GENERAL TERMS AND CONDITIONS:
The Rosental Organics UG (limited liability)
I. Validity of the conditions/offers
(1) The following General Terms and Conditions apply to all contracts concluded between Rosental Organics UG (haftungsbeschränkt) (hereinafter referred to as “Rosental”) and the end customer as a consumer within the meaning of § 13 BGB (German Civil Code) for the delivery of natural cosmetics via the online trade.
(2) Offers from Rosental are non-binding in all parts, unless Rosental has expressly marked them as binding. This also applies in particular to drawings, illustrations, dimensions, weights or other performance data.
II. conclusion of contract
(1) Contracts are concluded with Rosental Organics UG (haftungsbeschränkt), G7 22, 68159 Mannheim, Germany. The managing director Alexander Pelz represents the company.
(2) The presentation of the products in the online shop does not represent a legally binding offer by Rosental, but a non-binding request for the submission of an offer by the end customer. By clicking on the “Buy” button, the end customer places a binding order with Rosental for the goods contained in his shopping basket. The confirmation of the receipt of the order takes place together with the acceptance of the order by Rosental immediately after sending by an automated e-mail. With this e-mail confirmation by Rosental, the purchase contract is concluded according to the conditions and contents stated in the confirmation.
(3) Rosental reserves the right to deviate from the contractually agreed quality of the goods as far as such deviations are customary in trade or represent an improvement.
III. revocation instruction
right of withdrawal
You have the right to revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods. The right of revocation does not apply to distance contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. Unsealed goods must remain unopened, Rosental reserves the right to exclude opened goods from exchange or return. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period:
Rosental Organics UG
68159 Mannheim, Germany
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than 14 days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, except for delivery charges and additional costs arising from your choosing a different method of delivery from the cheapest standard delivery offered by us). Delivery costs will only be borne by Rosental if the reason for the revocation is demonstrably based on a defect. For this repayment we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you, in no case will you be charged for this repayment. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
The goods must be returned immediately and in any event no later than 14 days from the date on which you notify us of the revocation of this contract to
Rosental Organics UG
68159 Mannheim, Germany
be returned or handed over. The time limit is met if you send the goods before the expiry of the 14-day time limit.
You shall bear the direct costs of returning the goods.
You only have to pay for a possible loss in value of the goods if this loss in value is due to a handling of the goods which is not necessary for checking their condition, quality and function.
End of the revocation instruction
(1) All prices of Rosental are valid in Euro and are gross prices (including sales tax) from the registered office of Rosental plus separately stated shipping costs, unless otherwise agreed with the end customer. The type of packaging is at the discretion of Rosental, unless otherwise agreed with the end customer.
(2) Rosental reserves the right to change prices in case of acceptance of deviating quantities compared to the agreed scope.
V. Terms of payment, lump sum for damages
(1) The end customer has the following payment options when ordering via the Rosental online portal:
a) Prepayment via SEPA bank transfer
b) Payment via Amazon Pay
c) Payment by PayPal
d) Klarna invoice
(e) Klarna instalment payment
f) Credit card
(g) immediate transfer
Payment shall only be deemed to have been made when the payment amount has been credited to Rosental’s account. If the payment amount is not credited to the account of Rosental, the end customer receives an invoice, which is payable 14 days after the date of the invoice plus any return debit fees and other external costs as well as a Rosental processing fee of 5.00€.
(2) The end customer is only entitled to set-off, even if he makes a notice of defects or asserts counterclaims, if the counterclaims have been legally established, Rosental has acknowledged them or if they are undisputed. The end customer is only entitled to exercise a right of retention if his counterclaim is based on the same contract.
(3) The end customer may only assign claims arising from the business relationship with the prior written consent of Rosental.
(4) If Rosental is entitled to claim damages from the end customer instead of performance, the end customer shall pay a lump sum of 30% of the contract sum. Rosental reserves the right to assert further claims against proof. The end customer is permitted to prove that Rosental has not incurred any damage at all or not to the amount of the lump sum of 30% of the contract sum.
VI. delivery/delivery period
(1) The delivery period refers to the period between the order and the arrival of the goods at the customer.
(2) Delays in delivery and performance due to force majeure, natural catastrophes as well as industrial disputes through no fault of Rosental’s own, or other unforeseeable and through no fault of Rosental’s, through reasonable expenses not to be overcome, obstacles to performance entitle Rosental to postpone the delivery date for the duration of the disruptions to performance caused by these circumstances – at the most, however, for four weeks. Rosental and the end customer are entitled to withdraw from the contract if the aforementioned reasons lead to an extension of more than four weeks; the end customer is at liberty to exercise other statutory rights of withdrawal at an earlier point in time – for example due to the loss of the business basis or due to impossibility of performance for which Rosental is not responsible.
(3) The delivery is subject to self-delivery if Rosental has concluded a hedging transaction for the delivery and for its part is not supplied for reasons for which it is not responsible. If the delivery from the covering transaction does not take place within the delivery period, Rosental is obliged to inform the end customer immediately and is entitled to withdraw from the contract. Furthermore, Rosental is obliged to reimburse the end customer for any advance payments made. The assertion of claims for damages by the end customer due to such withdrawal is excluded.
(4) Rosental is entitled to provide partial deliveries and partial services to the end customer as far as this is reasonable for the end customer and overpayments are reimbursed directly by Rosental. Goods not delivered on the agreed delivery date in the areas of new goods, limited editions and gift sets will be delivered by Rosental to the end customer on request, as far as and as soon as these goods are available again at Rosental.
(5) If the end customer is in default of acceptance, Rosental is entitled to demand compensation from the end customer for the damage it has incurred and for any additional expenses. Upon default of acceptance, the risk of accidental deterioration and accidental loss of the delivery item shall pass to the end customer.
