General Terms and Conditions

General Terms and Conditions for Consumers

General Terms and Conditions for Business Customers

A. General Terms and Conditions for Consumers

§ 1 General provisions

1. Dönges GmbH & Co. KG – hereinafter referred to as the Supplier – offers consumers goods from various ranges, such as tools and DIY supplies, through this online shop. Under section 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity.

2. The following provisions apply to all contracts between the Supplier and customers acting as consumers concluded through this online shop, accessible at https://shop.doenges-rs.de .

§ 2 Details and technical steps for concluding the contract

The subject of the contract is the sale of goods by the Supplier to consumers; see the definitions above.

1. By listing an item in this online shop, the Supplier invites the customer to make an offer to purchase (order), known as an “invitatio ad offerendum”. The customer may submit a binding offer to the Supplier by email, fax, online contact form, post or telephone.

1.1. The customer places the item(s) they intend to purchase in the virtual shopping cart. The customer can open this virtual shopping cart using the corresponding icon in the navigation bar and make any desired changes or additions at any time. After clicking the “Checkout” button and entering personal details and the chosen payment and shipping arrangements, all order details are displayed again on an order summary page.

1.2. If the customer uses an instant payment method such as PayPal, they are first redirected to the website of the selected instant payment provider, where they can continue the payment process. Once payment is completed, the customer is returned to the order summary page.

1.3. Before submitting the order, the customer can check their details again in the order summary, correct them if necessary, or cancel the order using the relevant browser functions. By submitting the order using the corresponding button, the customer makes a binding offer to purchase to the Supplier. After submitting the order, the customer receives an automatic order confirmation from the Supplier confirming receipt of their binding offer to purchase (order).

This order confirmation does not yet create a legally binding purchase contract between the customer and the Supplier.

A legally binding purchase contract between the Supplier and the customer is concluded only when the offer to purchase is accepted by a corresponding email from the Supplier confirming dispatch of the goods to the customer, or by direct delivery of the ordered goods to the customer.

2. In the case of time-limited special offers by the Supplier, the Supplier is no longer bound by its offer if the customer selects payment in advance and does not make the corresponding payment to the Supplier within 10 days of placing the order. Receipt of payment by the Supplier determines compliance with this deadline.

3. By way of exception to the contract formation process described in § 2, clauses 1.1 et seq., the contract between the Supplier and the customer is concluded earlier if the customer chooses an instant payment method (such as PayPal) and pays when submitting the order after being redirected to the selected instant payment provider’s website, where they can continue the payment process. Once payment is completed, the customer is returned to the order summary page.

In this case, the contract is concluded when the customer initiates payment and the relevant payment service confirms execution of the payment instruction. If the customer does not receive a dispatch or order acceptance confirmation within 3 working days of submitting their offer to purchase, they are no longer bound by their order. Any performance already rendered will be refunded to the customer without delay in this case.

§ 3 Right of withdrawal

Consumers within the meaning of section 13 BGB, i.e. natural persons who enter into a legal transaction for purposes predominantly outside their trade, business or self-employed professional activity, have a statutory right of withdrawal. Please refer to the separately accessible withdrawal instructions for details of the conditions, time limits and procedure for exercising the statutory right of withdrawal and for the model withdrawal form.

§ 4 Prices

1. The prices shown in the respective offer and before the order is submitted apply. Whether displayed prices include VAT or VAT is added is indicated in the relevant price information.

2. Additional delivery and shipping costs may apply when items are dispatched. Please refer to the respective offer for details. If delivery is made to a country outside the EU, the customer may have to pay additional customs duties, taxes or fees, not to the Supplier but to the competent customs or tax authorities there. Customers are advised to enquire about the details with the customs or tax authorities before ordering.

§ 5 Payment methods and terms

The payment methods and terms stated in connection with the specific offer apply. Please refer to our privacy policy for details of data protection in relation to the respective payment methods.

§ 6 Delivery and shipping terms

1. If the Supplier also offers to ship the goods to the customer, the goods are delivered within the delivery area specified by the Supplier to the delivery address provided by the customer, unless a different delivery address has been expressly agreed between the Supplier and the customer. The delivery address specified in the Supplier’s order process is decisive for processing the transaction. By way of exception, if PayPal is selected as the payment method, the delivery address stored by the customer with PayPal at the time of payment is decisive.

