Conditions
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§ 1 General, scope
The following general terms and conditions (GTC) regulate the contractual relationship between Rose-Office.com and the consumers and entrepreneurs who use the Internet offer of Rose-Office GmbH (hereinafter referred to as "buyer"). The terms and conditions apply to the use of the Rose-Office GmbH website and all subdomains belonging to this domain. The version valid at the time the contract is concluded is decisive. The contract language is German.
Consumers within the meaning of these terms and conditions are natural persons who enter into a business relationship with Rose-Office GmbH without this being attributable to their commercial or independent professional activity. Entrepreneurs within the meaning of these terms and conditions are natural and legal persons or partnerships with legal capacity who work with Rose-Office Ltd. in the exercise of their commercial or independent professional activity. enter into a business relationship.
§ 2 Conclusion of contract
The offers of Rose-Office GmbH on the Internet represent a non-binding invitation to the buyer to order goods from Rose-Office GmbH.
By ordering the desired object of purchase on the Internet, the buyer submits a binding offer to conclude a purchase contract.
Rose-Office GmbH is entitled to accept this offer within 5 days by sending an order confirmation. The order confirmation will be sent by email. After the period specified in sentence 1 has expired without result, the offer is deemed to have been rejected.
§ 3 Payment, due date, default of payment
The goods are paid for in advance, cash on delivery or via PayPal by credit card. Payment by cash on delivery is only possible for shipping within Germany. We reserve the right to accept or exclude certain payment methods in individual cases.
When paying in advance, the buyer undertakes to pay the purchase price immediately after the conclusion of the contract. When paying by cash on delivery, the buyer undertakes to pay the purchase price upon delivery of the goods. When paying on account, the buyer undertakes to pay the invoice amount within 14 days of receipt of the goods. When paying by direct debit, the amount will be debited within one week after the conclusion of the contract. When paying by credit card, the debit will be made after the goods have been dispatched.
If the buyer is in default of payment, he is responsible for any negligence during this time. Due to the performance, he is also liable for accidents, unless the damage would have occurred even if the performance had been made on time.
Interest must be paid on the sales price during the delay. The default interest rate for the year is five percentage points above the base rate. For legal transactions in which a consumer is not involved, the interest rate is eight percentage points above the base rate.
The assertion of further damage is not excluded.
§ 4 Delivery
Delivery is made by sending the purchased item to the address provided by the buyer.
The delivery takes place against the specified packaging and shipping costs. For deliveries abroad, unless otherwise stated, the price for packaging and shipping is calculated separately according to weight. If the buyer wants a special type of shipment that incurs higher costs, he must also bear these additional costs.
If the buyer acquires the object of purchase for his commercial or professional activity, the risk of accidental loss and accidental deterioration of the object of purchase passes to him as soon as Rose-Office GmbH hands over the object of purchase to the freight forwarder, the carrier or the person otherwise responsible for carrying out the shipment or institution delivered.
§ 5 Retention of title
The object of purchase remains the property of Rose-Office Ltd. until full payment has been made. Before the transfer of ownership, pledging, transfer of ownership, processing or transformation is not permitted without the express consent of Rose-Office GmbH.
§ 6 Prices
The price for the object of purchase stated in the respective offer is the final price including any applicable VAT and other price components. The price does not include delivery and shipping costs.
§ 7 Withdrawal
Rose-Office GmbH is entitled to withdraw from the contract with regard to an open part of the delivery or service if false information has been given about the creditworthiness of the buyer or objective reasons for the buyer's inability to pay have arisen, e.g. the opening of insolvency proceedings over the property of the buyer or the dismissal of such a procedure for lack of cost-covering assets. Before withdrawing, the buyer is given the opportunity to make an advance payment or provide suitable security.
Irrespective of any claims for damages, in the event of partial withdrawal, partial services already rendered are to be invoiced and paid for in accordance with the contract.
