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General Terms and Conditions of Business and Customer Information

(Status: November 2009)

1 Scope

1.1
These Conditions of Business of "Rosa Heinz GmbH" (hereinafter "Seller") apply to all contracts that the Customer concludes with the Seller in respect of the products and/or services stated in the Seller's online shop. We therefore reject incorporation of the Customer's own conditions unless agreements are made to the contrary.

1.2
Customers within the meaning of paragraph 1.1 are both consumers and entrepreneurs, whereby a consumer is any natural person who enters into a legal transaction for a purpose that can neither be attributed to their commercial nor self-employed occupational activity. By contrast, an entrepreneur is any natural or legal person, or a legally valid partnership which, upon entering into a legal transaction, acts by way of pursuing their self-employed or commercial activity.

2 Conclusion of contract

2.1
The product illustrations stated in the Seller's online shop are geared towards the Customer making a legally binding offer.

2.2
The Customer may make the offer in writing, by facsimile, by e-mail or via the online order form integrated in the Seller's online shop. In the case of an order placed via the online order form, the Customer makes a legally binding contractual offer in relation to the goods stated in the shopping basket after entering his personal data and by clicking on the "Place Order" button in the final step of the order process. Prior to the binding submission of the order, all entries can be corrected throughout the order process using the customary keyboard and mouse functions. Furthermore, all entries are additionally displayed in a confirmation window prior to placing the order with binding effect, and may be corrected there too by using the customary keyboard and mouse functions.

2.3
The Seller shall confirm receipt of the Customer's offer electronically without delay (facsimile or e-mail). The Seller may accept the Customer's offer by way of a written (letter) or electronically forwarded (facsimile or e-mail) order confirmation or by supplying the goods within five days. The Seller is entitled to refuse to accept the order.

2.4
The Seller shall store the order data.

2.5
Orders are processed by way of automatic order processing and contact is established via e-mail. The Customer is to ensure that the e-mail address it states for the order processing is accurate so that the e-mails sent by the Seller can be received at the stated address. Particularly in cases where SPAM filters are used, the Customer is to ensure that all e-mails sent by the Seller, or by third parties commissioned by the Seller with the task of processing orders, can be delivered.

3 Return costs in the case of exercising the right of withdrawal
If the Customer has a right of withdrawal in accordance with Section 312d, sub-section 1, sentence 1, BGB¹ , the Customer shall be charged with the customary return charges upon exercising the right of withdrawal if the price of the returned item does not exceed the amount of € 40 or if, in the event of a higher item price, the Customer has not provided the counter-performance or a partial payment at the time of withdrawal unless the supplied goods do not correspond with the ordered goods. In all other cases the cost of the return consignment shall be borne by the Seller.

¹ German Civil Code

4 Prices and conditions of payment

4.1
The Seller's stated prices are end prices, i.e. they contain all price elements, including the German statutory value added tax. Additional delivery and shipping costs that may apply shall be stated separately in the offer in the case of the respective product illustration.

4.2
In the case of deliveries within Germany the Seller offers the following payment options insofar as nothing to the contrary is stated in the offer for the respective product display:
1. Advance payment by
• bank transfer
• cash payment on collection

4.3
If shipping abroad is additionally offered for the respective product, the Customer shall have the following payment options for deliveries abroad insofar as nothing to the contrary is stated in the offer for the respective product display:
1. Advance payment by
• bank transfer
• credit card (from a value of 100,- € inside Germany and from a value of 150,- € outside Germany)
• cash payment on collection.

In the case of deliveries to countries outside the European Union, additional costs shall apply in individual cases, e.g. additional taxes and/or levies for example in the form of customs duties.

4.4
If advance payment has been agreed, payment shall fall due immediately upon entering into the contract.
4.5
In the case of selecting the payment type delivery on account, the purchase price shall fall due after the goods are delivered and have been invoiced. In such a case the purchase price shall fall due within 14 (fourteen) days from receipt of the invoice without deductions insofar as nothing to the contrary is agreed. In such a case the Seller is entitled to forward the Customer's data for a credit assessment to Rosa Heinz GmbH. The Seller reserves the right, irrespective of the outcome of the credit assessment, to refuse the customer the right to the payment type delivery on account.

4.6
In the case of selecting the payment type direct debit and forwarding the Customer's banking details, the Seller is authorized until further notice to collect the invoice amount from the Customer's stated account. Furthermore, the Seller is authorized to forward the Customer's data to SCHUFA for the purpose of a credit assessment. The Seller reserves the right, irrespective of the outcome of the credit assessment, to refuse the customer the right to the payment type delivery on account. If the direct debit transaction cannot be carried out due to a lack of funds or incorrect provision of the banking details, or if the Customer rejects the collection although it is not entitled to, the Customer shall pay the bank charges for the re-booking if they are responsible for such re-booking.

4.7
In the case of collection by the Customer, the Seller shall inform the Customer initially by e-mail or telephone that the goods they have ordered are ready for collection. Thereafter the Customer may collect the goods following consultation with the Seller. In such a case shipping charges shall not apply.

