Terms & Conditions

General Terms and Conditions of RAM Mounts Germany GmbH – separated into B2B and B2C.

General Terms and Conditions of RAM Mounts Germany GmbH (B2B)

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Link to our Privacy Policy

§ 1 Scope

1. These Terms and Conditions apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). We recognize conflicting terms or terms deviating from our Terms and Conditions only if we expressly agree to their validity in writing.
2. These Terms and Conditions also apply to all future transactions with the customer insofar as they are legal transactions of a related nature.

§ 2 Offer and Conclusion of Contract

1. All offers are non-binding.
2. A contract is concluded only by formal order confirmation from RAM Mounts Germany. An order shall, however, be deemed confirmed if delivery takes place without written order confirmation. Every contract and every delivery is made subject to acceptance of the General Terms and Conditions of RAM Mounts Germany GmbH. RAM Mounts Germany is entitled to make acceptance of an offer dependent on advance payment.

§ 3 Prices and Payment

1. Unless otherwise agreed in writing, our prices are ex works excluding shipping costs and packaging and plus VAT at the applicable statutory rate.
2. Payment of the purchase price must be made exclusively to the account stated on the invoice. Deduction of cash discount is only permitted upon separate written agreement.
3. Unless otherwise agreed, the purchase price is payable within 14 days after delivery. Default interest may be charged at 5% above the respective base interest rate p.a. We reserve the right to claim higher damages caused by default.
4. If the customer culpably fails to meet payment obligations or RAM Mounts Germany is entitled to refuse performance pursuant to Section 321 (1) BGB, all outstanding claims of RAM Mounts Germany against the customer become immediately due for payment.
5. The current prices according to the price list or quotation apply, or as displayed in the B2B online shop (www.rammounts.de). Price changes will be communicated to you in writing to the email address known to us with reasonable notice before they take effect.

§ 4 Delivery Time of Goods

1. RAM Mounts Germany is entitled to make partial deliveries. Shipping and possible insurance costs will be charged for partial deliveries at the customer’s request.
2. Delivery, performance and execution periods are non-binding for RAM Mounts Germany unless expressly agreed otherwise in writing. Delivery periods begin upon dispatch of the order confirmation.
3. In the case of call-off orders, the customer must determine delivery dates in such a way that RAM Mounts Germany has sufficient time for scheduling.
4. If the customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to claim compensation for resulting damages, including any additional expenses. Further claims remain reserved. If the above conditions apply, the risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the time the customer falls into default of acceptance or debtor’s default.
5. Conclusion of contract is subject to correct and timely self-supply by RAM Mounts Germany’s suppliers. In particular, RAM Mounts Germany is entitled to withdraw from the contract if RAM Mounts Germany has concluded a congruent covering transaction and is let down by its supplier. In this case, the customer must be informed immediately about the unavailability of performance. Claims for damages by the customer are excluded.
6. All unforeseeable events or obstacles not caused by RAM Mounts Germany that delay delivery or performance in whole or in part—especially strikes, lockouts, unforeseeable operational disruptions at RAM Mounts Germany or at a supplier, unavoidable shortages of raw materials, destruction of services already performed by third parties or events of force majeure (e.g., fire, floods, earthquakes) or obstacles attributable to the customer—entitle RAM Mounts Germany to extend delivery or performance deadlines by the duration of the obstruction.
7. If the obstruction lasts longer than six weeks or if delivery or performance becomes impossible, RAM Mounts Germany is entitled to withdraw from the contract. The customer must be informed immediately about the impediment. Any consideration already provided by the customer shall be refunded immediately. Further claims by the customer, in particular claims for damages, are excluded.

§ 5 Shipping and Transfer of Risk

Deliveries are made from our Berlin warehouse by parcel service or freight forwarder; all shipping costs shall be borne exclusively by the buyer. If the customer arranges collection themselves, the risk of accidental loss or accidental deterioration of the goods passes to the customer no later than when the goods leave the factory/warehouse.

