Terms & Conditions

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

1. Dönges GmbH & Co. KG - hereinafter referred to as the "Provider" - offers consumers goods from various assortments, such as tools and DIY supplies, through this online shop. A consumer, according to § 13 BGB (German Civil Code), is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

2. The following provisions apply to all contracts between the Provider and the customer acting as an entrepreneur, which are concluded via this online shop accessible at https://shop.doenges-rs.de/.

§ 2 Details and Technical Steps for the Conclusion of the Contract

The subject of the contract is the sale of goods by the Provider to consumers, as defined above.

1. By listing an item in this online shop, the Provider invites the customer to submit a purchase offer (order) (so-called "invitatio ad offerendum"). The customer can submit a binding offer to the Provider via email, fax, online contact form, by mail, or by telephone.

1.1. The customer places the item(s) they intend to purchase into the virtual shopping cart. The customer can access this virtual "shopping cart" at any time via the corresponding icon in the navigation bar and make changes or additions as desired. After clicking the "Proceed to Checkout" button and entering their personal data as well as the payment and shipping conditions chosen by the customer, all order details are displayed once more 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 chosen instant payment method provider, where they can continue the payment process. After completing the payment process, the customer is then redirected back to the order summary page.

1.3. Before submitting the order, the customer can review their entries on the order summary page again, correct them if necessary, or cancel the order using the corresponding browser functions. By submitting the order via the corresponding button, the customer then submits a binding purchase offer to the Provider. After submitting their order, the customer receives an automatic order confirmation from the Provider, confirming that their binding purchase offer (order) has been received by the Provider.

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

A legally binding purchase contract between the Provider and the customer is only concluded when the Provider accepts the purchase offer through a corresponding email, in which the shipment of the goods by the Provider is confirmed, or by directly delivering the ordered goods to the customer.

2. In the case of time-limited special offers from the Provider, the Provider is no longer bound to their offer if the customer chooses prepayment and does not make the corresponding payment to the Provider within 10 days of placing the order. The receipt of payment by the Provider is decisive for meeting the deadline.

3. Contrary to the contract conclusion described under § 2 No. 1.1. ff., the contract between the Provider and the customer is already concluded when the customer selects an instant payment method (such as PayPal) and makes the payment by submitting the order after being redirected to the website of the selected instant payment method provider, where they can continue the payment process. After completing the payment process, the customer is then redirected back to the order summary page.

In this case, the contract is concluded at the moment when the customer initiates the payment and the corresponding payment service provider confirms the execution of the payment instruction. If the customer does not receive a shipping or order confirmation within 3 business days from the time of submitting their purchase offer, they are no longer bound to their order. Any services already rendered will be promptly refunded to the customer in this case.

§ 3 Right of Withdrawal

Consumers, as defined in § 13 BGB, i.e., natural persons who enter into a legal transaction for purposes that are predominantly outside their trade, business, or profession, have a statutory right of withdrawal. Details on the conditions, deadlines, and procedures for exercising the statutory right of withdrawal, as well as the model withdrawal form, can be found in the separately accessible withdrawal information.

§ 4 Prices

1. The sales prices displayed in the offers are total prices and include the applicable statutory value-added tax.

2. Additional delivery and shipping costs may apply to the shipment of items. Please refer to the respective offer for detailed information. If delivery is made to a non-EU country, additional customs duties, taxes, or fees may be payable by the customer, but not to the Provider, but to the respective customs or tax authorities. The customer is advised to inquire about the details from the customs or tax authorities before placing an order.

§ 5 Payment Methods and Conditions

The payment methods and conditions listed in connection with the specific offer apply. Details on data protection for the respective payment methods can be found in our privacy policy.

