Terms and Conditions

  • §1

    Scope

    These Terms and Conditions apply to all orders submitted or to be submitted by you for any item or service offered to you by Rosengarn via phone or written form. Terms and conditions expressed by the client violating our terms and conditions do not apply and we do not have to explicitely disagree to those. Supplement orders related to the original order are scoped by these terms and conditions as soon as submitted to and confirmed by us.

  • §2

    Matter of contract

    Conditions precedent to the contract, especially offers, descriptions or calculations are – except agreed in written form – nonbinding. All offers are nonbinding. Our internet presence as well as our catalogue of proucts is subject to change. Rosengarn reserves the right to change, complete or delete all publications or to stop the service at any time.

  • §3

    Copyright

    The content and works published on this website are governed by the copyright laws of Germany. Any duplication, processing, distribution or any form of utilisation beyond the scope of copyright law shall require the prior written consent of the author or authors in question.

  • §4

    Offer and conclusion

    Any order submitted is subject to acceptance by Rosengarn. Only upon acceptance by Rosengarn by way of an order confirmation the agreement is concluded. Rosengarn allows you to cancel a purchase agreement for any reason within a period of 3 days. The cancellation has to be in written form. The period starts with our order confirmation. The right for cancellation expires whenever You explicitely triggered us to start with production.

  • §5

    Prices

    Prices indicated or placed on the formal offer Your receive are stated in Euro including VAT. You are responsible for any local sales taxes, other taxes and government levies, if any, associated with the order. Prices are subject to change at any time. Customized agreements must be in written form. Obvious errors are reserved.

  • §6

    Delivery, force majeur and risk of loss

    Rosengarn will endeavour to deliver the Product within 6-8 weeks of order acceptance, except explicitely commited by Rosengarn in written form. This period starts as soon as our order confirmation arrives at the client.

    Force majeure means circumstances that impede the fulfilment of Rosengarn obligations under these Terms and Conditions which are not within Rosengarn reasonable control, including late and/or delayed deliveries and incomplete deliveries by Rosengarn caused by circumstances beyond Rosengarn reasonable control. In a force majeure situation all of Rosengarn obligations shall be suspended. Should the period in which Rosengarn cannot fulfil its obligations as a result of force majeure continue for longer than 30 calendar days, both parties shall be entitled to dissolve the purchase agreement in writing without there being an obligation to pay any compensation whatsoever arising out of or in connection with that dissolution.

    Products will be delivered to your delivery address or possession. The risk of loss or damage to the products will pass to you at the moment the products are delivered to you. If you refuse or neglect to take delivery of the products, Rosengarn reserves the right to charge you for the reasonable cost of storing the products until delivery can be made. If delivery to you should fail for any reason outside of Rosengarn control, Rosengarn reserves the right to cancel the agreement and refund any monies paid.

  • §7

    Reservation of proprietary rights

    If for any reason and as confirmed by Rosengarn in written form a delivery is not done by prepayment, the proprietary rights on the delivered products will devolve to the client not until complete payment has been credited to Rosengarn. Until this time the client is not eglibe to endue with the delivered product. The client has to inform Rosengarn if any third party asserts any kind of claim on the delivered product.

  • §8

    Return policy

    Due to the fact Rosengarn creates customized products there is no right of return. Rosengarn allows you to cancel a purchase agreement only if the product does not fulfil the ordered conditions and providing that it has not yet been used at any time during the 10 days following the date of delivery to your delivery address, and will refund the purchase price actually paid. If you choose to return the product, you must contact Rosengarn during the 10 days following delivery in written form. Please return the product in its original packaging, free of all interests, liens, or claims otherwise, to the following address:

    Rosengarn
    Karin Plum
    Feigengasse 13
    D-52511 Geilenkirchen-Prummern
    Germany

    Rosengarn refunds the originally paid price as well as the costs associated for shipping or postage. The client has to inform Rosengarn regarding the bank account the money has to be transferred to. Rosengarn reserves the right to write down the refund in any case of damages or deteriorations which are not within Rosengarn reasonable control.

  • §9

    Warranty

    According to §437 BGB (german law) any client has the right for remediation in case of a defect. Further rights like reduction of the payment or cancellation of the contract are only available in case of two unsuccessful attempts of remediation by Rosengarn. Any other clients claims are excluded.

    Rosengarn is not liable for claims that are not related to the delivered product. In particular, we are not liable for lost profits or other financial damages to the client. Claims due to intent or gross negligence are excluded. The fulfillment of asserted warranty claims can be made dependent on that the client returns the defect products in order to allow Rosengarn a review of the complaint. If a defect can not be determined or where it appears that the defect was self-inflicted by the client, warranty claims are excluded. The products are then sent back to the client at his own expense in the defective condition.

    Obvious damages are to be submitted by the client immediately upon receipt of the products by the transport provider. The client is also obliged to check the products received and promptly, but no later than 48 hours of receipt of the products, notify us of any obvious defects in written form.

  • §10

    Payment

    Due to indivual customized products a partial payment of 50% of the sales prices is mandatory. The remaining amount ist to be paid at time of completion. Delivery of products starts as soon as the whole payment has been credited to our bank account.

  • §11

    Place of fulfillment

    Place of fulfillment for all services resulting out of the contract, including any entitlement of warranty is Geilenkirchen, Germany.

  • §12

    Miscellaneous

    These Terms and Conditions and any disputes related to these Terms and Conditions or to the purchase and use of the products or otherwise are subject to german law. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to these Terms and Conditions. All disputes arising out of these Terms and Conditions shall be settled by the courts of the place where you have legal domicile or are in residence, which will have exclusive jurisdiction in respect of any such disputes. In cases of clients being an enterprise organization according to §14 BGB (german law) jurisdiction for all kind of disputes regarding the contract is Geilenkirchen, Germany.

    The german version of these terms and conditions is the prevailing one for your purchase – see http://www.rosengarn.de/impressum.

    If any of the foregoing provisions of these Terms and Conditions be or become invalid, the remaining provisions shall remain in effect.

    Due to the fact Rosengarn creates customized products Rosengarn is not responsible for possibly occurring health problems.