AGBs TDS Riet­berg GmbH & Co. KG 

1. Gene­ral Terms and Conditions

The fol­lo­wing gene­ral terms and con­di­ti­ons app­ly to all con­tracts bet­ween TDS Riet­berg GmbH & Co. KG (her­ein­af­ter refer­red to as TDS Riet­berg, we, us) and con­su­mers and/or entre­pre­neurs. This also appli­es to orders pla­ced via the TDS Riet­berg online store.

A con­su­mer is any natu­ral per­son who enters into a legal tran­sac­tion for pur­po­ses that can pre­do­mi­nant­ly be attri­bu­ted neither to his com­mer­cial nor to his inde­pen­dent pro­fes­sio­nal activity.

An entre­pre­neur is a natu­ral or legal per­son or a part­ner­ship with legal capa­ci­ty, which acts in the exer­cise of its com­mer­cial or inde­pen­dent pro­fes­sio­nal acti­vi­ty when con­clu­ding a legal transaction.


With respect to entre­pre­neurs, the­se gene­ral terms and con­di­ti­ons shall also app­ly to future busi­ness rela­ti­ons even wit­hout the need for us to refer to them again. If the entre­pre­neur uses con­flic­ting or sup­ple­men­ta­ry gene­ral terms and con­di­ti­ons, their vali­di­ty is her­eby objec­ted to; they shall only beco­me part of the con­tract if we have express­ly agreed to them.

2. Con­trac­ting party/Conclusion of contract

All offers are not-bin­ding and non­com­mit­tal. Con­tracts (not con­cluded via the online store) be con­cluded with our writ­ten accep­tance of the order or the exe­cu­ti­on of the deli­very by us.

Con­tracts con­cluded via our online store shall come into effect bet­ween the cus­to­mer and TDS Rietberg.

The pre­sen­ta­ti­on of the pro­ducts in our online store does not con­sti­tu­te a legal­ly bin­ding offer, but a non-bin­ding online cata­log. You can initi­al­ly place our pro­ducts in the shop­ping cart wit­hout obli­ga­ti­on and cor­rect your ent­ries at any time befo­re sub­mit­ting your bin­ding order by using the cor­rec­tion aids pro­vi­ded and explai­ned for this pur­po­se in the order pro­cess. At the end of the orde­ring pro­cess, you will recei­ve a sum­ma­ry of the pro­ducts with the total pri­ce inclu­ding VAT. By cli­cking on the order but­ton (“Buy now”), you place a bin­ding offer for the goods con­tai­ned in the shop­ping cart. A con­fir­ma­ti­on of receipt of your order will be sent by e‑mail imme­dia­te­ly after the order has been sub­mit­ted.  Such con­fir­ma­ti­on of receipt does not yet con­sti­tu­te accep­tance of the buyer’s offer.

The date on which the con­tract with us is con­cluded depends on the method of pay­ment you have chosen:

Pre­pay­ment (bank transfer)

Your offer will be accept­ed by us by sen­ding a con­fir­ma­ti­on of accep­tance in a sepa­ra­te e‑mail within two days, whe­r­ein we will pro­vi­de you with our bank details.

Purcha­se on account

If the pay­ment method purcha­se on account is sel­ec­ted, the con­tract is con­cluded by a writ­ten accep­tance of the offer. The purcha­se pri­ce is due after the goods have been deli­ver­ed and invoi­ced. In this case, the purcha­se pri­ce shall be paid within 14 (four­teen) days upon receipt of the invoice wit­hout deduc­tion, unless other­wi­se agreed. TDS Riet­berg reser­ves the right to offer the pay­ment method purcha­se on account only up to a cer­tain order volu­me and to reject this pay­ment method if the order volu­me exceeds the spe­ci­fied order volu­me. In this case, TDS Riet­berg will inform the cus­to­mer of a cor­re­spon­ding pay­ment rest­ric­tion in his pay­ment infor­ma­ti­on in the online store. In case of purcha­se on account, TDS Riet­berg reser­ves the right to check the cre­dit­wort­hi­ness of the customer.


