General Terms & Conditions/Mandatory Consumer Information
§ 1 Scope
These terms & conditions (“T&Cs”) exclusively govern the use of our website www.rosenthal.de and the conclusion of distance contracts on the sales of products presented thereon. These T&Cs include mandatory legal consumer information about your rights and our duties referring to distance contracts and e-commerce as well as provisions on the use of your personal data.
We do not accept or acknowledge any deviating or contrary terms & conditions unless we expressly agree to their applicability in writing.
§ 2 Provider/Your Contracting Partner
Online Shop provider and your contractual partner is:
Rosenthal GmbH
Philip-Rosenthal-Platz 1
D-95199 Selb
E-Mail:
Phone: 0049/40-22630736
Fax: 0049/40-22630733
represented by its Managing Director: Pierluigi Coppo
Trade Register No HRB 4617
Amtsgericht Hof
VAT Identification No. DE265984380
§ 3 Order/Minimum Order Value/Conclusion and Language of Contract
The presentations of our products in the online shop shall not be considered binding offers but an invitation to persons of legal age and capacity to order our goods.
The minimum order value is 19,00 €.
The goods presented on our product offer site can be added to your shopping cart by pressing the “Buy Now“ button.
By clicking the “Buy“ button at the end of the online order form, which you enter by pressing the “Basket&Checkout” button, you place a legally binding offer to buy the items contained in your shopping cart (your “Contractual Offer”). You may correct any misentry in your cart by clicking the dustbin-symbol or changing the amount of items you choose, using the arrow-symbol to update before you finally switch to “Buy”.
Shortly after receipt of your Contractual Offer we will send you an acknowledgement-e-mail. This acknowledgement is not an order confirmation or acceptance of your Contractual Offer yet. Acceptance of your order and completion of the sales contract will take place when your receive our separate acceptance (“Order Confirmation”) following the acknowledgement-e-mail. In case we do not accept your contractual offer we will inform you by e-mail within three days from receipt of your order.
Contracts can be concluded in German or English language.
The wording of the contract consisting of the details of your order and these T&Cs will be stored and sent to you along with the order confirmation. Our T&Cs can also be accessed in the the online shop at any time. Registered customers have access to their placed orders after log-in under “My account”.
§ 4 Use of Personal Data/Client- and Newsletter Registration
In the course of shopping in our online shop we collect several personal information from you (surname, name, date of birth, postal address and bank account or credit card data). You shall provide such personal data truthfully. We will process and use your personal data for the purposes of the completion and execution of contracts, i.e. to process your order and payment and to deliver ordered goods. Your e-mail-address will also be used to inform you about the purchase order status and – in case you have given us your active and explicit consent – also to send you a newsletter with our offers, sales promotions and prize draws on a regular basis. You may at any time withdraw your consent by using the unsubscribe link set at the end of every newsletter with effect for the future.
Subject to your further explicit consent we use all collected personal data to register you as a Rosenthal customer for potential visits or shopping in our online shop in the future, so you do not have to re-enter these data necessary for the conclusion and execution of contracts for every additional order and you can review purchases made at any time within your customer account. You may at any time withdraw this consent with effect for the future by sending us a simple message.
As far as you have not given us your specific consent we do not use your data for purposes other than for the conclusion and execution of contracts between you and Rosenthal. Only to the extent that is necessary for these purposes we also provide instructed companies, entrusted with the receipt and execution of your order, with your data. That is in detail:
Hatraco Hamburg Trading Company GmbH, Peutestraße 53, D-20539 Hamburg, providing the online shop on our behalf and processing your orders, payments, enquiries, complaints and returns; DHL Vertriebs GmbH & Co. OHG, Charles-de-Gaulle-Straße 20, D-53113 Bonn for shipping and pickup of goods; the bank/credit institution entrusted with payment in each case; PAYONE GmbH & Co. KG, Fraunhoferstraße 2-4, 24118 Kiel, for execution of a credit card payment; Payment Network AG, Fußbergstraße 1, D-82131 Gauting, for execution of an instant bank transfer (“Sofortüberweisung”) and the payment service PayPal (Europe) S.á.r.l. & Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
In these cases upon complete execution of each contract your data will be blocked for further use and deleted on expiry of the statutory periods of retention.
Our detailed privacy policy can be accessed at any time on www.rosenthal.de/datenschutzhinweise. Thereon you will also find – if applicable – the wording of your given consent in the use of your data for newsletter distribution purposes or creation and maintaining of your customer account.
§ 5 Prices/Shipping Costs/ Payment/Returning Costs
All prices shown in our online shop are inclusive of statutory value added tax (“VAT”) and other price components.
Additionally we charge shipping costs which are shown under the link ”Delivery Time and Charges“ and displayed separately in your basket.
We accept payment by direct debit in advance, by instant bank transfer (“Sofortüberweisung”), by credit card or by PayPal. We will send you an invoice indicating our International Bank Account Number (IBAN) with your order confirmation. Payment is due upon receipt of the invoice. If payment is made by instant bank transfer, credit card or PayPal, your bank account will be charged on due date.
In the event you make use of your right of withdrawal as a consumer (see § 8 of these ”T&Cs”), the following shall apply:
We will reimburse the costs for shipping the ordered goods to your chosen place of delivery (“Dispatch Costs”) if you withdraw your Contractual Offer in whole. If you have ordered several goods at the same time and if you withdraw your Contractual offer only relating to a part of these goods, you shall pay the Dispatch Costs up to the amount that would have incurred if you had only ordered the goods remaining with you. Moreover it is agreed that you have to pay the regular costs of return shipment if the delivered item conforms to contract and if the price of the item to be returned does not exceed 40 Euros or if you, in the event of a higher price, have not yet rendered full consideration up to the date of your withdrawal. Otherwise the return is free of charge.