2. If delivery fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the Supplier as a result. This does not apply to the costs of outbound delivery if the customer effectively exercises their right of withdrawal against the Supplier. Where the customer effectively exercises that right, return costs are governed by the cost allocation provisions in the Supplier’s withdrawal instructions.

3. The risk of accidental loss and accidental deterioration of goods sold by the Supplier generally passes only when the goods are handed over to the customer or a person authorised to receive them. By way of exception, that risk passes to the customer as soon as the Supplier hands the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment if the customer has commissioned that person or organisation to carry out the shipment and the Supplier had not previously named that person or organisation to the customer.

4. The Supplier reserves the right to withdraw from the contract with the customer if it is not supplied correctly or properly by its own supplier. This applies only if the failure to deliver is not attributable to the Supplier and the Supplier has exercised due care in concluding a specific covering transaction with its supplier. The Supplier will make all reasonable efforts to obtain the goods. If the goods are unavailable or only partly available, the customer will be informed without delay and any consideration paid will be refunded without delay.

5. If the Supplier offers collection of the goods, the customer may, by arrangement, collect the ordered goods at the address and during the business hours specified by the Supplier. No shipping costs are charged in this case.

§ 7 Statutory liability for defects

The statutory provisions on liability for defects apply.

Customers are asked to report obvious transport damage to the delivery agent and inform the Supplier. This is merely a request. Failure to do so has no effect on the customer’s statutory or contractual rights relating to defects.

§ 8 Liability

1. The Supplier is liable for damage resulting from injury to life, body or health caused by its negligent breach of duty or an intentional or negligent breach of duty by one of its legal representatives or vicarious agents. The Supplier is also liable for other damage caused by its intentional or grossly negligent breach of duty or an intentional or grossly negligent breach of duty by one of its legal representatives or vicarious agents. In addition, the Supplier has unlimited liability for damage covered by mandatory statutory liability provisions, such as the German Product Liability Act, in the case of guarantees as to quality or in cases of fraudulent conduct.

2. Apart from liability for intent and gross negligence, the Supplier is liable for breach of contractual obligations whose fulfilment is of particular importance for achieving the purpose of the contract (cardinal obligations). In this case, liability is limited to foreseeable damage typical of the contract. Liability for indirect or consequential damage is also excluded insofar as such damage is not foreseeable.

3. For slightly negligent breaches of other contractual obligations that are not cardinal obligations, the Supplier’s liability to consumers is limited to foreseeable damage typical of the contract, with no liability for unforeseeable indirect or consequential damage.

§ 9 Retention of title

If the Supplier performs in advance, it retains ownership of the delivered goods until the purchase price owed has been paid in full.

§ 10 Consumer dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.

§ 11 Severability clause

If individual parts of these General Terms and Conditions are invalid or void, the remaining terms remain valid. The invalid provision is replaced by the applicable statutory provision unless maintaining the contract, even taking the intended change into account, would cause unreasonable hardship to a contracting party.

Go to the General Terms and Conditions for Business Customers

B. General Terms and Conditions for Business Customers

§ 1 General provisions

1. Dönges GmbH & Co. KG – hereinafter referred to as the Supplier – offers business customers goods from various ranges, such as tools and DIY supplies, through this online shop. Under section 14 BGB, a business customer is a natural or legal person or a partnership with legal capacity acting, when entering into a legal transaction, in the exercise of their trade, business or self-employed professional activity.

2. The following provisions apply to all contracts between the Supplier and customers acting as business customers concluded through this online shop, accessible at https://shop.doenges-rs.de .

§ 2 Details and technical steps for concluding the contract

The subject of the contract is the sale of goods by the Supplier to business customers; see the definitions above.

1. By listing an item in this online shop, the Supplier invites the customer to make an offer to purchase (order), known as an “invitatio ad offerendum”.

This order confirmation does not yet create a legally binding purchase contract between the customer and the Supplier.

§ 3 Prices

1. The prices shown in the respective offer and before the order is submitted apply. Whether displayed prices include VAT or VAT is added is indicated in the relevant price information.

