General Terms and Conditions for the online shop
of RNT Rausch GmbH
§ 1 Subject matter of the contract, scope of application
RNT Rausch GmbH, Im Stöck 4a, 76275 Ettlingen, Germany, (hereinafter also referred to as "RNT"), develops, produces and sells server and storage systems and the associated infrastructure, such as active network components (hardware and software, hereinafter also referred to as "products"), plans individual IT infrastructures, advises customers in technical matters and offers operating solutions for data. RNT supplies, installs and administrates server and storage solutions including the associated active network components (hereinafter also referred to as "Services").
These General Terms and Conditions for our online shop ("Shop GTC") apply to all orders placed in the RNT online shop. For all other transactions, our regular General Terms and Conditions shall apply. These can be found on the RNT website in German https://rnt.de/agb/ and English https://rnt.de/gb/gtc/ .
Orders in the online shop of RNT are reserved for business customers who have reached the age of 18 and are entrepreneurs in the sense of § 14 I BGB (German Civil Code). An entrepreneur in this sense means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession. A partnership with legal personality is a partnership that has the capacity to acquire rights and to incur liabilities.
These Shop GTC shall apply exclusively; any Terms and Conditions of the customer that conflict with or deviate from these Shop GTC shall not become part of the contract unless RNT has expressly agreed to their validity in writing. These Shop GTC shall also apply if RNT delivers products or performs services without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
§ 2 Registration, user account and data protection
In order to send an order in the online shop of RNT, the customer must first register at the shop domain http://shop.rnt.de. The customer is obligated to truthfully provide all requested company and personal data, in particular first name and surname, confirmation of his majority, postal address, e-mail address, telephone number as well as name and address of the company. Following the data entry, the Customer shall receive a confirmation link from RNT by e-mail. The registration of the Customer is only completed by clicking on the link (double opt-in). The customer shall notify RNT immediately of any changes to his data, unless all claims existing between the contractual partners from online orders have been met in full.
The data shall remain stored in a user account until revoked. The customer shall protect this account with a password when registering his data. The Customer himself is responsible for ensuring the confidentiality of this account and password and for restricting access to his computer and mobile devices. He must ensure that the password is kept secret and stored securely. The Customer is responsible for the activities in and with his user account. Should the Customer notice any unauthorised use of his password or user account, he must immediately change his password at https://shop.rnt.de/my-account .
The Customer is prohibited from misusing the Online Shop, interrupting, damaging or otherwise impairing the ordering service or access to it. It is also prohibited to use the order service for fraudulent purposes or in connection with a criminal offence or illegal activity or to cause annoyance, inconvenience or fear.
RNT reserves the right to withhold the order service from individual customers or close user accounts. This applies in particular in the event that the customer violates applicable law or contractual agreements.
The data protection provisions of RNT shall explain how the personal data of the customers shall be handled and how the data shall be protected. The data protection information can be found here in English https://rnt.de/gb/data-protection-notice/ and in German https://rnt.de/datenschutzhinweise/
§ 3 Offer and conclusion of contract, offer documents
The presentation in the online shop does not constitute a binding offer to conclude a sales contract. Rather, it is a non-binding invitation to the customer to submit an offer. The cost estimates given are also subject to change.
The Customer submits the binding offer after completing the registration process by clicking the "Place order" button.
After receipt of the purchase offer, the Customer shall receive an automatically generated e-mail in which RNT confirms that the order has been received. This confirmation of receipt serves only to inform the Customer and does not represent an acceptance of the purchase offer.
The purchase contract shall only be concluded when RNT expressly declares acceptance of the purchase offer by sending an order confirmation. It shall also come into existence if RNT hands over the product to the customer or a transport person without an express declaration of acceptance in accordance with § 7 of these shop terms and conditions.
§ 4 Intellectual property
RNT reserves the property rights and copyrights to illustrations, drawings, calculations and other documents in any form. This shall also apply to such documents that are designated as "confidential". The customer shall require the express written consent of RNT before passing them on to third parties.
§ 5 Rights of use, licences
RNT shall either be the owner of the rights to the contractual products or shall be authorised by the owner of the rights to resell or to further develop and exploit the products.
1. RNT products
With regard to RNT's own products, the customer shall receive the non-exclusive, non-transferable right of use to use the product for the contractual purpose (licence). Restrictions regarding the scope and duration of the right of use are specified in the individual contractual agreement; in the case of the purchase of products, the licence shall be granted for an unlimited period of time after payment of the agreed remuneration by RNT. The customer shall not be entitled to change or remove existing copyright notices. The licence does not include the right to edit and/or change the products.