§ 6 Delivery and Shipping Conditions

1. If the Provider also offers the customer the option of shipping the goods, delivery of the goods is made within the delivery area specified by the Provider to the delivery address provided by the customer, unless a different delivery address is expressly agreed between the Provider and the customer. In processing the transaction, the delivery address provided in the Provider's order processing system is decisive. Deviating from this, if PayPal is selected as the payment method, the delivery address provided by the customer at the time of payment with PayPal is decisive.

2. If the delivery of the goods fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the Provider as a result. This does not apply concerning the costs for the outward shipment if the customer effectively exercises their right of withdrawal against the Provider. For return shipping costs, the cost-bearing arrangement in the Provider's withdrawal information applies when the right of withdrawal is effectively exercised by the customer.

3. The risk of accidental loss and accidental deterioration of the goods sold by the Provider generally passes to the customer only upon delivery of the goods to the customer or a person authorized to receive them. However, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the Provider hands over the goods to the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment if the customer has commissioned the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment and the Provider has not previously named this person or institution to the customer.

4. The Provider reserves the right to withdraw from the contract if the Provider is not supplied correctly or on time, provided that the non-delivery is not attributable to the Provider and the Provider has entered into a specific covering transaction with the supplier with due diligence. The Provider will make all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and any consideration already provided will be promptly refunded.

5. If the Provider offers the goods for collection, the customer can collect the ordered goods after arrangement during the business hours specified by the Provider at the address specified by the Provider. In this case, no shipping costs will be charged.

§ 7 Legal Liability for Defects

The provisions of statutory liability for defects apply.

The customer is asked to report goods delivered with obvious transport damage to the carrier and inform the Provider. This is merely a request and does not affect the customer’s statutory or contractual claims for defects.

§ 8 Liability

1. The Provider is liable for damages resulting from injury to life, body, or health that are based on a negligent breach of duty or an intentional or negligent breach of duty by one of its legal representatives or agents. Furthermore, the Provider is liable for other damages resulting from an intentional or grossly negligent breach of duty by the Provider or an intentional or grossly negligent breach of duty by one of its legal representatives or agents. Moreover, the Provider is fully liable for damages covered by mandatory statutory provisions, such as the Product Liability Act, in cases of guarantees of condition or in cases of fraud.

2. Outside of liability for intent and gross negligence, the Provider is liable for the breach of such contractual obligations, the fulfillment of which is essential for the achievement of the contract's purpose (cardinal obligations). In this case, however, liability is limited to the typical contractual foreseeable damage. Furthermore, liability is also excluded for indirect or consequential damages unless they are foreseeable.

3. For the slightly negligent breach of other contractual obligations that are not cardinal obligations, the Provider's liability towards the consumer is limited to the typical contractual foreseeable damage, whereby there is no liability for unforeseeable indirect or consequential damages.

§ 9 Retention of Title

If the Provider makes an advance delivery, the Provider retains ownership of the delivered goods until the purchase price owed has been paid in full.

§ 10 Consumer Dispute Resolution („OS Platform“)

The EU Commission has created an internet platform for online dispute resolution (so-called "OS Platform"). The OS Platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts with consumers. The customer can access the OS Platform via the following link: https://ec.europa.eu/consumers/odr/. Our email address: info@doenges-online.de. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 11 Severability Clause

Should individual parts of the above General Terms and Conditions be ineffective or void, the remaining conditions remain valid. The ineffective provision will be replaced by the relevant statutory provision unless adherence to the contract would constitute an unreasonable hardship for one of the contracting parties, even considering the intended amendment.

To the General Terms and Conditions for Business Customers

B. General Terms and Conditions for Business Customers

§ 1 General

1. Dönges GmbH & Co. KG - hereinafter referred to as the "Provider" - offers business customers goods from various assortments, such as tools and DIY supplies, through this online shop. A business customer, according to § 14 BGB (German Civil Code), is a natural or legal person or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. The following provisions apply to all contracts between the Provider and the customer acting as a business customer, which are concluded via this online shop accessible at https://shop.doenges-rs.de/.

