Röckelein Terms and Conditions
General Terms and Conditions
1. Applicability: The sale of our goods and the provision of our other services are governed by the following General Terms and Conditions. Any conflicting terms and conditions of purchase submitted by the customer are hereby rejected.
2. Offer: Our offer is directed exclusively at persons acting for the purposes of their commercial, self-employed professional, official, or governmental activities. Offers in advertisements, such as in catalogs, price lists, and on the Internet, are subject to change without notice.
3. Prices: All prices are exclusive of the applicable statutory value-added tax.
4. Conclusion of Contract: A contract is concluded through your order on the one hand and our declaration of acceptance on the other—e.g., through our order confirmation or the delivery of the ordered goods.
5. Shipping Costs: Unless otherwise agreed, the following applies to deliveries within Germany: for orders with a net merchandise value of less than 350.00 EUR, we charge a flat shipping fee of 9.90 EUR (delivery to the curb). The minimum order value is EUR 75 net merchandise value. If the minimum order value is not met, we will additionally charge a minimum quantity surcharge of EUR 10. Any additional costs resulting from a special shipping method requested by the customer (e.g., express shipping, air freight, insurance) shall be borne by the customer.
Shipping costs to foreign countries are determined and calculated in consultation with the customer. If necessary, we will handle the export declaration; the customer is responsible for import customs clearance and taxation at their own expense.
6. Payment: The place of performance for the customer’s payment obligation is Nuremberg.
6.1. Terms of Payment: Delivery is made against invoice; upon request, payment may also be made in advance or—for online orders—via PayPal. For new customers, customers based outside the Federal Republic of Germany, and depending on creditworthiness, the subject matter of the order, order volume, and order duration, we reserve the right to conclude a contract only with a different payment method or with additional security for our advance performance. Invoices are payable within 14 days of the invoice date with a 2% discount or within 30 days without deduction. The date of receipt of payment in our account shall determine whether payment is timely.
6.2. Withholding and Set-off: The withholding of payments due to claims by the customer that we do not recognize or that have not been legally established is excluded, as is set-off against counterclaims by the customer that are not recognized or have not been legally established; this does not apply to claims by the customer for defects or completion arising from the same legal relationship.
6.3. Default in Payment: If the customer is in default of payment or if there are reasonable doubts regarding their solvency, we are authorized to declare all claims against them immediately due and payable and/or to demand security, to withhold outstanding deliveries under this and other contracts in whole or in part, or, following the unsuccessful expiration of a reasonable grace period set by us, to withdraw from the existing contracts.
7. Delivery: The place of performance for our deliveries is the respective shipping location; the risk passes to the customer upon handover to the carrier. Agreed delivery dates are valid only provided that all details of the order are clarified in a timely manner and all obligations of the customer are fulfilled in a timely manner.
We reserve the right to make over- or under-deliveries within the scope customary in the industry; the quantity actually delivered shall be invoiced.
7.1. Delay in Delivery: In the event of culpable failure to meet an expressly agreed delivery date, the customer shall set us a reasonable grace period. If this grace period is not met through our fault, the customer has the right to withdraw from the contract. In all other respects, Section 13.
7.2 applies. Withdrawal from the contract: Circumstances or events beyond our control that delay, render impossible, or unreasonably impede delivery—e.g., war, acts of government, forces of nature, general shortages of raw materials or energy, strikes or lockouts, failure to receive delivery despite timely covering purchases, shall release us from our delivery obligation for the duration of the hindrance and a reasonable start-up period, even if they occur at our suppliers. If the hindrance is not expected to end within a reasonable time, both parties are entitled to withdraw from the contract in whole or in part without mutual obligations.
7.3. Default of Acceptance by the Customer: If the customer is in default of acceptance, they are obligated to compensate for the resulting damages, e.g., the costs of storage and redelivery.
8. Retention of Title: The delivered goods remain our property (goods subject to retention of title) until full payment of the price and all existing or future claims arising from the business relationship with the buyer. The buyer is revocably authorized to process, mix, and combine the goods subject to retention of title in the ordinary course of business and to sell them if a retention of title has been agreed upon. Claims arising from resale or any other legal basis (insurance, tort) are hereby assigned to us by way of security. The purchaser is revocably authorized to collect the assigned claims in its own name for our account. The customer is not permitted to pledge or transfer ownership by way of security; the customer must notify us immediately of any interference by third parties with our property rights. If the value of the existing securities exceeds the secured claims by more than 10% in total, we shall, at the customer’s request, release securities of our choice to that extent. We are entitled, in the event of the customer’s breach of contract (Sections 323, 324 BGB), in particular in the event of default in payment despite the fruitless expiration of a set payment deadline, to withdraw from the contract and, in this case, to demand the return of the goods subject to retention of title or to claim other security measures, as well as to revoke the authorization for processing, blending, combining, and reselling, as well as to revoke the direct debit authorization for assigned claims, to demand immediate disclosure of any assignment, and to request from the purchaser the information and documents necessary for the collection of the assigned claims.
