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TERMS OF SERVICE

§ 1 PROVIDER IDENTIFICATION

Managing Director: Avi Benarush

RUSH GmbH
Stubaier Strasse 13
81739 München
GERMANY

E-mail:   info@rush-bags.com

Phone: +49 (0) 951 – 96 49 280

Fax: +49 (0) 951 – 96 49 282

Commercial register: Amtsgericht Bamberg

HRB 7491

VAT ID: DE287485820

(hereinafter referred to as RUSH BAGS)

 

§ 2 GENERAL CONDITIONS

1    All services provided by RUSH BAGS to the customer are exclusively based on the following   General Terms and Conditions.Deviating regulations, subject to subsequent verbal agreements, apply only insofar as they have been agreed in writing between RUSH BAGS and the customer. Verbal collateral agreements do not exist.

2    The following General Terms and Conditions (GTC) govern the contractual relationship between RUSH BAGS and consumers and entrepreneurs using RUSH BAGS ‘Internet offer (hereinafter referred to as “Buyer”) and the Commission’s case. The General Terms and Conditions also concern the use of the website of RUSH BAGS under rush-bags.com as well as all subdomains belonging to this domain. The valid version is valid at the time of the conclusion of the contract. The contract language is German.

3    The delivery area consists of the Federal Republic of Germany including the North German islands, which, depending on the chosen shipping method and provider, may be subject to an island surcharge, which may be indicated separately before the completion of the order process.

4    Consumers within the meaning of these terms of business are natural persons who enter into a business relationship with RUSH BAGS without their commercial or independent professional activity.

5    Entrepreneurs within the meaning of these terms of business are natural persons, legal entities or legal partnerships which enter into a business relationship with RUSH BAGS in the exercise of their commercial or independent professional activities.

 

§ 3 CONTRACT OF CONTRACT / REVENUE LAW

The following is a description of the individual technical steps leading to a conclusion of the contract.

1    The   RUSH BAGS products and price indications on the Internet represent a non-committal invitation to the customer to order goods from RUSH BAGS.

2    By placing the desired goods on the Internet, the customer makes a binding offer to conclude a purchase contract.

3    RUSH BAGS is entitled to accept this offer by sending a declaration of acceptance. The declaration of acceptance is made for orders placed in the Internet within 2 days by transmission of an e-mail, otherwise by letter or fax within 14 days. After the fruitless expiry of the period specified in sentence 2, the offer shall be deemed to be rejected. Irrespective of this, RUSH BAGS shall send the customer an order confirmation in accordance with the statutory provisions, which in itself does not constitute a declaration of acceptance with regard to the contract offer, unless the acceptance is explicitly declared in the order confirmation.

4    Consumers are entitled to the following right of revocation. RIGHT OF CANCELLATION

5    You have the right to revoke this agreement within a period of fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate who is not the carrier who has or has possessed the goods. In order to exercise your right of revocation, you must provide us with your name, your address and, if available, your telephone number,

6    Enter fax number and e-mail addressby means of a clear statement (eg a letter, fax or e-mail sent by mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required. In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.CONSEQUENCES OF REVISIONIf you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment as you have used in the original transaction, unless you have expressly agreed otherwise;in no case will you be charged for these repayment fees. We can refuse repayment,until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.You have the goods immediately and in any case no later than fourteenDays from the date on which you inform us of the revocation of this contract,to us 
 RUSH GmbH – Stubaier Strasse 13, 81739 München, GERMANY 
 to return or to hand over. The deadline is respected when you purchase the goods before   Expiry of the period of fourteen days.They bear the immediate cost of returning the goods.They must only pay for a possible loss of value of the goods,if this loss in value is attributable to a handling which is not necessary for the purpose of examining the nature, characteristics and mode of operation of the goods.END OF REVOCATION

 

§ 4 DELIVERY / MESSAGE OF TRANSPORTS / PACKAGE REDUCTION

1    The delivery takes place by sending the goods ex warehouse to the address notified by the customer. Self-collection of the goods is excluded unless explicitly agreed.