§ 2 Details and Technical Steps for the Conclusion of the Contract

The subject of the contract is the sale of goods by the Provider to business customers, as defined above.

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

§ 3 Prices

1. The sales prices displayed in the offers are total prices and include the applicable statutory value-added tax.

2. Unless otherwise agreed in individual cases, the stated sales prices do not include packaging, freight, postage, and insurance. Therefore, additional delivery and shipping costs apply to the shipment of items. Please refer to the respective offer for detailed information. If delivery is made to a non-EU country, additional customs duties, taxes, or fees may be payable by the customer, but not to the Provider, but to the respective customs or tax authorities. The customer is advised to inquire about the details from the customs or tax authorities before placing an order.

§ 4 Payment Methods and Conditions

The payment methods and conditions listed in connection with the specific offer apply. Details on data protection for the respective payment methods can be found in our privacy policy.

§ 5 Delivery and Shipping Conditions

1. The risk of accidental loss and accidental deterioration of the goods sold by the Provider to the business customer passes to the business customer as soon as the Provider has handed over the goods to the carrier, freight forwarder, or the person or institution otherwise designated to carry out the shipment.

2. The Provider reserves the right to withdraw from the contract if the Provider is not supplied correctly or on time, provided that the non-delivery is not attributable to the Provider and the Provider has entered into a specific covering transaction with the supplier with due diligence. The Provider will make all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and any consideration already provided will be promptly refunded.

§ 6 Statutory Liability for Defects

The provisions of statutory liability for defects apply.

However, the following applies to contracts for the delivery of goods:

1. If the customer acts as a business customer, then

a) the Provider has the choice of the type of subsequent performance;

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

c) the customer's rights and claims for defects in used goods are excluded;

d) the limitation period does not start anew if a replacement delivery is made by the Provider to the customer within the framework of liability for defects.

The liability limitations and shortened periods specified above do not apply to claims for damages and reimbursement of expenses by the customer in the event that the Provider has fraudulently concealed the defect, as well as for goods that have been used according to their usual purpose for a building and have caused its defectiveness.

2. Furthermore, for business customers, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

3. If the customer concludes the contract with the Provider as a merchant according to § 1 of the German Commercial Code (HGB), the customer is subject to the duty to inspect and give notice of defects according to § 377 HGB. If the customer fails to comply with the legally regulated duties of notification, the goods are deemed to have been approved.

§ 7 Liability

3. The Provider is not liable for the slightly negligent breach of other contractual obligations that are not cardinal obligations towards the business customer.

§ 8.1 Retention of Title

If the Provider makes an advance delivery, the Provider 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 delivered by the Provider (goods subject to retention of title) secure all claims from the respective business relationship between the Provider and the customer.

1. Until the customer has fully settled the due invoice amount, including all ancillary claims, the delivered goods remain the property of the Provider. In the case of a running account, the retention of title serves as security for the balance owed to the Provider. Goods already paid for remain the property of the Provider as long as the Provider still has claims against the customer from the business relationship. In the event of mixing or combining goods subject to retention of title with other goods, the Provider's ownership is retained as co-ownership. The customer holds the goods in a commercially standard safekeeping for the Provider. The customer is obliged to store them separately and label them. The customer must insure the goods at their own expense against all risks. Any insurance claims of the customer against the insurer are deemed assigned to the Provider.

