General Terms and Conditions

I. Scope of application

1. the law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

2. these terms and conditions apply to all – also future – purchase contracts between the company G&H GmbH Rothschenk and customers of the homepage https://covermio.de. Customers within the meaning of this provision are all account holders of the homepage https://covermio.de, insofar as they conclude a contract with the company G&H GmbH Rothschenk, Industriestraße 7 & 8-10, 97239 Aub within the scope of their account use. If the customer is a consumer within the meaning of §13 BGB, the purchase contract is treated as a consumer contract.

3. these terms and conditions shall also apply to all future legal transactions with the customer, insofar as these are legal transactions of a related nature.

4. if the customer has no 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 registered office of G&H Rothschenk, Industriestraße 8-10, 97239 Aub. However, G&H Rothschenk is also entitled to take legal action at the customer’s place of business.

II Offer, acceptance and conclusion of contract

1. the presentation of the products and services on the homepage https://covermio.de does not constitute an offer within the meaning of §§ 145 ff. BGB (German Civil Code). 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, select a means of payment and place a legally binding order for the corresponding products and/or services. To do this, the customer presses the button labeled “order with obligation to pay”.

By placing an order, the customer submits an offer to conclude a contract. Acceptance within the meaning of §§ 146 ff. BGB (German Civil Code) then takes place through notification of the dispatch of the goods by e-mail.

2 The content of the contract shall be based solely on the order confirmation in text form. If the order confirmation deviates from the intended order, the customer shall be deemed to have given his consent unless he objects immediately.

3. the customer receives the invoice in text form by e-mail when the goods are dispatched and expressly agrees to the invoice being sent by e-mail.

4 Contracts shall only be concluded on the basis of these terms and conditions, subject to deviating individual agreements. Any other terms and conditions are hereby rejected.

III Prices, payment and offsetting

1. the prices stated in the order confirmation shall apply subject to 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 are ex works plus VAT at the applicable statutory rate. Shipping costs are listed separately.

2. payment is possible by bank transfer by the customer as a prepayment.
If you use an instant payment system (e.g. PayPal, etc. …) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.

3. after expiry of a payment deadline, the customer shall be in default of payment. If the customer is in arrears with any payments to us, all existing claims shall become due immediately.

4. if the customer is in default of payment, G&H GmbH Rothschenk shall not be obliged to make any further deliveries under any contract until the invoice amounts due, including default interest, have been paid and shall be entitled, at its own discretion, to withdraw from concluded contracts or to claim damages instead of performance if the customer has not made payment within 10 days of receipt of a justified reminder.

5. offsetting against counterclaims is only permissible if these are recognized by us in writing or have been legally established. Without our prior written consent, which may not be unreasonably withheld, the customer is not entitled to assign its material claims or have them collected by third parties. G&H GmbH Rothschenk is entitled to assign all claims arising from our business relationship to third parties.

IV. Right of withdrawal

In the event that a contract is concluded with a consumer within the meaning of Section 13 of the German Civil Code (BGB), the following cancellation policy applies. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.

Cancellation policy:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal 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. To exercise your right of withdrawal, you must inform us

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

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will 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 any 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 the earlier. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Exclusion or premature expiry of the right of withdrawal

Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back to us).

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

E-mail address: shop@rothschenk.de –

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

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for notification on paper)

– Date ————————————— (*)

Delete as applicable.

V. Retention of title

1. unless the customer has paid the purchase price owed in full in advance, G&H GmbH Rothschenk retains title to all products already shipped (goods subject to retention of title) until the purchase price has been paid in full. In the case of a current account, the retention of title shall serve as security for the corresponding balance claim.

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

3. if the goods are inseparably mixed with objects not belonging to G&H GmbH Rothschenk, G&H GmbH Rothschenk shall acquire co-ownership of the new object in the ratio of the value of the goods to the other mixed objects 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%, G&H GmbH Rothschenk shall be obliged to release the securities to this extent at the customer’s request.