2    The delivery takes place against the packaging and shipping costs indicated under the heading “shipping costs”.

3    SHIPPING DAMAGE

4    The buyer is obliged to notify transport damages in the form of an externally recognizable damage to the goods when the goods are delivered with a sufficiently clear indication of the damage in text form against the freight carrier or freight forwarder and then inform RUSH BAGS. In case of doubt, we ask you to refuse acceptance of the goods in order to protect your rights. In the event of damage to the transport packaging, it is always requested to keep it or to document the damage in a suitable way.

5    If the purchaser purchases the object of purchase for his commercial or professional activity, the risk of accidental destruction and the accidental deterioration of the object of purchase is transferred to him as soon as RUSH BAGS delivers the goods to the freight forwarder, carrier or other person or institution Has.

6    REDEMPTION OF PACKAGING

7    According to the Packaging Ordinance, RUSH BAGS withdraws used sales packaging free of charge and makes it recyclable.RUSH BAGS only uses packaging that is made by the company

8th

9    GREEN CREDENTIALS – DUAL SYSTEM GERMANY GMBH Frankfurter Straße 720-726

10                51145 Köln-Porz, Germany, and has thus commissioned the company to take back environmentally friendly sales packaging. The customer can hand over the empty packaging free of charge at the acceptance points of the aforementioned company or give it to the waste paper or to the recycling of residual material.   The customer can request a pick-up point for packaging in his vicinity under the free service number +49 2203 937-0 or arrange a pick-up.

 

§ 5 PROPERTY RESERVATION, PROPERTY OF THE WORKMARK, EXTENDED PROPERTY RETENTION

1    The ordered goods remain the property of RUSH BAGS until complete payment. RUSH BAGS reserves the title to the delivered goods until full payment of all claims arising from the delivery contract.

2    In front   Proprietary transfer is not permitted by a pledge, security transfer, processing or transformation without the express consent of RUSH BAGS. If, however, the goods are purchased by a third party – by means of sovereign measures – they must be reported immediately to RUSH BAGS. RUSH BAGS is entitled to take back the purchased item if the buyer behaves in breach of contract. Insofar as the third party is not able to reimburse us for the court and extrajudicial costs of an action pursuant to § 771 ZPO, the buyer is liable for the loss incurred by RUSH BAGS.

3    The purchaser or purchaser is obligated, as long as the property has not yet passed on to him, to treat the purchased item carefully and to store it properly.

 

§ 6   PAYMENT, RETIREMENT, PAYMENT

1    The payment of the goods takes place optionally by PayPal, advance payment, direct debit or by means of credit card, if this is expressly offered in the internet offer. RUSH BAGS reserves the right to exclude certain forms of payment in individual cases.For the first two orders the delivery is only after payment in advance or credit card payment.

2    In the case of payment by prepayment, the customer undertakes to pay the purchase price plus the shipping costs immediately after conclusion of contract. In the case of payment by bank account, the customer guarantees that the specified account has sufficient cover.

3    If the customer is in default of payment, he is responsible for any negligence. He shall also be liable for accident on account of the performance, unless the damage would have occurred even in the case of timely performance.

4    Interest must be paid on the sales price during the delay. The default rate is five percentage points above the base rate for the year. In the case of legal transactions in which a consumer is not involved, the interest rate is eight percentage points above the base rate.

 

§ 7   PRICES, SHIPPING COSTS AND CUSTOMS FEES

1    The price stated in the product offer is the final price including VAT and other price components. The price includes shipping and handling. These are reported separately.

2    Updating the Internet pages of RUSH BAGS will invalidate all previous prices and other information on goods.

3    The price at the time of the delivery of the offer of the customer is decisive for the invoicing.

4    In the event of a revocation, the consumer shall bear the costs of the return as agreed, if the delivered goods correspond to the ordered goods

5    The indicated prices and shipping costs do not include the applicable customs fees and other charges and costs such as for the customs declaration, transport papers and insurance. This is the responsibility of the buyer, unless the contract explicitly stipulates a takeover by RUSH BAGS.

 

§ 8th   WARRANTY

1    Deviations in structure and color as compared to the product view shown in the Internet offer of RUSH BAGS are reserved, insofar as these are in the nature of the materials used, are customary in the trade or have taken place, for example, as a pure label transformation or the like.

