General Terms and Conditions
of Hermann Rossberg GmbH & Co. KG
Lohberger Straße 2, -93462 Lam,Germany

§ 1 General

Hermann Rossberg GmbH & Co. KG will execute your orders on the basis of the following general terms and conditions which shall apply in the version valid at the time of your order. You can save or print the the text of these terms. We do not accept any terms that deviate from ours, unless they are confirmed by us in writing. We draw your attention to the fact that we occasionally use the names and addresses of our customers and prospective customers for advertising purposes. Of course, Hermann Rossberg GmbH & Co. KG will refrain from such a measure if a customer or prospective customer informs us that they do not consent to this use of their personal data.

§ 2 Conclusion of Contract

a) The information about goods and prices provided by us within the framework of the order process is without engagement. Your order is accepted when we notify you of the dispatch or delivery of the goods.

b) Please check the confirmation for obvious typing and calculation errors, as well as for discrepancies between order, confirmation, and delivery. You are obligated to notify us of such discrepancies without delay. If a reversal of the transaction is requested by you or us due to such discrepancies, please do not further open the goods. Otherwise, you will have to bear the resulting loss in value. Please return the goods to the address indicated on the delivery note. The costs for the return or collection of the goods will be borne by us if you were unable to recognize the discrepancies before delivery and notify us in time.

§ 3 Delivery

a) At your option, we deliver the goods to any postal address within the Federal Republic of Germany. From an order value of € 50.01 upward, the delivery is effected free of charge. For an order value up to € 25.00, we will charge delivery costs of € 6,50 inclusive of transport insurance and packing. If the goods are dispatched cash on delivery (COD), there is an additional COD charge. Unfortunately, deliveries to abroad are not possible.

b) The place of performance is our distributing warehouse. As a rule, deliveries are effected within five workdays. In special cases, the delivery time can be reasonably extended.

c) We have the right to effect partial deliveries. If you are not interested in a partial delivery, please do not further open the goods until the rest of the delivery has arrived. If the goods have been further opened by you, you will have to bear the resulting loss in value if you withdraw from the transaction. The additional delivery costs arising from partial deliveries will be borne by us.

§ 4 Payment

a) The delivered goods remain our property until they have been paid in full.

b) Payment can be effected by advance payment or cash on delivery (COD).

c) We reserve the right to exclude methods of payment.

§ Warranty and Liability

a) We grant you the special right to return the goods within 14 days of delivery, provided the goods are in the original packing. If the goods are sealed, the seal must not be opened before the return. The special right of return is excluded for goods that are no longer part of the current product range.

b) If you can provide evidence that the delivered goods are defective, we will either effect a substitute delivery or repair the defects within a reasonable period of time. If we fail to do so, you are, at your option, entitled to a cancellation of the purchase, or a reduction of the purchase price.

The warranty period is 6 months.

c) We shall be liable for damages caused by the breach of essential contractual obligations (cardinal obligations) or for the absence of guaranteed properties. Beyond that, we shall only be liable - irrespective of the legal grounds - according to the provisions of the German Product Liability Act, or if the damage has been caused by us or one of our vicarious agents by gross negligence or willful intent.

d) In case of an ordinarily negligent breach of an essential contractual obligation, our liability shall be limited to the typically foreseeable damage, which, as a rule, does not exceed the purchase price of the ordered goods. The liability for all damages caused by ordinary negligence shall be limited to damages to the ordered goods.

§ 6 Miscellaneous

a) Only the laws of the Federal Republic of Germany shall apply. The place of jurisdiction for all claims arising from your order is Cham. We are also entitled to take legal action at your general place of jurisdiction.

b) You are only entitled to set-off or reduction if your counterclaims are legally established or acknowledged by us in writing. You are only entitled to retention if the claims are based on the same contractual relationship.

§ 7 Salvatory Clause

If one or several provisions of these general terms and conditions are or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid one.

As of 1st July 2008.

HEROS is a registered trademark. Please note that the contents of our website are protected by copyright.