§ 1 General - Scope of Application
1. The following General Terms and Conditions regulate the contractual agreement between Rostocker Wetterfahne and Consumers as well as Entrepreneurs that make use of Rostocker Wetterfahne Internet offer (hereinafter called “Buyer”). The General Terms and Conditions apply to the use of the website Rostocker Wetterfahne, including all related sub-domains. The respective latest version at the time the contract was concluded is applicable. The contractual language shall be German.
2. For the purpose of these Terms and Conditions, ‘Consumers’ mean any individuals, who enter into a business relationship with Rostocker Wetterfahne for reasons that are outside their trade, business or profession. For the purpose of these Terms and Conditions, ‘Entrepreneurs’ mean any individuals or legal entities, who enter into a business relationship with Rostocker Wetterfahne in the course of their commercial or self-employed occupational activities.
3. When placing an order, pre-existing Entrepreneur’s Terms and Conditions are hereby rejected.
§ 2 Conclusion of Contract
1. The offers made by Rostocker Wetterfahne via Internet are non-binding appeals to the Buyer to order products from Rostocker Wetterfahne.
2. By placing an order for the purchase of a desired purchase object, the Buyer submits a binding offer for the conclusion of a purchase contract.
3. Rostocker Wetterfahne is entitled to accept subject request within 14 working days by issuing an order confirmation. The order confirmation will be sent by e-mail. Upon fruitless expiration of the deadline mentioned in Sentence 1, the offer is considered as rejected.
§ 3 Payment, Maturity, Delayed Payment
1. Payments for the goods must occur either by advance payment or cash on delivery. Payment per cash on delivery is only possible within Germany. We reserve the right to accept or decline certain types of payment in certain individual cases.
2. In the event of advanced payment, the Buyer is obliged to immediately pay the full amount upon conclusion of contract. In case of payment upon delivery, the Buyer is obliged to pay the full amount immediately upon receipt of the ordered goods. In case of purchase on account, the Buyer is obliged to pay the invoiced amount within 14 days after receipt of the ordered goods. In case of direct debit agreement, the invoiced sum is withdrawn within one week after conclusion of contract. In case of payment by credit card, the invoiced sum is charged after the goods have been shipped.
3. In case of delayed payment, the Buyer is liable for any negligence. Based on the service performed, the Buyer is also liable for coincidence, unless the damage would have also occurred with payment in due course.
4. During the period of delay, default interest for late payment has to be paid on the purchase price. The late payment interest rate shall be 5% per annum above the base interest rate. For legal transactions, in which no Consumer is involved, the interest rate will be 8% above the base interest rate.
5. The assertion of further damage claims remains inviolate.
§ 4 Delivery
1. Delivery is made by sending the object of purchase to the address specified by the Buyer. If delivery against prepayment has been agreed, the delivery time is 14 working days upon receipt of the purchase price. Otherwise, delivery time is 14 working days after sending the order confirmation.
2. The shipping costs for the object of purchase within Germany are provided here. The Buyer bears all shipping costs for the object of purchase (Please see under delivery charges). If the Buyer requires a special form of delivery resulting in excess handling and shipping fees, the Buyer also bears these additional costs.
3. If the Buyer obtains the object of purchase for his / her commercial or professional activities, he / she bears the risk of the purchase object’s accidental loss or deterioration. In the event of effective withdrawal, the Consumer must bear the costs for return shipment, if the delivered goods ordered complies with the ordered item/s and if the price of the item to be returned does not exceed the value of 40 Euros or if this price is exceeded, the service in return or a contractually agreed partial payment at the time of revocation has not yet been provided.
§ 5 Retention of Title
The object of purchase remains property of Rostocker Wetterfahne until full payment has been made. Prior to transfer of ownership, the Buyer is not entitled to pledge the purchase object, use it as security assignment, process or reshape it without the explicit consent of Rostocker Wetterfahne.
§ 6 Prices
The price for the object of purchase specified in the respective offer is the final price, including any value-added tax and other price components. Deductions such as bonuses, allowances, or discounts are excluded. The price does not include shipping and handling fees.
§ 7 Withdrawal
1. In the case that false information about the Buyer’s financial capacity has been provided or apparent reasons for the Buyer’s financial incapacity have arisen (e.g. institution of insolvency or bankruptcy proceedings against the Buyer’s assets or rejection of a respective application due to lack of funds), Rostocker Wetterfahne is entitled to terminate the contract at any time, including the situation where part of the delivery or service is still outstanding,. The Buyer has the right to provide advance payment or a suitable security in order to prevent termination.
2. Irrespective of any claims for damages, partial performances already made are to be billed and paid according to the contract.
§ 8 Warranty
1. Warranty towards Consumers
a) It is Rostocker Wetterfahne’s responsibility to ensure that the object of purchase is free of defects at the time it is handed over. If a material defect becomes apparent within six months of the date on which the risk has been transferred, it shall be presumed that the defect already existed at the time it was handed over, unless this assumption cannot be reconciled with the nature of the material or the defect. If the material defect becomes apparent after the expiration of six months, the Buyer must provide proof that the material defect on the object of purchase had already been existing at the time it was handed over.
b) If the object of purchase is faulty by the time it is handed over, the Buyer has the right to choose between supplementary performance by subsequent repair or replacement. Rostocker Wetterfahne is entitled to refuse the chosen type of supplementary performance, if such performance is only achievable at unreasonably high costs and the alternative type of supplementary performance does not create any substantial disadvantages to the Buyer.
c) If the attempt to remedy the defect fails, the Buyer shall be principally entitled, at his own discretion, to request purchase price reduction (decrease in price) or withdraw from the agreement (cancellation) as well as making a claim for compensation. If the defect is only of a minor nature, the Buyer is not entitled to withdraw from the contract.
d) The Buyer’s statutory rights for material defects expire two years after the purchase date or one year in case of used items. The one-year limitation period does not apply to claims for compensation. Other statutory requirements remain unaffected.
