Terms and 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

These Terms and Conditions apply exclusively to entrepreneurs, legal entities under public law and special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). We shall only recognize terms and conditions of the customer that conflict with or deviate from these Terms and Conditions if we expressly agree to their application in writing.

These Terms and Conditions shall also apply to all future transactions with the customer insofar as they concern legal transactions of a related nature.

§ 2 Offer and Conclusion of Contract

All offers are non-binding.

A contract shall only be concluded upon formal order confirmation by RAM Mounts Germany. However, an order shall be deemed confirmed if delivery is made without written order confirmation. Every contract and every delivery shall be made subject to recognition of the General Terms and Conditions of RAM Mounts Germany GmbH. RAM Mounts Germany shall be entitled to make acceptance of an offer conditional upon advance payment.

§ 3 Prices and Payment

Unless otherwise agreed in writing, our prices are ex works, excluding shipping and packaging costs and plus value-added tax at the applicable rate.

The purchase price shall be paid exclusively to the account specified on the invoice. Any deduction of a discount is permitted only if specifically agreed in writing.

Unless otherwise agreed, the purchase price shall be paid within 14 days after delivery. Interest on late payment may be charged at a rate of 5% above the applicable base interest rate per annum. The right to claim higher damages caused by default remains reserved.

If the customer culpably fails to meet its payment obligation, or if RAM Mounts Germany is entitled to refuse performance pursuant to Section 321 (1) BGB, all outstanding claims of RAM Mounts Germany against the customer shall become due for immediate payment.

The current prices shown in the price list or offer, or in the B2B online shop (www.rammounts.de), shall apply. Changes to prices will be communicated in writing to the email address known to us with reasonable notice before they take effect.

§ 4 Delivery Times

RAM Mounts Germany shall be entitled to make partial deliveries. Shipping and any insurance costs shall be charged for partial deliveries requested by the customer.

Delivery, performance and execution periods shall not be binding upon RAM Mounts Germany unless expressly agreed otherwise in writing. Delivery periods shall commence upon dispatch of the order confirmation.

For call-off orders, the customer shall specify the delivery date in such a way that RAM Mounts Germany has sufficient time to make the necessary arrangements.

If the customer is in default of acceptance or culpably breaches other duties to cooperate, we shall be entitled to claim compensation for the damage incurred by us as a result, including any additional expenses. Further claims remain reserved. Where the above requirements are met, the risk of accidental loss or accidental deterioration of the purchased goods shall pass to the customer at the time the customer enters into default of acceptance or debtor's default.

Conclusion of the contract is subject to correct and timely delivery to RAM Mounts Germany by its suppliers. In particular, RAM Mounts Germany shall be entitled to withdraw from the contract if RAM Mounts Germany has entered into a corresponding covering transaction and its supplier fails to supply it. In such a case, the customer shall be informed immediately that the goods or services are unavailable. Claims for damages by the customer are excluded.

All unforeseeable events or obstacles for which RAM Mounts Germany is not responsible and which delay delivery or performance in whole or in part, including strikes, lockouts, unforeseeable operational disruptions at RAM Mounts Germany or one of its upstream suppliers, unavoidable shortages of raw materials, destruction by third parties of services already performed, events of force majeure (e.g. fire, flooding or earthquakes), or impediments caused by circumstances for which the customer is responsible, shall entitle RAM Mounts Germany to extend the delivery or performance periods by the duration of the impediment.

If the impediment continues for more than six weeks or if delivery or performance becomes impossible, RAM Mounts Germany shall be entitled to withdraw from the contract. The customer shall be informed immediately of the impediment to performance. Any consideration already provided by the customer shall be reimbursed without delay. Further claims by the customer, in particular claims for damages, are excluded.

§ 5 Shipping and Transfer of Risk

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

§ 6 Retention of Title

We retain title to the delivered goods until all claims arising from the supply contract have been paid in full. This shall also apply to all future deliveries, even if we do not always expressly refer to this provision. We shall be entitled to repossess the purchased goods if the customer acts in breach of contract.

Until ownership has passed to the customer, the customer shall be obliged to treat the purchased goods with due care. In particular, the customer shall insure the goods at its own expense against theft, fire and water damage at their replacement value. Until ownership has passed, the customer shall notify us immediately in writing if the delivered item is seized or subjected to any other intervention 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.