2. third-party products
RNT will transfer to the customer the end-user licences on third party products provided by the licensors. The Customer's rights of use and any third-party marketing of the Products shall be governed by the Licensors' end user licenses
§ 6 Prices, terms of payment, right of retention
The product prices stated in the online shop and the prices agreed in the purchase contract are net prices and do not include transport and delivery costs, statutory value added tax and customs duties.
Basically, the payment methods credit card, Wire and Paypal are offered. For each order RNT reserves the right not to offer certain payment methods and to refer to other payment methods.. The available payment methods are shown on the order confirmation or the proforma invoice (draft invoice).
The customer shall only be entitled to offsetting rights if his counterclaims have been legally established, are undisputed or have been recognised by RNT.
A right of retention on the part of the customer is excluded, unless the customer's counterclaim originates from the same contractual relationship and is undisputed or has been recognised by RNT.
The assignment of the customer's claims against RNT is excluded.
§ 7 Delivery and service
If delivery periods have been stated by RNT and made the basis for placing the order, the periods shall be extended in cases of force majeure, namely for the duration of the delay. RNT shall not be bound by agreed delivery periods if the customer changes his order after placing the order. If delivery periods are nevertheless to be binding, they shall require a new agreement.
RNT shall only bring the goods for delivery if the agreed remuneration has been received in full by RNT within the period specified by RNT; if the customer does not pay within this period, RNT shall be entitled to withdraw from the contract.
In principle, RNT shall deliver "ex works / EXW" in accordance with Incoterms 2020, i.e. RNT shall fulfil its obligation to perform by making the goods available to the customer for collection at the registered office of RNT. If a delivery "Delivered to named place / DAP" in accordance with Incoterms 2020 was agreed upon as an additional service in the order, RNT shall make the goods available to the customer on the arriving means of transport ready for unloading at the place of destination. RNT bears the export clearance costs. If the customer is in default of acceptance, this shall be deemed equivalent to handover. The customer shall inform RNT of any damage, loss or other defects of the consignment within five days of receipt of the consignment.
RNT must be notified of non-obvious defects immediately, i.e. without culpable delay after receipt of knowledge.
RNT shall be entitled to have service and support services provided by third-party companies.
§ 8 Retention of title and security rights
RNT shall retain title to the products until all claims from the current order have been settled in full.
The customer is permitted to process and/or sell the products delivered by RNT. In the event of processing, the customer shall transfer the ownership of the created product to RNT and, in the event that the customer processes the product with other products that have been purchased and are subject to extended reservation of ownership, the customer shall transfer the co-ownership in a ratio that corresponds to the value of the product of RNT to the value of the other products that are subject to extended reservation of ownership and processed. In return for the consent to the sale, the customer assigns his (future) claim against his (future) customer to RNT upon conclusion of the contract with RNT, in the case of prior processing in accordance with the co-ownership share of RNT; RNT accepts the assignment. RNT authorises the customer to collect the claim from his customer in his own name, but on behalf of RNT.
The right of the customer to demand a reduction of these security rights from RNT shall remain unaffected.
If the customer acts in breach of the contract, in particular in default of payment or if circumstances exist that make the occurrence of the insolvency grounds specified in the Insolvency Act appear possible, RNT may - without prejudice to other rights - withdraw from the contract and demand the return of the reserved goods. The customer shall be obliged to inform RNT immediately of any access by third parties (e.g. through seizure) as well as damage to or destruction of the products subject to retention of title.
§ 9 Acceptance
If acceptance is agreed in connection with the provision of services by RNT, RNT shall notify the customer in text form of the completion of the services. The customer shall inform RNT in text form within a period of one week, from the date of the notification of completion, whether the service will be accepted and shall name any defects that have been discovered. If this notification is omitted, acceptance shall be deemed to have taken place after the expiry of one week, unless the customer refuses acceptance because the services are not essentially in accordance with the contract. Acceptance may only be refused because of substantial defects.
§ 10 Warranty
RNT warrants within the framework of the statutory provisions and in compliance with the following provisions that its products and services comply with the contractual specifications, are not defective and are suitable for normal use.