9. Information, Advice: We can and will provide information regarding the suitability and possible applications of our goods only in general terms and to the best of our knowledge, without taking into account any specific circumstances of the individual case. The purchaser is not relieved of the obligation to verify for themselves, through their own tests, the suitability of the goods for the specific processing and intended use they have in mind.
10. Claims for Defects: In commercial sales between the parties, the commercial law obligations to inspect and give notice of defects (§ 377 HGB) apply; otherwise, obvious defects must be reported within two weeks of delivery, and non-obvious defects within two weeks of discovery. The statute of limitations for claims for subsequent performance, reduction of payment, and withdrawal due to defects is one year after delivery; the contractor’s right of recourse (Sections 478, 479 BGB) remains unaffected. Otherwise, subject to Section 13, the statutory provisions on liability for defects apply.
Claims for defects by the customer are excluded to the extent that the defect arose because the delivered goods were improperly transported, stored, handled, or processed after delivery. Furthermore, claims for defects do not apply in cases of normal wear and tear.
11. Custom-made Products: The following provisions apply in addition to all custom manufacturing carried out specifically on the customer’s order: We will perform contract manufacturing in accordance with the state-of-the-art of our manufacturing capabilities. If dimensions, tolerances, etc., are specified for the end product, we are entitled to withdraw from the contract for custom manufacturing without any mutual claims if we determine during the first test production that the desired specifications cannot be met; no binding specifications regarding the desired end product can be provided prior to the first test production. In the case of contract manufacturing, the contractor’s liability for defects or complaints is limited to the amount of the agreed labor costs. Further claims, in particular for consequential damages or lost profits, are excluded.
12. Conditions for an Exceptionally Permitted Return of Goods: If we exceptionally agree to a return of goods without an existing legal obligation, the following rules apply to the return: The goods must be sent to our warehouse in Neumark / Reuth exclusively after prior consultation; the costs and risk of the return shipment are borne by the customer. The goods must be in their original packaging, undamaged, properly stored, and packaged for transport; the best-before date and the warranty period must not have expired. Custom-made products are generally excluded from return.
13. Other Liability:
13.1. Limitation of Liability: We are liable, where a statutory liability provision applies within the scope of the contractual relationship, for compensation for damages or for reimbursement of futile expenses caused by us, our legal representatives, or vicarious agents, only in cases of intent or gross negligence or in the event of a culpable breach of essential contractual obligations (obligations that the contract is specifically intended to guarantee based on its content and purpose, or whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely).
Except in cases of intent or gross negligence, liability for a breach of an essential contractual obligation is limited at most to the foreseeable damage typical for this type of contract.
13.2. Strict liability: Claims under the Product Liability Act or the Equipment Safety Act, for culpably causing damage to life, bodily injury, or health, due to fraudulent misrepresentation, for damages in lieu of performance in the event of material breaches of duty, for strict liability for defects, due to culpable impossibility or unreasonableness, based on an assumed guarantee, or for an assumed procurement risk remain unaffected in their entirety.
13.3. Third-Party Beneficiaries and Burden of Proof: The liability provisions also extend to the personal liability of the parties’ legal representatives and vicarious agents. The foregoing provisions do not entail a reversal of the statutory burden of proof.
14. Dispute Resolution: We are neither obligated nor willing to participate in dispute resolution proceedings before a dispute resolution body.
15. Place of Jurisdiction, Governing Law: If the purchaser is a merchant, a legal entity under public law, or a special fund under public law, the exclusive—including international—place of jurisdiction is Zwickau. This applies even if the purchaser maintains its general place of jurisdiction abroad. We are entitled to sue the purchaser at any other location where a statutory place of jurisdiction exists. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Röckelein GmbH – Gutenstetter Straße 8f – 90449 Nuremberg
Röckelein GmbH - Neue Reichenbacher Straße 15 - 08496 Neumark OT Reuth
Chemnitz Local Court, HRB No. 14909 - Managing Directors Harald Röckelein, Nathalie Röckelein, Soner Aksoy
As of: September 2025
