General terms and conditions
G&H GmbH Rothschenk load securing systems
I. Basic provisions
- The following terms and conditions apply to contracts that you conclude with us via our Online Shop24 on the website https://rothschenk.de/. Your contractual partner is G&H GmbH Rothschenk, Industriestraße 7 & 8-10, D-97239 Aub; Register court: Würzburg Local Court, register number: HRB 5676
- A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
- An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
II Offer, acceptance and conclusion of contract
- The presentation of products and services in the online store does not constitute an offer within the meaning of § 145 ff. BGB (German Civil Code). By placing an order, the customer submits an offer directed towards the conclusion of the contract. The products and services are ordered by placing them in the shopping cart. Once the customer has made their selection, all they have to do is enter their customer details, select a payment method and place a legally binding order for the relevant products and/or services. To do this, the customer clicks on the “Submit order” button (or similar). The customer then first receives an order confirmation. However, this does not constitute an acceptance within the meaning of § 146 et seq. 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 is also sent to the customer by e-mail. The customer agrees to this.
- The content of the contract is 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.
- Subject to deviating individual agreements, contracts shall only be concluded on the basis of these terms and conditions. Any terms and conditions to the contrary are hereby contradicted.
III Prices, shipping costs and payment
- Unless otherwise agreed in writing, our prices are ex works plus VAT at the applicable statutory rate. For consumers, the prices stated on the product pages ( net or gross according to the corresponding default setting) are shown in a different manner with statutory VAT and other price components. The shipping costs are always listed separately in the order confirmation.
- You can find our payment methods on the following page: https://rothschenk.de/zahlungsweisen/. If you use an instant payment system (e.g. PayPal, giropay, …) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.
- Payment is also possible in advance or conditionally on account. We will give you our bank details in the order confirmation and deliver the goods after receipt of payment in the case of advance payment. In the case of purchase on account, the invoice amounts are to be paid net without deductions within 14 days of receipt of the goods. For larger amounts, first orders or new customers, we reserve the right to change the payment method at any time, e.g. advance payment.
- After expiry of a payment deadline, the customer shall be in default of payment. If the customer is in arrears with payments to us, all existing claims shall become due immediately. During the delay the customer has to pay the monetary debt at the rate of 9% above the prime rate according to §248 para. 2 BGB (German Civil Code). We reserve the right to claim higher damages for delay. If the customer is in default of payment, we shall not be obliged to make any further deliveries under any contract until the invoice amounts due, including interest on arrears, have been settled and we shall be entitled, at our discretion, to withdraw from any contracts concluded or to claim damages in lieu of performance if the customer has not made payment within 10 days of receipt of a justified reminder.
- Offsetting against counterclaims is only permissible if these are recognized by us in writing or have been legally established. The customer shall not be entitled to assign its claims in kind or to have them collected by third parties without our prior written consent, which may not be unreasonably withheld. For monetary receivables, §354 a HGB applies. We are entitled to assign all claims arising from our business relationship to third parties.
IV. Right of withdrawal
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 withdrawal 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 send us
G & H GmbH RothschenkIndustriestrasse 5 & 7-10D-97239 Aub
info@rothschenk.deTel: 09335 – 97150Fax: 09335 -971515
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the enclosed sample revocation form for this purpose, but it 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 at the latest 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 for this repayment.
We may refuse to refund you 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 immediately 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 deadline of fourteen days. You bear the direct costs of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
IV. Right of withdrawal
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 withdrawal 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 send us
G & H GmbH RothschenkIndustriestrasse 5 & 7-10D-97239 Aub
info@rothschenk.deTel: 09335 – 97150Fax: 09335 -971515
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the enclosed sample revocation form for this purpose, but it 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 at the latest 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 for this repayment.
We may refuse to refund you 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 immediately 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 deadline of fourteen days. You bear the direct costs of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
Sample cancellation form
(If you wish to withdraw from the contract, please fill out the adjacent form or send us an email directly with the contents described)
To G & H GmbH Rothschenk, Industriestraße 5 & 7-10, D-97239 Aub
E-mail address: info@rothschenk.de
– 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 the consumer(s)
– Signature of the consumer(s) (only in case of notification on paper)
– Date ————-
(*) Delete as applicable.
