Terms and Conditions
The following General Terms and Conditions (GTC) also contain legal information about your rights according to the regulations on contracts in distance selling and electronic business transactions.
1. Scope of application
These General Terms and Conditions of Business apply to all deliveries from Frank Roßbach to consumers (§ 13 BGB), with the exception of item 9.2 (warranty).
For deliveries to entrepreneurs (§ 14 BGB), these General Terms and Conditions of Business shall apply, with the exception of No. 4 (right of revocation) and 9.1 (warranty).
2. Contracting party
The purchase contract is concluded with
Frank Roßbach, Niekamp 14, 59399 Olfen
Phone +49-2595-972217, Fax +49-2595-972219
You can reach our customer service for questions, complaints and objections on working days from 8.00 to 18.00 hours on the telephone number 02595-972217, the fax number 02595-972219 and by e-mail at firstname.lastname@example.org.
We will contact you at the latest on the next working day so that your questions, complaints or objections can be clarified.
3. Offer and conclusion of contract
3.1 The presentation of the products in the online shop does not represent a legally binding offer of the seller/supplier, but an invitation to place an order.
3.2 By clicking the button "buy" you make a binding declaration of intent to order the goods listed on the order page. The contract of sale is concluded when we accept your order by sending you an order confirmation by e-mail immediately after receiving your order or when we carry out the delivery immediately after the order.
3.3 The possibility of recognising and correcting input errors is pointed out separately in a suitable place.
4. Right of withdrawal
Consumers (§ 13 BGB) have a legal right of withdrawal.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving reasons.
The withdrawal period is 14 days from the day on which you or a third party, other than a carrier and designated by you, took possession of the last partial consignment or the last item.
In order to exercise your right of revocation, you must inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen a different method of delivery to the cheaper standard delivery offered by us), immediately and at the latest within 14 days of the date on which we receive notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without delay and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
(If you want to cancel the contract, please fill out this form and send it back.)
D - 59399 Olfen
Phone + 49-2595-972217
Fax + 49-2595-972219
Hereby I / We (*) give notice to withdraw from my / our (*) contract for the purchase of the following products:
Ordered on (*) / received on (*) ……….……….……….………
Name consumer (s) ……….……….……….………
Address of consumer (s) ……….……….……….………
Signature consumer (s) (only with message on paper)
(*) Delete as appropriate.
5. Prices and shipping costs
5.1 The prices stated on the product pages include the statutory value added tax and other price components. In the case of used goods / articles, if the legal requirements are met, reference is made to the differential taxation and the applicable taxes.
5.2 In addition to the prices stated, we charge shipping costs for the delivery. The shipping costs will be clearly indicated again on the product pages and on the order page.
5.3 "Payment in advance" is deemed to be agreed. No further taxes or costs are incurred.
6.1 Unless otherwise specified for an article, delivery is made worldwide against prepayment or payment by paypal.
6.2 The delivery time is three working days after receipt of payment. We point out possible deviating delivery times on the respective product page. In case of delays we will inform you immediately about the delivery date or the handing over of the goods to the carrier.
6.3 Should the ordered product not be available in time (e.g. due to loss or error), we will inform you immediately. In such a case, you are free to wait for a comparable product (if it is available) or to cancel your order. In the event of cancellation, any payments already made will be refunded immediately.
7.1 The payment is made "in advance".
7.2 In the case of payment in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment, taking into account the delivery time stated.
7.3 You are only entitled to offsetting if your counterclaims are undisputed, legally established, or ready for decision in a legal dispute or if they are counterclaims according to § 320 BGB.
7.4 You may only exercise a right of retention if the claims result from the same contractual relationship.
8. Retention of title
The goods remain our property until full payment has been made.
9.1 Insofar as the delivered goods are defective, you as a consumer within the meaning of § 13 BGB (German Civil Code) are entitled within the framework of the statutory provisions to demand subsequent performance, to withdraw from the contract or to reduce the purchase price. The limitation period for warranty claims for the delivered goods is two years from receipt of the goods.
In the case of used goods which we expressly offer and label as such, the period of limitation is one year.
9.2 If the delivered goods are defective, you, as an entrepreneur within the meaning of § 14 BGB (German Civil Code), are entitled within the framework of the statutory provisions to demand subsequent performance in the form of rectification of the defect or delivery of a defect-free item. We are entitled to choose the type of subsequent performance. If the subsequent performance fails, you are entitled to reduce the purchase price or to withdraw from the contract. The prerequisite for any warranty rights is that you properly fulfil all inspection and complaint obligations owed according to § 377 HGB (German Commercial Code).