(6) If shipments are returned to Rosental on the basis of: not collected from a post office branch, incorrect address details or name not returned at the bell, costs (5€) will be incurred for Rosental, which will be passed on to the customers. If the shipment is to be re-delivered, a lump sum of 8€ will be due, which must be paid before the re-delivery.
VII. claims for defects/liability
(1) If the delivered goods have a defect at the time of delivery, Rosental is obliged, at the option of the end customer, to remedy the defect or to deliver a defect-free item to the end customer (subsequent performance), unless Rosental is entitled to refuse subsequent performance on the basis of the statutory provisions. The end customer shall grant Rosental a reasonable period of time for subsequent performance. During subsequent performance, the reduction of the purchase price (reduction), the assertion of claims for damages due to the defect or the rescission of the contract by the end customer are excluded. The subsequent improvement shall be deemed to have failed with the second unsuccessful attempt. If the subsequent performance has failed, the end customer may reduce the purchase price or withdraw from the contract. The end customer can only assert claims for damages under the following conditions if the supplementary performance has failed. The right of the end customer to assert further claims for damages in accordance with the following provisions shall remain unaffected.
(2) Rosental only warrants for obvious defects if the end customer notifies Rosental of these defects in text form (e.g. letter, e-mail) within a period of 14 days from receipt of the goods. The timely dispatch of the notice of defects is decisive for compliance with the deadline.
(3) If the end customer makes changes to Rosental’s products, the end customer’s claims for defects shall lapse insofar as one of these circumstances has caused the defect.
(4) Rosental shall be liable for damages – irrespective of the legal basis – in cases of intent and gross negligence.
(5) In addition, Rosental shall be liable for damages caused by simple negligent violation of such contractual obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and the compliance with which the end customer regularly trusts and may trust. In this case, however, Rosental shall only be liable if the damages are typically associated with the contract and foreseeable. Notwithstanding the following paragraph 6, Rosental shall not be liable for the simple negligent violation of obligations other than those specified in the preceding sentences.
(6) The above limitations of liability in favour of Rosental shall not apply in cases of liability according to the Product Liability Act, in case of injury to life, body or health and also not if and to the extent that Rosental fraudulently concealed defects of the object of purchase. Furthermore, the limitations of liability shall not apply if Rosental has given a guarantee as to the quality and/or durability of the goods or parts thereof within the scope of the guarantee given. However, Rosental shall only be liable for damages which are based on the breach of a given guarantee but which do not occur directly on the goods if the risk of such damage is clearly covered by the given guarantee.
(7) Insofar as Rosental’s liability is hereby excluded or limited, this shall also apply to the personal liability of its representatives, employees and vicarious agents.
VIII Retention of title
(1) Rosental reserves the right of ownership until the final and complete payment of the delivered goods (reserved goods).
(2) The end customer must immediately inform Rosental in writing of all access by third parties, in particular enforcement measures and other impairments of his (co-)ownership. The end customer shall reimburse Rosental for all damages and costs resulting from a breach of this obligation and from necessary intervention measures against access by third parties.
(3) If the end customer acts contrary to the terms of the contract – in particular default in payment – Rosental is entitled to withdraw from the contract after setting a reasonable deadline and to demand the return of the reserved goods and/or, if applicable, to demand the assignment of the end customer’s claims for return against third parties. The repossession of the reserved goods by Rosental shall constitute a rescission of the contract, as well as the seizure of the reserved goods by Rosental. After taking back the reserved goods, Rosental shall be entitled to sell them; it shall set off the proceeds of the sale against the liabilities of the end customer – less reasonable actual selling costs incurred.
(4) Any processing or transformation of the reserved goods shall always take place for Rosental as the manufacturer. If the reserved goods are processed with other objects not belonging to Rosental, Rosental shall acquire co-ownership of the new object in the ratio of the value of the reserved goods (total gross price) to the other processed objects at the time of processing. If the (co-)ownership of Rosental lapses due to combination or mixing, the contracting parties hereby agree that the (co-)ownership of the end customer in the uniform item shall be transferred to Rosental in proportion to the value of the uniform item. The end customer shall store the (co-)ownership of Rosental free of charge.
IX. Patent Infringement/Copyrights
(1) If the goods are manufactured and delivered in a design specially prescribed by the end customer, the end customer guarantees that the design does not infringe the rights of third parties, in particular patents, utility models, trademarks and other industrial property rights and copyrights. In such a case, the end customer is obliged to indemnify Rosental against all claims of third parties that may arise from such an infringement.
(2) Rosental reserves the right of ownership and copyright to cost estimates and other documents; they may only be made accessible to third parties with the prior consent of Rosental. Drawings and other documents belonging to offers shall be returned to Rosental by the end customer upon its request.
X. Applicable Law, Place of Performance, Jurisdiction and Partial Invalidity
(1) All legal relationships between Rosental and the end customer shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).
(2) Place of performance for the services of Rosental is Mannheim.
(3) The contract language is German. End customers outside the German-speaking area will receive a translation into the English language as part of the contract. In the event of discrepancies between the German and English versions of the contract, the German version shall always apply.
(4) Should one or more provisions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The same shall apply in the event of a loophole.
Rosental Organics UG (limited liability), Managing Director: Alexander Pelz
Status: August 2018
Alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for Online Dispute Resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ . We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration board.
Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for Online Dispute Resolution (OS), which you can find at https://ec.europa.eu/consumers/odr We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration board.
This agreement was written in German (https://rosental.de/agb/). To the extent any translated version of this agreement conflicts with the German version, the German version controls.