Conditions of Use
1.
Scope of application:
The following General Terms and Conditions (GTC) are indicative to all business relationships between the Rotfuß GmbH and the Customer. All relationships between the Rotfuß GmbH and the Customer shall be based on our German General Terms and Conditions that are/were valid at the time of the order placement. Any deviating agreement requires our written confirmation before it can become effective.
2. Termination of contract and withdrawal:
The Rotfuß GmbH will execute the order its German General Terms and Conditions. The respective cost of each product can be derived from the information provided on the website. The applicable amount is the one shown on the date of the completion of contract. Where there are typographical, printing or calculatory errors, the Rotfuß GmbH reserves the right to withdraw. The Customer has the right to withdraw from the contract within 14 days after delivery. Any legal withdrawal from the contract requires written or electronic (fax, email) confirmation before it can become effective.
3. Terms of delivery:
Unless otherwise agreed, orders will be delivered ex warehouse to the address specified by the Customer and at the Customer's risk. Postage, packaging and processing costs shall be charged separately. The Rotfuß GmbH reserves the right to require advance payment before delivering goods. Details concerning delivery dates shall not be binding unless, in exceptional cases, a binding guarantee of the delivery has been given. The Rotfuß GmbH shall be entitled to make part deliveries.
4. Terms of payment:
The purchase price shall be due upon receipt of the goods unless any other agreement has been made. Payment is requested to be made by remittance, cheque, credit card or direct debit (only in Germany). If the Customer does not pay after a reminder, the Rotfuß GmbH may claim further legal processing in order to receive payment.
5. Reservation of delivery:
The delivered goods shall remain the property of the Rotfuß GmbH until all existing claims from past and future deliveries have been settled.
6. Offset and retention:
The Customer shall only be entitled to offset or reduce the purchase price if his or her counter-claims have been finally and conclusively established or if the Rotfuß GmbH has acknowledged said claims in writing. The Customer shall only be entitled to withhold payment if the claims arise form the same contractual relationship.
7. Warranty and liability:
The warranty on welding seams is 10 years. There is no warranty or reponsibility for the use and the attachment (between the wall/ceiling) of the various products offered. Defects or damages due to wrongful or improper handling, improper installation, or use of inappropriate equipment or modifications to the original parts by the customer, or by another third party that is not ordered by the Rotfuß GmbH are excluded from the warranty In case shipment has defects for which the Rotfuß GmbH can be held responsible, the Rotfuß GmbH shall at its own discretion either correct such defects or provide a substitute delivery. If the Rotfuß GmbH is not in a position to provide a correction/substitute delivery, or if such measures are delayed for an unreasonable length of time for reasons for which the Rotfuß GmbH is responsible, or if the correction/substitute delivery fails, the Customer may at his own discretion either withdraw from the contract or request a price reduction. All further claims on the part of the Customer for material deficiencies are excluded.
8. Data protection:
The personal data provided by the Customer at the beginning of, or during the course of, business dealings shall be processed and, in particular, stored in compliance with the provisions of the German Federal Data Protection Act Bundesdatenschutzgesetz). The Customer is entitled to have his or her personal data deleted or corrected at any time. Personal data shall not be passed on to third parties, excluded are, however, service partner that provide any services to the Rotfuß GmbH. In these cases, the volume of data transmitted are restricted to a necessary minimum.
9. Disclaimer:
The Rotfuß GmbH cannot take responsibility for information found on third party web sites outside its control. While we attempt to provide links only to third-party web sites that comply with all applicable laws, regulations and our standards, please understand that the content on these third-party web sites is subject to change without notice to the Rotfuß GmbH. We therefore cannot be responsible for, and accept no liability for, any information or opinion contained in any third-party web site.
10. Place of performance, applicable law and place of jurisdiction:
The exclusive place of performance for all claims is 74821 Mosbach. The agreement shall be governed by German law, without recourse of the UN convention on Contracts for the International Sale of Goods, even if the Customer places an order from abroad or if goods are delivered to an address outside Germany. If the Customer´s legal domicile or usual place of residence is outside Germany, the place of jurisdiction for any claims arising from the order shall be 74821 Mosbach.
12. Severability Clause:
In the event that one or several of these terms of business are invalid wholly or in part, this shall not affect the validity of the remaining provisions.