Cre­dit card

Upon sub­mit­ting your order, you will pro­vi­de us with your cre­dit card details. After your legi­ti­ma­ti­on as a legi­ti­ma­te card­hol­der, your offer will be accept­ed by initia­ting the pay­ment transaction.


Upon sub­mit­ting your offer, you will be redi­rec­ted to the web­site of the online pay­ment pro­vi­der Pay­Pal. On this page, you can enter your pay­ment details and con­firm the pay­ment ins­truc­tion to Pay­Pal. After sub­mit­ting the offer in the store, we will request Pay­Pal to initia­te the pay­ment tran­sac­tion and ther­eby accept your offer.

Regard­less of the pay­ment method, a con­tract shall only be con­cluded if you have accept­ed the­se con­trac­tu­al terms and made them part of the con­tract by cli­cking on the cor­re­spon­ding button.

3. Deli­very times

The deli­very times pro­vi­ded by us shall only be bin­ding if express­ly con­firm­ed as binding.

Our com­pli­ance with deli­very peri­ods and dates shall be sub­ject to the time­ly and com­ple­te ful­fill­ment of the customer’s con­trac­tu­al obli­ga­ti­ons. In par­ti­cu­lar, in the event of chan­ges to tech­ni­cal docu­men­ta­ti­on alre­a­dy in pro­gress for which the purcha­ser is respon­si­ble, the ori­gi­nal­ly sta­ted deli­very date shall no lon­ger be valid.

Our deli­very obli­ga­ti­on is sub­ject to com­ple­te, cor­rect and time­ly deli­very by our own sup­pli­ers, inso­far as we pro­cu­re the goods as a who­le or com­pon­ents of the goods from a sub-sup­pli­er. This does not app­ly if the non-deli­very or delay is due to our fault. No can­cel­la­ti­on of the enti­re order can be deri­ved from the chan­ge of the deli­very date due to the afo­re­men­tio­ned reasons. The sta­ted peri­ods shall begin on the date of the accep­tance of the order, but not befo­re all cir­cum­s­tances of the deli­very have been clarified.

4. Obs­ta­cles in performance

We shall not be lia­ble for impos­si­bi­li­ty of deli­very or for delays in deli­very inso­far as the­se are cau­sed by force majeu­re or other events unfo­re­seeable at the time of con­clu­si­on of the con­tract (e.g. ope­ra­tio­nal dis­rup­ti­ons of all kinds, epi­de­mics, dif­fi­cul­ties in the pro­cu­re­ment of mate­ri­als or ener­gy, trans­port delays, strikes, lawful lock­outs, shorta­ge of labor, ener­gy or raw mate­ri­als, dif­fi­cul­ties in obtai­ning neces­sa­ry offi­ci­al per­mits, offi­ci­al mea­su­res or the absence, incor­rect or untime­ly deli­very by sup­pli­ers) at our pre­mi­ses or tho­se of our sub­con­trac­tors for which we are not responsible.

5. Pri­ces / Terms of payment

The pri­ces shall be unders­tood with the agreed freight basis exclu­ding pack­a­ging plus the respec­tively valid value added tax. Pay­ments shall be due within 10 days of the invoice date wit­hout any deduc­tions, unless express­ly agreed other­wi­se.   The buy­er shall have no rights of reten­ti­on. He shall only be entit­led to set-off if the coun­ter­claims have been ack­now­led­ged by us in wri­ting or have been deter­mi­ned to be legal­ly valid. He shall be entit­led to set off only if the set-offs have been reco­g­nis­ed by us or jud­ged to be effec­ti­ve. We her­eby retain the right to char­ge inte­rest on arre­ars at a rate of 3% abo­ve the dis­count rate of the Ger­man Fede­ral Bank appli­ca­ble at the time. Che­ques are accept­ed on account of per­for­mance only on the basis of spe­cial agree­ments. All cos­ts incur­red in this con­nec­tion shall be bor­ne by the purcha­ser. Pay­ments by che­que will be con­side­red as having been made only at the time at which the coun­ter value is at our free disposal.

