Terms and Conditions


§ 1 Scope

  1. All of the services we offer are done so solely on the basis of these general terms and conditions.
  2. We do not accept customers’ alternative terms of business that vary totally or partially from these general terms and conditions.
  3. These general terms and conditions also apply to all future dealings in relation to businesses and legal entities under public law.

§ 2 Acceptance of contract

  1. Neither what is on offer in the online shop nor the order overview presented in the shopping basket constitutes an offer in the legal sense, but is rather a non-binding invitation to treat (invitatio ad offerendum). By placing the order the customer offers to conclude a sales contract with us. After that the customer receives confirmation of the order by email; this confirms the receipt of the order and names its details. It does not, however, represent acceptance of the offer, it only serves to inform the customer that we have received their order. A sales contract first comes into being through an order confirmation or through the shipping of the ordered goods.
  2. We are entitled to accept the customer’s offer to conclude the contract within a period of ten days after the customer makes the order.
  3. We do not offer products for sale to minors. Our products for children may also only be bought by grown-ups.

§ 3 Prices and terms of payment

  1. The customer can pay by prepayment, credit card or PayPal. In the case of prepayment, the customer receives an invoice in advance. The goods are sent after receipt of payment.
  2. Additional deliveries and services requested by the customer shall be charged separately.
  3. In the case of defaulted payment, we charge default interest at a rate of 6 percentage points above the base rate, if the customer is a business or a legal entity under public law, the default interest is 9 percentage points above the base rate. The customer is reserved the right to prove that less damage has been caused by the default. In this case we will only charge the statutory default interest. On the other hand, it remains open to us to prove greater damages; if applicable we demand this be compensated.
  4. The customer is entitled to offset only if their counterclaims are determined either indisputably or legally.
  5. The delivered goods remain our property until full payment has been made.

§ 4 Scope of delivery and delivery period

  1. Insofar as a delivery to the customer is not possible, because the customer is not to be found at the delivery address they have provided, although the customer has been notified of the time of delivery with reasonable warning, the customer carries the costs for the failed delivery.
  2. The keeping of our contractual obligations presupposes the prompt and orderly fulfillment of the customer’s duty to cooperate.
  3. Subsequent customer requests for changes or additions to the order prolong our delivery period to an appropriate extent.
  4. We reserve the complete range of industrial property rights on the illustrations, drawings and other data originating from our company.

§ 5 Guarantee

  1. If the goods delivered by us have a defect, we provide warranty by replacement or repair. Should the replacement or repair not be possible or unreasonable for the customer or fail for other reasons, the customer may withdraw from the contract or demand a reduction. In addition, he is entitled to a claim for damages within the scope of the liability restrictions under § 6 below. In addition, we are not liable for any loss of profit or other financial losses. These limitations do not apply if the cause of the damage is due to intent or gross negligence.
  2. The consumer’s rights expire two years after the time of delivery, for all other people one year after the time of delivery.

This short expiry period does not apply to damages to health, physical injury or loss of life attributable to us. Our liability in accordance with Produkthaftungsgesetz (German Product Liability laws) also remains unaffected.

§ 6 Limitations of liability

  1. In contractual breaches due to slight negligence our liability is limited for other damages, as such, from damages to health, physical injury or loss of life to such typical damages, which for us, at the time of the conclusion of the contract, were reasonably foreseeable.
  2. We are not liable for material damage due to slight negligence infringements of minor contractual obligations.
  3. Insofar as our liability is ruled out or limited, this also applies to the personal liability of our staff, agencies, representatives and subcontractors.
  4. The above limitations of liability do not apply to claims in accordance with §§ 1,4 Produkthaftungsgesetz (product liability law) as well as loss of life, physical injury or health impairment attributable to us.
  5. We do not assume liability for the objects and valuables brought in by the customer, their staff or representatives or by visitors to their events.

§ 7 Right to withdrawal

  1. If the customer exercises their right to withdrawal, they bear the costs of return shipping.Consumers have the right to withdrawal according to §§ 312b ff. BGB, instructions on which follow.

    Withdrawal instructions

    You have the right to withdraw from this sales contract, without stating your reasons, within fourteen days. The withdrawal period is fourteen days from the day on which you, or a third party named by you, who is not the carrier, took or takes possession of the last goods. In order to make use of your right to withdrawal, you must inform us, by means of a clear statement (e.g. a letter sent in the post, fax or email), of your decision to withdraw from this contract. For this you can use the attached template withdrawal form – this is not, however, compulsory. The only requirement to adhere to the withdrawal deadline is sending notification of your use of the right to withdrawal before the deadline is reached.
    The withdrawal is to be addressed to:

    Thomas Rosenberg
    Rosinante e.K.
    Karolingerring 29
    D-50668 Köln

    Fax: 0221 – 6603677
    E-Mail: info@derbiss.com

    Consequences of the withdrawal

    If you withdraw from this contract, we are to pay back all the payments we have received from you, including delivery costs (with the exclusion of additional costs, which have resulted from you choosing another form of delivery than the standard, cheaper delivery offered by us), promptly and at the latest within fourteen days from the day on which we receive your notification of withdrawal from the contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else has been agreed with you expressly; in no case will charges be added due to this repayment.
    We can refuse the repayment until we have received the returned goods or until you have provided evidence that you have returned the goods, depending on which is sooner.
    You are to send back or hand over the goods to us promptly and at the latest within fourteen days from the day on which you notify us of your withdrawal from the contract.
    You bear the direct costs of returning the goods. You must only pay for any loss in value of the goods if this loss in value can be traced back to your handling the goods in any way that is not necessary to check their quality, features and 

    End of the withdrawal instructions

§ 8 Court of jurisdiction, applicable law

  1. The laws of the Federal Republic of Germany apply, with the exclusion of the UN CISG, to all legal relationships between the parties.
  2. If the customer is a business or legal entity under public law, the court of jurisdiction is Cologne. We are, however, also entitled to sue the customer at their local court.