Status: March 2022
1. Scope and amendment of these Terms and Conditions
1.1 For all contracts of Raiffeisen Rhein-Ahr-Eifel Handelsgesellschaft mbH (RRAE) with contractual partners (entrepreneurs and consumers) within the scope of the goods and services business, including future contracts, the following terms and conditions shall apply exclusively - unless deviating special terms and conditions have been agreed. The invalidity of individual conditions shall not affect the validity of the remaining conditions. The same shall apply if individual conditions do not become part of the contract.
1.2 Amendments to these terms and conditions shall be notified to the contractual partner in text form. They shall be deemed approved if the contracting partner does not object in text form. RRAE shall specifically draw the contracting partner's attention to this consequence when notifying him. The contracting partner must send the objection to RRAE within six weeks after notification of the changes.
2. Conclusion of Contract
If contracts with entrepreneurs are concluded subject to written or telex confirmation, the content of RRAE's confirmation letter shall be authoritative unless the recipient objects immediately.
3. Checking the Statement of Account
Statements of account prepared by RRAE shall be checked immediately by the entrepreneur for correctness, in particular with regard to the sales tax rate shown. RRAE must be notified in text form of any complaints or the display of an incorrect sales tax rate within 14 days of receipt of the statement. If RRAE does not receive any notification from the entrepreneur within the 14-day period, the sales tax rate shown by RRAE shall be decisive. In the event of a breach of the notification obligation, the entrepreneur shall be obligated to compensate RRAE in accordance with the statutory provisions.
4. Payment
4.1 Unless otherwise agreed, payment for deliveries and services of RRAE shall be made without any deductions immediately upon receipt of the invoice. In the case of delivery or performance on target, the term of payment shall be calculated according to the date of delivery or performance.
4.2 The contracting partner of RRAE may set off only those counterclaims that are not disputed by RRAE or have been legally established. The contracting partner of RRAE may not exercise a right of retention that is not based on the same legal relationship.
5. Current Account
5.1 All mutual claims arising from the business relationship can, if this is agreed separately, be placed in a current account, for which the provisions of §§ 355 ff. HGB shall apply. For business relations with farmers, the current account shall be deemed agreed.
5.2 Interest on current account receivables of RRAE shall be calculated according to an individual agreement reached with the customer. In this respect, RRAE shall be entitled to assess the respectively valid interest rate at its reasonable discretion on the basis of the individual business relationship (§315BGB). For customers who are not consumers (§13 BGB), the current account interest rate shall be at least 8 percentage points above the base interest rate. For RRAE's current account claims involving consumers, the current account interest rate shall be at least 5 percentage points above the base interest rate. In the event of default in payment by the customer, RRAE shall also be entitled to claim its further damages (§288 BGB).
5.3 RRAE's account statements as of March 31, June 30, September 30, and December 31 of each year shall be considered statements of account. The same applies to balance notices at the end of the fiscal year. The balance shall be deemed accepted if the account holder does not raise objections within 6 weeks of receipt of the statement of account. RRAE shall make special reference to this fact when sending the statement of account. Legal claims shall remain unaffected.
5.4 A balance shown in the account statement or statement of account in favor of the contracting partner may not exceed the credit limit applicable to each customer account, which is communicated to the contracting partner by RRAE at the beginning of each calendar year. The credit limit shall be deemed to be an amount equal to the total of all purchase transactions (goods purchases) made by the contracting partner with RRAE in the previous year. For new customers, a credit limit shall be determined on the basis of the expected purchases of goods for the year in question.
5.5 Incoming payments from contracting parties shall be charged in the order of fees, interest and then oldest invoices.
6. Pricing
Unless otherwise agreed, RRAE shall be entitled to set the price at its reasonable discretion.
7. Liability
7.1 Claims for damages by the contracting party, irrespective of the legal grounds, in particular due to breach of obligations arising from the contractual relationship and from tort, shall be excluded.
7.2 This shall not apply to the extent that liability is mandatory by law, in particular in cases of
7.3 Claims for damages due to negligent violation of essential contractual obligations shall be limited to the foreseeable damage typical for the contract.