6. Cre­dit rating

If the buy­er fails to com­ply with the agreed terms of pay­ment or if, after the con­tract has come into effect, cir­cum­s­tances come to our know­ledge which allow the con­clu­si­on that the buy­er does not have the cre­dit rating we had assu­med at the time of coming into effect of the con­tract, all out­stan­ding accounts shall beco­me prompt­ly and ful­ly due and paya­ble. We shall be entit­led to make any deli­veries and ser­vices still to be per­for­med against advan­ce pay­ment only. If buy­er is in default, we shall be entit­led to with­draw from the con­tract wit­hout gran­ting a respi­te or to cla­im dama­ges for non-performance.

7. Ship­ment / Packing

Ship­ment shall be in all cases at buyer’s risk.  Risk will pass to buy­er at the moment the goods are dis­patched from our pre­mi­ses and are han­ded over to the car­ri­er. The risk of acci­den­tal loss and acci­den­tal dete­rio­ra­ti­on shall pass to Buy­er as soon as we have deli­ver­ed the goods to the car­ri­er, freight for­war­der or any other per­son or insti­tu­ti­on desi­gna­ted to car­ry out the shipment.

Among mer­chants, the obli­ga­ti­on to inspect and give noti­ce of defects regu­la­ted in Sec­tion 377 of the Ger­man Com­mer­cial Code (HGB) shall app­ly. If you fail to give noti­ce as regu­la­ted the­r­ein, the phy­si­cal goods shall be dee­med to have been appro­ved, unless the defect was not reco­gnizable during the inspec­tion. This shall not app­ly if we have frau­du­lent­ly con­cea­led a defect.

To ensu­re claims for com­pen­sa­ti­on, dama­ge must be cer­ti­fied befo­re accep­tance of the ship­ment. The goods will be packed at our dis­cre­ti­on and char­ged at most reasonable prices.

8. Dra­wings / Pro­prie­ta­ry rights

We have sole owner­ship and pro­prie­ta­ry rights (i.e. copy­right) to all dra­wings, tech­ni­cal docu­ments etc., unless this has been expli­ci­ty agreed other­wi­se. Docu­men­ta­ti­on in our owner­ship or under our pro­per­ty right must be retur­ned upon  request. They may neither be made acces­si­ble to third par­ties nor trans­fer­red wit­hout our per­mis­si­on. We shall not be obli­ged to check the lega­li­ty of any design dra­wings, samples, docu­men­ta­ti­on. The par­ty pro­vi­ding the docu­ments shall gua­ran­tee us that the pro­per­ty rights of third par­ties have not been inf­rin­ged. He her­eby under­ta­kes to indem­ni­fy us against  any lia­bi­li­ty in the event that such rights have been inf­rin­ged. We shall not be lia­ble for dama­ge or for the loss of goods, dra­wings and docu­men­ta­ti­ons made available to us.

In par­ti­cu­lar, tech­ni­cal docu­men­ta­ry may not be resold, ren­ted or lea­sed, unless this has been express­ly agreed in writing.