The limitation period for warranty claims for the delivered goods is twelve months from receipt of the goods, except in the case of claims for damages.
9.3 If articles are marked by us as "defective / damaged", defects which are known to the buyer at the time of conclusion of the contract are excluded from the warranty.
9.4 We do not offer customer services and do not provide such services. The installation of the goods offered by us, especially spare parts, should be carried out by a specialist workshop. We shall not be liable for any damage caused by the faulty installation of these goods.
10.1 We shall be liable without limitation in accordance with the statutory provisions for damage to life, body and health resulting from a negligent or intentional breach of duty by us, our legal representatives or our vicarious agents, as well as for damage covered by liability under the Product Liability Act. We shall be liable in accordance with the statutory provisions for damages not covered by sentence 1 and which are based on intentional or grossly negligent breaches of contract and fraudulent intent by us, our legal representatives or our vicarious agents. In this case, however, the liability for damages is limited to the foreseeable, typically occurring damage, unless we, our legal representatives or our vicarious agents have acted intentionally. To the extent to which we have given a quality guarantee with regard to the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damage which is based on the absence of the guaranteed quality but which does not directly affect the goods if the risk of such damage is obviously covered by the quality guarantee.
10.2 We shall also be liable for damages caused by simple negligence, insofar as the negligence concerns the breach of such contractual obligations, the observance of which is of particular importance for the achievement of the purpose of the contract. However, we shall only be liable insofar as the damages are typically associated with the contract and are foreseeable.
10.3 Any further liability is excluded irrespective of the legal nature of the claim asserted; this applies in particular to tortious claims or claims for compensation for futile expenditure instead of performance.
10.4 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
11. Contractual language
The contract language is German.
Note on the duties to inform about the individual technical steps leading to the conclusion of a contract according to § 312i para. 1 No. 1 BGB in connection with § 312i para. 1 No. 1 BGB Art. 246c No. 1 EGBGB
According to § 312i para. 1 No. 1 BGB in connection with Art. 246c No. 1 EGBGB we are obliged to inform about the individual technical steps leading to the conclusion of a contract.
We would like to point out that the menu navigation of the offers available in our shop is self-explanatory and leads to the completion of the order process by means of notes and/or buttons such as "continue" "to the order process".
Note on the duty to inform about the storage of the contract text according to § 312i para. 1 no. 2, 4 BGB in connection with Art. 246c No. 2 EGBGB
According to § 312i para. 1 nos. 2, 4 BGB in connection with article 246c no. 2 EGBGB we are obliged to inform whether the contract text is stored by the entrepreneur after the conclusion of the contract and whether the contract text is accessible to the customer.
We point out that the offer available in our shop will be stored for 30 days after completion of the ordering process and can be viewed as in the article search. After this period has expired, the offer is finally removed from the web shop. We have saved a printout of this offer. This can also be viewed on our premises after the aforementioned period has expired.
Nevertheless, we recommend all customers to print out the text of the contract/offer immediately after conclusion of the contract at the latest.
With regard to the General Terms and Conditions (AGB) we use, we point out to our customers that these are constantly updated. The older AGB used by us are no longer stored after revision and are only available to us in the form of a voucher copy.
We recommend our customers to print out the AGB immediately after completion of the order process.
Note on the duty to inform about the possibility of recognizing and correcting input errors, according to § 312i para. 1 sentence 1 No. 1 BGB in conjunction with § 312i para. 1 sentence 1 No. 1 Article 246c No. 3 EGBGB
We expressly point out that the entries can be checked at any time, especially after clicking the order button. You can correct your input in particular by clicking the "back" button or by closing the last opened window (by clicking the "X" symbol
Note on sales packaging
Sales packaging is packaging that accumulates at the final consumer (Section 3(1) No 2 of the Packaging Ordinance). Manufacturers or distributors of the products are obliged
- either take back packaging waste in the shop or in its immediate vicinity free of charge (Section 6(1)) (so-called self-management)
- or to participate in a nationwide system that collects packaging waste from or in the vicinity of private final consumers (so-called dual systems)
You can return completely emptied sales packaging of the goods sold by us free of charge to the address given in the imprint.
Obligation from the EU regulation No. 524/2013
If you have problems with online purchases, you can try to reach an out-of-court settlement via the European Commission's portal. You can use this service if you live in the EU and the trader is established in the EU.
For some sectors and in the following countries there are currently no dispute resolution bodies: Germany, Croatia, Lithuania, Luxembourg, Malta, Poland, Romania, Slovenia, Spain. Therefore, as a consumer, you may not be able to use this portal to resolve disputes with traders in these countries.
You can access the EU online dispute resolution platform here: https://ec.europa.eu