7.4 Insofar as liability is excluded or limited, this shall also apply to the personal liability of RRAE's employees, representatives and vicarious agents.
7.5 A change in the burden of proof to the disadvantage of the contracting party shall not be associated with the above provisions.
8. Claims for Defects
RRAE shall be liable for claims for defects, except in the cases of §§ 309 no. 7 letters a and b, 438 para. 1 no. 2 and 634a para. 1 no. 2 BGB for one year. For consumers, this period shall only apply to the sale of used, movable items. With respect to entrepreneurs, liability for claims for defects in used items is excluded, except in the cases of § 309 No. 7 letters a and b BGB. RRAE shall only be liable to entrepreneurs for public statements, in particular advertising, which it has used for its own purposes or has expressly included in the contract.
9. Place of performance, place of jurisdiction, applicable law
9.1 The business premises of RRAE shall be the place of performance for both parties if the contracting partner is a merchant, or if he is a legal entity under public law or a special fund under public law, or if his place of residence is outside the Federal Republic of Germany.
9.2 If the contracting partner is a merchant or is a legal entity under public law or a special fund under public law, RRAE may file suit at the place of jurisdiction of the place of performance and may be sued only at this place of jurisdiction.
9.3 The law applicable at the place of performance shall govern all legal relationships between the contracting partner who is an entrepreneur and RRAE, even if the legal dispute is conducted abroad. For deliveries by RRAE, the provisions of Sections 10 to 14 shall apply in addition.
10. Delivery
10.1 RRAE shall be entitled to make partial deliveries if this is reasonable for the contracting partner. If delivery on call is agreed, the contracting partner shall call within a reasonable period.
10.2 If delivery becomes impossible or excessively difficult due to force majeure, official measures, plant shutdown, strike, extreme weather conditions (e.g. storm, hail, drought, high or low water) or similar circumstances - also at RRAE's suppliers - RRAE shall be released from the obligation to deliver for the duration of the hindrance and its after-effects. This also entitles RRAE to withdraw from the contract if and to the extent that it can no longer reasonably be expected to adhere to the contract. In the event of non-delivery or insufficient delivery to RRAE by its upstream suppliers, RRAE shall be released from its delivery obligations to entrepreneurs in whole or in part. This shall only apply if it has taken the necessary precautions to procure the goods to be delivered by it and has carefully selected its upstream suppliers. In this case, it undertakes to assign its claims against the supplier to the entrepreneur upon request. In this case, the entrepreneur shall remain obligated to counter-performance in accordance with § 326 para. 3 BGB (German Civil Code). RRAE shall immediately inform the entrepreneur of the occurrence of the above-mentioned events and the non-availability and, in the event of withdrawal, immediately reimburse the entrepreneur's counter-performance.
10.3 Transport cost increases, tariff changes, ice, high or low water surcharges may be added to the purchase price by RRAE if delivery is made later than four months after conclusion of the contract.
10.4 In the case of shipment to entrepreneurs, the entrepreneur shall bear the risk; this shall also apply in the case of freight-free delivery and in drop shipments. RRAE shall choose the mode of shipment unless the contracting partner has given special instructions. At the request of the contracting partner, RRAE will take out transport insurance to the extent desired by the contracting partner at the contracting partner's expense.
11. Packaging
The goods shall be packed in a customary manner at the expense of the contracting partner. Returnable packaging must be emptied immediately by the contracting partner and returned in perfect condition - carriage paid by the entrepreneur. They may not be filled with other goods or used in any other way.
12. Notices of defects
12.1 Complaints due to obviously defective or obviously deviating quality of the goods or due to delivery of obviously different goods than ordered can only be asserted by the entrepreneur immediately, at the latest, however, within one week after receipt of the goods or after the defect became obvious.
12.2 In the case of consumable goods, notices of defects shall only entitle the Entrepreneur to reduce the purchase price. In the case of goods other than consumable goods, notices of defects shall only entitle the Entrepreneur to demand subsequent performance; if such performance cannot be achieved within a reasonable period of time or is not possible due to the nature of the goods, the Entrepreneur shall have the right to either withdraw from the contract or reduce the purchase price. The provisions of § 478 BGB shall remain unaffected.
