General Terms and Conditions / Instruction on Order Cancellation
§ 1 Scope of Validity
The business relationship between Rohde & Schwarz GmbH
& Co. KG (hereinafter R&S) and the Buyer is governed
exclusively by the following general terms and conditions in
the version applicable at the time an order is placed. Any
deviating terms and conditions on the part of the Buyer will
not be recognized by R&S unless R&S has expressly
agreed to their validity in writing.
§ 2 Conclusion of Contract
An order represents an offer to R&S to enter into a sales
contract. When R&S receives an order, R&S shall send
an e-mail that confirms receipt of the order and lists the
details of the order (confirmation of order). This
confirmation of order does not represent an acceptance of the
offer; rather, it merely serves the purpose of informing the
Buyer that the order has been received at R&S. A sales
contract is first deemed concluded when R&S has
successfully shipped the ordered product to the Buyer.
§ 3 Right to Cancelation and Return of Merchandise as
set Forth in the Distance Selling Act
If the Buyer is a consumer as defined in Article 13 of
the German Civil Code (BGB), the Buyer may cancel the
declaration of contract within two weeks and without giving
reason by sending a written notice (e.g. letter, e-mail) or
by returning the item. The period commences at the earliest
upon receipt of the merchandise and not before this
instruction has been received. To safeguard the cancelation
period, it is sufficient to mail the cancelation or the item
within the specified period of time.
Cancelation by return of the merchandise shall be directed to
the shipping agent that R&S has commissioned and
authorized for this purpose:
HEROLD Auslieferung & Service GmbH
Verlag Rohde & Schwarz
Raiffeisenallee 10
82041 Oberhaching
Cancelation may be made by e-mail to:
t.ledebuhr@herold-va.de
or by letter to:
or by letter to:
HEROLD Ausliefereung & Service GmbH
Verlag Rohde & Schwarz
Raiffeisenallee 10
82041 Oberhaching
Consequences of cancelation:
In the case of an effective cancelation, the services and
payments received by both parties shall be refunded and, if
applicable, any resulting benefits enjoyed (e.g. a user fee
for the use of the item) shall be returned. If the Buyer
cannot refund to R&S the received payment or service in
whole or can do so only in part or in an impaired condition,
the Buyer must render compensation to R&S for any lost
value. When items are handed over, this shall not apply if
the impairment of the item can be attributed exclusively to
the examination of the item -- such as may occur in a retail
store. Furthermore, the Buyer can avoid the obligation to pay
compensation by not placing the item into use as the Buyer's
own property and by refraining from any activity that impairs
the item's value. Items that can be mailed as parcel post are
to be shipped back. The Buyer shall bear the costs for
returning the item if the received merchandise is the
merchandise ordered and if the price of the item to be
shipped back does not exceed 40 euros. Otherwise, the Buyer
shall bear no costs for the return. The Buyer must meet
obligations on the reimbursement of payments within 30 days
of request for payment.
The right to cancelation does not exist in the case of
distance contracts for the delivery of newspapers,
periodicals, and magazines.
§ 4 Delivery
Unless otherwise agreed, the merchandise shall be delivered
to the address specified by the Buyer by the shipping agent
that R&S has commissioned and authorized for this
purpose: HEROLD Auslieferung & Service GmbH. Any
statements regarding the delivery period shall not be binding
unless a delivery date has by exception been promised with
binding effect.
If R&S through no fault of its own is not able to deliver
the ordered merchandise because the supplier of R&S does
not meet its contractual obligations, R&S shall be
entitled to withdraw from its obligations to the Buyer. In
this case, the Buyer shall be immediately informed that the
ordered product is not available. Legal claims are not
affected.
§ 5 Payment
The Buyer may pay the purchase price by advance payment, cash
on delivery (only within the Federal Republic of Germany),
credit card, or direct debiting (only within the Federal
Republic of Germany). Payment is to be remitted in EUROs. The
place of payment shall be Munich.
Customers from the European Union who do not have a VAT
identification number shall be charged the turnover tax
applicable in Germany (7 %).
Customers with a delivery address in Germany shall be charged
the value-added tax applicable in Germany (7 %).
§ 6 Setoff, Retention
The Buyer shall have the right to setoff only if the Buyer's
counterclaims are deemed to be legally valid or are
uncontested by R&S. In addition, the Buyer shall have the
right to retention only if the Buyer's counterclaim is based
on the same contractual relationship.
§ 7 Reservation of Title
The received merchandise remains the property of R&S
until payment in full has been received.
§ 8 Liability for Defects
If the purchased item is defective, the legal provisions
shall apply. The assignment of these claims of the Buyer is
excluded.
Insofar as no other stipulations are made in the following,
further claims of the Buyer - regardless of the legal grounds
- shall be excluded. R&S shall therefore not be liable
for any damages except those that occur on the delivery item
itself; notably, R&S shall not be liable for lost profit
or for any other economic loss of the Buyer. Insofar as the
contractual liability of R&S is excluded or limited, this
shall also apply to the personal liability of employees,
proxies, and vicarious agents.
The aforementioned limitation of liability shall not apply
insofar as the cause of damage is based on intent or gross
negligence or if personal injury has occurred.
If R&S negligently violates an obligation essential to
the contract, the obligation to pay compensation for property
damages shall be restricted to the damage that typically
occurs.
If rectification is rendered by means of a replacement
delivery, the Buyer shall be obligated to send the initially
received merchandise back to R&S within 30 days at the
expense of R&S. The defective merchandise must be
returned in a manner conforming to legal provisions. R&S
reserves the right to claim damages under the legally defined
conditions.
The period of limitation is twenty-four months, commencing
with delivery.
§ 9 Applicable Law
The contractual relationships shall be governed by German
substantive law. The application of the UN Convention on
Contracts for the International Sale of Goods (CISG) shall be
excluded.
It is agreed that Munich shall be the exclusive place of
jurisdiction for all disputes arising indirectly or directly
from the contractual relationship if the Customer is a
businessman. R&S shall also have the right to take legal
actions at the Customer's domicile.
Rohde & Schwarz GmbH & Co. KG, Muehldorfstrasse
15, 81671 Muenchen, Germany
