Terms of service

Convenience translation. Only the German version of these terms and conditions is legally binding.

1. Scope

(1) These General Terms and Conditions (GTC) apply to all offers, deliveries and services of Rolux Leuchten GmbH ("Seller") to entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law ("Buyer"). We do not supply consumers within the meaning of § 13 BGB.

(2) Our GTC apply exclusively. Deviating, conflicting or supplementary terms of the Buyer, in particular its purchasing conditions, shall not become part of the contract even if we are aware of them, unless we have expressly agreed to their validity in text form. This also applies if we deliver without reservation in the knowledge of conflicting terms.

(3) These GTC also apply to all future transactions with the Buyer without our having to refer to them again. Individual agreements take precedence.

(4) These GTC do not apply to sales to consumers as part of our warehouse sale (remaining stock and discontinued items on site); in this respect the statutory provisions apply.

2. Offer and conclusion of contract

(1) Our offers, catalogues, price lists and online presentations are subject to change and non-binding. Orders placed by the Buyer are offers to conclude a contract.

(2) A contract is only concluded by our order confirmation in text form (§ 126b BGB) or by execution of the delivery. Our order confirmation is decisive for the content of the contract.

(3) Information in catalogues, data sheets and illustrations (dimensions, weights, light colours, luminous flux, rated lifetime) are descriptions and not guarantees of quality, unless we expressly declare a guarantee. Customary deviations and technical changes that are reasonable for the Buyer remain reserved.

3. Prices

(1) All prices are net prices in euros or US dollars, depending on the order confirmation, ex warehouse, excluding packaging, freight, insurance and customs, plus statutory VAT.

(2) The prices at the time of the order confirmation are decisive. Price changes during the validity of catalogues and price lists remain reserved for future orders.

4. Delivery, shipping and transfer of risk

(1) The minimum order value is 250 euros net. For orders below this value we charge a one-off handling fee of 5.00 euros.

(2) For orders up to 1,500 euros net, delivery is carriage forward, i.e. the Buyer bears the shipping costs. From a net order value of 1,500 euros we deliver free domicile within Germany, excluding special shipments (e.g. express freight, air freight, express parcels), which are charged separately. For deliveries abroad, freight, customs and delivery terms are agreed separately.

(3) Delivery dates and periods are only binding if we have expressly confirmed them as binding in text form. We are entitled to make reasonable partial deliveries.

(4) If the Seller is in default with a delivery, the Buyer may withdraw from the contract after a reasonable grace period set by it has expired without result. Further claims are governed by section 9.

(5) We are not liable for delays in delivery due to force majeure or other events for which we are not responsible (e.g. operational disruptions, transport disruptions, official measures). In the event of incorrect or late delivery by our suppliers for which we are not responsible, we are entitled to withdraw from the contract. We will inform the Buyer immediately of the non-availability and refund any payments already made without delay.

(6) Risk passes to the Buyer upon handover of the goods to the forwarding agent, carrier or other person responsible for transport, or in the case of collection upon provision of the goods.

5. Payment

(1) Invoices are payable within 14 days of the invoice date less 2% discount or within 30 days of the invoice date net without deduction. The date of receipt of payment is decisive. For new customers we may require payment in advance.

(2) The Buyer is in default without further reminder upon expiry of the payment period. We charge default interest of nine percentage points above the respective base interest rate (§ 288 (2) BGB) and the default lump sum of 40 euros (§ 288 (5) BGB). We reserve the right to claim further damages.

(3) The Buyer is only entitled to rights of set-off and retention in respect of undisputed or legally established claims. A right of retention also requires that it is based on the same contractual relationship.

(4) We issue invoices electronically. Where required by law, this is done in the structured format according to EN 16931 (e.g. XRechnung or ZUGFeRD). The Buyer ensures that it can receive electronic invoices (§ 14 UStG).

(5) In the event of a significant deterioration in the Buyer's financial circumstances, we are entitled to demand advance payment or security and to withhold outstanding deliveries.

6. Return of goods

We only take back defect-free goods with prior consent in text form and only if they are unused, in their original packaging and complete, in which case we charge a reasonable contribution towards the cost of processing the returns. Returns must be made carriage paid and in perfect condition. Custom-made products, special orders and goods procured at the customer's request are excluded from return. Order changes and cancellations must be made in text form. The Buyer's statutory rights in the event of defects remain unaffected.

7. Obligation to inspect and give notice of defects

(1) The Buyer must inspect the goods immediately after delivery. Obvious defects, incorrect or short deliveries must be reported to us in text form within five working days of receipt of the goods; hidden defects immediately after discovery (§ 377 HGB).

(2) Transport damage must be noted on the delivery note or consignment note upon delivery and reported immediately to the transport company and to us.

(3) The goods complained about must be sent to us carefully packed for inspection; in the event of a justified complaint we bear the costs of subsequent performance.

(4) If notification is not given in time, the goods are deemed to have been approved, insofar as this is legally permissible.

8. Claims for defects, guarantee

(1) The statutory provisions apply. We initially provide subsequent performance at our discretion by remedying the defect or delivering a replacement. If subsequent performance fails, the Buyer may reduce the price or withdraw from the contract in accordance with the statutory provisions.

(2) Lamps: the rated lifetime stated in data sheets is a statistical value and not a guarantee. Natural wear, decrease in luminous flux within manufacturer tolerances, variations in colour temperature and damage caused by overvoltage, improper installation, unsuitable control gear or switching cycles outside the specification are not defects. Further statutory rights in respect of defects remain unaffected.

(3) Guarantees only apply if we expressly designate them as such in text form.

9. Liability

(1) We are liable without limitation in cases of intent and gross negligence, injury to life, body or health, fraudulent concealment of a defect, assumption of a guarantee and under the Product Liability Act.

(2) In the event of a slightly negligent breach of material contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Buyer may regularly rely), liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.

(3) The above limitations also apply in favour of our legal representatives, employees and vicarious agents.

10. Retention of title

(1) The goods remain our property until full payment of all claims arising from the business relationship; in the case of a current account, the retention of title serves as security for our balance claim.

(2) The Buyer may resell the reserved goods in the ordinary course of business. It hereby assigns to us the claims arising from the resale in the amount of the invoice value of the reserved goods; we accept the assignment. Until revoked, the Buyer remains entitled to collect, but is obliged to disclose the assignment to us on request.

(3) If the Buyer processes or combines the reserved goods with other goods not belonging to us, this is done for us as manufacturer. We acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other goods; the new item is deemed reserved goods.

(4) The Buyer must notify us immediately of any third-party access to the reserved goods (seizure, etc.). In the event of conduct contrary to the contract, in particular default in payment, we may demand the return of the goods; the demand for return does not constitute withdrawal from the contract. If the realisable value of the securities exceeds our claims by more than 10%, we will release securities of our choice on request.

11. Export, sanctions

The Buyer must comply with the relevant export, customs and sanctions regulations of the EU and Germany. It warrants not to resell or transfer the delivered goods in breach of embargo or sanctions regulations.

12. Data protection

Information on the processing of personal data can be found in our privacy policy.

13. Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of performance for delivery and payment is the Seller's registered office in Weyhe. If the Buyer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the Seller's registered office in Weyhe (depending on the amount in dispute, the Amtsgericht Syke or the Landgericht Verden has jurisdiction). We are also entitled to sue the Buyer at its general place of jurisdiction. Overriding statutory provisions, in particular on exclusive jurisdiction, remain unaffected.

(3) Amendments and additions must be made in text form. Should any provision be or become invalid, the validity of the remaining provisions shall remain unaffected.