The customer shall be entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to us all claims against its purchaser arising from resale of the goods subject to retention of title, up to the final invoice amount agreed with us (including value-added tax). This assignment shall apply irrespective of whether the purchased goods are resold before or after processing. The customer shall remain authorized to collect the claim even after assignment. Our authority to collect the claim ourselves shall remain unaffected. However, we shall not collect the claim as long as the customer meets its payment obligations from the proceeds received, is not in default of payment and, in particular, no application to open insolvency proceedings has been filed and payments have not been suspended.

§ 7 Warranty, Duty to Inspect and Give Notice of Defects, and Recourse/Manufacturer's Recourse

The purchaser's warranty rights require that it has duly complied with its duties to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB).

Claims for defects shall become time-barred 12 months after delivery of the goods supplied by us to our purchaser. The statutory limitation period shall apply to claims for damages in cases of intent and gross negligence and in the event of injury to life, limb or health resulting from an intentional or negligent breach of duty by the user of these Terms and Conditions. Used goods are excluded from the warranty. Our written consent must be obtained before any goods are returned. Please contact us at info@rammounts.de and request an RMA number in the event of an authorized return.

As part of the duty to inspect, we draw attention to the fact that deliveries must be inspected immediately upon receipt for completeness, damage and identifiable defects in accordance with Section 377 HGB. Any shortages or obvious defects must be reported to us in writing using the RMA form immediately upon receipt of the goods. If no such notice is given, the delivered goods shall be deemed accepted with respect to such defects. We are therefore unable to accept subsequent complaints regarding missing or damaged goods unless they concern hidden defects that could not be identified during the incoming-goods inspection.

Our written consent must be obtained before any goods are returned. Unsolicited or inadequately labelled consignments will be returned to the sender with carriage due. To allow us to verify your claims, please send the 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. We will provide the customer with a unique RMA number (Return Material Authorization), further shipping instructions and the required return address.

RAM Mounts Germany GmbH is generally under no obligation to accept the return of goods ordered incorrectly or by mistake by the customer. If we agree to accept such a return, we reserve the right to charge a handling fee of 20% of the net value of the goods.

Please observe the following conditions when returning or exchanging new goods. Products subject to cancellation must be free of damage, defects and visual impairment; the original packaging should be available. Complete sets must include all products and accessories.

If, despite all due care, the delivered goods have a defect that existed at the time risk passed, we shall, subject to timely notice of defects, at our discretion either remedy the defect or deliver replacement goods. We must always be given the opportunity to provide subsequent performance within a reasonable period. Rights of recourse remain unaffected without restriction.

If subsequent performance fails, the purchaser may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.

Claims for defects shall not exist in the event of only insignificant deviations from the agreed quality, only insignificant impairment of usability, natural wear and tear, or damage occurring after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable operating materials, defective construction work, unsuitable building ground or special external influences not assumed under the contract. If the purchaser or a third party carries out improper repairs or modifications, no claims for defects shall exist for such work or for the resulting consequences.

Claims by the purchaser for expenses required for the purpose of subsequent performance, in particular transport, travel, labor and material costs, are excluded insofar as the expenses increase because the goods supplied by us were subsequently taken to a location other than the purchaser's place of business, unless such transfer corresponds to their intended use.

The purchaser shall have rights of recourse against us only insofar as the purchaser has not entered into agreements with its customer that go beyond the legally mandatory claims for defects. Paragraph 6 shall also apply accordingly to the scope of the purchaser's right of recourse against the supplier.

When ordering and delivering bulk packaging, please note that the loose packaging may occasionally cause scratches or scuff marks on the parts. Any complaints based on visual defects are therefore excluded in advance.

§ 8 Miscellaneous

This contract and all legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

All agreements made between the parties for the purpose of performing 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 "Terms and Conditions") of RAM Mounts Germany GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods displayed 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 Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers unless expressly agreed otherwise.

1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these Terms and Conditions is a natural person, legal entity or partnership with legal capacity that acts in the exercise of its trade, business or profession when concluding a legal transaction.

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 may submit the offer using 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 in respect of the goods contained in the shopping cart by clicking the button that completes the ordering process. The Customer may also submit the offer to the Seller by telephone, fax, email, post or 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), in which case receipt of the order confirmation by the Customer shall be decisive; or

–  by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer shall be decisive; or

–  by requesting payment from the Customer after the Customer has placed the order.

If more than one of the above alternatives applies, the contract shall be concluded at the time the first of those alternatives occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the close of the fifth day following dispatch of the offer. If the Seller does not accept the Customer's offer within this period, the offer shall be deemed rejected and the Customer shall no longer be bound by its declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment shall be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal User Agreement available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms 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 available during the online ordering process, the Seller hereby accepts the Customer's offer at the time the Customer clicks the button that completes the ordering process.

