Terms of Service
G&H Ltd. Rothschenk load securement systems
1. The law of the Federal Republic of Germany applies. UN sales law (CISG) is excluded.
2. these terms and conditions apply exclusively to all - also future - contracts of any kind between the company G&H GmbH Rothschenk and the customers, who are entrepreneurs in the sense of § 14 BGB (German Civil Code), as well as legal entities under public law or special funds under public law in the sense of §310 paragraph 1 BGB.
(3) These terms and conditions shall also apply to all future transactions with the customer/client, insofar as these are legal transactions of a related nature.
If the Customer does not have a general place of jurisdiction within the European Union or if he is an entrepreneur within the meaning of § 14 BGB (German Civil Code), as well as legal entities under public law or special funds under public law within the meaning of § 310 Paragraph 1 BGB, the place of jurisdiction for all claims arising from the contractual relationship shall be the registered office of the company G&H Rothschenk, 97239 Aub. However, the company G& H Rothschenk is also entitled to bring an action at the registered office of the customer.
II. Offer and conclusion of contract
1. the presentation of the products and services in the online store do not constitute an offer within the meaning of § 145 et seq. BGB (German Civil Code). By placing an order, the customer submits an offer directed towards the conclusion of the contract. The customer then initially receives an order confirmation. However, this does not represent an acceptance in the sense of § 146 ff. BGB. Contracts are only concluded with the order confirmation, which the company G&H GmbH Rothschenk sends to the customer by the usual commercial means of dispatch (e.g. e-mail, fax, letter). The invoice will also be sent to the customer by e-mail. The customer agrees to this.
2. The content of the contract shall be based solely on the order confirmation in text form. If the order confirmation deviates from the order, the customer shall be deemed to have given his consent unless he objects without delay. 3.contracts are concluded subject to deviating individual agreements only on the basis of these conditions. Other terms and conditions are hereby contradicted.
III. cancellation policy
As a precautionary measure, we would like to point out that we do not conclude consumer contracts in the sense of the law and therefore no right of withdrawal exists with regard to the contracts concluded with the company G&H GmbH Rothschenk.
In the event that a contract is concluded with a consumer within the meaning of § 13 BGB, the following cancellation policy shall apply. 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. Cancellation policy: You have the right to cancel 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, have taken or has taken possession of the last goods. To exercise your right of withdrawal, you must inform us G & H GmbH Rothschenk, Industriestraße 8-10, D-97239 Aub. firstname.lastname@example.org Tel: 09335 - 971519 Fax: 09335 -971515 by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke 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 the 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 without undue delay and in any case no later than within 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 expiry 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. Exclusion or premature expiry of the right of withdrawal
Sample cancellation form
(If you want to cancel the contract, please fill out and return this form).
To G & H GmbH Rothschenk, Industriestraße 8-10, D-97239 Aub
- 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)
- Name of the consumer(s)
- Signature of the consumer(s) (only in case of notification on paper)
- Date ____________________ (*) Delete as appropriate.
III. Prices, payment and offsetting
1. the prices stated in the order confirmation shall apply subject to the proviso that the offer data on which the order confirmation is based remain unchanged, but no longer than four months after receipt of the order confirmation by the customer. Unless otherwise agreed in writing, our prices are ex works plus value added tax at the statutory rate applicable at the time. The prices do not include packaging, freight, postage, insurance and other shipping costs or customs duties.
2. payment is possible with Paypal, prepayment or on account. In case of purchase on account, the invoice amounts are to be paid upon receipt of the goods within 14 days after the invoice date with 2% discount or within 30 days after the invoice date net without deductions.
3. in case of larger or first orders or new customers we reserve the right to use a different method of payment, e.g. prepayment.