2. Warranty towards Entrepreneurs
a) If an order is part of the Buyer’s trading business, the Buyer is obliged to immediately inspect the delivered goods for deviations from the specifications in terms of quantity and quality and to notify Rostocker Wetterfahne by specifying the visible defects in written form within one week upon receipt of the goods; otherwise the assertion of a warranty claim will be barred. Latent defects are to be notified in writing to Rostocker Wetterfahne within one week after detection. Timely dispatch is sufficient as fulfillment of this deadline. In this case, the Buyer is solely responsible for providing evidence that the claim is justified, in particular for the defect itself, for the point of time the defect was detected as well as on the timeliness of the claim.
b) In cases of deficiencies, Rostocker Wetterfahne will repair or replace the item at its own discretion.
c) Buyer’s warranty claims expire after one year. This limitation period does not apply to claims for compensation.
3. If Rostocker Wetterfahne replaces the defective object with an object that is free of defects for the purpose of supplementary performance, Rostocker Wetterfahne may request the Buyer to return the defective object.
4. Rostocker Wetterfahne is not liable for any defects caused by the Buyer through improper handling or actions contrary to contract during installation, connection, operation, or storage.
§ 9 Limitation of Liability
1. Rostocker Wetterfahne is liable for any claims arising out of death, injury to body, or health only insofar as such damage result from willful misconduct or gross negligence or from the violation of an essential contractual obligation attributable to Rostocker Wetterfahne or respectively, its vicarious agents. Principle contractual obligations are obligations that fulfill the adequate and orderly implementation of the contract, which the Buyer may regularly rely upon. Any further liability for compensation of damages is excluded. Claims arising from a warranty issued by Rostocker Wetterfahne for the condition of the purchase object and Product Liability Act (Produkthaftungsgesetz) remain untouched thereof.
2. With the current state of technology, 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 continuous availability of our Internet shop.
§ 10 Applicable Law and Jurisdiction
1. All disputes arising from this legal relationship are subject to the laws of the Federal Republic of Germany. This only applies to a Consumer insofar as it would deprive him or her of relative protections granted by mandatory legal provisions under the laws of the country, in which the Consumer has his/her habitual residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
2. If the Buyer is a tradesman, legal entity, or special asset under public law, the contractual relationship is subject to exclusive jurisdiction of the courts responsible for the district, where Rostocker Wetterfahne has its registered place of business. The same applies, if the Buyer has no place of general jurisdiction in Germany or if his / her place of residence or habitual residence is unknown at the time the action is filed.
§ 11 Severability Clause
If any provision of these General Terms and Conditions is or becomes invalid or unenforceable in any jurisdiction, the validity or enforceability of any other provision of these General Terms and Conditions shall not be affected, unless the elimination of individual provisions discriminates either contract party to such an unacceptable extent that the adherence to the contract becomes unacceptable.
These General Terms and Conditions have been created by janolaw legal experts and reviewed in legal practice. The janolaw AG guarantees superior quality of this online product and is liable in the event of warnings.
§ 1 Right of Revocation
You are entitled to revoke your contractual declaration in text form (e.g. letter, fax, e-mail) within 1 month without giving reasons, or by returning the item, if the item has been already conveyed to you before expiration of the deadline. The period begins upon receipt of these written instructions, however, not before the goods have been received by the recipient (with recurring deliveries of similar items, not prior to the receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246, Paragraph 2 in conjunction with Article 1, Paragraphs 1 and 2 of the Introductory Act to the German Civil Code (EGBGB - Einführungsgesetz zum Bürgerlichen Gesetzbuch) as well as our obligations under Article 312e, Paragraph 1, Sentence 1 of the German Civil Code (BGB - Bürgerliches Gesetzbuch) in conjunction with Article 246, Paragraph 3 of the Introductory Act to the German Civil Code (EGBGB - Einführungsgesetz zum Bürgerlichen Gesetzbuch). The deadline shall be observed either by timely dispatch of the declaration of revocation or return shipment. The revocation must be sent to the address specified in the Imprint section.
§ 2 Consequences of Revocation:
If a cancellation is effective, the services received by either party shall be returned and, where appropriate, any benefit yielded from them (e.g. interest) shall be surrendered. If you are unable to return the service received either partially or entirely, or if you can only do so in a deteriorated condition, you are liable to provide appropriate compensation to us. This does not apply, if the deterioration is exclusively caused by its examination, as it would have been also possible in a physical store. Furthermore, you are not required to provide compensation for damage if proper usage of the item, in accordance with the terms and conditions, can be ensured.
Packaged items shall be returned at our risk. You shall bear the return postage costs, if the goods delivered correspond to the goods ordered and if the cost of the item being returned does not exceed 40 Euros, or, if the cost for this item is higher and you have not yet yielded the service in return or a contractually agreed partial payment at the time of revocation. In all other cases, the return is free of charge. Items that cannot be shipped as a parcel will be collected. Obligations to reimburse payments must be met within 30 days. This period begins for you with the dispatch of your declaration of cancellation or the item, and for us, upon its receipt. After revocation is filed, the Buyer will also be reimbursed for the shipping costs arising from the dispatch of the goods to him.
End of revocation policy.