§ 6 Retention of Title

1. We retain title to the delivered goods until full payment of all claims arising from the supply contract. This also applies to all future deliveries, even if we do not always expressly refer to it. We are entitled to repossess the goods if the customer acts in breach of contract.
2. The customer is obliged to treat the goods with care as long as ownership has not yet passed. In particular, the customer is obliged to insure the goods adequately at replacement value against theft, fire and water damage at its own expense. As long as ownership has not yet passed, the customer must notify us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO), the customer shall be liable for the loss incurred by us.
3. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to us the claims against its purchaser arising from the resale of the goods subject to retention of title in the amount of the final invoice amount agreed with us (including VAT). This assignment applies regardless of whether the goods have been resold without or after processing. The customer remains authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we shall not collect the claim as long as the customer meets its payment obligations from the proceeds collected, is not in default and, in particular, no application for insolvency proceedings has been filed or payments have been suspended.

§ 7 Warranty, Duty of Inspection and Notice of Defects; Recourse/Manufacturer Regress

1. Warranty rights of the purchaser require that the purchaser has properly complied with its obligations to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB).
2. Claims for defects become time-barred 12 months after delivery of the goods supplied by us to our purchaser. For claims for damages in cases of intent and gross negligence as well as in cases of injury to life, body or health based on an intentional or negligent breach of duty by the user, the statutory limitation period applies. Used goods are excluded from warranty. Before returning any goods, our written consent must be obtained. Please contact us at info@rammounts.de and request an RMA number in the event of a justified return.
3. As part of the duty of inspection, we point out that deliveries pursuant to Section 377 HGB must be checked immediately upon receipt for completeness, damage and recognizable defects. Any shortages or obvious defects must be reported to us in writing immediately after acceptance of the goods using the RMA form. If no such notification is made, the delivered goods are deemed approved with regard to these defects. We therefore cannot accept later complaints regarding missing or damaged goods unless they concern hidden defects that were not recognizable during goods receipt inspection.
4. Before any return of goods, our written consent must be obtained. Unsolicited or insufficiently marked shipments will be returned to the sender “carriage forward/unpaid”. To verify your claims, please send proof of purchase together with your contact details to: rma@rammounts.de.
   To initiate a return procedure, please contact our customer service exclusively by email. The customer will receive a unique RMA number (Return Material Authorisation), further shipping instructions and the necessary return address.
   
   Without a clearly identifiable RMA number on returns, acceptance of returns will be refused and no service cases will be processed.
   
   In principle, RAM Mounts Germany GmbH is under no obligation to take back goods ordered by the customer in error or incorrectly. We reserve the right to charge a handling fee of 20% of the net goods value in the event of a return.
   Please observe the following conditions for returns or exchange of new goods. Returned products must not show any damage, defects or visual impairment; original packaging should be present. Complete sets must include all products and accessories.
5. If, despite all due care, the delivered goods show a defect that already existed at the time of transfer of risk, we shall, subject to timely notice of defects, at our discretion repair or deliver replacement goods. We must always be given the opportunity for subsequent performance within a reasonable period. Recourse claims remain unaffected by the above provision without restriction.
6. If subsequent performance fails, the purchaser may—without prejudice to any claims for damages—withdraw from the contract or reduce the remuneration.
7. No claims for defects exist in the event of only insignificant deviation from the agreed quality, only insignificant impairment of usability, natural wear and tear or damage arising after transfer of risk due to improper or negligent handling, excessive use, unsuitable operating materials, defective construction work, unsuitable building ground or special external influences not assumed under the contract. If improper repair work or modifications are carried out by the purchaser or third parties, no claims for defects exist for these and the resulting consequences.
8. Claims of the purchaser for expenses required for subsequent performance, in particular transport, travel, labor and material costs, are excluded insofar as the expenses increase because the goods delivered by us have subsequently been moved to a location other than the purchaser’s place of business, unless the transfer corresponds to their intended use.
9. Recourse claims of the purchaser against us exist only insofar as the purchaser has not concluded any agreements with its purchaser that go beyond the legally mandatory defect claims. Paragraph 6 shall apply accordingly to the scope of the purchaser’s recourse claim against the supplier.
10. For orders and deliveries of bulk packaging, we point out that due to the loose packing method, individual scratches (scuffs) may occur on parts. Any complaints due to purely visual defects are excluded in advance for this reason.

§ 8 Miscellaneous

1. This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. Place of performance and exclusive place of jurisdiction for all disputes arising from this contract is our registered office, unless otherwise stated in the order confirmation (note: the use of this clause is impermissible if at least one party is a business not registered in the commercial register).
3. All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.

