GENERAL CONDITIONS OF TRADE

ARTICLE 1: SCOPE
ARTICLE 2: CONTRACTS
ARTICLE 3: SETOFF, RETENTION
ARTICLE 4: PRICES
ARTICLE 5: PAYMENT
ARTICLE 6: SHIPMENT
ARTICLE 7: REVOCATION
ARTICLE 8: WARRANTY
ARTICLE 9: FAULTY DELIVERY
ARTICLE 10: LIABILITY
ARTICLE 11: DATA PROTECTION
ARTICLE 12: TRANSACTIONS WITH TRADERS
ARTICLE 13: SEVERABILITY

Article 1: Scope

These General Conditions of Trade, in the wording as currently revised from time to time, shall apply to all and any contracts between the company of  Handelsvertretung & Vertrieb Frank Rothe (hereinafter called „H&V Frank Rothe“ ) and its customers.
Any regulations deviating from these General Conditions of Trade shall be subject to confirmation by H&V Frank Rothe in writing.

Article 2: Contracts

Quotations submitted by H&V Frank Rothe shall be subject to prior sale as well as to the goods being available from the respective supplier. An order shall be considered to have been made when the customer has transmitted the completely filled online ordering form or sent the complete ordering data by mail, telephone or telefax. The customer shall be bound by its order thus transmitted or sent.

Article 3: Setoff, Retention

The customer shall not have the right to set off any purchase price against claims of his own unless such claims have become res judicata or have been admitted by H&V Frank Rothe. Moreover, the customer shall not be entitled to execute any right of retention unless his own claim arises out of the same contractual relationship.

Article 4: Prices

The prices charged shall be those valid on the date of ordering. H&V Frank Rothe reserves the right to change the prices quoted in the Online Shop. All prices are quoted including VAT as applicable in Germany on the date of ordering.
No VAT is applicable to deliveries made to countries outside the European Union (EU).

Article 5: Payment

The customer shall pay the invoiced amount in advance (only in Germany and Austria) or by credit card. The ordered goods will be delivered after receipt of payment by H&V Frank Rothe.
Cash in advance shall be made to the following bank account:

Bank: Deutsche Bank Jena
Bankaddress: Schloßgasse 20, D-07743 Jena
Bank code: 82070024
Account No.: 6221410
Account holder: Frank Rothe

International account data:
IBAN: DE57820700240622141000
Swift / BIC: DEUTDEDBERF

Please note:

• Unless no payment transfer has been received on the above bank account within 21 days of submitting the order, the order shall be deemed to have cancelled by the customer.

Article 6: Shipment

As a rule, shipment will be made within three working days after receipt of payment.
When paying with credit card, the delivery will be to the address of the credit card holder only.

Germany

• Shipments to inland customers will be forwarded by the DPD parcel service or another parcel service company. Bulky goods or large quantity consignments will be forwarded by haulage contractors and delivered up to behind the first lockable door at ground floor level of the consignee's address.
• For deliveries to consignees in Germany, flat-rate forwarding expenses (inclusive of VAT) will be charged as follows:
  - Weight up to 1 kg - 4.10 Euro
  - Weight up to 3 kg - 4.90 Euro
  - Weight up to 30 kg - 6.90 Euro
  The forwarding expense according order as shown on the ordering form.
• For shipping to german islands extra charges are possible.
• Orders over 100 Euro are free of forwarding cost.
• No minimum order quantity.

Foreign countries

• Forwarding expenses to consignees in other countries vary with weight as shown on the ordering form.
• In case of deliveries to countries not shown on the ordering form, H&V Frank Rothe will contact you for information on the mode of shipment and the costs involved.
• For shipping to special territories/islands extra charges are possible.
• If applicable costums duty and VAT of their respective countries are not considered.
• Deliveries in countries of the EU over 300 Euro are free of forwarding cost. Deliveries in all other countries over 500 Euro are free of forwarding cost.
• No minimum order quantity.