2. The customer is free to dispose of the goods subject to retention of title in the ordinary course of business, provided that the customer receives the corresponding payment from their buyer in return for the transfer of ownership of the goods, or reserves ownership until the buyer has fully fulfilled their payment obligations. Pledging and transfer by way of security are expressly prohibited. Any seizures and other impairments of the goods subject to retention of title by third parties must be reported to us immediately. If the customer disposes of the goods subject to retention of title, for example by selling them, the customer hereby assigns to us all claims arising from the disposal against their contractual partners up to the amount of all our claims, including all ancillary claims. If the goods subject to retention of title are sold together with other items without an individual price being agreed for the goods subject to retention of title, the customer assigns to us the part of the total price claim that corresponds to the price invoiced by us for the goods subject to retention of title, with priority over the remaining claim. If we can credibly demonstrate a legitimate interest, the customer must provide us with the necessary information to assert claims against the third party. The customer is authorized to collect the claims despite the above assignment until revoked in writing. Our authorization to collect claims remains unaffected by this collection authorization of the customer. We will not collect the claims as long as the customer meets their payment obligations properly. If the value of the securities exceeds the secured claims by more than 20%, we are obliged, at the customer's request, to release securities of our choice accordingly.

3. The customer is permitted to process, transform, or combine the goods subject to retention of title with other items. The item processed, transformed, or combined in this way is then considered goods subject to retention of title. In the case of processing, transformation, or combination with other items not supplied by us, the customer acquires co-ownership of the new item in proportion to the value of the processed, transformed, or combined goods subject to retention of title relative to 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 the new item in proportion to the value of the processed, transformed, or combined goods subject to retention of title relative to the other processed, transformed, or combined goods at the time of processing, transformation, or combination. In the event of the resale of such a new item, the customer hereby assigns to us their claim arising from the resale against their buyer with all ancillary rights as security. The assigned claim must be satisfied with priority. The above regulation concerning assigned purchase price claims applies correspondingly to the authorization to collect and the conditions for its revocation.

4. In the event that the goods subject to retention of title are combined with land or movable property by the customer, the customer hereby assigns their claim for compensation for the combination to us with all ancillary rights in proportion to the value of the combined goods subject to retention of title relative to the other combined goods at the time of the combination. In the case of seizures, confiscations, or other interventions by third parties, the customer must notify us immediately. In the event of a culpable violation of this essential duty of information owed to us, we are entitled, after a reminder, to take back the goods subject to retention of title. The customer is obliged to return them. This does not constitute a withdrawal from the contract in case of doubt. We are entitled, after prior notice, to realize the goods subject to retention of title taken back and to satisfy our open claims from the proceeds.

§ 9 Severability Clause

Back to the General Terms and Conditions for Consumers

B. Customer Information for Consumers in Distance Contracts for the Purchase of Goods

1. The identity and address for service of the Provider are:

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

2. The Provider is not subject to any special codes of conduct.

3. The essential characteristics of the goods or services and any period of validity of the provided information can be found in the respective offer of the Provider. In case of doubt, the textual description takes precedence over the pictorial representation.

4. A contract between the Provider and the customer is concluded through offer and acceptance. Details on the conclusion of the contract, particularly the individual technical steps to conclude the contract, are explained in detail under § 2 of the General Terms and Conditions.

5. Details of the contract, particularly regarding the existence or non-existence of a right of withdrawal and its conditions and exercise – including the name and address of the withdrawal addressee as well as the legal consequences of withdrawal – and the existence of statutory defect liability rights, are provided in the information given by the Provider within the cancellation policy applicable to this offer or these General Terms and Conditions.

6. The customer can review their entries on the final overview page and check for possible errors before submitting a binding declaration by further confirmation. Input errors can be identified and corrected by the customer before submitting a binding contractual declaration by reviewing the respective declaration and using the technical means provided within the respective input fields by clicking the "Change" button and re-entering the information. By clicking the "Back" button in their browser, the buyer can also return to the previous page and correct any input errors or cancel the initiated action entirely. When ordering through the shopping cart function, the customer can delete items previously placed in the virtual shopping cart in whole or in part before submitting their binding contractual declaration by selecting the "Remove" function.

7. The Provider does not store the complete contract text. Before submitting the order, the contract data can be printed out or saved electronically via the browser's print function. After receipt of the order by us, the order data, the legally required information in distance contracts, and the General Terms and Conditions will be sent to you again by email.

8. The contract language is German.