Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the supplier (Rostikal GmbH & Co. KG) via the website www.edelrostshop.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her trade, business or profession.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to checkout” button (or a similarly named button) and entering your personal data as well as the payment and shipping terms, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your method of payment, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection and/or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or, after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check and change the information in the order overview once again (also using the “back” function of the internet browser) or to cancel the order.
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract will take place by e-mail, partly in an automated manner. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of e-mails is technically ensured and in particular that it is not prevented by spam filters.
§ 3 Customised Goods
(1) You shall provide us with the information, text or files required for the individual design of the goods via the online ordering system or by e-mail without delay at the latest after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates applicable law. You expressly indemnify us against all claims asserted by third parties in this context. This also includes the costs of any necessary legal representation in this context.
(3) We do not check the transmitted data for content accuracy and accept no liability for errors in this respect.
§ 4 Special Agreements on the Payment Methods Offered
(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, 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; “PayPal”). The individual payment methods via “PayPal” are displayed to you under a correspondingly designated button on our website and during the online ordering process. For payment processing, “PayPal” may use other payment services; if special payment conditions apply for this, you will be informed of these separately. Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
b) 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 value that arise from the resale, and we accept this assignment. You remain authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
§ 6 Warranty
(1) The statutory liability for defects applies.
(2) 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. Failure to do so will have no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed 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.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own information and the manufacturer’s product description shall be deemed to be the agreed quality of the goods, but not other advertising, public promotions or statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by rectification or replacement delivery. If the defect is not remedied, you may, at your discretion, demand a reduction in price or withdraw from the contract. Rectification 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, we shall not bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
c) The limitation period for warranty claims is one year from delivery of the goods. The shortening of the period does not apply:
- to damages culpably caused by us resulting from injury to life, limb or health and to other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items which, in accordance with their normal use, have been used for a building and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with rights arising from defects.
§ 7 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has his or her habitual residence (principle of favourability).
(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction shall be our registered office, provided 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 also appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
II. Customer Information
1. Identity of the Seller
Rostikal GmbH & Co. KG
Wilbersdorf 5
92431 Neunburg vorm Wald
Germany
Phone: +49 (0)9672 8019882
E-mail: info@edelrostshop.de
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/odr.
We are not willing to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the options for correction are governed by the provisions in the section “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, you can print out or electronically save the contract data using the browser’s print function. After we have received your order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
5.3. In the case of deliveries to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or fees for money transfers (bank transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4. Any costs incurred for money transfers (bank transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5. The payment methods available to you are listed under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold goods during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the “Warranty” section in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the lawyers of Händlerbund who specialise in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 29/11/2022
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the supplier (Rostikal GmbH & Co. KG) via the website www.edelrostshop.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her trade, business or profession.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods .
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to checkout” button (or a similarly named button) and entering your personal data as well as the payment and shipping terms, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your method of payment, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you will make the appropriate selection and/or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the instant payment system provider or, after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to check and change the information in the order overview once again (also using the “back” function of the internet browser) or to cancel the order.
By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “place paid order”, “pay” / “pay now” or a similarly named button), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is stated in the respective offer).(5) Order processing and the transmission of all information required in connection with the conclusion of the contract will take place by e-mail, partly in an automated manner. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of e-mails is technically ensured and in particular that it is not prevented by spam filters.
§ 3 Customised Goods
(1) You shall provide us with the information, text or files required for the individual design of the goods via the online ordering system or by e-mail without delay at the latest after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates applicable law. You expressly indemnify us against all claims asserted by third parties in this context. This also includes the costs of any necessary legal representation in this context.
(3) We do not check the transmitted data for content accuracy and accept no liability for errors in this respect.
§ 4 Special Agreements on the Payment Methods Offered
(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, 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; “PayPal”). The individual payment methods via “PayPal” are displayed to you under a correspondingly designated button on our website and during the online ordering process. For payment processing, “PayPal” may use other payment services; if special payment conditions apply for this, you will be informed of these separately. Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
b) 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 value that arise from the resale, and we accept this assignment. You remain authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
§ 6 Warranty
(1) The statutory liability for defects applies.
(2) 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. Failure to do so will have no effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed 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.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own information and the manufacturer’s product description shall be deemed to be the agreed quality of the goods, but not other advertising, public promotions or statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by rectification or replacement delivery. If the defect is not remedied, you may, at your discretion, demand a reduction in price or withdraw from the contract. Rectification 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, we shall not bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
c) The limitation period for warranty claims is one year from delivery of the goods. The shortening of the period does not apply:
- to damages culpably caused by us resulting from injury to life, limb or health and to other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items which, in accordance with their normal use, have been used for a building and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with rights arising from defects.
§ 7 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has his or her habitual residence (principle of favourability).
(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction shall be our registered office, provided 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 also appeal to the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
II. Customer Information
1. Identity of the Seller
Rostikal GmbH & Co. KG
Wilbersdorf 5
92431 Neunburg vorm Wald
Germany
Phone: +49 (0)9672 8019882
E-mail: info@edelrostshop.de
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/odr.
We are not willing to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the options for correction are governed by the provisions in the section “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, you can print out or electronically save the contract data using the browser’s print function. After we have received your order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
5.3. In the case of deliveries to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or fees for money transfers (bank transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4. Any costs incurred for money transfers (bank transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5. The payment methods available to you are listed under a correspondingly designated button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold goods during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the “Warranty” section in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the lawyers of Händlerbund who specialise in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 29/11/2022