reimbursement from us of the expenses objectively necessary for this purpose. We must be notified of such self-remedy without delay, if possible beforehand. The right to self-remedy does not exist if we would be entitled to refuse corresponding subsequent performance in accordance with the 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 caused by

  1. unsuitable or improper use,
  2. incorrect assembly or commissioning by the Customer or third parties,
  3. natural wear and tear,
  4. incorrect or negligent handling, or
  5. improper maintenance and unsuitable operating materials.

Our selection of types and determination of sizes can always only be regarded as a recommendation, since knowledge of the specific requirement profiles for our product for the respective specific case of application lies with the Customer.

8.11 If use of the delivery item leads to infringement of industrial property rights or copyrights in Germany, we will in principle procure the right for the Customer to continue use 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 conditions stated, we also have a right to withdraw from the contract. In addition, we will indemnify the Customer against undisputed or legally established claims by the relevant property rights holders. The obligations on our part stated above are, subject to Section 9, conclusive in the event of infringement of property rights or copyrights. They only exist if:

  • the Customer informs us without delay of asserted infringements of property rights or copyrights,
  • 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,
  • all defense measures, including out-of-court settlements, are reserved to us,
  • the defect of title is not based on an instruction from the Customer, and
  • the infringement of rights was not caused by the Customer having modified the delivery item on their own authority or having used it in a manner not in accordance with the contract.

9. Other Liability

9.1 Unless otherwise provided in these Terms and Conditions, including the following provisions, we are liable for 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 – without limitation in the event of intent and gross negligence. In the event of simple negligence, we are only liable

  1. for damages arising from injury to life, body or health, and
  2. for damages arising from breach of a material contractual obligation (an obligation the fulfillment of which makes proper performance of the contract possible in the first place and on compliance with which the contracting party regularly relies and may rely); in this case, however, our liability is limited to compensation for foreseeable, typically occurring damage.

9.3 The limitations of liability arising from Section 9.2 do not apply insofar as we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods. The same applies to claims by the Customer under the Product Liability Act.

9.4 Due to a breach of duty that does not consist of a defect, the Customer may only withdraw or terminate if we are responsible for the breach of duty. The Customer's free right of termination (in particular in accordance with Sections 650, 648 BGB) is excluded. Otherwise, the statutory requirements and legal consequences apply.

10. Limitation Period

10.1 By way of derogation from Section 438 (1) No. 3 BGB, the general limitation period for claims arising from material defects and defects of title is one year from delivery.

10.2 The above limitation periods under sales law also apply to the Customer's contractual and non-contractual claims for damages based on a defect in the goods, unless application of the regular statutory limitation period (Sections 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 in accordance with Section 9.2 sentence 1, Section 9.2 sentence 2 lit. a) and Section 9.3.

11. Return of Old Parts

11.1 Unless otherwise agreed in individual cases, the Customer is entitled to return Old Parts to us in accordance with the provisions of this Section 11 below. An Old Part within the meaning of these Terms and Conditions is a defective or worn part removed by the Customer from a vehicle that has been or is to be replaced by a functionally corresponding Exchange Part purchased from us; the origin of the Old Part is irrelevant, unless the Old Part criteria for the respective Exchange Part specify otherwise.

11.2 Each Old Part provided by the Customer is subject to our technical inspection. This inspection determines whether the Old Part meets the Old Part criteria applicable to the respective Exchange Part. The Old Part criteria are supplied with the delivery item, can be accessed on our website for each product and will be made available to the Customer by us on request. The requirements stated in the Old Part criteria represent minimum requirements. If an Old Part meets the relevant Old Part criteria, it is generally deemed to be in a condition suitable for remanufacturing. However, the final assessment of the Old Part's suitability for remanufacturing is made by us in each individual case in accordance with recognized technical standards for vehicle part remanufacturing.

11.3 If our technical inspection shows that the Old Part meets the relevant Old Part criteria and is in a condition suitable for remanufacturing, we accept the Old Part and accept the Customer's offer to transfer ownership of the Old Part made when the Old Part was dispatched or handed over to us. The Customer receives a refund of the deposit amount calculated in accordance with Section 6.2 for the corresponding Exchange Part in accordance with Sections 11.5 and 11.6 below. If the Old Part only partially meets the Old Part criteria, we are entitled to reduce the deposit amount proportionately according to the degree of non-fulfillment. The relevant reduction criteria are set out in the respective Old Part criteria.