2. Unless otherwise agreed in an individual case, the stated selling prices exclude packaging, freight, postage and insurance. Additional delivery and shipping costs therefore apply when items are dispatched. Please refer to the respective offer for details. If delivery is made to a country outside the EU, the customer may have to pay additional customs duties, taxes or fees, not to the Supplier but to the competent customs or tax authorities there. Customers are advised to enquire about the details with those authorities before ordering.

§ 4 Payment methods and terms

The payment methods and terms stated in connection with the specific offer apply. Please refer to our privacy policy for details of data protection in relation to the respective payment methods.

§ 5 Delivery and shipping terms

1. The risk of accidental loss and accidental deterioration of goods sold by the Supplier to a business customer passes to that customer as soon as the Supplier hands the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment.

2. The Supplier reserves the right to withdraw from the contract with the customer if it is not supplied correctly or properly by its own supplier. This applies only if the failure to deliver is not attributable to the Supplier and the Supplier has exercised due care in concluding a specific covering transaction with its supplier. The Supplier will make all reasonable efforts to obtain the goods. If the goods are unavailable or only partly available, the customer will be informed without delay and any consideration paid will be refunded without delay.

§ 6 Statutory liability for defects

The statutory provisions on liability for defects apply.

By way of exception, the following applies to contracts for the supply of goods:

1. If the customer acts as a business customer,

a) the Supplier chooses the type of supplementary performance;

b) for new goods, the limitation period for defects is one year from delivery to the customer;

c) for used goods, the customer’s rights and claims relating to defects are excluded;

d) the limitation period does not restart if the Supplier makes a replacement delivery to the customer under its liability for defects.

The above limitations of liability and shortened periods do not apply to the customer’s claims for damages or reimbursement of expenses, where the Supplier fraudulently concealed the defect, or to goods used for a building in accordance with their usual purpose that caused the building to be defective.

2. For business customers, the statutory limitation periods for any existing statutory right of recourse also remain unaffected.

3. If the customer concludes the contract with the Supplier as a merchant within the meaning of section 1 of the German Commercial Code (HGB), the customer is subject to the inspection and notification duties under section 377 HGB. If the customer fails to fulfil the statutory notification duties specified there, the goods are deemed accepted.

§ 7 Liability

3. The Supplier is not liable to business customers for slightly negligent breaches of other contractual obligations that are not cardinal obligations.

§ 8.1 Retention of title

If the Supplier performs in advance, it retains ownership of the delivered goods until the purchase price owed has been paid in full.

§ 8.2 Extended and prolonged retention of title for business customers

The goods supplied by the Supplier (goods subject to retention of title) secure all claims arising from the respective business relationship between the Supplier and the customer.

1. The goods delivered remain the Supplier’s property until the customer has paid the invoice amount due, including all ancillary claims, in full. In the case of a current account, retention of title secures the Supplier’s outstanding balance. Goods already paid for remain the Supplier’s property while the Supplier still has claims against the customer arising from the business relationship. If goods subject to retention of title are mixed or commingled with other goods, the Supplier’s ownership continues as co-ownership. The customer holds the goods for the Supplier in customary commercial safekeeping and must store them separately and mark them accordingly. The customer must insure the goods against all risks at their own expense. Any insurance claims the customer has against the insurer are deemed assigned to the Supplier.

2. The customer may dispose of goods subject to retention of title in the ordinary course of business provided they receive the corresponding payment from their buyer concurrently with transfer of ownership or retain title against that buyer until the buyer’s payment obligation is fulfilled in full. Pledges and transfers by way of security are expressly prohibited. We must be notified without delay of any attachment or other interference by third parties with the goods subject to retention of title. If the customer realises the goods, for example by selling them, they hereby assign to us, until all our claims arising from the business relationship have been fulfilled, all claims against their contracting parties arising from that realisation, up to the amount of all our claims including ancillary claims. If the goods are resold together with other items without a separate price being agreed for the goods subject to retention of title, the customer assigns to us, with priority over the remainder of the claim, the portion of the total price claim corresponding to the price we invoiced for those goods. If we substantiate a legitimate interest, the customer must provide the information we need to assert claims against the third party. Despite the above assignment, the customer remains authorised to collect the claims until that authorisation is revoked in writing. Our authority to collect is unaffected by the customer’s authority. We will not collect the claims while the customer duly fulfils their payment obligations. If the value of the security exceeds the secured claims in total by more than 20%, we must, at the customer’s request, release security of our choice to that extent.

