Terms of service

Section 1: Scope of Application

(1) The following General Terms and Conditions (hereinafter "GTC") apply to all contracts for the delivery of goods and services that you, as a consumer or business entity (hereinafter "Buyer"), conclude with us, Rhino Exclusive GmbH (hereinafter "Seller"), in writing (on paper or by email) as well as through the website www.rhino-xc.com. Unless otherwise agreed, inclusion of the Buyer's own terms, if any, is hereby rejected.

(2) A consumer, as defined in the following provisions, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person pursuant to § 14 para. 1 BGB, a legal entity under public law, or a legally competent partnership acting in the exercise of its independent professional or commercial activity.

Section 2: Conclusion of Contract

(1) The product descriptions provided in the Seller's online shop or through other online portals (e.g., "classified ads") do not constitute binding offers by the Seller but are intended for the Buyer to submit a binding offer.

(2) The Buyer can submit a purchase offer (hereinafter "order") through the order and shopping cart function integrated in the Seller's online shop. The items or services intended for purchase are placed in the digital "shopping cart." After clicking the "Checkout" button on the shopping cart's overview page, the Buyer can enter personal or company data and select payment and shipping conditions. All order data is then reviewed and displayed in an order summary. Before submitting the order, the Buyer has the opportunity to review, modify, or cancel the order. At this point, the Buyer can also review these GTC and the details of the right of withdrawal. By clicking the "Buy" button, the Buyer submits a binding offer to the Seller. The Buyer will receive an automatic email confirming the receipt of the order, leading to the conclusion of the contract.

(3) The Buyer can also submit a purchase offer (hereinafter "order") via text messenger (e.g., classified ads messenger, WhatsApp) or by email to the Seller. In any case, the Buyer must provide an email address as well as name and address for further order processing. The Seller can accept the incoming purchase offer from the Buyer within 48 hours by sending an email confirming the order, which leads to the conclusion of the contract. Attached to the confirmation email, the Buyer will receive these GTC and the details of the right of withdrawal.

(4) The Seller is not obligated to accept orders from the Buyer. In particular, the Seller reserves the right not to accept orders if the Buyer provides incomplete or incorrect information regarding their name or address.

(5) The text of the contract is stored by the Seller upon conclusion of the contract and is transmitted to the Buyer by email or in paper form. The Seller does not provide the contract text for an extended period beyond this.

(6) Order processing and contract conclusion usually take place via email. The Buyer must ensure that the email address provided by them is accurate so that they can receive emails sent by the Seller to this address. In particular, the Buyer must ensure that all emails sent by the Seller can be received when using spam filters. The German and English languages are available for contract conclusion.

Section 3: Right of Withdrawal

(1) The Buyer generally has a right of withdrawal.

(2) Information on the right of withdrawal can be found in the Seller's withdrawal policy, which is accessible on the Seller's online shop or provided by the Seller via email at the time of contract conclusion.

Section 4: Prices

(1) Unless otherwise stated in the Seller's product description, the prices quoted are total prices, including value-added tax (hereinafter "VAT"). VAT is shown on the invoice unless the goods are subject to differential taxation under § 25a UStG. Any additional delivery and shipping costs will be separately indicated in the respective product description or during the order process or explicitly agreed upon.

Section 5: Payment Conditions

(1) The purchase price becomes due immediately upon conclusion of the contract, and the corresponding payment must be received by the Seller within 4 working days after the contract is concluded. If the Buyer is in default of payment, the Seller has the right, according to § 288 BGB, to charge statutory default interest or to withdraw from the purchase contract.

(2) Payment options will be communicated to the Buyer in the Seller's online shop. For orders outside the online shop, via text messenger (e.g., classified ads messenger, WhatsApp) or email, payment conditions will be specified on the invoice.

(3) Payments by bank transfer are only accepted with the payment reference provided by the Seller. Payments without the correct payment reference will be refunded, and the transfer must be re-executed with the correct payment reference.

