§1 General Provisions
The following General Terms and Conditions (GTC) in their currently valid version apply exclusively to the business relationship between us and our customers.
The products displayed and services described on our websites do not constitute a legally binding offer, but merely a non-binding overview of our product range. Any visitor to our website who clicks the "order with obligation to pay", "Buy", "Request", or "Send" button submits an inquiry or a binding order for the goods or services contained in the shopping cart. Immediately after clicking, the inquiry and the order are saved in our database. The receipt of the order will be confirmed to the customer.
The purchase contract is concluded as soon as we send the customer a separate order confirmation or deliver the requested information or goods.
The customer will also receive these GTC 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 or the information cannot be provided, 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 immediately. Further claims by the customer against Rotfuß GmbH are excluded.
The information provided by Rotfuß GmbH (especially the FitnessGPT offer) may contain errors. The customer undertakes to additionally verify information and content that is important and critical to them.
The contract language between us and the customer is German. The prices valid on the day of the order shall apply. All prices include German value-added tax (VAT), plus packaging and transport 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. It is equivalent to handover if the buyer is in default of acceptance. Delivery is always made to the postal or electronic address provided 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 will 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 expressly 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 have a written confirmation of the damage issued.
§3 Cancellation Policy
Instruction and information on the right of withdrawal for consumers within the meaning of § 13 BGB
Right of Withdrawal
If the customer is a consumer within the meaning of § 13 BGB, they may revoke their contractual declaration within 31 days without giving reasons in text form (e.g., by letter, fax, or email) or - if the goods are handed over to them before the deadline expires - 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 we have fulfilled 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 meet the withdrawal deadline.
The revocation must be sent electronically via our contact form or by post to the following address:
Postal address for revocation:
Rotfuß GmbH
Lessingstraße 7
74834 Elztal
Germany
In the event of an effective revocation, the mutually received services 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 revocation, Rotfuß GmbH only bears the corresponding part of these shipping costs.
If the customer cannot return the received performance in whole or in part, or only in a deteriorated condition, they must compensate us for the loss of 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 checking 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 a deterioration caused by the intended use of the item by not using the goods as if they were their property and refraining from doing anything that could negatively affect their value.
The customer must bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods. Return documents (e.g., a postage stamp from the postal company) can be provided upon request for a fee. Items that cannot be sent by parcel will be picked up from the customer. Goods that can be sent 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 with the dispatch of their declaration of revocation or the goods, and for us with their receipt. Freight collect returns 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 made to customer specifications or are clearly tailored to personal needs. The same applies to goods which, due to their nature, are not suitable for return, can spoil quickly, or whose expiration date has passed.
End of the cancellation policy.
§4 Guarantee, Warranty, and Damages
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 guarantee 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 damages resulting from culpable or improper handling or improper installation, as well as the use of unsuitable accessories or modifications to the original parts by the customer or a third party not commissioned by Rotfuß GmbH, are excluded from the warranty.
Wear and tear resulting from use is excluded from the warranty.
For damages other than those arising 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 person). Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected.
If a material contractual obligation is negligently breached, the liability of Rotfuß GmbH is limited to the foreseeable damage.
Excluded from the guarantee are:
- All defects in the product attributable to non-compliance with operating instructions, improper use, unusual environmental conditions, extraneous operating conditions, overload, 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 usability of the product.
§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 will be delivered to the customer in electronic form.
Payment is made in cash upon delivery for cash on delivery (COD) orders. When paying in advance, the customer receives the goods free of charge. For credit card payments, the amount is debited upon creation of the invoice and dispatch of the goods.
Rotfuß GmbH reserves the right to reject checks and other non-cash means of payment. The acceptance of non-cash means of payment is always only on account of payment.
All payments in foreign currency will be credited according to the bank statement. Any bank fees are to be borne by the customer.
If the customer is in default with the payment of the purchase price, the entire amount of the purchase price shall bear interest at 5% above the respective base interest rate during the default period. 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 purchaser 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, OpenAI Platform by OpenAI, and Hotjar, and shares data with DHL and GLS.
By using this website, you agree that this website sets cookies in your browser, that your use of this website is stored, evaluated, and used to improve the products and services offered here, and is transmitted 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, actions predefined by us are triggered, stored, and made available to other systems we use (e.g., Google Analytics) as soon as you visit selected target addresses on this website. Using Google reCAPTCHA, your browser behavior and the information you or your browser send to us are used to determine whether you are a natural person or a bot interacting with this website mechanically and automatically. Based on this, an automated decision is made regarding your use of this website. 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, part of your inquiry (often without your data such as name or email address) is transmitted to Google to create 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 only captured and stored 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 for displaying our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually prohibited from selling 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, part of your inquiry (often without your data such as name or email address) is transmitted to OpenAI to create an individual response for you. We pass on all your data necessary for processing the shipment to you to DHL and GLS. Google Analytics, Google Tag Manager, and Google reCAPTCHA are services provided by Google. Further information on these Google services and the associated privacy policy can be found here. PayPal's privacy policy can be found here and Stripe's privacy policy here. The corresponding statement from Freshdesk can be found here. Hotjar's privacy policy is here. The statement from Font Awesome is here and the statement from OpenAI can be found here. DHL's privacy policy is here and GLS's is here.
If you do not want this, do not use this website and do not send us emails. Instead, inform us of your order by fax, telephone, or letter. Please note that we offer some products and services only online and in cooperation with third parties, i.e., for selected products and services, we rely on the provision of your data via this website and other services.
By using this website, you further 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, any follow-up questions, and possible complaint handling.
Rotfuß GmbH does not pass on personal customer data to third parties. Exceptions to this are the aforementioned service providers 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 information, correction, blocking, and deletion of your data stored by Rotfuß GmbH at any time.
§8 Property Rights
We reserve the industrial property rights and copyrights to all products, illustrations, and other documents delivered by us. Imitation by third parties is not permitted and requires our special permission.
If the customer provides us with their own texts, data, photos, drawings, or other material in image, sound, or characters, 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 these in whole or in part to third parties.
§9 Place of 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) is the place of jurisdiction.
§10 Final Provisions
We reserve the right to change our GTC at any time and without giving reasons.
Such changes do not apply to orders already placed. Should a provision of these GTC be invalid, the remaining provisions shall remain unaffected.