3. The customer may process, transform or combine goods subject to retention of title with other items. The resulting processed, transformed or combined item is then deemed to be subject to retention of title. Where goods are processed, transformed or combined with items not supplied by us, the customer is entitled to co-ownership of the new item in the proportion represented by the value of the goods subject to retention of title compared with the value of the other processed goods at the time of processing, transformation or combination. If the customer acquires sole ownership of the new item, they grant us co-ownership of it in the proportion represented by the value of the goods subject to retention of title compared with the other processed, transformed or combined goods at that time. If such a new item is sold, the customer hereby assigns to us by way of security their resale claim against their buyer together with all ancillary rights. The claim assigned to us must be satisfied with priority. The above provisions on assigned purchase price claims apply accordingly to the authority to collect and the conditions for its revocation.

4. If the customer combines goods subject to retention of title with land or movable items, they assign to us by way of security their claim to remuneration for the combination, together with all ancillary rights, in the proportion represented by the value of the goods subject to retention of title compared with the other combined goods at the time of combination. The customer must notify us without delay of attachments, seizures or other interventions by third parties. If the customer culpably breaches this essential duty to inform us, we may take possession of the goods subject to retention of title after issuing a reminder. The customer must surrender them. In case of doubt, this does not constitute withdrawal from the contract. After prior warning, we may realise the recovered goods and satisfy our outstanding claims from the proceeds, crediting the proceeds against those claims.

§ 9 Severability clause

Back to the General Terms and Conditions for Consumers

§ 10 Credit checks

Our company regularly checks your creditworthiness when contracts are concluded and in certain cases where a legitimate interest exists. For this purpose, we work with Creditreform Solingen Kirschner GmbH & Co. KG, Kuller Str. 58, 42651 Solingen, which provides the data we need. We transmit your name and contact details to Creditreform for this purpose. Further information on data processing at Creditreform is available in the detailed information sheet “Creditreform information pursuant to Article 14 EU GDPR” (see Annex 1) or at https://www.creditreform. de/solingen/datenschutz

C. Customer information for consumers concerning distance contracts for the purchase of goods

1. The Supplier’s identity and address for service are:

Dönges GmbH & Co. KG, represented by the managing partner: Dönges-Beteiligungs GmbH, represented in turn by the managing directors: Thomas Pletsch, Wolfgang Schulz, Ken Schmidt, Maik Friedrichs.
Address: Dönges-Straße 1, 42929 Wermelskirchen, Deutschland.

2. The Supplier is not subject to any specific codes of conduct.

3. The essential characteristics of the goods or services and any time limit on the validity of the information provided are set out in the Supplier’s respective offer. In case of doubt, the written description takes precedence over the illustration.

4. A contract between the Supplier and the customer is concluded by offer and acceptance. Details of contract formation, in particular the individual technical steps, are explained in § 2 of the General Terms and Conditions.

5. Details of the contract, in particular the existence or absence of a right of withdrawal, its conditions and exercise – including the name and address of the withdrawal recipient and the legal consequences of withdrawal – and the existence of statutory rights relating to defects are set out in the Supplier’s withdrawal instructions applicable to the offer and in these General Terms and Conditions.

6. Before making a binding declaration by further confirmation, the customer can view their entries again on the final summary page and check for errors. Before submitting a binding contractual declaration, the customer can identify input errors by reviewing the relevant declaration and correct them using the technical tools provided in the input fields, clicking “Change” and entering the correct details. Clicking the browser’s “Back” button also allows the buyer to return to the preceding page to correct input errors or cancel the process completely. When ordering via the shopping cart, the customer can remove all or some of the items previously placed in the virtual cart using the “Remove” function before submitting their binding contractual declaration.

7. The Supplier does not store the complete contract text. Before submitting the order, the contract details can be printed using the browser’s print function or saved electronically. The General Terms and Conditions are accessible via the links provided in the shop.

8. The contract language is German.

General Terms and Conditions