Terms of service

Table of Contents

1. Scope
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Statutory Liability for Defects (Warranty)
8. Liability
9. Applicable Law
10. Place of Jurisdiction
11. Alternative Dispute Resolution

1) Scope

1.1

These General Terms and Conditions ("Terms") of ROWAC GmbH (hereinafter referred to as the "Seller") apply to all contracts for the supply of goods concluded between the Seller and a consumer or business customer (hereinafter referred to as the "Customer") in respect of the goods displayed in the Seller's online shop.

The inclusion of the Customer's own terms and conditions is hereby excluded unless otherwise expressly agreed.

1.2

For the purposes of these Terms, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.3

For the purposes of these Terms, a business customer is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the course of their trade, business or profession.

2) Conclusion of the Contract

2.1

The product descriptions displayed in the Seller's online shop do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2

The Customer may submit an offer using the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding offer to purchase the goods contained in the shopping basket by clicking the button that completes the ordering process.

Alternatively, the Customer may also submit an offer by email or via the Seller's online contact form.

2.3

The Seller may accept the Customer's offer within five days by:

• sending the Customer a written order confirmation or an order confirmation in text form (e.g. by email or fax), whereby receipt of the order confirmation by the Customer shall be decisive; or

• delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive; or

• requesting payment from the Customer after the order has been placed.

If more than one of the above alternatives applies, the contract is concluded at the time the first of these alternatives occurs.

The period for accepting the offer begins on the day following the Customer's submission of the offer and expires at the end of the fifth day thereafter.

If the Seller does not accept the Customer's offer within this period, the offer shall be deemed rejected, with the result that the Customer is no longer bound by their declaration.

2.4

Where the Customer selects a payment method offered by PayPal, payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), subject to the PayPal User Agreement, available at:

https://www.paypal.com/legalhub/paypal/useragreement-full

or, where the Customer does not have a PayPal account, subject to the terms governing payments without a PayPal account, available at:

https://www.paypal.com/legalhub/paypal/privacywax-full

Where the Customer selects a payment method offered through PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the ordering process.

2.5

When an order is placed via the Seller's online order form, the contract text is stored by the Seller after the contract has been concluded and sent to the Customer in text form (for example by email, fax or post) after the order has been submitted.

The Seller does not make the contract text available beyond this.

If the Customer has created a customer account before submitting the order, the order details are archived on the Seller's website and can be accessed free of charge via the Customer's password-protected account using the relevant login credentials.

2.6

Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reviewing the information displayed on the screen.

An effective technical means of detecting input errors may be the browser's zoom function, which enlarges the on-screen display.

The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until clicking the button that completes the ordering process.

2.7

The contract may be concluded in various languages. The specific language options available are displayed in the online shop.

2.8

Order processing and communication are generally carried out by email and through automated order processing.

The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received.

In particular, where spam filters are used, the Customer must ensure that all emails sent by the Seller or by third parties appointed by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1

Consumers are generally entitled to a statutory right of withdrawal.

3.2

Further information regarding the right of withdrawal can be found in the Seller's Withdrawal Policy.

3.3

The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.

4) Prices and Payment Terms

4.1

Unless otherwise stated in the Seller's product description, all prices quoted are total prices and include the applicable statutory VAT. Any additional delivery and shipping costs are stated separately in the relevant product description.

4.2

For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, charges imposed by financial institutions for transferring funds (such as bank transfer fees or exchange rate charges) or import duties and taxes (such as customs duties).

Such charges may also arise in relation to payment transfers even where delivery is not made to a country outside the European Union, if the Customer makes payment from a country outside the European Union.

4.3

The available payment method(s) are displayed in the Seller's online shop.

4.4

Where payment by bank transfer in advance has been agreed, payment is due immediately upon conclusion of the contract unless the parties have agreed a later payment date.

4.5

Where a payment method offered through PayPal is selected, payment processing is carried out by PayPal, which may use the services of third-party payment providers for this purpose.

Where the Seller offers payment methods through PayPal under which credit is extended to the Customer (such as payment by invoice or instalment payments), the Seller assigns its payment claim to PayPal or to the payment service provider appointed by PayPal and specifically identified to the Customer.

Before accepting the assignment, PayPal or its appointed payment service provider will carry out a credit assessment using the Customer data provided.

The Seller reserves the right to refuse the selected payment method if the credit assessment is unsuccessful.

If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in accordance with the agreed payment schedule.

In such cases, payment can only be made to PayPal or the payment service provider appointed by PayPal with discharging effect.

However, even where the payment claim has been assigned, the Seller remains responsible for general customer enquiries relating, for example, to the goods, delivery times, shipping, returns, complaints, withdrawal notices and returns, or credit notes.

