In the event of discrepancies between the German and English versions of the contract, the German version shall always apply.
You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
The right of revocation does not apply to the following contracts:
- Contracts for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery.
If you finance this contract with a loan and later revoke it, you are no longer bound by the loan agreement, provided that both agreements form an economic unit. This is to be assumed in particular if we are also your lender or if your lender makes use of our cooperation with regard to financing. If we have already received the loan when the revocation takes effect, your lender shall assume our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter shall not apply if the present contract concerns the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).
If you wish to avoid a contractual obligation as far as possible, make use of your right of revocation and also revoke the loan agreement if you also have a right of revocation for it.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is attributable to a handling of the goods which is not necessary to examine their condition, quality and function.
End of the revocation instruction
(1) All prices of Rosental are valid in Euro and are gross prices (including sales tax) from the registered office of Rosental plus separately stated shipping costs, unless otherwise agreed with the end customer. The type of packaging is at the discretion of Rosental, unless otherwise agreed with the end customer.
(2) Rosental reserves the right to change prices in case of acceptance of deviating quantities compared to the agreed scope.
V. Terms of payment, lump-sum compensation
Payment shall only be deemed to have been made when the payment amount has been credited to Rosental’s account. If the payment amount is not credited to the account of Rosental, the end customer receives an invoice, which is payable 14 days after the date of the invoice plus any return debit fees and other external costs as well as a Rosental processing fee of 5.00€.
(2) The end customer shall only be entitled to set-off, even if he makes a notice of defects or asserts counterclaims, if the counterclaims have been legally established, Rosental has acknowledged them or if they are undisputed. The end customer shall only be entitled to exercise a right of retention if his counterclaim is based on the same contract.
(3) The end customer may only assign claims arising from the business relationship with the prior written consent of Rosental.
(4) If Rosental is entitled to claim damages from the end customer instead of performance, the end customer shall pay a lump sum of 30% of the contract sum. Rosental reserves the right to assert further claims against proof. The end customer is permitted to prove that Rosental has not incurred any damage at all or not to the amount of the lump sum of 30% of the contract sum.
VI. Delivery/delivery period
(1) The delivery period refers to the period between the order and the arrival of the goods at the customer.
(2) Delays in delivery and performance due to higher force, natural catastrophes as well as due to labor disputes through no fault of Rosental’s own, or other unforeseeable and through no fault of Rosental’s, through reasonable expenses not to be overcome, performance obstacles entitle Rosental to postpone the delivery date for the duration of the performance disruptions caused by these circumstances – at the most, however, for four weeks. Rosental and the end customer are entitled to withdraw from the contract if the aforementioned reasons lead to an extension of more than four weeks; the end customer is at liberty to exercise other statutory rights of withdrawal at an earlier point in time – for example due to the loss of the business basis or due to impossibility of performance for which Rosental is not responsible.
(3) The delivery is subject to self-delivery if Rosental has concluded a hedging transaction for the delivery and for its part is not supplied for reasons for which it is not responsible. If the delivery from the hedging transaction is not made within the delivery period, Rosental is obliged to inform the end customer immediately and is entitled to withdraw from the contract. Furthermore, Rosental is obliged to reimburse the end customer for any advance payments made. The assertion of claims for damages by the end customer due to such withdrawal is excluded.
(4) Rosental is entitled to provide partial deliveries and partial services to the end customer as far as this is reasonable for the end customer and overpayments are reimbursed directly by Rosental. Goods not delivered on the agreed delivery date in the areas of new goods, limited editions and gift sets will be delivered by Rosental to the end customer on request, as far as and as soon as these goods are again available at Rosental.
(5) If the end customer is in default of acceptance, Rosental is entitled to demand compensation from the end customer for the damage it has incurred and for any additional expenses. Upon default of acceptance, the risk of accidental deterioration and accidental loss of the delivery item shall pass to the end customer.
(6) If shipments are returned to Rosental due to: not picked up at the post office, wrong address or name not sent back at the bell, costs (5€) will be incurred for Rosental, which will be passed on to the customers. If the shipment is to be re-delivered, a lump sum of 8€ will be due, which must be paid before the re-delivery.
(2) Rosental only warrants for obvious defects if the end customer notifies Rosental of these defects in writing (e.g. letter, e-mail) within a period of 14 days from receipt of the goods. The punctual dispatch of the notice of defects is decisive for compliance with the deadline.
(3) If the end customer makes changes to Rosental’s products, the end customer’s claims for defects shall lapse insofar as one of these circumstances has caused the defect.
(4) Rosental shall be liable for damages – irrespective of the legal basis – in cases of intent and gross negligence.
(5) In addition, Rosental shall be liable for damages caused by simple negligent violation of such contractual obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and the compliance with which the end customer regularly trusts and may trust. In this case, however, Rosental shall only be liable if the damages are typically associated with the contract and foreseeable. Notwithstanding the following paragraph 6, Rosental shall not be liable for the simple negligent violation of obligations other than those specified in the preceding sentences.
(6) The above limitations of liability in favour of Rosental shall not apply in cases of liability according to the Product Liability Act, in case of injury to life, body or health and also not if and to the extent that Rosental fraudulently concealed defects of the object of purchase. Furthermore, the limitations of liability shall not apply if Rosental has given a guarantee as to the quality and/or durability of the goods or parts thereof within the scope of the guarantee given. However, Rosental shall only be liable for damages which are based on the breach of a given guarantee but which do not occur directly on the goods if the risk of such damage is clearly covered by the given guarantee.
(7) Insofar as Rosental’s liability is hereby excluded or limited, this shall also apply to the personal liability of its representatives, employees and vicarious agents.
VIII. Retention of title
(1) Rosental reserves the right of ownership until the final and complete payment of the delivered goods (reserved goods).
(2) The end customer must immediately inform Rosental in writing of all access by third parties, in particular enforcement measures and other impairments of his (co-)ownership. The end customer shall reimburse Rosental for all damages and costs resulting from a breach of this obligation and from necessary intervention measures against access by third parties.
(3) If the end customer acts contrary to the terms of the contract – in particular default in payment – Rosental is entitled to withdraw from the contract after setting a reasonable deadline and to demand the return of the reserved goods and/or, if applicable, to demand the assignment of the end customer’s claims for return against third parties. The repossession of the reserved goods by Rosental shall constitute a rescission of the contract, as well as the seizure of the reserved goods by Rosental. After taking back the reserved goods, Rosental shall be entitled to sell them; it shall set off the proceeds of the sale against the liabilities of the end customer – less reasonable actual selling costs incurred.
(4) Any processing or transformation of the reserved goods shall always take place for Rosental as the manufacturer. If the reserved goods are processed with other objects not belonging to Rosental, Rosental shall acquire co-ownership of the new object in the ratio of the value of the reserved goods (total gross price) to the other processed objects at the time of processing. If the (co-)ownership of Rosental lapses due to combination or mixing, the contracting parties hereby agree that the (co-)ownership of the end customer in the uniform item shall be transferred to Rosental in proportion to the value of the uniform item. The end customer shall store the (co-)ownership of Rosental free of charge.