2    WARRANTY FOR CONSUMERS

1                            RUSH BAGS warrants that the purchased item is free of defects when handed over. If, within six months from the date of delivery of the object of purchase, a deficiency in the goods is apparent, it is assumed that the latter had already been defective on delivery, unless this presumption is incompatible with the nature of the object of purchase or the defect. If the deficiency of the goods is only apparent after six months, the buyer must prove that the defect in the goods already existed when the object of purchase was handed over.

2                            If the object of purchase is defective upon delivery, the buyer has the choice of whether the supplementary performance is to be carried out by means of rework or replacement delivery. RUSH BAGS is entitled to refuse the type of the selected supplementary performance if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the buyer.

3                            If the supplementary performance fails, the buyer can, as a matter of principle, demand a reduction of the purchase price (reduction) or cancellation of the contract (withdrawal) as well as damages. In the case of minor defects, the purchaser is not entitled to rescind the contract.

3    GUARANTEE FOR BUSINESS COMPANIES

4    If the purchase is a commercial transaction for RUSH BAGS and the buyer, the buyer must immediately examine the delivered goods for quality and quantity deviations and to notify RUSH BAGS of any recognizable defects within a period of one week from receipt of the goods in writing; Otherwise the assertion of warranty claims is excluded. Concealed defects must be reported to RUSH BAGS in writing within one week of discovery. Deadline is sufficient for the timely dispatch. In this case, the purchaser shall bear the full burden of proof for all claims, in particular for the defect itself, for the time of the discovery of the defect and for the punctuality of the complaint.

5    The buyer’s claims for defects become time-barred after two years from delivery.

6    If RUSH BAGS delivers a defect-free purchased item for the purpose of supplementary performance, RUSH BAGS may demand reimbursement of the defective object of purchase from the buyer.

7    Damage caused by improper or non-contractual measures by the purchaser during installation, opening or storage does not constitute a claim against RUSH BAGS.

 

§ 9   RESIGNATION

1    RUSH BAGS shall also be entitled to withdraw from the contract in respect of an outstanding part of the delivery or service if false information about the creditworthiness of the buyer has been made or objective reasons have arisen regarding the insolvency of the buyer, eg the opening of insolvency proceedings on the assets of the buyer Buyer or the rejection of such a procedure due to lack of cost-covering assets. The buyer is given the possibility, prior to withdrawal, to make an advance payment or to provide a suitable security.

2    Without prejudice to any claims for damages, partial services already rendered in the event of partial withdrawal shall be settled and paid in accordance with the contract.

 

§ 10   LIMITATION OF LIABILITY

RUSH BAGS shall only be liable for damages other than those resulting from injury to life, body or health, insofar as these damages are based on intentional or grossly negligent acts or on the culpable violation of a substantial contractual obligation by RUSH BAGS or its vicarious agents. The contract is essentially an obligation which the proper execution of the contract is only possible in the first place and that the buyer can regularly trust to the compliance of the contract. Any further liability for damages is excluded. Claims from a guarantee given by RUSH BAGS regarding the quality of the purchased item and the Product Liability Act shall remain unaffected.

 

§ 11   DATA PROTECTION

All personal data necessary for the execution of the order are stored in a computer-readable form and in accordance with the data protection regulations   confidential. The data required for the processing of a contract, such as the name and address, will be passed on to the respective transport company as well as to the manufacturing workshops and the packaging and mailing companies as far as this is necessary for the fulfillment of the order.

 

§ 12   JURISDICTION

1    All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law applies only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The validity of UN purchasing law is excluded.

2    If the buyer is a merchant, a legal person of public law or a public special fund, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of RUSH BAGS in Frankfurt am Main. The same applies if the buyer does not have a general court of jurisdiction in Germany or if the place of residence or habitual residence is not known at the time the action is brought.

 

§ 13   SALVATORY CLAUSE

Should any provision of these General Terms and Conditions be or become invalid or unenforceable, the remaining provisions of these General Terms and Conditions shall remain unaffected thereby, unless a contracting party is unreasonably disadvantaged by the omission of individual clauses so that it can no longer be held liable to the contract.