§ 6 Reservation of Title
The goods delivered remain our property until full payment is made.
§ 7 Delivery Terms/Default
We deliver to Germany, Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, United Kingdom, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic and Hungary. Delivery times within Germany and to Austria are 3-5 working days and 10-15 to any other mentioned country, each calculated from receipt of money or respectively release of payment by your credit institution. Any deviating delivery times for single items we will indicate separately in the online shop. Disturbances in our business operations caused through no fault of ours, such as, without limitation, strike, lockout, and cases of force majeure that are due to an unforeseeable event for which we are not at fault, shall extend the delivery term accordingly. In the event that such disturbances prevent us from delivering the goods within one month from placing your order you may cancel the contract. Statutory rights of cancellation to which you are already entitled within the period of one month shall not be affected.
§ 8 Consumers’ Right of Withdrawal
If you are shopping for purposes neither assigned to your commercial nor to your self-employed occupation and if you are thus ordering as a consumer, you are entitled to a right of withdrawal according to the following withdrawal instruction:
Withdrawal Instruction
Right of Withdrawal
You may withdraw your Contractual Order without stating reasons within a 14 days period in text form (e.g. letter, fax, e-mail) or – if the item has been delivered prior to the expiration of the time limit – also by returning the item. The time limit begins upon receipt of this withdrawal instruction in text form, however not prior to the receipt of the goods by the recipient (in case of recurring deliveries of similar goods not prior to receipt of the first partial delivery), and not before fulfillment of our information obligations according to article 246 paragraph 2 in conjunction to paragraph 1 clause 1 and 2 EGBGB and our duties according to paragraph 312 g clause 1 section 1 BGB in conjunction to article 246 paragraph 3 EGBGB. To comply with the time limit the dispatch of the notice of withdrawal or the goods in good time shall be sufficient. The notice of withdrawal has to be addressed to:
Rosenthal GmbH
Rosenthal Onlineshop
c/o Hatraco Hamburg Trading Company GmbH
Peutestrasse 53
D-20539 Hamburg
E-Mail: shop@rosenthal.de
Fax: 0049/40-22630733
Consequences of Withdrawal
In the event of an effective withdrawal both parties have to return performance received as well as, if applicable, emoluments taken (e.g. interest). If you are not able to return performance received and emoluments taken (e.g. benefit of use) in full or partially or only in a deteriorated condition, you shall provide compensation for value in this respect. Your obligation to provide compensation for value due to deterioration of the item or emoluments taken shall only apply if and inasmuch as emoluments taken or deterioration are caused by using the item to an extent exceeding the examination of its features and function. “Examination of features and function” means the testing and trial of the respective good, such as it is possible and common in a retail store. Goods ready for dispatch shall be returned at our risk. You shall pay the regular costs of return shipment if the delivered item conforms to contract and if the price of the item to be returned does not exceed 40 Euros or if the customer, in the event of a higher price, has not yet rendered full consideration up to the date of his withdrawal. Otherwise the return is free of charge. Goods that cannot be returned in a parcel will be picked up on inquiry. The obligations for reimbursement of payments must be fulfilled within 30 days. For you the time limit begins upon dispatch of your notice of withdrawal or the item, for us it begins upon its receipt.
End of Withdrawal instruction
§ 9 Limitation of Liability
We kindly ask you to give us or the deliverer immediate notice of any defects upon delivery of the goods, such as, without limitation, apparent transport defects. The omission of giving us notice does not affect your statutory rights, unless the purchase is a commercial transaction and you have the requirement to make a complaint according to § 377 HGB (German Commercial Code). With your instant notification you enable us to claim our own rights against the deliverer or the transport insurance.
In the event that the goods are defective at the time of delivery, you may initially demand subsequent performance under the statutory provisions. If subsequent performance fails you are entitled at your discretion to either reduce the purchase price or withdraw from the contract and claim compensation.
We are unrestrictedly liable under the statutory provisions for any injury to life, body and health caused by a negligent or willfully breach of obligations.
Our liability for property damages and financial loss is limited to damages/losses caused grossly negligent or willfully.
If we breach a material contractual obligation or a cardinal obligation, i.e. an obligation which fulfillment is essential to the due and proper performance of the contract and of which compliance you may regularly rely, we shall be liable for property damage and financial loss even in cases of slight negligence. This also applies to compensation claims in place of performance.
As far as we have violated a material or cardinal contractual obligation slightly negligent our liability is limited to the typically foreseeable damage.
The limitation of liability pursuant to the provisions above is also applicable if we are unable to deliver by accident in the course of delay or if the customer exercises other rights, in particular, without limitation, on the grounds of tort or a claim for reimbursement of expenses in place of performance. The limitation of liability pursuant to the provisions above is not applicable if we issued a guarantee as well as if liability is mandatory according to statutory provisions, such as, without limitation, the Product Liability Act (“Produkthaftungsgesetz”). Beyond this our liability is excluded.
Our liability, limitation or exclusion of liability to the afore mentioned extent shall also apply to damages caused through breaches of our employees’, workers’, staff’s, representatives’ and auxiliary persons’ obligations.
§ 10 Governing Law/Jurisdiction
The contractual relations of the parties to this contract are governed by and construed in accordance with German Law. This choice of law does not apply to consumers inasmuch as it deprives consumer protection rights mandatory according to the law of the state in which consumers have their habitual place of residence. The UN Convention on Contracts for the International Sale of Goods is expressly excluded.
Rosenthal GmbH 2011-11-15