terms & conditions of Rosemeyers
§1 Scope & Definitions
(1) For the business relationship between Rosemeyers, owner Patrick Rosemeyer, Straße am Heizhaus, 10318 Berlin – Germany (seller) and the costumers (costumer) the following general terms and conditions apply valid at the time of the order.
(2) You can contact our customer service for questions and complaints on weekdays from 9:00 am to 06:00 pm by phone +49 (0) 30 475 947-00 or by e-mail [email protected] .com.
(3) Within these terms a costumer is, who enters into a transaction for a purpose that can be attributed primarily neither commercial nor its independent professional activity (§ 13 BGB).
(4) Different conditions of the customer are not recognized, unless the seller agrees to their validity and in written form.
§2 Offers & Performance Description
(1) The presentation of products in our online store (https://rosemeyers.com//en/shop) is not a legally binding offer, but an invitation to submit an order. Service descriptions in catalogs or on the website of the seller don’t have the character of a warranty.
(2) All offers are valid “while stocks last”, if not stated otherwise in the products. In addition errors excepted.
§3 Order and Conclusion of Contract
(1) The customer can choose articles from the range of Rosemeyers without binding and collect them in a so-called cart [add to cart]. Then the customer can within the shopping cart by clicking the button [checkout] go to the end of the ordering process.
(2) By clicking the button [Buy] the customer makes a binding offer to purchase the goods in the cart. Before submitting the order the customer can change the data anytime. Required fields are marked with an asterisk (*).
(3) The seller sends the customer an automatic confirmation of receipt by e-mail in which the customer’s order is listed again and the customer can print the confirmation (order confirmation). The automated confirmation of receipt only documents that the customer’s order is received by the seller and does not constitute acceptance of the application. The purchase agreement is concluded only if the seller will ship the ordered product within 2 days to the customer or the customer receives within 2 days a second e-mail with the explicit confirmation of order or receipt of the invoice.
(4) If the seller provides advance payment, the contract is going to be achieved after sending banking information and application for payment. If payment is not received, even after a second notice until 10 calendar days after sending the order confirmation from the seller, the seller cancels the contract with the result, that the order is obsolete. The order is done for both, costumer and seller without further consequences. A reservation of articles is able for a maximum of 10 calendar days for payment in advance.
§4 Prices and Shipping Costs
(1) All prices indicated at seller’s website are inclusive the actual German legal value added tax (VAT).
(2) In addition to the prices the seller charges prices for delivery shipping. Shipping fees are communicated at sellers site on a separate page and will be clearly made known during the entire order process.
§5 Delivery & Availability of Goods
(1) If payment in advanced is agreed, delivery will happen after clearing the invoice.
(2) If not all ordered products on stock the seller is entitled to make partial deliveries at its own expense, if this is reasonable for the customer.
(3) If the delivery of the goods fails due to the fault of the customer after three attempts, the seller may withdraw from the contract. Payments will be refunded to the customer immediately.
(4) If the ordered product is not available, because the seller is not supplied by its suppliers without own fault, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and may propose to supply a comparable product. If no comparable product is available or the customer does not like to get a similar product, the seller will refund customers made payment immediately.
(5) Customer will be informed about delivery times and shipping restrictions (e.g. limitation of deliveries in certain countries) on a separate information page or within the product description.
§6 Payment Methods
(1) The customer is eligible to choose the available payment methods from begin until the end of the ordering process. Customers will be notified about available cash on a separate information page.
(2) At payment by invoice the payment must be made within 30 days of receipt of goods and invoice. For all other payment methods apply payment in advance without deduction.
(3) If third-party is responsible for payment processing, for example paypal, their terms and conditions are in force.
(4) If the date of payment determined by the calendar, then the customer has been already in default if the deadline is exceeded. In this case the customer has to pay the statutory default interests.
(5) The customer’s obligation to pay default interests doesn`t include the assertion of another delay damages by the seller.
(6) Costumers right to offset only exists, if his claims are legally established or recognized by the seller. The customer is only entitled to exercise if the charges are from the same contractual relationship.
(1) Until full payment of the delivered goods remain properties of the seller.
§8 Defects Warranty & Warranty
(1) The warranty shall be German governed by law.
(2) A guarantee for the goods supplied by the Seller only exists, if it has been expressly stated. Customers will be informed about the warranty conditions before starting the ordering process.
(1) For a liability of the seller for damages without prejudice to other statutory eligibility requirements are as follows exclusions or limitations.
(2) The seller assumes full responsibility, if the damage is caused by intent or gross negligence.
(3) In addition the seller is liable for the negligent breach of obligations which endangers the purpose of the contract, or violation of duties the fulfillment of which makes the proper execution of the contract and on which the customer regularly trusts. In this case however the seller is liable only for the foreseeable typical damage. The seller is not liable for the negligent breach other than those mentioned in the preceding sentences obligations.
(4) The above limitations shall not apply to injury of life, body or health, for a defect after a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the product liability law remains unaffected.
(5) Unless the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
§10 Storage of Contract Text
(1) The customer can print the agreement text before submitting the order to the seller, by exploiting the print function of their browser in the last step of the order.
(2) The seller also sends the customer a confirmation with all order data to the e-mail address given by him. With the order confirmation the customer also receives a copy of the Terms and Conditions together with the terms about shipping, delivery and payment. If you should have registered with our store you can view your orders placed in your profile area. In addition we save the contract but do not make it accessible on the web.
(1) The seller processes personal data of the customer for appropriate purposes according to the law.
(2) The personal data provided for the purpose of ordering goods (such as name, e-mail address, mailing address, bank data) are used by the seller for the processing of the contract. These data will be kept confidential and not disclosed to third parties who are not involved in the ordering, delivery and payment procedures.
(3) The customer has the right to receive free information about the personal data of him stored by the seller. In addition he has the right to correct inaccurate data, blocking and deletion of personal data, as there is no legal obligation to retain.
§12 Jurisdiction, Applicable Law and Contract Language
(1) The court of jurisdiction is the location of the seller, if the customer is a merchant, a legal entity under public law or public special fund.
(2) The contract language is German and English. For the conclusion and execution of all contracts, the law of the Federal Republic of Germany is validity. The validity of the UN Sales Convention is excluded.