9. Instal­la­ti­on conditions

The regu­lar work time of our assem­blers is 7.75 h. In gene­ral our assem­blers tra­vel by motor vehic­le. The dai­ly cos­ts shall be char­ged for each day at the instal­la­ti­on site, also for the satur­days, sun­days and public holi­days, that are part of the over­all assem­bly on which nowork is done. Our assem­blers are entit­led to have a weekend trip home every 14 days. The tra­vel cos­ts, the hour­ly remu­ne­ra­ti­on and the dai­ly cos­ts for the tra­vel time are at the expen­se of the cus­to­mer. Agree­ments made by tele­pho­ne for assem­bly work must always be con­firm­ed in wri­ting. Assem­bly shall not com­mence until all deli­very parts are at the assem­bly site and the assem­bly site has been sui­ta­b­ly pre­pared for assem­bly.  The cus­to­mer is obli­ged to ensu­re appro­pria­te working con­di­ti­ons, wher­eby exis­ting safe­ty regu­la­ti­ons for the safe­ty of the work­place are to be obser­ved. Our ser­vices shall exclu­si­ve­ly cover assem­bly , com­mis­sio­ning and main­ten­an­ce, etc.   The cus­to­mer bears the respon­si­bi­li­ty for the load-bea­ring capa­ci­ty of the sub­sur­face on which the deli­very item is to be instal­led. The cus­to­mer must pro­vi­de appro­pria­te lif­ting equip­ment free of char­ge, to move the hea­vier parts. Upon request, an assem­bly hel­per shall also be pro­vi­ded free of char­ge.  Delays or inter­rup­ti­ons at the assem­bly site for which we are not respon­si­ble, requi­re addi­tio­nal tra­vel and wai­ting time. The cos­ts for this are bor­ne by the cus­to­mer. The work per­for­med by our assem­blers shall be cer­ti­fied on the assem­bly receipts. The assem­bled plant shall be dee­med to have been accept­ed at the time of commissioning.

10. War­ran­ty

Inso­far as not express­ly agreed other­wi­se below, the sta­tu­to­ry war­ran­ty law shall app­ly to consumers.

In the event that a pro­duct is defec­ti­ve, we shall ful­fill the war­ran­ty rights vis-à-vis entre­pre­neurs initi­al­ly, at our dis­cre­ti­on, by reme­dy­ing the defect (rec­ti­fi­ca­ti­on) or by deli­ve­ring a defect-free item (repla­ce­ment). For entre­pre­neurs, the limi­ta­ti­on peri­od for claims for defects shall be one year from the trans­fer of risk.

The­se limi­ta­ti­ons and shor­tening of the peri­od shall not app­ly to claims based on dama­ge cau­sed by us, our legal repre­sen­ta­ti­ves or vica­rious agents

  • in case of inju­ry to life, body or health;
  • in case of inten­tio­nal or gross­ly negli­gent breach of duty as well as frau­du­lent intent;
  • in the event of a breach of essen­ti­al con­trac­tu­al obli­ga­ti­ons, the ful­fill­ment of which is a pre­re­qui­si­te for the pro­per exe­cu­ti­on of the con­tract and the obser­van­ce of which the con­trac­tu­al part­ner may regu­lar­ly rely on (car­di­nal obligations);
  • under a gua­ran­tee, to the ext­ent agreed upon; or
  • to the ext­ent that the Ger­man Pro­duct Lia­bi­li­ty Act is applicable

The sta­tu­to­ry limi­ta­ti­on peri­ods for the right of recour­se accor­ding to § 478 BGB shall remain unaffected.

Should chan­ges be made to our docu­ments or pro­ducts, all war­ran­ty rights shall expire.

11. Lia­bi­li­ty

We shall always be lia­ble wit­hout limi­ta­ti­on for claims based on dama­ge cau­sed by us, our legal repre­sen­ta­ti­ves or vica­rious agents

  • in case of inju­ry to life, body or health;
  • in case of inten­tio­nal or gross­ly negli­gent breach of duty;
  • in the case of gua­ran­tee pro­mi­ses, to the ext­ent agreed upon; or
  • to the ext­ent that the Ger­man Pro­duct Lia­bi­li­ty Act is applicable.

In the event of a breach of essen­ti­al con­trac­tu­al obli­ga­ti­ons, the ful­fill­ment of which is a con­di­ti­on pre­ce­dent to the pro­per per­for­mance of the con­tract and on the obser­van­ce of which the con­trac­tu­al part­ner may regu­lar­ly rely (car­di­nal obli­ga­ti­ons) due to slight negli­gence on our part, on the part of our legal repre­sen­ta­ti­ves or vica­rious agents, the amount of lia­bi­li­ty shall be limi­t­ed to the dama­ge fore­seeable at the time of the con­clu­si­on of the con­tract, the occur­rence of which must typi­cal­ly be expec­ted. Apart from that, claims for dama­ges are excluded.

