General Terms and Conditions

Rosen Tantau Vertrieb GmbH und Co. KG

Status: 28.06.2024

1. Catalogs

With the publication of a new catalog, all previously published catalogs lose their validity.

2. Prices

The prices are subject to change ex nursery in Euro (EUR) without discount and postage deductions including VAT.

3. Conclusion of Contract

(1) We reserve the right to technical differences as well as differences in form, color and/or weight within reasonable limits.

(2) By ordering the goods, the customer makes a binding declaration that he wishes to purchase the goods ordered.

We are entitled to accept the contractual offer contained in the order within 2 weeks of receipt. Acceptance can be declared either in writing or by delivery of the goods to the customer. All orders placed with us by the customer directly or via sales representatives require acceptance, unless it is a cash transaction.

4. Payment

Orders for which no special agreements have been made can be fulfilled against cash on delivery. If cash payment is made within one week of delivery of the goods, a 2% discount will be granted on the plant value. If an agreed deadline is exceeded, we shall be entitled to demand default interest in the amount of the bank charges to which we are entitled. In the case of payment by bill of exchange, the buyer shall bear all expenses incurred. Any extension requests must be communicated at least 10 days before the due date. In any case, we may demand an appropriate advance payment.

5. Debt Collection

Representatives are only authorized to collect dept payments against power of attorney.

6. Retention of Title

The delivered goods remain our property until full payment has been made.

7. Correction of input errors in the online store

We would like to inform you that you can correct all entries using the usual keyboard and cursor functions before placing your order and thus before completing your purchase.

If you go through our order process, you can delete the order information you have entered at any time by clicking on the "Remove" checkbox for each product and then on the "Refresh" symbol.

8. Shipping and Packaging

Shipping is at the customer's expense. If the customer is an business, the customer bears the risk of accidental loss or accidental deterioration of the purchased item during transportation.

9. Shipping Costs

Packaging and shipping costs for deliveries within Germany are charged separately. The amount of the packaging and shipping costs are summarized in a chart under "Shipping costs".

10. Liability

Claims of the customer for compensation are excluded. Exceptions to this are claims for compensation by the customer arising from injury to life, body or health as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by Rosen Tantau Vertrieb GmbH und Co KG, its legal representatives or agents. Furthermore, liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely, remains unaffected. Claims under the Product Liability Act against Rosen Tantau Vertrieb GmbH und Co KG or third parties remain unaffected.

11. Growing of ordered plants

No guarantee is given for the growth of plants.

12.Varietal Authenticity

Warranty for the authenticity of the variety is only given up to the invoice amount and claims exceeding this amount are rejected.

13. Right of Withdrawl

(1) If the customer is a natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or independent professional activity (consumer), the customer has a right of withdrawal in accordance with § 312d in conjunction with § 355 BGB.

(2) If the purchase contract is withdrawn by the customer, the customer shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if the customer has not yet provided the compensation or a contractually agreed partial payment at the time of the withdrawal if the price of the goods is higher.

14. Notification of Defects

Notifications of defects must be made in writing.

15. invoice item

It is not permitted to make a particular invoice position only partially available or to demand a reduction of the purchase price for it, as each individual position of the invoice is to be considered as a whole.

16. Replacement

Replacements in similar, equivalent varieties for missing ones are permitted, and plants of quality class B can also be supplied for quality class A at the applicable price, unless both are expressly requested by the customer.

17. Samples and Measurements

Samples should only show the average measurements; not all plants will turn out exactly like the sample.

18. Quality Description and Basic Dimensions

The quality descriptions and basic dimensions of the Association of German Nurseries shall apply to all deliveries.

19. Reproduction and Export Ban

The purchase of rose varieties protected by plant variety rights obliges the buyer to resell these varieties exclusively with the original label supplied with the plants and not to use the purchased rose plants or parts thereof for propagation and to refrain from selling such rose plants abroad. The buyer undertakes to impose this measure on his buyers in cases of resale.

20. Place of Jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law, Pinneberg shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

Applicable General Terms and Conditions

All agreements and offers are based on our General Terms and Conditions; they are recognized by placing the order or accepting the delivery. Deviating terms and conditions of the customer which we have not expressly recognized in writing are not binding for us, even if we do not expressly object to them.

Offsetting and retention

Only undisputed counterclaims, legally established counterclaims or disputed but decisive counterclaims shall entitle the customer to offset or retention. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.