General Terms and Conditions of RAM Mounts Germany GmbH (B2C)

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1) Scope

1.1 These General Terms and Conditions (hereinafter "T&Cs") of RAM Mouns Germany GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These T&Cs apply accordingly to contracts for the delivery of vouchers, unless expressly regulated otherwise.

1.3 A consumer within the meaning of these T&Cs is any natural person who concludes a legal transaction for purposes that predominantly can neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer by clicking the button that completes the order process for the goods contained in the shopping cart. The Customer may also submit the offer by telephone, fax, email, post or via the online contact form.

2.3 The Seller may accept the Customer’s offer within five days,

- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the confirmation by the Customer is decisive, or

- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or

- by requesting the Customer to pay after the order has been placed.

If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within this period, this shall be deemed a rejection of the offer and the Customer is no longer bound by its declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”) under the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, under the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable in the online order process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button completing the order process.

2.5 If the payment method "Amazon Payments" is selected, payment is processed via Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (“Amazon”) under the Amazon Payments Europe user agreement, available at https://payments.amazon.de/help/201751590. If the Customer selects “Amazon Payments” during the online order process, the Customer also issues a payment order to Amazon by clicking the button completing the order process. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer triggers the payment process by clicking the button completing the order process.

2.6 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax or letter) after the Customer sends the order. No further accessibility of the contract text is provided by the Seller. If the Customer has created a user account before sending the order, the order data is archived on the Seller’s website and can be accessed free of charge by the Customer via its password-protected user account using the corresponding login data.

2.7 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A technical means for better detection of input errors may be the browser’s zoom function. The Customer can correct its entries during the electronic ordering process using the usual keyboard and mouse functions until clicking the button completing the order process.

2.8 The German and English languages are available for the conclusion of the contract.

2.9 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, if SPAM filters are used, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal information.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not members of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs incurred are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties/taxes (e.g., customs duties). Such costs may also be incurred with regard to money transfers if the delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.

4.3 The available payment method(s) are communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract unless the parties have agreed a later due date.

4.5 Account information: RAM Mounts Germany GmbH, IBAN DE97100900002609314004  - BIC BEVODEBB

5) Delivery and Shipping Terms

5.1 Goods are delivered by shipment to the delivery address specified by the Customer unless otherwise agreed. The delivery address stated in the Seller’s order processing is decisive for the handling of the transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs for the outward shipment if the Customer effectively exercises its right of withdrawal. For return shipping costs, the provisions of the Seller’s withdrawal information apply in the event of an effective exercise of the right of withdrawal.

5.3 Self-collection is not possible for logistical reasons.

5.4 Vouchers are provided to the Customer as follows:

- by email

6) Retention of Title

If the Seller makes an advance performance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 If the purchased item is defective, the statutory provisions on liability for defects apply.

7.2 If the Customer acts as a consumer, the Customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this has no effect whatsoever on the Customer’s statutory or contractual defect claims. 

8) Redemption of Promotional Vouchers

8.1 Vouchers issued by the Seller free of charge within the scope of promotional campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller’s online shop and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.

8.3 Promotional Vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.

8.4 Several Promotional Vouchers can also be redeemed for one order.

8.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

8.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

8.7 The credit balance of a Promotional Voucher is neither paid out in cash nor does it bear interest.

8.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within the scope of the statutory right of withdrawal.

8.9 The Promotional Voucher is only intended for use by the person named on it. Transfer to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

9) Redemption of Gift Vouchers

9.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller’s online shop unless otherwise stated on the voucher.

9.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining balances are credited to the Customer until the expiry date.

9.3 Gift Vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.

9.4 Several Gift Vouchers can also be redeemed for one order.

9.5 Gift Vouchers can only be used to purchase goods and not to purchase additional Gift Vouchers.

9.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

9.7 The credit balance of a Gift Voucher is neither paid out in cash nor does it bear interest.

9.8 The Gift Voucher is only intended for use by the person named on it. Transfer to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

10) Applicable Law

10.1 German law applies to all legal relationships between the parties to the exclusion of the laws governing the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10.2 This choice of law regarding the statutory right of withdrawal also does not apply to consumers who, at the time of conclusion of the contract, are not members of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

11) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law with registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s registered office. If the Customer has its registered office outside the Federal Republic of Germany, the Seller’s registered office is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. In the above cases, the Seller is in any event entitled to bring an action before the court at the Customer’s registered office.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution at: https://ec.europa.eu/consumers/odr

This platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.