4. after expiry of a payment deadline, the customer shall be in default of payment. If the customer is in default with any payments to us, all existing claims shall become due immediately. During the period of default, the customer shall pay interest on the monetary debt at a rate of 9% above the base interest rate in accordance with §248 para. 2 BGB. The assertion of a higher damage caused by default remains reserved. If the customer is in default of payment, we shall not be obligated to make any further deliveries under any contract until the due invoice amounts, including interest on arrears, have been settled, and we shall be entitled, at our own discretion, to withdraw from concluded contracts or to claim damages in lieu of performance if the customer has not made payment within 10 days of receipt of a justified reminder.
5. offsetting with counterclaims shall only be permissible insofar as these have been acknowledged by us in writing or have been legally established. Without our prior written consent, which may not be unreasonably withheld, the customer shall not be entitled to assign its claims in kind or to have them collected by third parties. For monetary claims §354 a HGB (German Commercial Code) shall apply. We are entitled to assign all claims arising from our business relationship to third parties.
IV. Retention of title
1. The company G&H GmbH Rothschenk reserves the right of ownership of all products (reserved goods) and additionally owed ancillary services until full payment of all claims to which we are entitled from the business relations. In case of current account, the retention of title shall be considered as security for its balance claim.
2. the customer undertakes to treat the goods with care as long as ownership has not passed to him.
3. the customer is entitled to resell the reserved goods in the normal course of business. The customer hereby assigns to us the claims of the purchaser arising from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including value added tax). We accept this assignment. After the assignment, the customer shall continue to be entitled to collect these claims. However, we reserve the right to collect the relevant claims ourselves as soon as the customer fails to properly meet his payment obligations and falls into arrears.
4. if the goods are inseparably mixed with objects not belonging to G&H GmbH Rothschenk, G&H GmbH Rothschenk shall acquire co-ownership of the new object in the ratio of the value of the goods to the other mixed objects at the time of mixing.
5. if the value of the securities existing for us exceeds the claims against the customer by more than 20%, we shall be obliged to release the securities to this extent at the customer's request.
6. if the customer significantly violates the above mentioned obligations in IV No.1-5, G&H GmbH Rothschenk is entitled to withdraw from the contract.
(1) In principle, a debt to be discharged within the meaning of Section 447 of the German Civil Code (BGB) shall be agreed, unless a debt to be discharged by collection has been expressly agreed in writing. 2. if the customer is an entrepreneur in the sense of § 14 BGB, as well as legal entities under public law or special funds under public law in the sense of § 310 paragraph 1 BGB, the risk shall pass to the customer when the goods are handed over to a forwarding agent or carrier, but at the latest when the goods leave the warehouse or - in the case of drop shipments - the supplying plant. Insurance shall only be taken out on the customer's instructions, in the customer's name and at the customer's expense.
3. if the customer is in default of acceptance, this shall be deemed equivalent to handover. Insofar as collection has been agreed, the material risk shall pass to the customer with the notification of provision. If the collection does not take place on time, the company G&H GmbH Rothschenk is entitled, after setting an appropriate deadline, to ship or store the goods at the expense of the customer.
4. delivery periods and dates are deemed to have been met if the goods have left the premises of G&H GmbH Rothschenk by the time they expire. They shall only be extended to a reasonable extent in the event of measures within the scope of labor disputes, in particular strikes and lockouts, as well as in the event of unforeseeable obstacles that are beyond our control, insofar as such obstacles demonstrably have a significant influence on the production or delivery of the goods. This shall also apply if the circumstances occur at sub-suppliers. G&H GmbH Rothschenk shall inform the customer of such circumstances without delay. If the execution of the contract becomes unreasonable for one of the parties due to these circumstances, it can withdraw from the contract in this respect.
5. G&H GmbH Rothschenk is entitled to make partial deliveries to a reasonable extent.
(1) If the customer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), as well as legal entities under public law or special funds under public law within the meaning of § 310 (1) of the German Civil Code (BGB), the customer's warranty rights shall be subject to the condition that the customer has duly complied with its inspection and complaint obligations under § 377 of the German Commercial Code (HGB). Complaints are only admissible within one week after receipt of the goods. Hidden defects which cannot be found after immediate inspection must be claimed in writing within the statutory warranty period.