11.4 If our technical inspection shows that the Old Part does not meet the relevant Old Part criteria or is not in a condition suitable for remanufacturing, we refuse to accept the Old Part and inform the Customer after completion of our inspection of this and that we will, at their choice, return the Old Part to them at their expense, recycle it or dispose of it. If the Customer does not notify us of their choice in text form within 14 days of our aforementioned notification, we will return the Old Part to them at their expense.

11.5 The Customer may generally return an Old Part within 24 months of the invoice date of the corresponding Exchange Part. However, the Customer only has a claim to credit of a deposit amount paid in accordance with Section 6.2 if the following conditions of this Section 11.5 are met. A condition for crediting the deposit amount is that the Customer returns the Old Part within a period of three months from the invoice date of the corresponding Exchange Part and the number of Old Parts returned within this period corresponds to the number of similar Exchange Parts purchased from us in the same three-month period. In the absence of a deviating agreement, the deposit amounts are offset against the oldest open item within the respective Core Group. The Customer can view an overview of their Exchange Parts purchased from us and the currently assigned Old Parts (Core Balance) via the customer portal on our website or request it from us.

11.6 Old Parts that we cannot assign to a specific sales transaction or that the Customer returns outside the three-month period stated in Section 11.5 are transferred to a so-called "Core Bank". If the Customer purchases an equivalent Exchange Part in the Core Group within six months of receipt of the Old Part by us, a corresponding deposit credit will be issued. If the Customer does not purchase an equivalent Exchange Part in the Core Group within this period, the Old Part will be disposed of.

11.7 The Customer must return Old Parts – where available – using the shipping boxes provided by us or comparable shipping containers. In any case, the Customer must ensure transport-safe packaging and a suitable shipping method to avoid damage to the Old Part during transport. Insofar as the Old Part criteria require return in original packaging, the Customer must ship the Old Part in the original packaging.

11.8 We reserve the right to assert claims against the Customer for damage and additional expenses arising from the fact that the returned Old Part does not meet the relevant Old Part criteria or was improperly packaged or shipped.

12. Documents and Confidentiality

12.1 The Customer undertakes to treat all business or technical information made accessible by us (including characteristics that may be derived from objects, documents or software handed over and other knowledge or experience) as confidential. Without our prior written consent, the Customer may not pass on such confidential information to third parties either directly or indirectly.

12.2 The Customer will use the confidential information exclusively to fulfill their obligations under the contracts existing with us and will exercise reasonable care to prevent any unauthorized use or disclosure. The confidentiality obligation continues even after the end of the contracts existing between us and the Customer.

12.3 The confidentiality obligation does not apply to information that is or becomes publicly accessible without fault on the part of the Customer, that is developed by the Customer independently and without reference to the confidential information, or that must be disclosed due to statutory or official regulations, in the latter case provided that the Customer informs us without delay to enable us to take appropriate legal action.

12.4 At our request, the Customer will return or destroy all confidential information (including any copies or records made) and items loaned immediately and completely. We reserve all rights to the confidential information (including copyrights and the right to register industrial property rights such as patents, utility models, etc.).

12.5 The Customer ensures that access to confidential information is only granted to those persons in their business who need this information to fulfill their operational tasks and who are bound to secrecy.

13. Choice of Law, Jurisdiction and Final Provisions

13.1 These Terms and Conditions and all legal relationships between us and the Customer are governed by the law of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The conditions and effects of the retention of title in accordance with Section 7 above are subject to the law at the respective location of the item, insofar as the choice of law in favor of German law is inadmissible or invalid under that law.

13.2 The exclusive – including international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is determined by our registered office in Gescher. However, we are also entitled to bring an action at the Customer's general place of jurisdiction. The above provisions of this Section 13.2 do not apply if the applicable law provides for a different exclusive place of jurisdiction.

13.3 Should a provision of these Terms and Conditions be or become invalid, the validity of the remaining conditions shall not be affected. The contracting parties 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.