General Terms and Conditions (GTC)

§1 General Provisions

The business relationships between us and our customers are governed exclusively by the following General Terms and Conditions (GTC) in their currently valid version.

The products and services described on our websites do not constitute a legally binding offer, but only a non-binding overview of our product range. Any visitor to our website who clicks the "order with obligation to pay" or "Buy" button places a binding order for the goods or services in the shopping cart. Immediately after clicking this button, the order is saved in our database, and the receipt of the order is confirmed to the customer.

The purchase contract is concluded as soon as we send a separate order confirmation to the customer or deliver the goods.

The customer also receives these GTCs from us via email, as a link, or as an attachment.

If Rotfuß GmbH determines after the conclusion of the contract that the ordered goods are no longer available, Rotfuß GmbH may withdraw from the contract. In such a case, the customer will be notified immediately. Any consideration already provided by the customer will be refunded without delay. Further claims by the customer against Rotfuß GmbH are excluded.

The contract language between us and the customer is German. The prices valid on the day of the order apply. All prices include German value-added tax (VAT), plus packaging and shipping costs.

§2 Delivery

If the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), delivery is at the customer's risk, even in the case of partial deliveries. If the customer is a consumer within the meaning of § 13 BGB, the risk of accidental loss and accidental deterioration of the sold goods only passes to the customer upon handover of the goods. Default of acceptance by the buyer is equivalent to a handover. Delivery is always made to the delivery address specified by the customer.

Delivery can be expedited by sending the transfer confirmation (via fax or email).

The shipping costs within Germany and to other countries can be found on our websites and are additionally shown in the order overview. For deliveries to countries outside the European Union, additional customs duties and fees apply to the customer.

Our information regarding delivery times refers to the time after full payment of the purchase price, i.e., upon receipt of the purchase price in our accounts. The stated delivery times are only binding if they have been explicitly promised or confirmed in writing by us.

The customer (or their representative) is obliged to inspect the goods for transport damage immediately upon receipt. If the goods show transport damage, the customer must report this damage to the delivery person and obtain a written confirmation of the damage.

§3 Cancellation Policy

Notice and Information on the Right of Withdrawal for Consumers pursuant to § 13 BGB

Right of Withdrawal

Provided the customer is a consumer pursuant to § 13 BGB, they can revoke their contract declaration within 31 days without stating reasons in text form (e.g., by letter, fax, or email) or - if the goods are handed over to them before the deadline - by returning the goods. The period begins upon receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and not before fulfillment of our information obligations pursuant to Art. 246, § 2 EGBGB in conjunction with § 1, para. 1 and 2 EGBGB as well as § 312g, para. 1, sentence 1 BGB in conjunction with Art. 246, § 3 EGBGB.

The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation is to be addressed to:

Rotfuß GmbH
Valentin Rotfuß
Lessingstraße 7
74834 Elztal
Germany
Fax: +49-(0)6293-7950806
Email: (info) (at-sign) (klimmzugstangen.de) or (info) (at-sign) (deinschlosser.de).

Consequences of Withdrawal

In the event of an effective withdrawal, the services received by both parties are to be returned and any benefits derived (e.g., interest) surrendered. Rotfuß GmbH bears the costs for sending the goods to the customer, i.e., the shipping costs shown in the customer's order. In the case of a partial withdrawal, Rotfuß GmbH only bears the corresponding portion of these shipping costs.

If the customer cannot return the received service in whole or in part, or only in a deteriorated condition, they must compensate us for the loss in value, if applicable. The customer only has to pay compensation for the deterioration of the goods if the deterioration is due to handling the goods in a way that goes beyond examining their properties and functionality - such as would have been possible for the customer in a retail store. Furthermore, the customer can avoid the obligation to pay compensation for deterioration caused by the intended use of the item by not using the goods as if they were their property and refraining from anything that negatively affects their value.

The customer must bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods. The return shipping documents (e.g., a postage stamp from the postal company) can be provided upon request for a fee. Goods that cannot be shipped by parcel will be picked up from the customer. Goods that can be shipped by parcel are to be returned at the customer's risk.

Obligations to refund payments must be fulfilled within 30 days. The period begins for the customer upon dispatch of their declaration of withdrawal or the goods, and for us upon their receipt. Freight forward return shipments will only be accepted by us if we have given our prior consent.

The right of withdrawal does not apply in the following cases:

For the delivery of goods that are custom-made according to customer specifications or are clearly tailored to the personal needs of the customer. The same applies to goods that, due to their nature, are not suitable for return, can spoil quickly, or whose expiration date has passed.

End of the withdrawal policy.

§4 Guarantee, Warranty, and Damages

The guarantee period is 20 years for pull-up bars. For used goods, the guarantee period is 12 months. For all other products, it is governed by statutory provisions unless otherwise stated in the product description. The guarantee period begins with the transfer of risk. The guarantee period is not extended in the event of a warranty claim.

We expressly assume no guarantee or warranty for improper use. We also assume no liability for the mounting (e.g., between the product and the wall or ceiling) of the goods.

Defects or damage resulting from culpable or improper handling, improper installation, the use of unsuitable accessories, or modifications to the original parts by the customer or a third party not authorized by Rotfuß GmbH are excluded from the warranty.

Wear and tear based on regular use is excluded from the warranty.

For damages other than those resulting from injury to life, body, and health, Rotfuß GmbH is only liable insofar as these are based on intentional or grossly negligent acts or on culpable breach of a material contractual obligation by Rotfuß GmbH or its service providers (e.g., the commissioned delivery service). Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected.

If a material contractual obligation is breached negligently, the liability of Rotfuß GmbH is limited to the foreseeable damage.