The following General Terms and Conditions (GTC) are indicative to all business relationships between the Rotfuß GmbH and the Customer. All relationships between the Rotfuß GmbH and the Customer shall be based on our German General Terms and Conditions that are/were valid at the time of the order placement. Any deviating agreement requires our written confirmation before it can become effective.
2. Termination of contract and withdrawal:
The Rotfuß GmbH will execute the order its German General Terms and Conditions. The respective cost of each product can be derived from the information provided on the website. The applicable amount is the one shown on the date of the completion of contract. Where there are typographical, printing or calculatory errors, the Rotfuß GmbH reserves the right to withdraw. The Customer has the right to withdraw from the contract within 14 days after delivery. Any legal withdrawal from the contract requires written or electronic (fax, email) confirmation before it can become effective.
3. Terms of delivery:
Unless otherwise agreed, orders will be delivered ex warehouse to the address specified by the Customer and at the Customer's risk. Postage, packaging and processing costs shall be charged separately. The Rotfuß GmbH reserves the right to require advance payment before delivering goods. Details concerning delivery dates shall not be binding unless, in exceptional cases, a binding guarantee of the delivery has been given. The Rotfuß GmbH shall be entitled to make part deliveries.
4. Terms of payment:
The purchase price shall be due upon receipt of the goods unless any other agreement has been made. Payment is requested to be made by remittance, cheque, credit card or direct debit (only in Germany). If the Customer does not pay after a reminder, the Rotfuß GmbH may claim further legal processing in order to receive payment.
5. Reservation of delivery:
The delivered goods shall remain the property of the Rotfuß GmbH until all existing claims from past and future deliveries have been settled.
6. Offset and retention:
The Customer shall only be entitled to offset or reduce the purchase price if his or her counter-claims have been finally and conclusively established or if the Rotfuß GmbH has acknowledged said claims in writing. The Customer shall only be entitled to withhold payment if the claims arise form the same contractual relationship.
7. Warranty and liability:
The warranty on welding seams is 10 years. There is no warranty or reponsibility for the use and the attachment (between the wall/ceiling) of the various products offered. Defects or damages due to wrongful or improper handling, improper installation, or use of inappropriate equipment or modifications to the original parts by the customer, or by another third party that is not ordered by the Rotfuß GmbH are excluded from the warranty In case shipment has defects for which the Rotfuß GmbH can be held responsible, the Rotfuß GmbH shall at its own discretion either correct such defects or provide a substitute delivery. If the Rotfuß GmbH is not in a position to provide a correction/substitute delivery, or if such measures are delayed for an unreasonable length of time for reasons for which the Rotfuß GmbH is responsible, or if the correction/substitute delivery fails, the Customer may at his own discretion either withdraw from the contract or request a price reduction. All further claims on the part of the Customer for material deficiencies are excluded.
8. Data protection:
The personal data provided by the Customer at the beginning of, or during the course of, business dealings shall be processed and, in particular, stored in compliance with the provisions of the German Federal Data Protection Act Bundesdatenschutzgesetz). The Customer is entitled to have his or her personal data deleted or corrected at any time. Personal data shall not be passed on to third parties, excluded are, however, service partner that provide any services to the Rotfuß GmbH. In these cases, the volume of data transmitted are restricted to a necessary minimum.
9. Disclaimer:
The Rotfuß GmbH cannot take responsibility for information found on third party web sites outside its control. While we attempt to provide links only to third-party web sites that comply with all applicable laws, regulations and our standards, please understand that the content on these third-party web sites is subject to change without notice to the Rotfuß GmbH. We therefore cannot be responsible for, and accept no liability for, any information or opinion contained in any third-party web site.
10. Place of performance, applicable law and place of jurisdiction:
The exclusive place of performance for all claims is 74821 Mosbach. The agreement shall be governed by German law, without recourse of the UN convention on Contracts for the International Sale of Goods, even if the Customer places an order from abroad or if goods are delivered to an address outside Germany. If the Customer´s legal domicile or usual place of residence is outside Germany, the place of jurisdiction for any claims arising from the order shall be 74821 Mosbach.
12. Severability Clause:
In the event that one or several of these terms of business are invalid wholly or in part, this shall not affect the validity of the remaining provisions.