General terms and conditions

1. scope of application
The following General Terms and Conditions (GTC) apply to all orders placed using the form on our product pages. Our order offer is directed exclusively to consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 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 his commercial or self-employed professional activity.

2. contracting party, conclusion of contract

The purchase contract is concluded with Traumrausch, Rauschert & Rauschert GbR.

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The presentation of the products on our website does not constitute a legally binding offer, but a non-binding online catalog. By filling out the form and sending it via button, a purchase offer is made by the consumer.  The confirmation of receipt of your order request will be sent by e-mail immediately after sending the order. The confirmation of the order and thus the acceptance of the purchase offer is made by a separate mail.

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With the confirmation of the order you will receive an invoice with the presentation of the payment options.

3. contract language, contract text storage, place of jurisdiction

The language available for the conclusion of the contract is English.
We store the contract text and send you the order data and our terms and conditions by e-mail. The individual contract text is no longer available on the Internet. However, you can still find the GTC on our website.

For disputes arising from the contract via the forms on our website later, Stuttgart (Germany) is agreed as the exclusive jurisdiction.

4. delivery conditions

We deliver only within Europe via shipping. A self-collection of the goods is unfortunately not possible.
In addition to the stated product prices, shipping costs may be incurred (see form). We deliver the ordered goods as a shipment with DHL (without tracking) - usually within a few days. We do not deliver to packing stations.

5. reservation of proprietary rights
The goods remain our property until full payment

6. transport damages
If goods are delivered with obvious transport damage, please complain about such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

7. Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply. In the case of used goods, if the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects occurring within one year of delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.

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The above restrictions and shortening of the period shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents,

in case of injury to life, body or health,
in case of intentional or grossly negligent breach of duty as well as fraudulent intent,
in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
within the scope of a guarantee promise, if agreed, or
insofar as the scope of application of the German Product Liability Act is opened.
Information on any applicable additional warranties and their exact conditions can be found with the product and on our website.

8. liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

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in case of injury to life, body or health,
in case of intentional or grossly negligent breach of duty,
in the case of warranty promises, insofar as agreed, or
insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

9. online dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.