§ 8 Warranty
Warranty towards consumers a) Rose-Office GmbH guarantees that the purchased item is free of defects when it is handed over. If a material defect becomes apparent within six months of the delivery of the object of purchase, it is assumed that it was already defective at the time of delivery, unless this assumption is incompatible with the type of object of purchase or the defect. If the material defect only becomes apparent after six months have elapsed, the buyer must prove that the material defect was already present when the object of purchase was handed over. b) If the object of purchase is defective when it is handed over, the buyer has the choice of whether subsequent performance is to be carried out by means of repair or replacement delivery. Rose-Office GmbH is entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the buyer. c) If the subsequent performance fails, the buyer can demand a reduction in the purchase price (reduction) or cancellation of the contract (withdrawal) as well as compensation for damages. If the defects are only minor, the buyer has no right of withdrawal. d) Claims of the buyer due to defects expire in two years, in the case of the sale of used items in one year. The one-year limitation period does not apply to claims for damages.
Warranty towards entrepreneurs a) If the purchase is a commercial transaction for Rose-Office GmbH and the buyer, the buyer must immediately inspect the delivered goods for quality and quantity deviations and Rose-Office GmbH must detect any defects within a period of one week from receipt of the goods to notify in writing; Otherwise the assertion of warranty claims is excluded. Hidden defects must be reported to Rose-Office GmbH in writing within one week of discovery. Deadline is sufficient for the timely dispatch. In this case, the buyer bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects. b) In the event of defects, Rose-Office GmbH shall, at its own discretion, provide a warranty through rectification or replacement. c) The buyer's claims for defects become time-barred in one year. This limitation period does not apply to claims for damages.
If Rose-Office GmbH supplies a defect-free object of purchase for the purpose of supplementary performance, Rose-Office GmbH can demand that the buyer return the defective object of purchase.
Damage caused by improper or non-contractual measures by the buyer during installation, connection, operation or storage do not justify any claims against Rose-Office GmbH
§ 9 cancellation policy
You can revoke your contract declaration within 14 days without giving reasons in text form or by returning the unopened goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient and also not before fulfillment of our information obligations according to Article 246 § 2 in connection with § 1 Para. 1 and 2 EGBGB and our obligations according to § 312g Para. 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to: Rose Office GmbH, Heyestr. 194, 40625 Dusseldorf, info@rose-office.com.
§ 10 Consequences of revocation:
In the event of an effective revocation, the mutually received services must be returned and any benefits (eg interest) surrendered. If you are unable to return the service received to us in whole or in part, or only in a deteriorated condition, you may have to grant us compensation for the lost value. This does not apply to the surrender of items if the deterioration of the item is solely due to the examination of the properties and functionality - as you would have been able to do in a shop. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as if it were your property and by refraining from anything that would impair its value. Transportable items are to be returned at our risk. You have to bear the costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not regularly exceed an amount of €40 or if, in the case of a higher price of the item, you have not yet paid the consideration or a have made the contractually agreed partial payment. Items that cannot be sent by parcel will be picked up from you. Otherwise, the return is free of charge. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of the declaration of revocation or the item, for us with their receipt.
§11 Limitation of Liability
Rose-Office GmbH is only liable for damage other than injury to life, limb and health if this damage is based on intentional or grossly negligent action or on culpable violation of an essential contractual obligation by Rose-Office GmbH or its vicarious agents. An obligation is essential to the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the buyer can regularly rely. Any further liability for damages is excluded. Claims from a guarantee given by Rose-Office GmbH for the quality of the object of purchase and the Product Liability Act remain unaffected.
According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant availability of our internet shop.
§ 12 Choice of Law, Place of Jurisdiction
All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN purchasing law is excluded.
If the buyer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Rose-Office GmbH. The same applies if the buyer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is in Germany The time when the lawsuit was filed is not known.
§ 13 Severability Clause
Should a provision of these GTC be or become invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected, unless the omission of individual clauses would put one of the contracting parties at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract . End of Terms and Conditions.
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