2. if the customer acts as an entrepreneur in the sense of § 14 BGB (German Civil Code), as well as legal entities under public law or special funds under public law in the sense of §310 paragraph 1 BGB, claims for defects become time-barred 12 months after the goods have been handed over to the customer. The consent of G&H GmbH Rothschenk must be obtained before any return of the goods.
3. should the delivered goods have a defect in the sense of §§ 434f. BGB (German Civil Code), which already existed at the time of the transfer of risk, the company G&H GmbH Rothschenk shall, subject to timely notification of defects, either repair the goods or deliver replacement goods. The company G&H GmbH Rothschenk must always be given the opportunity to remedy the defect within a reasonable period of time. Claims under a right of recourse shall remain unaffected by the above provision without restriction.
If the supplementary performance fails, the customer may - irrespective of any claims for damages - withdraw from the contract or reduce the remuneration.
5. claims for defects shall not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of the usability, in the case of natural wear and tear as well as in the case of damage which occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating resources or due to special external influences which are not assumed under the contract. If improper repair work or modifications are carried out by the customer or third parties, there shall also be no claims for defects for these and the resulting consequences.
6. claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labor and material costs, shall be excluded insofar as the expenses increase because the goods delivered by us have subsequently been taken to a place other than the customer's place of business, unless the transfer is in accordance with the intended use.
7. the customer's right of recourse against the company G&H GmbH Rothschenk shall only exist insofar as the customer has not made any agreements with its customer that go beyond the legally mandatory claims for defects. Furthermore, No. 6 applies accordingly to the scope of the customer's right of recourse against the supplier.
8. the limitation period of 12 months shall apply to customers who are entrepreneurs within the meaning of § 14 BGB, as well as legal entities under public law or special funds under public law within the meaning of § 310 para. 1 BGB, also for the limitation of recourse claims in the supply chain pursuant to § 445 b para. 1 BGB. The suspension of the statute of limitations under Section 445 b (2) BGB shall remain unaffected. The statutory limitation periods shall apply to claims for damages in the case of recourse claims in the supply chain.
1. The company G&H GmbH Rothschenk is liable for damages for any legal reason for damages caused by the company G&H GmbH Rothschenk, its legal representatives or its agents intentionally or through gross negligence, damages resulting from injury to life, body or health, even in the case of a slight breach of duty by the company G&H GmbH Rothschenk, its legal representatives or its agents, the body or health, even in the case of slight breach of duty by the company G&H GmbH Rothschenk, its legal representatives or its vicarious agents, damages caused by the absence of a guaranteed quality or defects which the company G&H GmbH Rothschenk has fraudulently concealed, unlimited in amount.
2. in dealings between entrepreneurs, the company G&H GmbH Rothschenk is liable in the event of a breach of essential contractual obligations, insofar as our liability is not already justified in accordance with the above, limited to the amount of the damage typical for the contract and foreseeable at the time of conclusion of the contract.
3. Any further liability for damages, in particular liability without fault, is excluded.
4. Liability under the Product Liability Act remains unaffected.
IX. Data protection
1. the company G&H GmbH Rothschenk, processes and stores only the data necessary for the business relationship. The use of personal data within the meaning of the DSGVO is limited to the extent necessary for business and organizational purposes.
2. the company G&H GmbH Rothschenk refers to its Data protection declarationwhich it expressly makes the basis of any business relationship.
X. Final provisions
1. assurances, collateral agreements, amendments and supplements to the contract must be made in writing, whereby the formal requirement can only be waived by express written declaration for the individual case.
2 The customer is aware that the personal data provided by him when entering into or during the business relationship will be processed, in particular stored. Upon request, this data together with these GTC will be sent to the customer by e-mail. We are exempt from further information obligations.
3. should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the ineffective obligations with a provision that comes as close as possible to the intended outcome and which the parties would have agreed if they had known of the ineffectiveness of the provision in question.