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Terms of service
General Terms and Conditions and Customer Information
1. Basic Provisions
(1) The following terms and conditions apply to contracts concluded with us, the provider (rotweiss dresden GmbH), via the website rotweiss.de. Unless otherwise agreed, the inclusion of any terms used by you is expressly rejected.
(2) A consumer, in the sense of the following regulations, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. An entrepreneur is any natural or legal person or a legal partnership acting in their independent professional or commercial capacity when concluding a legal transaction.
2. Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) The presentation of products in the online shop does not represent a legally binding offer but an invitation to view possible available goods.
(3) The contract is concluded via the online shopping cart system as follows:
Goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" at any time through the appropriate button in the navigation bar, where changes can also be made.
After calling up the "checkout" page and entering your personal information and payment and shipping conditions, the order details are displayed as a summary.
If you use an instant payment system (e.g., Klarna, PayPal / PayPal Express, Amazon Payments, Sofortüberweisung), you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If redirected to the respective instant payment system, you can make the necessary selections or enter your information there. Finally, the order details are displayed on the instant payment provider's website or once redirected back to our online shop.
Before submitting the order, you have the option to review and change the information in the order overview or cancel the order (also through the "back" function of the internet browser).
By submitting the order through the respective button ("place binding order" or similar wording), you make a legally binding offer to conclude a purchase contract.
Receipt of the order is confirmed immediately after submission via email to the email address provided by you during the ordering process. This confirmation does not yet constitute acceptance of your purchase offer.
The purchase contract is only concluded with our separate order confirmation or with the delivery of the goods. If you do not receive an order confirmation or delivery from us within 2 weeks, you are no longer bound to your order.
If you are a consumer, you can revoke your declaration to conclude the purchase contract (order) within 14 days. You can find details on this at www.rotweiss.de under the section Right of Withdrawal.
(4) Your inquiries for creating an offer are non-binding. We will provide a binding offer in text form (e.g., by email), which you can accept within 3 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partly automated via email. You must ensure that the email address you provide is correct and that the receipt of emails is technically guaranteed, especially by not blocking them with SPAM filters.
**3 Special Agreements Regarding Offered Payment Methods**
(1) **Payment via Klarna**
In cooperation with Klarna Bank AB (publ) (https://www.klarna.com/de/), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made directly to Klarna:
- **Sofortüberweisung (Immediate Transfer)**: Available in Germany. Your account will be charged immediately after placing the order.
- **Direct Debit**: The debit will occur after the goods have been shipped. The exact date will be communicated to you via email.
- **Credit Card (Visa/Mastercard)**: Available in Germany. The debit will occur after the goods have been shipped.
The use of payment methods such as invoice and/or installment purchase and/or direct debit requires a positive credit check. Therefore, we transfer your data to Klarna as part of the purchase initiation and contract processing for the purpose of address and credit verification. Please understand that we can only offer you payment methods that are permissible based on the results of the credit check.
Further information and Klarna’s terms of use can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user). General information about Klarna can be found here (https://www.klarna.com/de/). Your personal data will be handled by Klarna in accordance with applicable data protection regulations and as specified in Klarna's privacy policy (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy).
Further information about Klarna can be found here (https://www.klarna.com/de/smoooth-mehrzuklarna/). You can find the Klarna app here (https://www.klarna.com/de/klarna-app/).
4 Right of Retention, Retention of Title
(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been made.
(3) If you are a business customer, the following additional provisions apply:
a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, pledging or transferring the goods as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from such resale, up to the invoice amount, and we accept the assignment. You remain authorized to collect these claims. However, if you do not fulfill your payment obligations properly, we reserve the right to collect the claims ourselves.
c) If the reserved goods are combined or mixed with other items, we acquire joint ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We are obliged to release the securities to which we are entitled, upon your request, insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.
5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
(a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide warranty at our discretion either by rectification of defects or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a location other than the place of fulfilment, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
6 Choice of law, place of fulfilment, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of fulfilment for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. This shall not affect the right to appeal to the court at another legal place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
7 Protection of minors
(1) When selling goods that are subject to the provisions of the German Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Existing age restrictions are indicated in the respective item description.
(2) By submitting your order, you warrant by separate declaration that you have reached the minimum age required by law and that the information you have provided regarding your name and address is correct. You are obliged to ensure that only you yourself or persons authorised by you to accept the delivery who have reached the legally prescribed minimum age receive the goods.
(3) Insofar as we are obliged by law to carry out an age check, we will instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age and, in case of doubt, to have the identity card of the person receiving the goods presented for age verification.
(4) Insofar as we indicate in the respective item description that you must be over 18 years of age to purchase the goods beyond the legally prescribed minimum age, the above paragraphs 1-3 shall apply with the proviso that you must be of legal age instead of the legally prescribed minimum age.
Customer information
1. identity of the seller
rotweiss dresden GmbH
Am Eiswurmlager 24
01189 Dresden
Dresden, Germany
Phone: 03512137940
E-mail: dresden@rotweiss.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions ‘Conclusion of the contract’ of our General Terms and Conditions (Part I.).
Contract language, contract text storage
3.1 The contract language is German.
3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out using the browser's print function or saved electronically. After receipt of the order by us, the order data, the information required by law for distance selling contracts, the right of cancellation and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
Prices and terms of payment
5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless delivery free of shipping costs has been promised.
5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4 Any costs incurred for the transfer of funds (bank transfer or exchange rate fees) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
5.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
Terms of delivery
6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer. In any case, our delivery obligation is limited to our stock. The goods are delivered in customary quantities. Delivery shall only be made up to street level.
6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during dispatch only passes to you when the goods are handed over to you, regardless of whether the dispatch is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and despatch shall be at your risk.
Statutory liability for defects
Liability for defects is governed by the ‘Warranty’ provision in our General Terms and Conditions (Part I).
Data storage
As part of the contract initiation, contract conclusion and contract processing, personal data is collected and stored in compliance with applicable law. Further details can be found in the privacy policy, which is available at www.rotweiss.de.