(4) In case of a change of the delivery address after payment, the payment already made will be refunded, and a new payment must be made. When paying by bank transfer, the Buyer will receive an updated payment reference, which must be indicated in the renewed transfer.

Section 6: Delivery and Shipping Conditions

(1) Delivery is only made within the delivery area accepted by the Seller. The logistics service provider for delivery is specified and commissioned by the Seller. The delivery address provided by the Buyer during the order process is binding.

(2) If delivery of the goods fails due to reasons for which the Buyer is responsible, the Buyer shall bear the costs incurred by the Seller. This does not apply to the costs of returning the goods if the Buyer effectively exercises their right of withdrawal. For the costs of returning the goods, the provisions made in the Seller's withdrawal policy apply in the event of the effective exercise of the Buyer's right of withdrawal.

(3) If the Buyer is acting as an entrepreneur, the risk of loss and damage to the sold goods passes to the Buyer as soon as the Seller has handed over the goods to the logistics service provider. If the Buyer is a consumer, the risk of loss and damage to the sold goods generally only passes upon handover of the goods to the Buyer or an authorized person.

(4) If the Seller offers the option of picking up the goods, the Buyer can collect the ordered goods during the Seller's specified business hours at the Seller's specified address. In this case, no shipping costs will be charged.

Section 7: Retention of Title

(1) Ownership of the delivered goods remains with the Seller until the full payment of the purchase price. The Buyer is not authorized to dispose of, use, process, or modify the goods subject to retention of title before the transfer of ownership.

(2) The Buyer must treat the delivered goods with care until full payment of the purchase price and protect them from access by third parties.

(3) In the event of the Buyer's contractual breach, especially non-payment of the due purchase price, the Seller is entitled to withdraw from the purchase contract according to legal regulations and to reclaim the goods due to the retention of title. The Buyer bears the costs for the insured return of the goods.

Section 8: Warranty and Defect Liability Rights

(1) The Seller provides the statutory warranty rights for the goods offered.

(2) The limitation period for warranty claims for used goods is shortened to one year. This agreement does not apply to claims for damages due to defects that the Seller has fraudulently concealed or to claims arising from a guarantee, if any, assumed by the Seller regarding the quality of the item. The legal periods apply to these excluded claims. In the case of a guarantee period, the longer period applies to the benefit of the guarantee holder.

(3) The limitation period for entrepreneurs regarding their warranty claims for defects in the purchased item expires one year after the transfer of risk (see §5 paragraph 3).

(4) The delivered goods are free from material defects if, at the time of the transfer of risk (see §5 paragraph 3), they have the agreed-upon characteristics. The characteristics are derived from the respective product description and the corresponding product illustrations. For used goods, signs of wear and tear are part of the agreed characteristics, and the condition can be derived from the product description and product illustrations before the order.

(5) The product illustrations provided online by the Seller may, especially regarding color and size, deviate from the characteristics and perception of the delivered goods.

(6) A material defect exists, in particular, if the functionality of the goods is affected.

(7) The warranty for the waterproofness of the goods (if the purchased goods should have this property) is excluded. Waterproofness is not a permanent characteristic according to DIN 8310. The Buyer should check this property annually or before special loads. The Seller does not bear the costs for this recommended check of waterproofness.

(9) In the event of asserting warranty rights, the Buyer must demonstrate that the defect already existed at the time of the transfer of risk (see §5 paragraph 3) and was not caused by wear and tear or improper handling after the transfer of risk.

Section 9: Alternative Dispute Resolution / EU Dispute Resolution:

(1) The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.

(2) We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

Section 10: Privacy Notice

(1) As part of our privacy policy at https://www.rhino-xc.com/en/policies/privacy-policy, we provide information on data protection as well as the type, scope, and purpose of the collection and use of personal data by us.

Section 11: Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention (CISG).

(2) If the Buyer is an entrepreneur, the place of jurisdiction is at the Seller's registered office.

(3) Changes and additions to these terms and conditions require written form.

(4) If individual provisions of these terms and conditions are or become invalid, this does not affect the validity of the remaining provisions.