General Terms and Conditions
These conditions apply for sale, delivery and payment. Any deviations and other agreements require a written confirmation.
Proposals are non-binding and subject to change for subsequent deliveries. Orders and contracts are only binding with a written acceptance of the order (order confirmation).
Prices valid on the day of delivery are considered as agreed. The prices are ex works if not confirmed otherwise. A withdrawal of the packaging does not occur. All prices are listed net of statutory VAT.
Delivery times can be confirmed upon request and apply for standard fulfillment. If changes are made after the order has been placed, the delivery times will be delayed for as long as needed to accommodate the changes. No claims for damages may be brought on the grounds of delayed delivery. Industry standard additional or reduced deliveries of up to 10% may apply.
All payments shall be made in EURO (€) solely to RoSa-Werbeartikel. 10 days – 2% discount, 20 days strictly net. Shipments abroad are against payment in advance or cash on delivery. In case of new customers, we reserve the right to deliver against prepayment as well. If payment is delayed we will charge late interest at the conventional bank rate.
5. Reservation of Proprietary Rights
The delivered goods remain property of RoSa-Werbeartikel until full payment of the purchase price and the fulfillment of all claims of the business relationship. In case of a resale of the goods, the buyer assigns his claims and ancillary rights against the third party purchaser at RoSa-Werbeartikel. These claims come to secure the purchase price to the point of ownership. It is the simple, extended and advanced retention of title.
6. Notice of Defects
We must be notified in writing of any defects within 10 days of the buyer receiving the merchandise. If the rejection of the merchandise is justified, we will give warranty by either rectifying the rejected parts free of charge or by delivering flawless merchandise. We will only issue credits if we cannot deliver a replacement. No rejected merchandise may be returned to us without our prior consent. All other claims to cancel the sale, reduce the purchase price or claim damages are hereby excluded, notwithstanding the legal grounds from which such claims are derived.
7. Advertising Print
Orders with advertising printing require accurate information in typescript. RoSa-Werbeartikel is not liable in case of wrong deliveries due to unclear information. The original sketches of customer are decisive. The client shall ensure that third parties’ rights of writings, drawings or trademark are not infringed. The purchaser is solely responsible for any violations of such rights. If no precise information on the placement has been given or in case the prescribed placement can’t be met for technical reasons, the advertising print will be placed suitably with regards to the product and a satisfactory result by RoSa-Werbeartikel.
8. Variations in Shape and Color
We reserve the right to deliver products with minor modifications or color deviations due to production-related reasons with regards to specification of color requirements according to standard colors (eg Pantone) and in case of a remake of already produced series and parts.
9. Place of Performance and Jurisdiction
The exclusive place of performance for deliveries and payments for both parties is Schriesheim. The courts of Schriesheim have sole jurisdiction for both parties. These Terms and Conditions are subject to German law.