Terms and Conditions

1. General

These delivery and payment terms form an essential part of all contracts with our customers. We deliver goods in accordance with the guidelines and delivery conditions of the German electrical industry. Conflicting purchasing terms of ROLUX Leuchten customers do not apply, even if we do not expressly object to them. If any part of the contractual agreements with our customers, including these terms, is or becomes invalid, the validity of the remaining agreements is unaffected. The invalid part is to be interpreted or replaced so that its intended purpose is achieved by lawful means.

2. Conclusion of contract

Unless otherwise agreed, our offers are nonbinding and subject to change. A contract is formed only when our written order confirmation is received, or at the latest when delivery is carried out. We reserve the right to correct printing errors and mistakes.

3. Prices

Prices are net prices in euros (EUR) or US dollars, ex warehouse ROLUX Leuchten GmbH Bremen, excluding packaging and shipping, plus statutory VAT. We reserve the right to change prices during the period of validity of our catalogue or price list. The prices valid on the date the order is placed apply.

4. Delivery

The minimum net order value is EUR 250. A one time processing fee of EUR 5 applies below this amount. For orders up to a net value of EUR 1,500, delivery is carriage forward at the recipient’s expense and risk. From a net order value of EUR 1,500, delivery is free to the destination, except special shipments such as express freight, air freight or expedited parcels. In cases of force majeure, including material shortages, operational disruptions, production failures of upstream suppliers, strikes or official measures, we may withdraw from the contract in whole or in part or postpone delivery for the duration of the impediment at our discretion. If this exceeds the originally agreed delivery period by more than eight weeks, the buyer may withdraw from the contract. Claims for damages are excluded for both parties in this case. Transport damage must be reported immediately to the postal service, railway, parcel service or freight carrier.

5. Payment

Unless otherwise agreed, invoices are payable within 14 days of the invoice date with a 2% discount, or within 30 days net. If the payment deadline is exceeded, we reserve the right to charge default interest. The buyer may not withhold the purchase price due to disputed warranty claims of its own, set off counterclaims that we have not accepted or that have not been established by final judgment, or assert a right of retention. Circumstances that become known after conclusion of the contract and give rise to doubts about the buyer’s creditworthiness make all our outstanding claims immediately due. For delivery contracts not yet performed, we may require cash on delivery or advance payment, or withdraw from the contract without claims for damages against us. We reserve the right to supply new customers only against advance payment.

6. Returns

We do not accept returns of defect free goods for credit unless we have given prior written consent. For agreed returns of defect free deliveries, we charge a contribution toward the cost of processing the return. Goods must be returned at no cost to us and in perfect condition. Special orders cannot be returned. Changes to and cancellations of orders must be in writing.

7. Complaints about defects

1. Warranty: statutory, beginning no later than one week after receipt of the goods.
2. Apparent defects must be reported in writing immediately after delivery, and hidden defects immediately after discovery, with precise reasons. Claims for any defects are excluded after five days from receipt of the goods (exclusion period). The item complained about must be carefully packed and sent to us for inspection at no cost to us. For justified and timely complaints, the buyer may, at our choice, receive repair, a free exchange or a credit upon return of the goods. If repair or exchange is impossible or unreasonable, the buyer may withdraw from the contract or reduce the purchase price. Claims for damages of any kind, including alleged late delivery, are excluded unless the damage was caused intentionally or by gross negligence.
3. Special orders: Goods not offered in our catalogue are special orders. All warranty liability for them is excluded unless we are guilty of gross negligence or intent.

8. Guarantee and warranty

For all electronic products, the statutory warranty rules apply. The warranty covers freedom from defects at the time the goods are handed over to the buyer. Light sources are excluded from the warranty or guarantee unless the buyer can prove that the defect already existed when the goods were handed over.

9. Retention of title

1. All deliveries are made subject to retention of title. The seller retains ownership of the delivered goods until all claims arising from the business relationship with the buyer have been paid, including the honouring of any cheques issued. In a running account, retained title secures our balance claim.
2. The buyer is excluded from acquiring ownership of goods subject to retention of title under section 950 of the German Civil Code. Processing by the buyer does not extinguish our ownership right. If the buyer processes such goods with other goods that do not belong to us, we acquire co ownership of the new item in proportion to the value of the retained goods and the other goods at the time of processing. Otherwise, the new item is treated in the same way as the goods subject to retention of title under these terms.
3. The buyer may resell goods subject to retention of title in the ordinary course of business.
4. The buyer hereby assigns to us claims arising from resale of goods subject to retention of title, whether the goods are sold alone or with other goods that do not belong to us, before or after processing. Where sold with other goods, the assignment applies in proportion to the value of our ownership or co ownership interest compared with the other goods or the interests of other co owners in the newly created items at the time of sale. The buyer remains authorised to collect the resale claims despite the assignment. Our own right to collect remains unaffected, but we will not collect them while the buyer duly meets its payment obligations. At our request, the buyer must identify the debtors of the assigned claims and notify them of the assignment. If the buyer defaults on payment, we may demand return of the retained goods. This demand does not constitute withdrawal from the contract. If the retained goods relating to the default are no longer in the buyer’s possession, we may also demand return of retained goods from other contracts. This likewise does not affect the continuing contractual relationship.

Place of performance and jurisdiction for both parties is Walsrode.