General Terms and Conditions of Business
§1 SCOPE OF APPLICATION
The following terms and conditions are an integral part of all of our offers and declarations of acceptance of contract, as well as the basis of all our sales and deliveries, including advice and information. They shall apply at the latest upon conclusion of a contract. Conflicting general terms and conditions of the customer are excluded, even if we do not expressly contradict them. These general terms and conditions of business shall apply accordingly to supplementary and follow-up orders of the type mentioned. They shall become effective at the latest when the supplementary and follow-up orders are concluded.
§2 CONTENT OF THE CONTRACT
Pre-contractual notifications, in particular offers, descriptions, cost estimates are - unless expressly agreed - subject to change. All offers are not binding. We expressly reserve the right to change, add to or delete parts of the website or the entire offer without seperate notification and to discontinue publication temporarily or permanently.
The content, layout and design of the website as well as the information it contains are protected by copyright. Reprinting or other methods of reproduction are not permitted without our written consent.
§4 OFFER AND CONCLUSION OF CONTRACT
Orders placed by the client in writing, by telephone or by e-mail are offers to which the client is generally bound. The contract shall only come into effect with an order confirmation by us. The order confirmation is made in writing either by post or by e-mail.
Consumers have the right to revoke their declaration of intent to conclude the contract within 3 days. The revocation does not have to be justified and must be declared to us in text form (letter or email). Timely dispatch suffices to meet the deadline. The period begins with the submission of the declaration of intent directed at the conclusion of the contract and at the earliest with the receipt of this instruction. The right of revocation expires prematurely if we have started to carry out our work with your express consent before the end of the revocation period, or if you have arranged this yourself. In the case of an effective revocation, mutually received services are to be returned and any benefits derived are to be surrendered.
The prices which are stated in the offer at the time of the order apply. In case of individual agreements, a written form is required. We expressly reserve the right to correct obvious errors. All prices are quoted in euros and include the value added tax applicable at the time of conclusion of the contract.
§6 DELIVERY TIMES, DELIVERY AND TRANSFER OF RISK
The completion of the ordered goods will take place as soon as possible, at the latest, however, within approx. 6-8 weeks after conclusion of the contract, unless we have expressly designated them as binding in writing. The completion period begins on the day of receipt of our order confirmation by the customer.
In the event of force majeure and other unforeseeable, extraordinary and involuntary circumstances, e.g. in the event of difficulties in procuring materials, operational disruptions, lack of means of transport, official interventions, power supply difficulties, etc. - if we are prevented from fulfilling our obligation in good time - the execution period shall be extended by the duration of the hindrance, plus a reasonable start-up period. If delivery or performance becomes impossible or unreasonable due to the circumstances mentioned, we shall be released from the obligation to produce the work.
If the execution delays last longer than four weeks, we are entitled to withdraw from the contract. If the execution is extended or if we have to withdraw from the contract, the customer cannot derive any claims for damages from this. However, we can only refer to the circumstances mentioned if we inform the customer immediately.
In the event of our own delay and impossibility of performance for which we are responsible, we are only obliged to pay compensation for non-performance in the event of willful intent and gross negligence. The customers's right to withdraw from the contract after the unsuccessful expiry of a reasonable grace period set by us remains unaffected. In addition, we are entitled to partial performance to a reasonable extent.
The risk passes to the customer on the day of dispatch of the ordered goods.
§7 RETENTION OF TITLE
If, in exceptional cases, a delivery is not made against advance payment in accordance with a written agreement with the customer, the ownership of the delivered goods is only transferred to the customer upon full payments of the purchase price including all subsidiary claims. The customer is not entitled to dispose of the ordered goods before the transfer of ownership. The client must inform us immediately if third parties assert rights to the goods of any kind.
§8 RIGHT TO RETURN AND RETURN INSTRUCTIONS
There is no right of return for custom-made products. The goods received can only be returned within 10 days if they do not correspond to the agreed type (wrong goods). The period begins at the earliest upon receipt of the goods. Timely dispatch of the goods is sufficient to meet the deadline. Returns must always be reported to us in writing within the aforementioned 10 days. The return shipment is then at our expense.
The return must be made to:
The goods are to be returned to us in perfect condition and including all undamaged packaging parts. Immediately after receipt of the goods, we will return the paid purchase price as well as any costs incurred for the return shipment to the customer. For this purpose, the customer must inform us of his bank account details in good time, at the latest when the goods are returned.
In the event of deterioration of the goods, we can demand compensation for lost value. We shall be entitled to retain any reduction in value of the goods from the purchase price, if the customer is responsible for the deterioration of the goods.
In accordance with §437 of the German Civil Code (BGB), in the event of defects in the delivered goods, the customer initially only has a claim to rectification. The customer is only entitled to further statutory warranty claims such as reduction of the purchase price and withdrawal from the contract after two failed attempts at rectification by us. Further claims of the client are excluded.
We are not liable for damage that have not occured to the delivery item itself. In particular, we are not liable for any losses of profit or other financial losses suffered by the client. Claims due to intent and gross negligence are excluded from this. The fulfillment of warranty claims can be made dependent on the customer returning the defective goods to us beforehand to enable us to examine the complaint. If a defect cannot be determined or if it turns out that the defect was caused by the customer himself, warranty claims are excluded. The goods will then be returned to the client in the defective condition at his own expense.
Obvious transport damage must be submitted by the customer to the transport service provider immediately after receipt of the goods. The client is also obliged to check the goods received and to notify us of obvious defects immediately, but no later than 48 hours after receipt of the goods, in writing or by email.
In the case of custom-made products and subsequent orders, a down payment of 50% of the purchase price will be made after the order is placed. The remaining amount has to be paid upon completion. The delivery of the ordered goods will only takes place after receipt of the total amount.
§11 PLACE OF PERFORMANCE
The place of performance for all services owed under the contract, including any warranty claims, is Geilenkirchen.
Any agreements deviating from or supplementing these terms and conditions must be made in writing to be valid. Our products are manufactured on customer's request and we point out that we do not assume any liability for any damage to health or any kind of damage. The German law applies.
The place of jurisdiction for all disputes arising from the contractual relationship is Geilenkirchen. This agreement on the place of jurisdiction only applies if the client is an entrepreneur in the sense of §14 BGB. In all other cases, the statutory place of jurisdiction applies.
Should one of the above provisions of these terms and conditions be or become invalid, the remaining provisions shall remain in effect. Since these are custom-made products on customer's request, Rosengarn does not assume any responsibility for any damage to health that may occur.