GENERAL TERMS AND CONDITIONS
§ 1 Scope and supplier
(1) These General Terms and Conditions of Business apply to all deliveries to consumers and entrepreneurs of the
Rotaris GmbH, Zum Riesenberg 7, 78476 Allensbach, Germany
A consumer is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
(2) Our deliveries, services and offers shall be made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already objected to.
(2) Our deliveries, services and offers shall be made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already objected to.
§ 2 Conclusion of contract
(1) The purchase contract is concluded with Rotaris GmbH, Managing Director: Andreas Schulter, Zum Riesenberg 7, 78476 Allensbach, Germany.
(2) The presentation of goods in the online store does not represent a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.
(3) By clicking the button ["Order now with obligation to pay" / "Buy"] you make a binding offer to purchase (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.
(4) After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(5) A contract of sale for the goods shall only be concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we ship the goods to you - without prior express declaration of acceptance. Exception: in case of payment in advance and PayPal, the acceptance of the order takes place immediately with your order.
§ 3 Prices and shipping costs
The prices listed on the product pages do not include the statutory value added tax and do not include the respective shipping costs. Further information on shipping costs can be found on our website under ["Shipping Information" / "Terms of Delivery"]. The shipping costs will be clearly communicated to you again on the order page.
§ 4 Terms of payment; Default
(1) Payment shall be made either by: by prepayment, credit card, PayPal or by invoice.
(2) The selection of the respective available payment methods is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods for payment, for example, only prepayment to hedge our credit risk.
(3) If you choose payment in advance, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
(4) When paying by credit card, the purchase price will be reserved on your credit card at the time of the order (authorization). The actual charge to your credit card account will occur at the time we ship the goods to you.
(5) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. You will receive further instructions during the order process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(6) If you are in default with a payment, you are obligated to pay the statutory default interest in the amount of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 5.00 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.
§ 5 Offsetting/Right of Retention
(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship with our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of Title
(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by you.
(2) The goods remain our property until full payment of the purchase price.
(3) By way of exception, we shall not be obliged to deliver the goods ordered if we have duly ordered the goods but have not received correct or timely delivery (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that we have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:
- We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security shall not be permissible.
- You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorized to collect the claims. Insofar as you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
- If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 7 Cancellation policy
In the event that you are a consumer in the sense of § 13 BGB (German Civil Code), i.e. if you make the purchase for purposes which are predominantly neither commercial nor self-employed, you shall have a right of revocation in accordance with the following provisions.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us Rotaris GmbH, Zum Riesenberg 7, 78476 Allensbach, Email: info@rotaris.com; Tel.: 0049 (0) 7533 9970950; Fax: 0049 (0) 7533 9970954 by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us or to Rotaris GmbH, Zum Riesenberg 7, 78476 Allensbach, Germany, without undue delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Sample cancellation form
If you want to revoke the contract, please fill out this form and send it back.
To
Company: Rotaris GmbH
Address: Zum Riesenberg 7, 78476 Allensbach, Germany
E-mail: info@rotaris.com
Fax: 0049 (0) 7533 9970954
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of the consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of paper communication)
Date
(*) Delete where not applicable.
End of the cancellation policy
§ 8 Damage in transit
(1) If goods are delivered with obvious transport damage, please claim such defects immediately to the deliverer and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).
(2) If you are a consumer within the meaning of § 13 BGB, the period of liability for warranty claims for used goods - in deviation from the statutory provisions - is one year.
(3) In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to Section 438 (1) No. 3 BGB.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:
- In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or replacement delivery (subsequent performance). In the event of subsequent improvement, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
- If the subsequent performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
§ 10 Liability
(1) The statutory provisions shall apply.
§ 11 Alternative dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. Consumers this gives the opportunity to resolve disputes in connection with your online order first without the intervention of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
We will endeavor to settle any disagreements arising from our contract amicably. Beyond that, we are not obligated to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
§ 12 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Status: December, 2020
Source: Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4