The warranty for a software programme shall include the function of the programme under normal use and the compliance with specifications expressly agreed in the contract. If a programme is delivered without agreement of explicit specifications, RNT shall only guarantee that the programme information describes the programme correctly and that the programme can be used in accordance with the programme information. Furthermore, RNT guarantees in the case of specially created software that the software corresponds to the recognised state of the art at the time of acceptance and does not have any significant defects. RNT does not guarantee uninterrupted or error-free operation of the programme or the elimination of all programme errors. RNT shall neither guarantee the fault-free operation of a third-party product nor that RNT shall remedy all defects or is able to prevent interruptions or unauthorised access by third parties.
The customer shall describe any defects that occur in detail and report them to RNT. Defects in the goods shall always be documented in a meaningful manner; in the case of software defects, in particular, displayed error messages shall be documented and RNT shall be notified. The customer shall support RNT in the elimination of defects.
RNT shall be entitled at its own discretion to rectify the defect or to deliver a replacement. RNT shall be entitled to inspect the products at the premises of the customer or RNT at its own discretion. At the request of RNT, the product complained about shall be returned to RNT. The customer shall have the right to reduce the purchase price in the event of failure of at least 3 attempts at subsequent performance, insofar as the defect has a significant influence on the function of the overall system; the right to withdraw from the contract shall be excluded. If an error is due to software that RNT purchases and installs on the product, the End User License Agreement (EULA) of the respective software manufacturer shall apply in addition.
If the customer acquires products from RNT for which the manufacturer or distributor offers services such as hotlines or similar, the customer is obliged to first make use of these services in case of problems. The same shall apply accordingly in the event of the existence of special warranty rights (e.g. factory warranties) of the manufacturer or distributor.
Irrespective of the following limitations of warranty, the statutory claims of the customer for defects shall remain unaffected in the case of damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), as well as in the case of other damages based on an intentional or grossly negligent breach of duty by RNT or its vicarious agents.
In addition, the customer's claims for defects shall be limited as follows:
- The warranty period shall be one year from delivery (purchase contract/work delivery) or acceptance (work contract).
- Any warranty is excluded if the customer himself changes the delivered product or parts thereof without the consent of RNT or has it changed by third parties and the elimination of the defect is thereby made impossible or unreasonably difficult. In any case, the customer shall bear the additional costs incurred thereby.
Before carrying out removal of defects, the customer shall be responsible for removing all components and products not installed by RNT and for making backup copies of files and programmes.
§ 11 Liability
RNT shall be liable for damages resulting from intentional or grossly negligent breach of contract as well as for damages resulting from slightly negligent breach of essential contractual obligations. In the latter case, the liability of RNT shall be limited to the damage typically foreseeable at the time of conclusion of the contract. RNT shall not be liable for slightly negligent breach of insignificant contractual obligations. RNT shall be liable for consulting services only to the extent that the question concerned the content of the offer.
The customer shall be obliged to prevent unintentional changes to his data or their loss by means of regular, at least daily data backups. In particular, before any intervention in his existing hardware and software system, he shall take the measures for data backup that are possible and reasonable according to the latest state of the art and for protection against unintentional data changes or data loss. If the customer fails to take these measures, RNT's liability shall be limited only to the amount of the expenditure for restoring the changed or lost data from a proper, in particular machine-readable data backup.
The liability of RNT for damages from injury to life, body or health due to culpable and for other damages due to at least grossly negligent breach of duty shall remain unaffected by the limitations of liability in this paragraph. A breach of duty and a fault of RNT shall be equivalent to those of the legal representatives or vicarious agents.
§ 12 Declarations
Legally relevant declarations and notifying customers to RNT shall require text form.
§ 13 Confidentiality
The parties undertake to maintain silence for an indefinite period of time about all circumstances that they receive in connection with the conclusion and execution of the contract and to use the information obtained exclusively within the framework and for the purposes of the performance of the contract. Excluded from this obligation of secrecy are such circumstances which are or become publicly known. The contractual partners may only make the contents of the contract available to employees and/or other third parties to the extent that this is necessary for the performance of the contract.
§ 14 Final provisions
Exclusive place of jurisdiction for all disputes arising from and in connection with this contract is Karlsruhe, Germany. The law of the Federal Republic of Germany shall apply exclusively, excluding the provisions of the uniform UN Convention on Contracts for the International Sale of Goods and excluding German international sales law. Should provisions of these Shop GTC and/or the contract be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In place of the ineffective provision(s), the respective legal regulation shall then apply.