General Terms and Conditions

General Terms and Conditions with Customer Information

Scope

These General Terms and Conditions (hereinafter referred to as “GTC”) of Rotho Kunststoff GmbH, Hauptstraße 84, 79733 Görwihl (hereinafter “Seller”), apply to all contracts concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller for the goods presented in the Seller’s online shop. Any contrary terms and conditions of the Customer are rejected unless otherwise agreed.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is a natural or legal person or a legally responsible partnership who, when entering into a legal transaction, acts in exercise of their commercial or self-employed professional activity.

Conclusion of Contract

The Seller’s online offering does not constitute a legally binding offer, but an invitation to submit an offer. By placing an order, the Customer submits a binding offer to conclude a purchase contract.

The Customer can submit the offer via the integrated online order form. After placing selected goods into the virtual shopping cart and completing the ordering process, by clicking the final order button, the Customer makes a legally binding contract offer regarding the goods/services in the cart.

The Seller promptly confirms receipt of the order electronically. This confirmation does not constitute acceptance of the offer. The Seller may accept the Customer’s offer within five days.

Acceptance and conclusion of the contract occur when an order confirmation with tracking number is sent after dispatch. In the case of advance payment, the contract is concluded upon sending of the Seller’s bank details.

If the Seller does not accept the offer within the specified time, this is considered a rejection, and the Customer is no longer bound.

Payment Methods and Third Parties

  • PayPal Express: Payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A. By clicking the final button, the Customer also initiates a payment instruction to PayPal, and the contract is deemed accepted at that moment.

  • Google Pay: Customer must be registered with Google and confirm the payment. Payment is processed according to Google’s additional terms (link).

  • Shop Pay: A fast checkout method saving user data for future transactions.

The offer acceptance period starts the day after the Customer submits the offer and ends after five days.

The contract text is stored and sent with the GTC in text form (email, fax, or letter). The text is not retrievable via the website after ordering, unless a customer account was created beforehand.

The Customer can correct their entries using standard keyboard and mouse functions before final order submission.

The contract language is exclusively German.

Right of Withdrawal

Consumers have a statutory right of withdrawal. Detailed instructions are provided in the Seller’s cancellation policy.

Prices and Payment Conditions

Unless stated otherwise, prices include statutory VAT. Delivery and shipping costs are listed separately.

Various payment options are provided in the online shop. For advance payment, payment is due immediately after contract conclusion.

Payment via PayPal is subject to their terms. Credit card payments may require additional authorization depending on the card provider.

Delivery and Shipping Conditions

Goods are delivered to the shipping address provided by the Customer. The delivery address in the checkout is decisive unless payment is via PayPal, in which case the PayPal-registered address applies.

If the goods are returned due to unsuccessful delivery, the Customer bears the return costs, unless they are not responsible for the issue or were temporarily prevented from accepting the goods.

For entrepreneurs, risk of accidental loss or damage passes upon handover to the shipping company. For consumers, the risk passes upon receipt, unless the consumer arranged the shipping independently and the seller did not nominate the shipper.

The Seller reserves the right to withdraw from the contract if suppliers fail to deliver correctly or on time, provided a replacement order was made with due diligence. The Customer will be informed and refunded if the goods are unavailable or only partially available.

Retention of Title

  • For consumers: The goods remain the property of the Seller until fully paid.

  • For entrepreneurs: Retention of title applies until all claims from the business relationship are settled.

Entrepreneurs may resell the goods; claims from such resale are assigned in advance to the Seller. The Customer retains collection rights unless they default or insolvency proceedings are initiated.

Liability for Defects (Warranty)

Legal warranty rules apply. Deviations:

  • Entrepreneurs: Minor defects do not entitle to claims; Seller chooses the method of remedy; new goods have a 1-year limitation; used goods are sold “as is.”

  • Consumers: Warranty for new goods is 2 years; for used goods, 1 year (with some limitations).

Limitations do not apply to claims for damages, fraud, or intent. Entrepreneurs’ right of recourse under § 478 BGB remains unaffected.

Merchants must inspect and report defects promptly under § 377 HGB, or the goods are deemed accepted.

Consumers are asked to report obvious transport damage to the carrier and notify the Seller, but this does not affect their warranty rights.

Replacement goods must be returned to the Seller within 30 days at no cost.

Liability

The Seller is liable without limitation:

  • In cases of intent or gross negligence

  • For injury to life, body, or health

  • Under product liability law

  • For any guaranteed characteristics

For breaches of essential contractual obligations through slight negligence, liability is limited to foreseeable, typical damages. No further liability is accepted.

This applies to the Seller’s legal representatives and agents as well.

Applicable Law and Jurisdiction

  • German law applies, excluding UN sales law. Consumer protection laws of the consumer’s country of residence remain unaffected.

  • Jurisdiction for all disputes:

    • Germany: Seller’s business location

    • Outside Germany: Also the Seller’s business location, if it relates to the Customer’s business/professional activity. The Seller may also choose the Customer’s local court.

Online Dispute Resolution

The EU Commission provides an Online Dispute Resolution (ODR) platform: http://ec.europa.eu/consumers/odr/

The Seller is neither obligated nor willing to participate in dispute resolution before a consumer arbitration board.

Status: September 2024