Terms and Conditions
General Terms and conditions of the company Rosenlieb GmbH
Managing Director: Degreed Manager Hermann Hölscher
Bentheimer Str. 66
Local Court, HRB 212695
Tel.: +49 (0) 5921/80861-20
Fax.: +49 (0) 5921/80861-29
The following terms and conditions apply to all orders you make via our company Rosenlieb GmbH, e. g. through the online shop. Our deliverable and performance are always based on these terms and conditions. Deviations from our conditions are only effective if confirmed in writing by us.
The product presentation of the online shop as well as supplementary media such as newsletters do not constitute a legally binding offer but rather a non-binding online catalog.
Giftware may vary in color, material thickness and execution. Our information is descriptions and not guaranteed characteristics. This also applies tot he offer of flowers. As a natural product all details of colours, shapes and sizes are perceived as exemplary. Flowers are not suitable for consumption.
3. Conclusion of a contract
By ordering the requested goods you make a binding offer to conclude a purchase and delivery contract. All orders are only binding if they are confirmed by us in writing, usually by e-mail. Verbal supplements or verbal assurances are not effective if they exceed the content of the written contract. For writing, printing and calculation errors on the website Rosenlieb GmbH is entitled to withdraw. Since flowers are seasonal products, we do not guarantee that all products shown are always available.
4. Contract language
The ______ language is available for conclusion of contract.
5. Liability for defects
Statutory warranty rights exist. The risk of a delivery delay of a standard delivery by one or two days is borne by you. If a delivery cannot take place due to your incorrect information we reserve the right to deduct the paid purchasing price. In this case we are not obliged to resend the shipment. We are not responsible for defects caused by abnormal handling oft he goods.
For entrepreneurs in terms of § 14 GCC (German Civil Code) the following applies:
Our own information is considered agreed as the condition of the goods. You assume the duty to test the goods immediately and carefully for quality and quantity deviations. Obvious defects must be reported to us within one day in writing, e. g. by e-mail upon receipt of the goods, hidden defects must be reported immediately upon discovery. The timely dispatsch of the notice of defect is sufficient to meet the deadline. In case of a breach of the obligation to examine and give notice of defects the enforcement of guarantee claims are excluded.
In case of defects we provide a repair or replacement of our own choice. If the remedy of defects fails you can request a reduction or withdraw from the contract of your own choice. The remedy of defects is deemed to be failed after a unsuccessful second attempt elsewise something else is due particularly to the nature of the thing or to the defect or to other circumstances.
The EU commission has been providing a platform for extrajudicial mediation since the beginning of 2016. This gives you the opportunity to resolve disputes, e. g. regarding your orders, without intervention of a court. Available at: https://ec.europa.eu/consumers/odr/.
We are always interested in clarifying disagreements and finding solutions. Please do not hesitate to contact us if there are any problems at: firstname.lastname@example.org.
We dot participate in conciliation procedures and there is no obligation to do so.
7. Delivery time
Agreed delivery dates also require the written form. Rosenlieb GmbH will do everything to ensure and guarantee a punctual delivery date. Delays caused by vis major are excluded from this guarantee.
8. Terms of delivery
Deliveries are usually made within 4 – 5 working days after receipt of payment. Delivery on Sundays and bank holidays is excluded. Shipment takes place via DHL and DHL Express. After consignment you will receive an e-mail with the tracking number of your parcel so you are able to track it online.
9. Passing of risk
Goods with obvious transport damage are to be complained to the deliverer immediately. In this case please contact us immediately. This conduces on our part to assert claims from the carrier or from the transport insurance.
If you fail to complain or report the damage this will not affect your statutory rights, enforcement or your warranty claim.
As soon as we have handed your order to the transport service or other persons or institutions to carry out the shipment you bear the risk of accidental deterioration or destruction. For merchants the duty to test and to give notice of defects is regulated in §377 GCC (German Commercial Code) applies here. If you refrain from the notice of defects regulated there the approval for the goods has taken place. Defects that cannot be identified during the examination are excepted from this.
If supply difficulties should arise which are beyond our control, also with subcontractors, we are entitled to extend the delivery period within reasonable limits.
You carry the risk of undeliverability. If you do not fulfill your obligation to keep your data, such as your delivery address, up to date, we are not obliged to determine a correct address.
As an entrepreneur in terms of § 14 GCC (German Civil Code) the delivery of the goods is at your own risk. We reserve the deliveries to non-EU countries. A delivery to a non-EU country takes place without calculation of the German VAT. All other incurred taxes such as import VAT and any customs charges are to be borne by you.
We only trade in transit trade. Therefore on our part we are not obliged to subject the goods to a test of defect or completeness. So the complaint is still considered in due time if our customer has reported to us immediately and this complaint has been forwarded on to our supplier by us immediately. Any complaints must be made immediately and in writing. In case of a complaint of the goods no part of them is to be consumed or used. If this occurs then the complaint becomes invalid.
11. Reservation of title
The goods sold by us remain our property until full payment. However the reserved goods can be sold. Here the buyer assigns all claims to us. In the case of access to the reserved goods by third parties the buyer will be advised of our ownership and has to inform us about the process immediately.
Invoices are to be settled immediately, but within 14 days at the latest. Deviating agreements only apply if they have been accepted by us and confirmed in writing. Deduction of trade discount is only permitted if this has been expressly agreed. In case of default, default interest of 3 % above the current discount rate will be charged.
The statutory value added tax is included in the prices quoted, the shipping costs are calculated according tot he product prices. The amount of shipping costs depends on the parcel service and the chosen shipping method so that they may vary. The shipping costs are indicated binding before completion oft he order process.
The following payment methods are permitted:
13. Registration, customer account and e-maill newsletter
You have the possiblitiy to creat your user account by registering with your e-mail address and a password of your choice. On the basis of the registration process we will send you a confirmation e-mail and set up an account so you can manage customer information such as the delivery or billing address.
You assume the responsibility to keep your access data confidential and inaccessible to third parties. The use of multiple user accounts is not allowed, each person has one user account. We reserve the right to delete user accounts if there is a multiple application.
German law applies to the exclusion of the UN Convention of Contracts for the International Sale of Goods. Nordhorn is exclusive jurisdiction for all claims in connection with the business relationship. Rosenlieb is entitled to sue in the general jurisdiction oft he customer.
We do not assume the liability for the content of websites that we are linked to. Rosenlieb GmbH does not embrace the contents of the linked sites.
All copyrighted usage rights in any process and for any purpose of drafts , originals, films and whatnot created by Rosenlieb GmbH remain at Rosenlieb GmbH unless otherwise expressly agreed. The offer on the website is provided and monitored by Rosenlieb GmbH in Nordhorn. All content on this website such as images, illustrations, audio and video clips are protected by copyrights, trademarks and other intellectual property rights held or controlled by Rosenlieb GmbH or other parties and licensed to Rosenlieb GmbH. This content may not be copied, reproduced, republished or distributed in any other way including by e-mail and other electronic medium. The alteration of the data, information and materials, their application on other websites or on network-connected computers and their use for purposes other than personal, non-commercial is a violation of copyright, trademark and other proprietary rights and thus prohibited. We reserve the right to prosecute for copyright infringement.
We would like to point out that all communication with you occurs in electronic form and can be uncertain. Anyhow you agree with electronic communication.
German law applies to the exclusion of the UN Convention of Contracts for the International Sale of Goods.
If any individual regulations of these General Terms and Conditions contradict the statutory rules and turn out uneffective the validity of the remaining agreement remains unaffected.
If you are a merchant in terms of § 14 GCC (German Civil Code) our registered office is the place of jurisdiction.