Terms of Service

G&H Ltd. Rothschenk load securement systems

I. Scope

1. The law of the Federal Republic of Germany applies. The application of the UN sales law is excluded.

2. Diese Geschäftsbedingungen gelten für alle – auch zukünftigen – Kaufverträge zwischen der Firma G&H GmbH Rothschenk und Kunden der Homepage Kunden im Sinne dieser Vorschrift sind alle Accountinhaber der Homepage, sofern sie im Rahmen ihrer Accountnutzung einen Vertrag mit der der Firma G&H GmbH Rothschenk, Industriestraße 7 & 8-10, 97239 Aub schließen. Handelt es sich beim Kunden um einen Verbraucher i. S. d. §13 BGB, so wird der Kaufvertrag als Verbrauchervertrag behandelt.

3. These conditions also apply to all future legal transactions with the customer, insofar as legal transactions of a related nature are involved.

4. If the customer does not have a general place of jurisdiction within the European Union or is an entrepreneur within the meaning of § 14 BGB, the place of jurisdiction for all claims arising from the contractual relationship is the place of business of G&H Rothschenk, Industriestraße 8-10, 97239 Aub. However, G&H Rothschenk is also entitled to bring an action at the customer's registered office.

II. Offer, acceptance and conclusion of contract

1. The presentation of the products and services on the homepage does not constitute an offer within the meaning of §§ 145 ff. BGB. The products and services are ordered by placing them in the shopping cart. Once the customer has made his selection, he only has to enter his customer data, choose a means of payment and order the corresponding products and/or services in a legally binding manner. To do this, the customer presses the button labeled "Order with obligation to pay".

By placing an order, the customer submits an offer aimed at concluding the contract. Acceptance within the meaning of §§ 146 ff. BGB then takes place through the notification of the dispatch of the goods by e-mail.

2. The content of the contract is based solely on the order confirmation in text form. If the order confirmation deviates from the desired order, the customer's consent shall be deemed given if he does not object immediately.

3. When the goods are dispatched, the customer receives the invoice in text form by e-mail and expressly consents to the sending of the invoice by e-mail.

4. Subject to deviating individual agreements, contracts are only concluded on the basis of these conditions. Different terms and conditions are hereby contradicted.

III. Prices, Payment and Set-Off

1. The prices stated in the order confirmation apply with the proviso that the offer data on which the order confirmation is based remain unchanged, but no longer than four weeks after receipt of the order confirmation by the customer. Unless otherwise agreed in writing, our prices apply ex works plus VAT at the applicable statutory rate. The shipping costs are listed separately.

2. Die Zahlung ist durch eine Überweisung des Kunden als Vorkassenzahlung möglich.
Soweit Sie als Zahlungsart ein Sofortzahl-System (z.B. PayPal, giropay, …) nutzen, werden Sie entweder auf die Bestellübersichtsseite in unserem Online-Shop geführt oder auf die Internetseite des Anbieters des Sofortzahl-Systems weitergeleitet.
Erfolgt eine Weiterleitung zu dem jeweiligen Sofortzahl-System, nehmen Sie dort die entsprechende Auswahl bzw. Eingabe Ihrer Daten vor. Abschließend werden Ihnen auf der Internetseite des Anbieters des Sofortzahl-Systems oder nachdem Sie zurück in unseren Online-Shop geleitet wurden, die Bestelldaten als Bestellübersicht angezeigt.

3. After a payment period has expired, the customer is in default of payment. If the customer is in arrears with any payments to us, all existing claims become due immediately.

4. If the customer is in arrears with the payment, the company G&H GmbH Rothschenk is not obliged to make any further delivery from any contract until the due invoice amounts including default interest have been settled and at its own discretion to withdraw from concluded contracts or to assert claims for damages instead of the Service entitled if the customer has not made payment within 10 days after receipt of a justified reminder.

5. Offsetting against counterclaims is only permitted if these have been recognized by us in writing or have been legally established. The customer is not entitled to assign his property claims or have them collected by third parties without our prior written consent, which may not be unreasonably withheld. G&H GmbH Rothschenk is entitled to assign all claims arising from our business relationship to third parties.

IV. Right of revocation

In the event that a contract is concluded with a consumer within the meaning of § 13 BGB, the following cancellation policy applies. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

Right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. 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 statement (e.g. a letter sent by post, fax or e-mail).

G & H GmbH Rothschenk, Industriestraße 7 & 8-10, D-97239 Aub
Tel: 09335 – 971579
Fax: 09335 -971515

You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have to repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion or early expiration of the right of withdrawal

Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.)

G & H GmbH Rothschenk,
Industriestraße 7 & 8-10,
D-97239 Aub

E-Mail-Adresse: –

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)

– Ordered on (*)/received on (*)

– Name of consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if notification is made on paper)

- Date ------------- (*)

Cross out what is not applicable.

V. Retention of title

1. If the customer has not paid the purchase price owed in full in advance, G&H GmbH Rothschenk reserves ownership of all products already shipped (reserved goods) until the purchase price has been paid in full. In the case of a current account, the retention of title applies as security for the corresponding balance claim.

2. The customer undertakes to treat the goods with care as long as ownership has not passed to him.

3. If the goods are inseparably mixed with items that do not belong, G&H GmbH Rothschenk shall acquire co-ownership of the new item in the ratio of the value of the goods to the other mixed items at the time of mixing.