12.3 The Entrepreneur must inspect the goods immediately upon receipt for material defects, e.g. quantity, quality, condition and is obliged to note obvious defects on the receipt. Otherwise, § 377 of the German Commercial Code (HGB) shall apply in the relationship with companies; damage during transport shall not entitle RRAE to refuse acceptance.
12.4 A material defect shall not exist in the case of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating materials, defective construction work, unsuitable building ground or due to special external influences that are not assumed under the contract.
12.5 Entrepreneurs shall likewise have no claims based on defects in the event of only insignificant deviation from the agreed quality and in the event of only insignificant impairment of usability.
12.6 The manufacturer reserves the right to make changes in design or form, deviations in color, and changes in the scope of delivery during the delivery period, provided that the changes and deviations are reasonable for the contracting partner, taking into account the interests of RRAE. If RRAE or the manufacturer use signs or numbers to designate the order or the ordered object of purchase, no rights can be derived from this alone.
13. Defaults in performance
13.1 The purchase price shall become due immediately if the contracting party finally refuses to pay the purchase price. The same legal consequence shall occur if, in the case of agreed installment payments, the contracting partner is in arrears with an amount exceeding one installment and if the arrears amount to at least 10% of the total purchase price. In the event of final refusal to pay the purchase price, RRAE shall be entitled to refuse performance of the purchase contract even without setting a grace period and to demand reimbursement of all costs and expenses incurred as well as compensation for loss of value.
13.2 In the event of default of acceptance by the contracting partner, RRAE may store the goods at the expense and risk of the contracting partner with itself or a third party or dispose of them in a suitable manner for the account of the contracting partner without the need for notice.
13.3 RRAE can demand immediate payment of all claims and make deliveries dependent on advance payment or the provision of security if there is a significant deterioration in the financial or income situation of the contracting partner or a significant threat to his assets.
14. Retention of title
14.1 The delivered goods shall remain the property of RRAE until the purchase price has been paid in full. With respect to entrepreneurs, this also applies to all claims that RRAE has against the entrepreneur from the business relationship or acquires in the future. RRAE is entitled to withdraw from the contract after setting an appropriate deadline in the event of behavior contrary to the contract on the part of the contracting partner, in particular if the contracting partner is in default of payment.
14.2 If the goods subject to retention of title are inseparably mixed, blended or combined with other goods, RRAE shall acquire co-ownership of the unified item in a proportion that corresponds to the value of its goods subject to retention of title in relation to the value of the goods mixed with them at the time of mixing, blending or combining.
14.3 RRAE acquires ownership of the new object by processing or working the goods subject to retention of title; the contracting partner shall keep these in safe custody for RRAE.
14.4 The contracting party shall insure the goods belonging to RRAE at its request against the usual risks to a reasonable extent at its own expense and assign the insurance claims to RRAE. RRAE is also entitled to pay the insurance premiums at the expense of the contracting partner.
14.5 The business partner shall be entitled to resell the goods, including goods produced by mixing, blending, combining, processing or machining, only within the scope of his ordinary business operations. He shall not be authorized to dispose of these goods in any other way, in particular to pledge them or assign them as security.
14.6 The business enterprise hereby assigns to RRAE all claims arising from the resale of the goods subject to retention of title or the goods produced from them by processing or machining. The same shall apply to other claims that take the place of the reserved goods or otherwise arise with respect to the reserved goods. Of the claims from the sale of goods in which RRAE has acquired co-ownership through mixing, blending or combining, the entrepreneur hereby assigns to RRAE a first-ranking partial amount corresponding to RRAE's co-ownership share in the sold goods. If the entrepreneur sells goods owned or co-owned by RRAE together with other goods not belonging to RRAE at a total price, the entrepreneur hereby assigns to RRAE a first-rank partial amount of this total claim corresponding to the share of the reserved goods.