Excluded from the guarantee are:

• All product defects attributable to non-compliance with operating instructions, improper use, unusual environmental conditions, inappropriate operating conditions, overloading, or lack of maintenance or care.

• All products on which modifications or additions have been made.

• All minor deviations from the target condition that are irrelevant to the value and suitability of the product for use.

§5 Due Date and Payment Terms

Unless otherwise agreed in writing, invoices from Rotfuß GmbH are payable immediately and without deduction. Unless otherwise agreed, invoices from Rotfuß GmbH are sent to the customer in electronic form.

Payment is made in cash upon delivery via cash on delivery (COD). For payment in advance, the customer receives the goods with free shipping. In the case of credit card payments, the charge is made when the invoice is created and the goods are dispatched.

Rotfuß GmbH reserves the right to refuse checks and other non-cash means of payment. The acceptance of non-cash payment methods is always only on account of performance.

All payments in foreign currencies are credited according to the bank statement. Any bank charges are to be borne by the customer.

If the customer is in default with the payment of the purchase price, the entire purchase price shall accrue interest during the default period at 5 percentage points above the respective base interest rate. If Rotfuß GmbH has demonstrably incurred higher damages caused by default, Rotfuß GmbH is entitled to claim these.

§6 Retention of Title

The delivered goods remain the property of Rotfuß GmbH until full payment has been made.

The customer is not entitled to sell the goods to third parties until the purchase price has been paid in full. Should the customer nevertheless violate this, they assign all claims against the acquirer to Rotfuß GmbH. Rotfuß GmbH accepts this assignment.

§7 Data Protection

This website generates and stores log files on our server, uses cookies, Google Analytics, Google Tag Manager, Google Fonts, Google reCAPTCHA, Google AI Studio, Font Awesome, Paypal, Stripe, Freshdesk, the OpenAI Platform from OpenAI, and Hotjar, and forwards data to DHL and GLS.

By using this website, you agree that this website sets cookies on your browser, stores and evaluates your use of this website to improve the products and services offered here, and transmits this data to our service providers (specifically Google Analytics, Google Tag Manager, Google reCAPTCHA, Google AI Studio, Paypal, Stripe, Freshdesk, OpenAI, Hotjar, DHL, and GLS). Furthermore, you agree that your email inquiries will be processed via the Freshdesk service. With Google Analytics, your use of this website is aggregated into general statistics and evaluated. Via Google Tag Manager, predefined actions are triggered, saved, and made available to other systems we use (e.g., Google Analytics) as soon as you visit selected target addresses on this website. Google reCAPTCHA is used to determine whether you are a natural person or a bot that mechanically and automatically interacts with this website, based on your browsing behavior and the information that you or your browser send to us. Based on this, decisions regarding your use of this website are made automatically. We use Google AI Studio and the associated Google services for the manual and automated processing and answering of your inquiries, as well as for providing requested information. For this purpose, a part of your inquiry (often without your personal data such as name or email address) is transmitted to Google to generate an individual response for you. We use Paypal and Stripe to receive payments from you or to send payments to you. Hotjar is used to record your behavior on our site; this includes, for example, recording the IP address of your device (which is captured and stored only in an anonymized form during your use), screen size, device type (Unique Device Identifiers), information about the browser used, location (country only), or the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. We use the OpenAI Platform and the associated OpenAI services for the manual and automated processing and answering of your inquiries, as well as for providing requested information. For this purpose, a part of your inquiry (often without your personal data such as name or email address) is transmitted to OpenAI to generate an individual response for you. We forward to DHL and GLS all of your data that is necessary for processing the shipment to you. Google Analytics, Google Tag Manager, and Google reCAPTCHA are services provided by Google. You can find further information about these Google services and the corresponding privacy policy here. You can find PayPal's privacy policy here, and Stripe's privacy policy here. The corresponding statement from Freshdesk can be found here. Hotjar's privacy policy is available here. Font Awesome's statement can be found here, and OpenAI's privacy policy is available here. The privacy policy of DHL is available here, and that of GLS can be found here.

If you do not agree to this, do not use this website and do not send us any emails. Instead, please submit your order to us via fax, telephone, or letter. Please note: We offer some products and services only online and in cooperation with third parties, which means that for selected products and services, we depend on you providing your data via this website and other services.

By using this website, you also agree that Rotfuß GmbH processes, stores, and evaluates the customer data received in connection with the business relationship with you in accordance with the Federal Data Protection Act.

Your personal data is used to process your inquiries, orders, the provision of services and information, potential follow-up questions, and possible complaint processing.

Rotfuß GmbH does not pass on personal customer data to third parties. Exceptions to this are the service providers mentioned above and other service partners who require the transmission of data for service provision, order processing, or payment processing. In these cases, however, the scope of the transmitted data is limited to the necessary minimum.

You have the right to request information about, correct, block, and delete your data stored by Rotfuß GmbH at any time.

§8 Intellectual Property Rights

We reserve the commercial property rights and copyrights to all products, images, and other documents supplied by us. Any imitation by third parties requires our special permission.

If the customer provides us with their own photos, drawings, or other material in image, sound, or text format, they grant Rotfuß GmbH a free, non-exclusive, and temporally unlimited right of use and exploitation of this copyrightable material. The transferred rights of use and exploitation also include the right to transfer them in whole or in part to third parties.

§9 Jurisdiction

German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

By placing an order, these GTC are accepted. We hereby object to the GTC of commercial customers. For any negotiations with commercial customers, Mosbach (Baden) shall be the place of jurisdiction.

§10 Final Provisions

We reserve the right to change our GTC at any time and without stating reasons.

Such changes do not apply to orders already placed. Should any provision of these GTC be invalid, the remaining provisions shall remain unaffected.