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| General terms and conditions |
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§1 Scope
(1) The general terms and conditions under consideration contain the exclusively applicable terms and conditions between you and us, the Vosteen-Meyer GbR, Habsburgerstr 117, 79104 Freiburg with the business name Rota Temporis, represented by partners Markus Vosteen and Henric Meyer (hereafter called Rota Temporis), as far as these are not amended by written agreements between the parties. By registering according to § 2 and by every customer account log-in or ordering at our home page, you recognise these general terms and conditions as solely applicable in their respective valid version.
(2) Amendments of these terms and conditions shall be communicated to you in writing by fax or e-mail. If you do not object to the amendment within four weeks from the receipt of the notification, the amendments shall be deemed as approved by you. In case of amendment in the general terms and conditions, you will be informed separately of the right of objection and the legal consequences of remaining silent.
§2 Registration
(1) Your registration in our trading system is free of cost. An entitlement to admission does not exist in our trading system. For admission, you shall electronically fill up the registration form provided at our website. You shall enter the data required for the registration completely and truthfully. You shall select a personal password with the registration. You are obliged to keep your password in confidence and not to give away the password to a third party under any circumstances.
(2) Minors above 14 years with limited contractual capability are also eligible. The effectiveness of an order by a minor is based in this case upon statutory regulations. Rota Temporis reserves the right to demand the proof of consent from the legal guardian.
(3) Apart from the declaration of your agreement with the validity of these general terms and conditions, your registration is bound with no liability whatsoever. Your registration can be cancelled at any time. Your registration with us alone does not amount to any obligation whatsoever to purchase the goods offered by us.
(4) As far as your personal data changes, you are solely responsible for their update. All changes can be undertaken online after log-in in My Account.
§3 Secrecy obligation
We use the personal data supplied by you, especially title, name, address and e-mail address according to the provisions of the German Data Protection Act. In particular we use the transfer-matrix method based on SSL protocol to encrypt your personal data. Further details can be found any time under Privacy and Data Protection.
§4 Product and price specifications
(1) For the essential features of the products offered by us and the validity period of the offer, please refer to the individual product descriptions in the scope of the web offer. Specifications, drawings, illustrations, technical data, and descriptions of weight, dimension and performance contained in prospectuses, catalogues, newsletters, advertisements or price lists are purely informative. We do not assume responsibility for the correctness of the specifications contained therein.
(2) All specified prices are final prices in EURO inclusive of the applicable VAT. Shipping costs are additionally charged, as listed under “Delivery and Shipping Costs”.We would like to point out that shipment to foreign countries could incur potentially higher shipping costs, customs dues and fees, etc.
§5 Conclusion of the contract
(1) The presentation of our products represents no binding offer on our part. Only your order for a product is a binding offer according to § 145 of the German Civil Code. There is no minimum order value. Any type errors that could have occurred in the issue of the order can be detected in the subsequent confirmation and can be corrected with the aid of the edit function anytime before sending the order.
(2) If an order has been issued, Rota Temporis sends the orderer an e-mail confirming the receipt of order by Rota Temporis and listing the particulars of the order. This confirmation of order does not represent an acceptance of the order, but only informs of the entry of the order. A sales contract materialises only when the shipment is confirmed by a second e-mail to the orderer.
(3) The languages available for the conclusion of the contract are exclusively German and English.
§6 Terms of payment
(1) The purchase price is immediately payable with the order. The payment for the goods can be made according to your choice by cash on delivery, cheque, Paypal, advance payment or by direct debit.
(2) The invoiced amount is to be paid within 10 days after receipt of the goods. After the expiry of the aforesaid period, the customer is due for late payment. Rota Temporis has the right to demand a lump-sum processing fee of € 5 for every necessary reminder.
(3) The customer’s rights to set-off shall only exist if his counter-claims are legal, undisputed or accepted by us. Moreover he is entitled to exercise a retention right insofar as his counter-claim is based on the same contractual relationship.
§7 Terms of delivery
(1) We deliver the goods according to the agreements made with you. The specifications contained in the confirmation of order alone are decisive with regard to the type and extent of delivery. Partial deliveries to the orderer are permitted. Should the goods ordered by you not be available, we reserve the right of not rendering the performance.
(2) Incidental shipping charges shall be removed from the delivery and shipping costs and separately indicated by us on the invoice. Delivery dates and delivery periods are binding only if they have been confirmed by us in writing.
(3) As far as the delivery of goods has not been rendered, or not rendered as agreed in the contract, you should grant us a time extension of two weeks to render the performance. In other respects, you are not entitled to withdraw from the contract.