14.7 The entrepreneur is authorized to collect the assigned claims from the resale. RRAE may revoke this collection authorization at any time if the entrepreneur fails to meet his payment obligations, is in default of payment, has filed for insolvency or has suspended payments or is subject to official enforcement measures by third parties. Upon request, the entrepreneur shall name to RRAE the debtors of the assigned claims, notify them of the assignment or hand over to RRAE the notices of assignment. As long as the entrepreneur meets his payment obligations, RRAE shall not disclose the assignment. If the realizable value of the securities existing for RRAE exceeds the secured claims by more than 10% in total, RRAE shall be obligated to release securities of its choice to this extent at the request of the entrepreneur.
15. Right of Lien
The contractor shall contractually grant the seller a lien to the extent of the statutory fruit lien in accordance with the DüngMSaatG (German Fertilizer Seed Act) on the fruits of the land belonging to the business that are produced in the harvest, even if the fruits have not yet been separated from the land, on account of the claims arising from the delivery of plant protection products that have been procured and used by the contractor. The lien does not extend to the fruits not subject to attachment.
16. Data protection
16.1 Personal data shall be collected, processed, stored and forwarded by RRAE only to the extent that this is necessary for the execution of an order and in order to be able to offer the contracting partner the desired information and services. If necessary, before setting up a terminable customer account, the data will be transmitted to credit agencies for credit checking and monitoring. Data will only be transmitted to government institutions / authorities within the scope of mandatory legal provisions. RRAE shall treat the data confidentially and in compliance with the legal requirements, in particular the Federal Data Protection Act and the European Data Protection Regulation.
16.2 RRAE shall obtain information from SCHUFA HOLDING AG, Kormoranweg 5, 65201 Wiesbaden, before setting up a terminable customer account or carrying out the order. In the event of non-contractual conduct (e.g., amount of claim after termination in the case of an undisputed claim), RRAE shall transmit this information to SCHUFA. If, after setting up a terminable customer account, such data from other contractual relationships accrue at SCHUFA, RRAE may also obtain information about this. SCHUFA's contractual partners are primarily credit institutions and credit card and leasing companies. In addition, SCHUFA also provides information to commercial, telecommunications and other companies that provide services and supplies against credit. The aforementioned data transfers may only take place in accordance with the Federal Data Protection Act to the extent that this is permissible after weighing up all the interests concerned. When providing information, SCHUFA may also provide its contractual partners with a probability value calculated from its database to assess the credit risk (score procedure). I can obtain information from SCHUFA about the data concerning me. Further information on the SCHUFA information and score procedure is contained in a leaflet which will be made available on request. I can also obtain information about SCHUFA on the Internet at www.schufa.de. The service address of SCHUFA is: SCHUFA HOLDING AG, Verbraucherservice, Postfach 5640, 30056 Hannover.
16.3 Furthermore, RRAE uses the data for its own marketing purposes with the consent of the parties concerned. The contracting party can object to this use or revoke the consent at any time by notifying RRAE or its data protection officer. After receipt of the objection/revocation, RRAE will no longer use the contracting partner's data for marketing purposes and will stop sending advertising materials. Comprehensive information on your rights, your contact persons, etc. can be found on our website under the heading Data Protection. If you do not have the technical means to access this information, we will be happy to send you a printout upon request.
17. Revocation and return costs in distance selling with consumers
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us ( Raiffeisen Rhein-Ahr-Eifel Handelsges. mbH, Ulmenstraße 4, 54597 Ormont, www.raiffeisen-duengershop.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
17.1 Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract to
Raiffeisen Rhein-Ahr-Eifel Handelsges. mbH
Elm road 4
54597 Ormont
or to hand it over. The deadline is met if you send the goods before the expiry of the period of fourteen days.
The consumer has to bear the regular costs of returning the goods in case of exercising his right of withdrawal.
The return of goods from the fertilizer product group is excluded if the packaging seal has been broken or the sales packaging has been opened.
17.2 Value replacement obligation in distance selling transactions with consumers
In the event that the consumer exercises his right of withdrawal, he shall be obliged to pay compensation for the loss in value if the loss in value is due to handling of the goods which was not necessary for checking the quality, characteristics and functioning of the goods.
18. Consumer dispute resolution (here is a new link to the arbitration board)
RRAE does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.
The European Commission provides a platform for online dispute resolution (OS), which you can here.