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

VI Delivery

1. in principle, a debt to be discharged at the creditor’s domicile within the meaning of § 447 BGB is agreed, unless otherwise expressly agreed in writing
.

2. if the customer is an entrepreneur within the meaning of § 14 BGB, the risk shall pass 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 supplying plant. Insurance shall only be taken out on the instructions of the customer, in his name and at his expense.

3. it shall be deemed equivalent to handover if the customer is in default of acceptance. If collection has been agreed, the material risk shall be transferred to the customer upon notification that the goods are ready for collection. If the goods are not collected on time, G&H GmbH Rothschenk is entitled, after setting a reasonable deadline, to dispatch or store the goods at the customer’s expense.

4 Delivery deadlines and dates are deemed to have been met if the goods have left the premises of G&H GmbH Rothschenk by the time they expire. They shall only be extended to a reasonable extent in the event of labor disputes, in particular strikes and lockouts, as well as in the event of unforeseeable obstacles that are beyond our control, insofar as such obstacles can be proven to have a significant influence on the production or delivery of the goods. This shall also apply if the circumstances occur at upstream suppliers. G&H GmbH Rothschenk shall inform the customer of such circumstances without delay.
If the execution of the contract becomes unreasonable for one of the parties due to these circumstances, it may withdraw from the contract in this respect.

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

VII Warranty

1. if the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), the customer’s warranty rights can only be exercised if he has properly fulfilled his obligations to inspect the goods and give notice of defects in accordance with § 377 HGB (German Commercial Code). Complaints are only admissible within one week of receipt of the goods. Hidden defects that cannot be found after the immediate inspection must be claimed in writing within the statutory warranty period.

2 If, despite all due care, 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 discretion, either repair the goods or deliver replacement goods, subject to timely notification of defects. G&H GmbH Rothschenk must always be given the opportunity for supplementary performance within a reasonable period of time. Recourse claims remain unaffected by the above provision without restriction.

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

4. claims for defects shall not exist in the event of only insignificant deviation from the agreed quality, only insignificant impairment of usability, natural wear and tear or damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable equipment or due to special external influences which are not provided for in the contract. If improper repair work or modifications are carried out by the customer or third parties, no claims for defects shall exist for these and the resulting consequences.

5. claims of the customer for the expenses required for the purpose of subsequent performance, in particular transport, travel, labor and material costs, are excluded if the expenses increase because the goods delivered by G&H GmbH Rothschenk have subsequently been moved to a location other than the customer’s branch office, unless the relocation corresponds to the intended use.

VIII. Liability

1. G&H GmbH Rothschenk is liable for damages on any legal grounds for damage caused by G&H GmbH Rothschenk, its legal representatives or its vicarious agents intentionally or through gross negligence, damage resulting from injury to life, limb or health, even in the event of a slight breach of duty by G&H GmbH Rothschenk, its legal representatives or its vicarious agents, damage caused by the absence of a guaranteed quality or damage which G&H GmbH Rothschenk has caused fraudulently.H GmbH Rothschenk, its legal representatives or its vicarious agents, damages caused by the absence of a guaranteed quality or defects which G&H GmbH Rothschenk has fraudulently concealed.

2 In dealings between entrepreneurs, G&H GmbH Rothschenk shall be liable in the event of a breach of material contractual obligations, insofar as its liability is not already justified in accordance with the above, limited to the amount of damage typical for the contract and foreseeable at the time of conclusion of the contract.

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

a. liability for damages resulting from injury to life, limb or health that are 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 that are 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. Data protection

1. the company G&H GmbH Rothschenk, processes and stores only 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 organizational purposes.

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

Detailed information on the subject of data protection can be found in our privacy policy.

X. Final provisions

1. assurances, collateral agreements, amendments and supplements to the contract must be made in writing, whereby the formal requirement can only be waived by express written declaration for the individual case.

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

3. should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a provision that comes closest to the intended result and which the parties would have agreed if they had been aware of the invalidity of the provision in question.

Version 1.1, status: 31.03.2022