4.8
The Customer shall only be entitled to set off if the counter-claim is not disputed, has become res judicata or is recognized by the Seller.

4.9
The Customer may only exercise a right of retention insofar as the claims in question originate from the same contractual relationship.

5 Delivery and shipping conditions

5.1
The goods shall be normally delivered on the transport route and to the delivery address specified by the Customer. In the case of processing the transaction, the Seller's delivery address stated in the order processing is deemed authoritative.

5.2
If goods cannot be delivered to the Customer, the commissioned forwarding company shall send the goods back to the Seller, whereby the Customer shall pay the cost of the unsuccessful delivery. This does not apply if the Customer is not responsible for the unsuccessful delivery or exercises a right of revocation in that respect.

5.3
As a general rule, the risk of accidental loss of and accidental deterioration in the sold goods shall pass upon hand-over to the Customer or a person authorized to receive. If the customer is an entrepreneur (acting by way of his commercial or self-employed activity; Section 14 BGB), the risk of accidental loss of or accidental deterioration shall pass in the case of sale by delivery upon dispatch of the goods from the Seller's registered officer to a suitable transport person.

5.4
In respect of dealings with an entrepreneur, all agreed delivery periods apply subject to correct and timely deliveries to us in cases in which the Seller has entered into a specific hedging transaction and is not responsible for the lacking availability.

6 Reservation of title
The goods supplied by the Seller shall remain the Seller's property until payment in full.

7 Liability for defects
The statutory provisions shall apply if the object of purchase is faulty. The following apply contrary to the above:

7.1
For entrepreneurs
• as a general rule irrelevant faults do not justify warranty claims.
• the Seller shall choose the type of subsequent performance,
• the period of limitation for defects in new goods is one year from the passing of risk.
• in the case of used goods, as a general rule rights and claims regarding defects are excluded.
• the period of limitation shall not start afresh if a replacement is provided as part of the warranty liability.

7.2
For consumers the period of limitation for warranty claims
• in the case of new goods is two years from delivery of the goods to the Customer.
• in the case of used goods it is one year from delivery of the goods to the Customer.

7.3
For entrepreneurs the period of limitation is not affected in respect of recourse in accordance with Section 478 BGB. The same applies to entrepreneurs and consumers in the case of intentional violation of an obligation and malicious concealment of a defect.

7.4
Furthermore, in respect of entrepreneurs and consumers, the above limitations on liability in paragraphs 7.1 and 7.2 do not refer to claims for damages and reimbursement of expenses that the Buyer can lodge in accordance with the statutory provisions regarding defects. Paragraph 8 applies to such claims.

7.5
If the Customer is a merchant within the meaning of Section 1, it shall be subject to the commercial obligation to inspect and provide notification of defects in accordance with Section 377 HGB². If the Customer fails to honour the obligations to notify therein, the goods shall be deemed acknowledged.

² German Commercial Code

7.6
If the Customer is a consumer, they are requested to lodge a complaint with the forwarding agent about goods delivered with obvious transport damage, and to inform the Seller of such a complaint. If the Customer fails to do this, this shall not have any effects whatsoever on their statutory or contractual warranty claims.

7.7
If the subsequent performance is made by way of a replacement, the Customer undertakes to return the originally delivered goods to the Seller, at the Seller's cost, within 30 days. Faulty goods are to be returned in accordance with the statutory provisions.

7.8
The Customer is not entitled to assign their warranty claims.

8 Liability

8.1
The Seller is liable for any legal reason without restrictions in the case of a threat to life and limb, intent or gross negligence, malice and guarantee promises and if the liability applies in accordance with mandatory requirements such as the German Product Liability Act.

8.2
In other respects the Seller shall be liable irrespective of whichever legal reason as follows:

8.2.1
Insofar as the Seller has negligently violated a key contractual obligation (so-called cardinal obligation), the obligation to compensate for material damage is restricted to foreseeable, typical, average cases of damage. Key contractual obligations are obligations specified in the contract in respect of the Seller in terms of content with a view to achieving the contractual purpose. Furthermore they are obligations that must be honoured if the contract is to be properly executed and are obligations that a customer can normally expect to be adhered to.

8.2.2
Insofar as the Seller has negligently violated a key contractual obligation, the obligation to compensate is limited to the order value.

9 Applicable law

9.1
The law of the Federal Republic of Germany applies by way of exclusion of the laws on the international purchase of movable goods. In the case of consumers this legal choice only applies insofar as the granted protection by way of mandatory provisions of the country in which the consumer has its customary place of residence is not withdrawn.

9.2
If the Customer is a merchant, legal entity under public law or special federal funding, the sole place of jurisdiction for all disputes resulting from this contract is the Seller's registered office. The same applies if the Customer has its general place of jurisdiction in Germany or the EU or whose place of residence or habitual abode are not known at the time an action is brought. This does not affect the authority to resort to a court with a different statutory place of jurisdiction.

9.3
German is the contract language.