This is an automated translation of our German terms and conditions and is only of informative character.
Table of Contents
1.1 These General Terms and Conditions (hereinafter "GTC") of H. H. Rotert GmbH & Co. KG (hereinafter "Seller") shall apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly attributable neither to their commercial nor to their independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2.1 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. By clicking the button finalizing the order process after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping cart. Furthermore, the Customer can also submit the offer to the Seller by telephone, fax, email, post, or via the online contact form.
2.3 The Seller can accept the Customer's offer within five days,
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the result that the Customer is no longer bound by his declaration of intent.
2.4 When selecting a payment method offered by PayPal (PayPal, direct debit via PayPal, credit card via PayPal), the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, viewable at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or, if the Customer does not have a PayPal account or pays without a PayPal account, subject to the conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button which concludes the order process.
2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax, or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by providing the corresponding login data.
2.6 Before binding submission of the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, with the help of which the display on the screen is enlarged. The Customer can correct his entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button which concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by him for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy (Widerrufsbelehrung).
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4.1 The prices stated in the online shop are shown both as net prices plus the statutory value-added tax (VAT) and as gross prices including the statutory VAT. If the Customer acts as an entrepreneur, the net prices plus the statutory VAT apply; if the Customer acts as a consumer, the gross prices (total prices including the statutory VAT) apply. Any additional delivery and shipping costs incurred will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may apply in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to the money transfer if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When selecting a payment method offered by PayPal, payment processing is carried out via PayPal, which may also use other payment service providers for this purpose. The individual payment methods offered via PayPal are communicated to the Customer in the Seller's online shop. The Seller does not charge any additional fees for the use of these payment methods. When selecting the payment method "PayPal", the Customer must be registered with PayPal or register, legitimize himself with his access data and confirm the payment instruction to PayPal. The payment transaction is carried out by PayPal immediately after the order has been placed.
4.6 When selecting the payment method "direct debit via PayPal", a PayPal account is not required. By confirming the payment instruction, the Customer grants PayPal a SEPA direct debit mandate; PayPal will not debit the invoice amount from the Customer's bank account before the period for the advance notice has expired. Advance notice ("pre-notification") is any communication to the Customer announcing a debit by SEPA direct debit; it is provided by PayPal together with the payment confirmation. PayPal may carry out an identity and credit check before accepting the payment and may reject the payment method if the result is negative; in this case the Customer can choose another payment method offered. PayPal's conditions apply to direct debits that are not honoured or are returned without justification; PayPal may then charge the Customer a fee.
4.7 When selecting the payment method "credit card via PayPal", the card payment is processed via PayPal; a PayPal account is not required for this. The Customer may additionally have to authorise the payment with his card issuer (strong customer authentication, e.g. 3-D Secure). The card is charged immediately after the order has been placed.
4.8 If the payment method purchase on account (invoice) is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is payable without deduction within 30 (thirty) days of the invoice date, unless otherwise agreed. The Seller reserves the right to offer the purchase on account payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in his payment information in the online shop. The Seller also reserves the right to carry out a credit check when selecting the purchase on account payment method and to reject this payment method if the credit check is negative.
5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the outbound shipment if the Customer effectively exercises his right of withdrawal. For the return costs, if the right of withdrawal is effectively exercised by the Customer, the regulation made in the Seller's cancellation policy applies.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise intended to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon handover of the goods to the Customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer for consumers as soon as the Seller has delivered the item to the freight forwarder, the carrier, or the person or institution otherwise intended to carry out the shipment, if the Customer has commissioned the freight forwarder, the carrier, or the person or institution otherwise intended to carry out the shipment with the execution and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not the fault of the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be reimbursed immediately.
5.5 Self-collection of the goods is only possible after prior consultation with the Seller. In this case, the Customer may collect the ordered goods at the agreed time at the address specified by the Seller; no shipping costs will then be charged.
If the Seller makes advance performance, he retains title to the delivered goods until the owed purchase price has been paid in full.
Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
7.2 The above-mentioned limitations of liability and shortening of deadlines do not apply
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he is subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the Customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect on his statutory or contractual claims for defects.
8.1 Vouchers that are issued by the Seller free of charge as part of advertising campaigns with a specific validity period and that cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
8.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.
8.7 The credit of a promotional voucher is neither paid out in cash nor does it bear interest.
8.8 The promotional voucher will not be refunded if the Customer returns the goods paid wholly or partly with the promotional voucher within the scope of his statutory right of withdrawal.
8.9 The promotional voucher is intended only for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material eligibility of the respective voucher holder.
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods (UN Sales Law). For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Seller. If the Customer is based outside the territory of the Federal Republic of Germany, the Seller's registered office is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the above cases, the Seller is in any case entitled to bring an action before the court at the Customer's registered office.
The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.