§8 Retention of title
(1)The goods remain our property until they are completely paid for.
(2) In case of compulsory enforcement procedures of third parties on the retention goods, the customer shall immediately inform us with documents necessary for an intervention; this applies for damnification of other types. Independent of this, the customer has to inform the third party in advance about the existing retention rights.
§9 Right of return
(1) The customer can return the received goods by sending them back within two weeks without giving any reasons. The period becomes active at the earliest from the date of receipt of the goods. Despatch of the goods within the stipulated period is sufficient for adherence to this period of notice. The return of goods shall be at our cost if the value of the order is above 40.- Euro, otherwise the cost (if the value of the order is under 40.- Euro) of the return shall be at the cost of the customer. Goods sent back without prepaid postage will not be received. The return address is as follows: Rota Temporis, Vosteen-Meyer GbR, Habsburgerstr 117, 79104 Freiburg.
(2) In case of an effective revocation, the received goods/payment and any benefits drawn therefrom have to be returned by both parties.
(3) In case of damage to the goods, their value replacement in money can be demanded. This does not apply if the damage of the goods is solely ascribed to their inspection, just as it would be possible for the customer in the retail shop. For the rest, the customer can avoid the obligation of value replacement by not using the goods as his own property and refrain from anything that can affect their value.
(4) The right of return does not exist if the goods were manufactured according to customer’s specifications or clearly customised for the personal requirements of the customer or are "special offers". The right of revocation of the contract exists independent of your claims on guarantee, inasmuch as the goods are faulty. End of instructions on revocation.
§10 Liability for defects
(1) By the existence of a defect, we are liable according to the statutory provisions (guarantee), as far as the following procedures are upheld. The customer notifies us about the apparent defect in writing by e-mail or fax, or by phone within two weeks after the appearance of the defect. If the notification is not done within the aforesaid period, the right of guarantee is forfeited. This is not applicable if we have fraudulently concealed the defect or have undertaken a guarantee for the condition of the goods.
(2) The period of limitation for damage claims for newly supplied goods is two years, calculated from the transfer of perils. This does not apply as far as they are claim for damages due to defect. § 11 is applicable for claim for damages due to defect. The customers do not receive guarantees in the legal sense from us.
§11 Liability for damages
(1) Our liability for contractual breach of duty as well as delict is restricted to intent and gross negligence. This does not apply in case of injury to life, body and health of customers, claims due to the violation of cardinal duties and compensation for damages due to delay (§ 286 GCC). In this respect, we are liable for every level of negligence.
(2) The aforesaid non-liability is likewise applicable for slight breaches of neglect of our vicarious agents (e.g. the delivery service).
(3) As far as a liability for damages, which do not rest upon injury to life, body or health of customers, is not excluded for slight negligence, such claims become time-barred within a year beginning with the origin of the claim, and in case of claim for damages due to a defect, from the handing over of the goods.
(4) As far as liability for damages on our part is excluded or restricted, this also applies in terms of the personal liability for damages of our personnel, workers, associates, representatives and vicarious agents.
§ 12 Liability for the website
(1) The data communication over the internet free of errors and/or its availability all the time cannot be guaranteed according to the present state-of-the-art technology. Therefore we are liable neither for the continuous and unbroken availability of our online trading system, nor for technical errors during the ordering procedure, on which we have no influence, especially not for the delayed processing or acceptance of offers.
(2) As far as external contents are directly or indirectly referenced on our web pages especially by hyperlinks, Rota Temporis cannot assume any responsibility for those contents.
§13 Copyright
All contents, especially layouts, pictures, drawings, logos, descriptions, etc., on these web pages are subject to copyright protection. Copying, also of extracts, duplication and circulation of these contents are only allowed with the prior consent of Rota Temporis.
§14 Final provisions
(1) Amendments or supplements of these general terms and conditions require the written form. This also applies for the abrogation of this requirement of written form.
(2) The laws of the Federal Republic of Germany are applicable. This does not apply if special consumer protection provisions in the home country of the customer are favourable (Art. 29 Introductory law to the GCC).
(3) If the customer in general has no place of jurisdiction in Germany or in any of the EU member states, the exclusive court of jurisdiction for all disputes arising from this contract is Freiburg, our business location.
(4) Should individual provisions of this contract become ineffective or irrelevant by statutory regulations, the rest of the contract is not affected. The contract parties shall amicably replace the ineffective provision with another that comes closest to the whole economic spirit and purpose of the ineffective provision and still be legally effective. The aforementioned provision is accordingly applicable in case of legal loopholes.
Status: January 1, 2006
Vosteen-Meyer GbR
Habsburgerstr. 117
79115 Freiburg |
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