To the ext­ent that our online store offers the pos­si­bi­li­ty of for­war­ding to data­ba­ses, web­sites, ser­vices, etc. to third par­ties, e.g. by set­ting links or hyper­links, TDS Riet­berg is neither lia­ble for acces­si­bi­li­ty, exis­tence or secu­ri­ty of the­se data­ba­ses or ser­vices, nor for the con­tent of the same. In par­ti­cu­lar, TDS Riet­berg is not lia­ble for their lega­li­ty, cor­rect­ness of con­tent, com­ple­ten­ess, up-to-daten­ess, etc.

12. Indem­ni­fi­ca­ti­on

We shall not be lia­ble for our docu­men­ta­ti­on in the event that the asso­cia­ted pro­duct is sub­se­quent­ly modi­fied in such a way that the con­tent of our docu­men­ta­ti­on beco­mes incor­rect. The pro­duct cus­to­mer shall also indem­ni­fy us in this case against any claims by third par­ties, irre­spec­ti­ve of the legal grounds on which they are asserted.

13. Com­mis­sio­ned work

If, in the case of con­tract work, parts or docu­men­ta­ti­on are pro­vi­ded by the cus­to­mer, we shall only be obli­ged to inspect the­se parts or docu­men­ta­ti­on if this has been express­ly agreed in wri­ting. If deli­ver­ed parts beco­me unusable as a result of force majeu­re or other cir­cum­s­tances for which we are not respon­si­ble, no cla­im against us for free repla­ce­ment deli­very or reim­bur­se­ment of other cos­ts can be deri­ved from this.

14. Reten­ti­on of title

We retain title to phy­si­cal goods until pay­ment has been made in full.

For entre­pre­neurs, the fol­lo­wing shall app­ly in addi­ti­on: We shall retain title to the goods until all claims ari­sing from an ongo­ing busi­ness rela­ti­onship have been sett­led in full. You may resell phy­si­cal goods sub­ject to reten­ti­on of title in the ordi­na­ry cour­se of busi­ness; you assign to us in advan­ce all claims ari­sing from this resa­le — irre­spec­ti­ve of any com­bi­na­ti­on or mixing of the goods sub­ject to reten­ti­on of title with a new item — in the amount of the invoice amount, and we accept this assign­ment. You shall remain aut­ho­ri­zed to coll­ect the claims, but we may also coll­ect claims our­sel­ves inso­far as you do not meet your pay­ment obligations.

15. Place of per­for­mance / Law / Place of Jurisdiction

For entre­pre­neurs, the law of the Fede­ral Repu­blic of Ger­ma­ny shall app­ly under exclu­si­on of the UN Con­ven­ti­on on Con­tracts for the Inter­na­tio­nal Sale of Goods.

If you are a mer­chant within the mea­ning of the Ger­man Com­mer­cial Code, a legal enti­ty under public law or a spe­cial fund under public law, the exclu­si­ve place of juris­dic­tion for all dis­pu­tes ari­sing from con­trac­tu­al rela­ti­onships bet­ween us and you shall be our regis­tered office.

Place of per­for­mance for deli­very and pay­ment is the place of our regis­tered office.

nso­far as parts of the terms and con­di­ti­ons are inva­lid due to sta­tu­to­ry pro­vi­si­ons, in par­ti­cu­lar the law regu­la­ting the law on gene­ral terms and con­di­ti­ons (AGB Act), it is agreed that inva­lid parts of the terms and con­di­ti­ons shall be repla­ced by legal­ly per­mis­si­ble pro­vi­si­ons, in par­ti­cu­lar the terms and con­di­ti­ons pro­vi­ded for in the AGB Act for the respec­ti­ve cir­cum­s­tances. This shall app­ly in par­ti­cu­lar to tran­sac­tions with non-merchants.

16. Mis­cel­la­neous

Any con­di­ti­ons con­tra­ry to our Gene­ral Terms and Con­di­ti­ons shall not be valid. The Ger­man ver­si­on shall prevail.