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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, REVOCATION FORM
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 amount due can be paid by either credit card, instant bank transfer (Germany, Austria, Switzerland, Belgium, United Kingdom, The Netherlands, Italy, Poland, Hungary, France, Spain only), or by advance bank transfer (EU only). The ordered goods will be delivered after receipt of payment by H&V Frank Rothe.

Once the order has been placed, payment by credit card or instant bank transfer can conveniently be authorised by the customer directly online.
Cash in advance shall be made to the following bank account:

Bank: Deutsche Bank Jena
Bankaddress:
Schlossgasse 20, 07743 Jena, Germany
Bank code: 820 700 24
Account No.: 622141000
Account holder: Frank Rothe

International account data:
IBAN: DE57 8207 0024 0622 1410 00
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 DHL. 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:
    • DPD
      - weight up to 1 kg - 4.90 Euro
      - weight up to 3 kg - 5.40 Euro
      - weight up to 5 kg - 5.90 Euro
      - weight up to 10 kg - 6.90 Euro
      - weight up to 30 kg - 7.90 Euro
    • DHL
      - weight up to 1 kg - 5.90 Euro
      - weight up to 5 kg - 6.90 Euro
      - weight up to 10 kg - 8.90 Euro
      - weight up to 31 kg - 12.90 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.
  • No minimum order quantity.

Article 7: Power of revocation, Revocation form

Right of revocation

You have the right to cancel this contract within 14 days without giving reasons. The revocation period is 14 (fourteen) days from the date on which you or a third party nominated by you, other than the carrier, take possession of the goods.
To exercise your right of revocation, please inform us of
Handelsvertretung & Vertrieb
Frank Rothe
Westbahnhofstr. 8
07745 Jena
Germany
Phone: +49 (0)3641 320026
Fax: +49 (0)3641 236218
E-mail: E-Mail
within a unique declaration (e.g. a letter sent by mail, fax or e-mail) of your decision to cancel this contract. You can optionally use the following sample revocation form (see below).
To guarantee the cancellation period it is sufficient to submit the notice of implementation of the right of cancellation before the cancellation deadline has expired.

Consequences of revocation

If you cancel this contract, we are obliged to repay all payments that we have received from you including delivery charges (except for additional costs arising from choosing a different type of delivery to the cheap, standard delivery offered by us) without delay and at the latest within fourteen (14) days from the date on which the notice of cancellation of this agreement is received. We use the same means of payment for this repayment that you used in the original transaction, unless something else has been expressly agreed with you; in no instances will fees be charged for this repayment.
We may refuse to refund payments until we have received the goods again or until you have demonstrated that you have returned the goods, whatever is sooner. You must return or hand over the goods promptly and in any case no later than fourteen days from the date on which you have informed us about the cancellation of this agreement. The deadline is guaranteed, if you send the goods before expiration of the fourteen day period.
You must bear the direct costs of returning the goods. You will only be liable for any possible loss in value of the goods, if this loss in value is attributable to their unnecessary handling for testing, properties and function of the goods.
Our revocation form opens/is downloaded by clicking on the following link: REVOCATION FORM

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

Phone: +49 (0)3641 320026
Fax: +49 (0)3641 236218
E-mail: E-Mail

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.

Cookies

Our website makes use of so-called cookies in order to recognize repeat use of our website by the same user/internet connection subscriber. Cookies are small text files that your internet browser downloads and stores on your computer. They are used to improve our website and services. In most cases these are so-called "session cookies" that are deleted once you leave our website.
To an extent, however, these cookies also pass along information used to automatically recognize you. Recognition occurs through an IP address saved to the cookies. The information thereby obtained is used to improve our services and to expedite your access to the website.
You can prevent cookies from being installed by adjusting the settings on your browser software accordingly. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our website.

Server Data

For technical reasons, data such as the following, which your internet browser transmits to us or to our web space provider (so called server log files), is collected:

  • type and version of the browser you use
  • operating system
  • websites that linked you to our site (referrer URL)
  • websites that you visit
  • date and time of your visit
  • your Internet Protocol (IP) address.