Article 7: Revocation

Right of revocation

You may revoke your order within a period of two weeks without stating any reasons, either by a written declaration (e.g., by letter, telefax message or E-Mail) or by returning the goods. The two-week period starts after receipt of this information in text form but not before the goods have been received by the consignee (in case of recurrent deliveries of like goods, not before the first partial delivery has been received), and not before we have met our duty to furnish information pursuant to Article 246 sec 2 in conjunction with sec 1 subs 1 and 2 of EGBGB, and our duties under sec 312g subs 1 sentence 1 of BGB in conjunction with Article 246 sec 3 of EGBGB. The revocation shall be considered to be effective if the said declaration or the goods have been dispatched within the said period. The declaration of revocation and/or the return shipment must be addressed to: Handelsvertretung & Vertrieb Frank Rothe, Westbahnhofstr. 8, 07745 Jena, GERMANY

Consequences of revocation

In case of an effective revocation, the goods and payments received by either party shall be returned, and any benefit that may have derived from using the goods or otherwise shall be compensated. If you cannot return all or part of the goods received, or if you can return them in a deteriorated state only, you will be held liable to compensate us for lost value. With regard to the return of goods, this shall not apply if the deterioration is exclusively due to the inspection of these goods, such as customary when purchasing the goods in a retail store. To avoid the duty of compensation for lost value due to taking the goods into their intended use, you should refrain from taking the goods into use as if they were your property, and from doing anything that could deteriorate their value. The cost of return shipment shall be borne by you if the goods you received are those you ordered and the price of the goods returned does not exceed 40 Euro, or if, in case the price exceeds this limit, you have not paid it yet at the time of revocation. Otherwise, the costs of return shipment will be borne by us. Goods that cannot be sent by parcel will be collected from your place. Obligations to refund payments shall be settled within 30 days. For you, this period starts on the date of dispatching your revocation declaration or the goods to be returned; for us it starts on the date of their receipt.

Article 8: Warranty

If any goods we delivered to you should have obvious defects of material or workmanship, or have suffered any damage in transit, please file complaint to us without delay. Failure to do so, however, shall not impair your legal claims. For all defects of the purchased goods that occur during the legal warranty period, you can legally claim, at your choice, either subsequent delivery, repair or replacement, and – if the law so permits – further claim a price reduction or revocation of the contract.

Article 9: Faulty Delivery

If a delivery contains wrong or defective items, H&V Frank Rothe will bear the cost of return shipment. In this case, please state the order number and the cause of the return shipment, so that H&V Frank Rothe can arrange for picking up the goods from your place.
In case of any trouble, please contact us by
E-Mail: shop@glas-jena.de
Phone: +49 (0)3641 320026
Fax. +49 (0)3641 236218

Article 10: Liability

H&V Frank Rothe disclaims any liability for any breach of collateral duties, especially with regard to the protection of industrial property rights. Exempted from this disclaimer is the liability for damages caused by gross neglect of duty by H&V Frank Rothe, its organs, legal representatives or agents. In case of any death or personal injury or bodily harm as well as in case of any breach of an essential contractual obligation, liability for damages caused by intentional or negligent breach of duty is also exempted from the disclaimer. This also applies to the direct liability of the organs, legal representatives and agents of H&V Frank Rothe.

Article 11: Data Protection

The data generated within the scope of the contractual relationship will be stored. We undertake not to forward your data to third parties for sales promotion or canvassing purposes. The data will be handled in accordance with the provisions of the German Federal Data Protection Act.

Article 12: Transactions with Traders

The above provisions governing the right of revocation and return shipments shall not apply to transactions with traders. In cases of sale to the trade, the statutory provisions for traders shall apply, the place of jurisdiction for both parties shall be Jena, and the contractual relationship shall be governed exclusively by the law of the Federal Republic of Germany.

Article 13: Severability

If any provision of these General Conditions of Trade should be or become entirely or partly invalid, this shall not affect the validity of all other provisions hereof. The invalid provision shall be replaced with relevant statutory provisions. The same shall apply in case these General Conditions of Trade should have any unforeseen gap.