V. Retention of title
- G&H GmbH Rothschenk retains title to all products (goods subject to retention of title) and additionally owed ancillary services until full payment of all claims to which we are entitled from the business relationships. In the case of a current account, the retention of title shall serve as security for its balance claim.
- The customer undertakes to treat the goods with care as long as ownership has not been transferred to him.
- 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 goods subject to retention of title in the amount of the final invoice amount agreed with us (including value added tax). We accept this assignment. The customer shall continue to be entitled to collect these claims after the assignment. However, we reserve the right to collect the claims in question ourselves as soon as the customer fails to properly meet his payment obligations and falls into arrears.
- If the goods are inseparably mixed with items that do not belong to G&H GmbH Rothschenk, G&H GmbH Rothschenk shall acquire co-ownership of the new item in the ratio of the value of the goods to the other mixed items at the time of mixing.
- 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.
- If the customer significantly violates the obligations mentioned above in Section III No. 1-5, G&H GmbH Rothschenk is entitled to withdraw from the contract.
VI. delivery
- In principle, a debt to be discharged on delivery within the meaning of Section 447 BGB is agreed unless a debt to be collected has been expressly agreed otherwise in writing.
- If the customer is an entrepreneur within the meaning of Section 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 Section 310 (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 they leave the warehouse or – in the case of drop shipments – the supplying plant. Insurance shall only be taken out on the instruction of the customer, in the customer’s name and at the customer’s expense.
- 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 upon notification that the goods are ready for collection. If the goods are not collected on time, the company G&H GmbH Rothschenk is entitled, after setting a reasonable deadline, to ship or store the goods at the expense of the customer.
- Delivery deadlines 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 industrial disputes, in particular strikes and lockouts, as well as in the event of unforeseeable hindrances beyond our control, insofar as such hindrances can be proven to have a considerable influence on the manufacture or delivery of the goods. This shall also apply if the circumstances occur with upstream suppliers. G&H GmbH Rothschenk shall inform the Customer of such circumstances without delay. If the performance of the contract becomes unreasonable for one of the parties due to these circumstances, it may withdraw from the contract to this extent.
- G&H GmbH Rothschenk is entitled to make partial deliveries to a reasonable extent.
VII Warranty
- The statutory warranty rights apply.
- As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
- If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
- If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a ) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by repair or subsequent delivery. If the rectification of defects fails, you can demand a reduction in price or withdraw from the contract at your discretion. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the move does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods.
The shortening of the period shall not apply:
– for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
– for statutory rights of recourse that you have against us in connection with warranty rights.
VIII. Liability
- G&H GmbH Rothschenk shall be liable for damages for any legal reason for damages caused by G&H GmbH Rothschenk, its legal representatives or its vicarious agents intentionally or through gross negligence, damages resulting from injury to life, limb or health, even in the event of a slight breach of duty by G&H GmbH Rothschenk, its legal representatives or its vicarious agents, damages caused by the absence of a guaranteed quality or defects which G&H GmbH Rothschenk fraudulently caused.H GmbH Rothschenk, its legal representatives or its vicarious agents, damage caused by the absence of a guaranteed quality or relating to defects which G&H GmbH Rothschenk has fraudulently concealed, unlimited in amount.
- In dealings between entrepreneurs, G&H GmbH Rothschenk shall be liable in the event of a breach of material contractual obligations, insofar as our liability is not already justified in accordance with the above, limited to the amount of damage typical for the contract and foreseeable at the time of conclusion of the contract.
- Any further liability for damages, in particular liability without fault, is excluded.
- Liability under the Product Liability Act remains unaffected.
IX. Data protection
- 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 GDPR is limited to what is necessary for business and organizational purposes.
- G&H GmbH Rothschenk refers to its data protection declaration, which it expressly makes the basis of every business relationship.
X. Dispute resolution
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
XI. Choice of law, place of performance, place of jurisdiction
- German law applies. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).
- The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
- The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
XII. Final provisions
- Assurances, collateral agreements, amendments and supplements to the contract must be made in writing, whereby the formal requirement can only be waived by an express written declaration for the individual case.
- 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 any further information obligations.
- 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 invalid obligation with a provision that comes as close as possible to the intended result and that the parties would have agreed upon if they had known about the invalidity of the provision in question.