4. If the value of the securities existing for us exceeds the claims against the customer by more than 20%, the company G&H GmbH Rothschenk is obliged to release the securities at the customer's request.

5. If the customer seriously violates the obligations mentioned in Section IV No.1-4, the company G&H GmbH Rothschenk is entitled to withdraw from the contract.

VI. Delivery

1. In principle, an obligation to send within the meaning of § 447 BGB is agreed, unless an obligation to collect is expressly agreed in writing

2. If the customer is an entrepreneur within the meaning of § 14 BGB, the risk passes to the customer when the goods are handed over to a forwarding agent or carrier, but at the latest when they leave the warehouse or - in the case of drop shipments - the delivery works. Insurance will only be taken out on the customer's instructions, in his name and at his expense.

3. The handover is the same if the customer is in default with the acceptance. If collection has been agreed, the material risk is transferred to the customer when the goods are made available. If collection does not take place on time, G&H GmbH Rothschenk is entitled, after setting a reasonable deadline, to ship or store the goods at the customer's expense.

4. Delivery times and dates are met if the goods have left the premises of G&H GmbH Rothschenk by the time they expire. They are only extended to a reasonable extent in the event of measures in the context of labor disputes, in particular strikes and lockouts, as well as the occurrence of unforeseeable obstacles that are beyond our control, insofar as such obstacles can be proven to have a significant influence on the manufacture or delivery of the goods. This also applies if the circumstances occur at sub-suppliers. G&H GmbH Rothschenk will inform the customer of such circumstances immediately.
If the execution of the contract becomes unreasonable for one of the parties due to these circumstances, they can withdraw from the contract in this respect.

5. G&H GmbH Rothschenk is entitled to partial deliveries to a reasonable extent

VII. Warranty

1. If the customer is an entrepreneur within the meaning of § 14 BGB, the assertion of warranty rights of the customer presupposes that he has properly fulfilled his obligations to examine and give notice of defects according to § 377 HGB. Complaints are only permissible within one week of receipt of the goods. Hidden defects that cannot be found after the immediate inspection must be asserted in writing within the statutory warranty period.

2. If, despite all the care taken, the delivered goods have a defect that was already present at the time of the transfer of risk, G&H GmbH Rothschenk will, at the customer's option, either repair the goods or deliver replacement goods, subject to timely notification of defects. G&H GmbH Rothschenk must always be given the opportunity to remedy the defect within a reasonable period of time. Claims for recourse remain unaffected by the above regulation without restriction.

3. If the supplementary performance fails, the customer can - without prejudice to any claims for damages - withdraw from the contract or reduce the purchase price by a reasonable amount.

4. Claims for defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable equipment or due to special external influences arise which are not required under the contract. If the customer or third parties carry out improper repair work or changes, there are also no claims for defects for these and the resulting consequences.

5. Claims by the customer for the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded if the expenses increase because the goods subsequently delivered by G&H GmbH Rothschenk to a different location than the branch of the customer, unless the transfer corresponds to the intended use.

VIII. Liability

1. The company G&H GmbH Rothschenk is liable for damages for any legal reason for damage caused intentionally or through gross negligence by the company G&H GmbH Rothschenk, its legal representatives or its vicarious agents, including damage from injury to life, limb or health in the event of a slight breach of duty by G&H GmbH Rothschenk, its legal representatives or vicarious agents, damage caused by the lack of a guaranteed quality or errors that G&H GmbH Rothschenk has fraudulently concealed.

2. In transactions between entrepreneurs, the company G&H GmbH Rothschenk is liable in the event of a breach of essential contractual obligations, unless their liability is already justified according to the above, limited to the amount of the damage that is typical for the contract and foreseeable at the time the contract was concluded.

3. Any further liability for damages, in particular liability without fault, is excluded. This does not apply to consumer contracts:

a. liability for damage resulting from injury to life, limb or health that is based on a negligent breach of duty by G&H GmbH Rothschenk or an intentional or negligent breach of duty by a legal representative or vicarious agent of the same

b. liability for other damages based on a grossly negligent breach of duty by G&H GmbH Rothschenk or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the same.

4. Liability under the Product Liability Act remains unaffected.

IX. Privacy policy

1. G&H GmbH Rothschenk only processes and stores the data necessary for the business relationship. The use of personal data within the meaning of the GDPR is limited to what is necessary for business and organisation.

2. G&H GmbH Rothschenk refers to its data protection declaration, which it expressly makes the basis of every business relationship.

Ausführliche Informationen zum Thema Datenschutz entnehmen Sie unserer Privacy Statement.


X. Final Provisions

1. Assurances, ancillary agreements, amendments and additions to the contract must be in writing, whereby the requirement of form can only be waived by means of an express written declaration for individual cases.

2. The customer is aware that the personal data provided by him when registering or during the business relationship is processed, in particular stored. Upon request, this data will be sent to the customer by e-mail together with these General Terms and Conditions. The company G&H GmbH Rothschenk is released from further information obligations.

3. Should individual provisions of these conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The contracting parties undertake to replace the ineffective obligations with a regulation that comes as close as possible to the intended result and which the parties would have agreed had they known of the ineffectiveness of the relevant provision.

Version 1.1, status: 31.03.2022