2.5 If the "Amazon Payments" payment method is selected, payment shall be processed by Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), subject to the Amazon Payments Europe User Agreement available at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, the Customer also issues a payment instruction to Amazon by clicking the button that completes the ordering process. In this case, the Seller hereby accepts the Customer's offer at the time the Customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When an offer is submitted using the Seller's online order form, the contract text will be stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the order. The Seller will not otherwise make the contract text accessible. If the Customer created a user account in the Seller's online shop before submitting the order, the order data will be archived on the Seller's website and may be accessed by the Customer free of charge through the password-protected user account using the relevant login details.

2.7 Before submitting a binding order using the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The browser's zoom function may be used as an effective technical aid to identify input errors more easily. The Customer may correct entries during the electronic ordering process using the usual keyboard and mouse functions until clicking the button that completes the ordering process.

2.8 The contract may be concluded in German or English.

2.9 Order processing and communication generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct and that emails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal is provided in the Seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at that time.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the relevant product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These may include charges for transferring funds through financial institutions (e.g. bank transfer or exchange-rate fees) and import duties or taxes (e.g. customs duties). Such costs relating to the transfer of funds may also arise where 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 or methods will be communicated to the Customer in the Seller's online shop.

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

4.5 Bank details: RAM Mounts Germany GmbH, IBAN DE97100900002609314004 - BIC BEVODEBB

5) Delivery and Shipping Terms

5.1 Goods shall be delivered by shipment to the delivery address specified by the Customer unless otherwise agreed. The delivery address stated by the Seller during order processing shall be decisive for processing 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 shall not apply to the initial shipping costs if the Customer effectively exercises the right of withdrawal. If the right of withdrawal is effectively exercised, the provisions in the Seller's cancellation policy regarding return shipping costs shall apply.

5.3 Collection by the Customer is not possible for logistical reasons.

5.4 Vouchers will be provided to the Customer as follows:

–  by email

6) Retention of Title

If the Seller provides goods in advance, the Seller shall retain 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 goods are defective, the statutory provisions governing liability for defects shall apply.

7.2 Customers acting as consumers are requested to report goods delivered with obvious transport damage to the delivery company and to inform the Seller accordingly. Failure to do so shall have no effect on the Customer's statutory or contractual claims for defects.

7.3 Service Information Letter - Warranty Terms

8) Redemption of Promotional Vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotions for a limited period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") may be redeemed only in the Seller's online shop and only during the stated period.

8.2 Individual products may be excluded from a voucher promotion if the content of the Promotional Voucher provides for such a restriction.

8.3 Promotional Vouchers may be redeemed only before the ordering process is completed. Subsequent offsetting is not possible.

8.4 Multiple Promotional Vouchers may be redeemed for a single order.

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

8.6 If the value of the Promotional Voucher is insufficient to cover the order, the remaining amount may be paid using any of the other payment methods offered by the Seller.

8.7 Promotional Voucher credit will not be paid out in cash and will not bear interest.

8.8 A Promotional Voucher will not be refunded if the Customer returns goods paid for in whole or in part using the Promotional Voucher under the statutory right of withdrawal.

8.9 A Promotional Voucher is intended solely for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller shall be entitled, but not obliged, to verify the substantive entitlement of the relevant voucher holder.

9) Redemption of Gift Vouchers

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

9.2 Gift Vouchers and any remaining credit on Gift Vouchers may be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the Customer until the expiry date.

9.3 Gift Vouchers may be redeemed only before the ordering process is completed. Subsequent offsetting is not possible.

9.4 Multiple Gift Vouchers may be redeemed for a single order.

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

9.6 If the value of the Gift Voucher is insufficient to cover the order, the remaining amount may be paid using any of the other payment methods offered by the Seller.

9.7 Gift Voucher credit will not be paid out in cash and will not bear interest.

9.8 A Gift Voucher is intended solely for use by the person named on it. Transfer of the Gift Voucher to third parties is excluded. The Seller shall be entitled, but not obliged, to verify the substantive entitlement of the relevant voucher holder.

10) Applicable Law

10.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

10.2 Furthermore, this choice of law shall not apply in respect of the statutory right of withdrawal to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at that time.

11) Jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer's registered office is outside the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract may be attributed to the Customer's professional or commercial activities. In the above cases, however, the Seller shall always be entitled to bring proceedings before the court at the Customer's registered office.

12) Alternative Dispute Resolution

12.1 The European Commission provides an online dispute resolution platform at the following address: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution 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.