This anonymous data is stored separately from any personal information you may have provided, thereby making it impossible to connect it to any particular person. The data is used for statistical purposes in order to improve our website and services.

Facebook

Our website uses social plugins ("plugins") provided by the social network facebook.com, operated by Facebook Inc., 1601 S. California Avenue, Palo Alto, CA 94304, USA ("Facebook"). The plugins are identifiable by a Facebook logo (white letter f on blue background or a thumb up icon) or the notice "Facebook Social Plugin". For a full list of all social Plugins please see http://developers.facebook.com/plugins.

When you visit a page of our website that contains a social plugin, your browser establishes a direct connection to Facebook servers. Facebook directly transfers the plugin content to your browser which embeds the latter into the website, enabling Facebook to receive information about your having accessed the respective page of our website. Thus we have no influence on the data gathered by the plugin and inform you according to our state of knowledge:

The embedded plugins provide Facebook with the information that you have accessed the corresponding page of our website. If you are logged into Facebook, your visit can be assigned to your Facebook account. If you interact with the plugins, for example by clicking "Like", or entering a comment, the corresponding information is transmitted from your browser directly to Facebook and stored by it. Even if you are not logged into Facebook, there is possibility that the plugins transmits your IP-address to Facebook.

For the information on the purpose and scope of data collection and procession by Facebook, as well as your rights in this respect and settings options for protecting your privacy please visit Facebook’s privacy policy: http://www.facebook.com/policy.php.

If you are a Facebook member and do not want Facebook to connect the data concerning your visit to our website with your member data already stored by Facebook, please log off Facebook before entering our website. Further you can block Facebook social Plugins by using add-ons for your browser, like the "Facebook Blocker".

Google Plus

Our website uses "+1" button provided by the social network Google Plus, operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States ("Google"). This button is identifiable by the character "+1" on white or colored background.

When you visit a page of our website that contains this button, your browser establishes a direct connection to Google servers. Google directly transfers the "+1" button content to your browser which embeds the latter into the website, enabling Google to receive information about your having accessed the respective page of our website. Thus we have no influence on the data gathered by the "+1" button. According to Google no personal data will be collected without clicking on this button. Only if you are logged into Google, such personal data like your IP address will be collected and processed.

For the information on the purpose and scope of data collection and procession by Google, as well as your rights in this respect and settings options for protecting your privacy please visit Google’s privacy policy for the "+1" button: http://www.google.com/intl/de/+/policy/+1button.html and FAQ: http://bit.ly/r3Qmer.

If you are a Google Plus member and do not want Google to connect the data concerning your visit to our website with your member data already stored by Google, please log off Google Plus before entering our website.

Use of Twitter recommendation components

Our website employs components provided by Twitter. Twitter is a service of Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA.

Each time our website receives an access request equipped with a Twitter component, the component prompts your browser to download an image of this component from Twitter. Through this process, Twitter is informed precisely which page of our website is being visited.
We have no control over the data that Twitter collects in the process, or over the extent of the data that Twitter collects. To the best of our knowledge, Twitter collects the URL of each website accessed as well as the IP address of the user, but does so solely for the purpose of displaying Twitter components. Additional information may be obtained from the Twitter data privacy policy, at: http://twitter.com/privacy.

You may change your data privacy settings in your account settings, at http://twitter.com/account/settings.

Use of Pinterest

Our website employs the services of pinterest.com. Pinterest.com is a service of Pinterest, Inc., 808 Brannan St, San Francisco, CA 94103, USA. Through the "Pin it" button integrated into our website, Pinterest is informed that you have accessed that particular page of our site. If you are logged into Pinterest, Pinterest can associate your visit to our site with your Pinterest account and thereby create a link to the data collected. Pinterest stores the data that is transferred through clicks on "Pin it buttons. You can find more information with respect to the purpose and extent of data collected, how it is processed and used as well as your rights in this regard and what settings you can use to protect your privacy by consulting the Pinterest data protection policy, which you can access at http://pinterest.com/about/privacy/.

To prevent Pinterest from associating your visit to our website to your Pinterest account, you must first log out of your Pinterest account before visiting our site.

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.

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