4.6

Where a payment method offered through Shopify Payments is selected, payment processing is carried out by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe").

The individual payment methods available through Shopify Payments are displayed in the Seller's online shop.

Stripe may use additional payment service providers to process payments. Separate payment terms may apply in such cases, and the Customer will be informed accordingly where necessary.

Further information regarding Shopify Payments is available at:

https://www.shopify.com/legal/terms-payments

4.7

Where a payment method offered through SumUp is selected, payment processing is carried out by:

SumUp Limited
Block 8, Harcourt Centre
Charlotte Way
Dublin 2, D02 K580
Ireland

The individual payment methods available through SumUp are displayed in the Seller's online shop.

SumUp may use additional payment service providers to process payments. Separate payment terms may apply in such cases, and the Customer will be informed accordingly where necessary.

Further information about SumUp is available at:

https://www.sumup.com/

4.8

Where payment by invoice has been selected, the purchase price becomes due once the goods have been delivered and the invoice has been issued.

Unless otherwise agreed, payment must be made in full within 14 (fourteen) days of receipt of the invoice without deduction.

The Seller reserves the right to offer payment by invoice only up to a specified order value and may refuse this payment method where that limit is exceeded. In such cases, the Seller will inform the Customer of the relevant payment restriction within the online shop.

5) Delivery and Shipping Conditions

5.1

Where the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed.

For the purpose of processing the transaction, the delivery address specified during the Seller's order process shall be decisive.

However, where the Customer selects PayPal as the payment method, the delivery address stored with PayPal at the time of payment shall instead be used.

5.2

Where goods are delivered by a freight carrier, delivery is made kerbside (kerbside delivery only), i.e. to the nearest public kerb at the delivery address, unless otherwise stated in the Seller's shipping information or otherwise agreed.

5.3

If delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs thereby incurred by the Seller.

This does not apply to the costs of the original delivery where the Customer validly exercises their statutory right of withdrawal.

Where the Customer validly exercises the right of withdrawal, the provisions of the Seller's Withdrawal Policy regarding the cost of returning the goods shall apply.

5.4

Where the Customer is a business customer, the risk of accidental loss or accidental deterioration of the goods passes to the Customer as soon as the Seller has delivered the goods to the freight forwarder, carrier or other person or organisation responsible for shipment.

Where the Customer is a consumer, the risk of accidental loss or accidental deterioration generally passes only when the goods are delivered to the Customer or to a person authorised to receive them.

However, this does not apply where the Customer has independently commissioned the freight forwarder, carrier or other person or organisation responsible for shipment and the Seller has not previously nominated that party.

5.5

The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply.

This applies only where the Seller is not responsible for the failure to supply and has concluded a specific covering transaction with its supplier using due care.

The Seller shall make all reasonable efforts to procure the goods.

If the goods are unavailable or only partially available, the Customer will be informed without undue delay and any payments already made will be refunded without undue delay.

5.6

Where the Seller offers collection of the goods, the Customer may collect the ordered goods during the Seller's stated business hours from the address specified by the Seller.

In this case, no shipping charges will be applied.

6) Retention of Title

Where the Seller performs in advance, ownership of the delivered goods shall remain with the Seller until the purchase price has been paid in full.

7) Statutory Liability for Defects (Warranty)

Unless otherwise provided below, the statutory provisions governing liability for defects shall apply. The following provisions apply instead to contracts for the supply of goods:

7.1

Where the Customer is a business customer:

• the Seller shall have the right to choose the method of remedy;

• in the case of new goods, the limitation period for claims relating to defects shall be one year from delivery of the goods;

• in the case of used goods, claims relating to defects are excluded;

• where replacement goods are supplied under the statutory warranty, the limitation period shall not recommence.

7.2

The above limitations of liability and reductions of limitation periods shall not apply:

• to claims for damages or reimbursement of expenses made by the Customer;

• where the Seller has fraudulently concealed a defect;

• to goods which, in accordance with their usual purpose, have been used for a building and have caused that building to be defective;

• to any obligation of the Seller to provide updates for digital products under contracts for the supply of goods with digital elements.

7.3

Furthermore, where the Customer is a business customer, the statutory limitation periods applicable to any statutory right of recourse shall remain unaffected.

7.4

Where the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (Handelsgesetzbuch – HGB), the commercial duty to inspect goods and notify defects pursuant to Section 377 HGB shall apply. If the Customer fails to comply with these notification obligations, the goods shall be deemed accepted.

7.5

Where the Customer is a consumer, they are requested to report any obvious transport damage to the carrier upon delivery and to notify the Seller accordingly. Failure to do so shall not affect the Customer's statutory or contractual rights in relation to defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1

The Seller shall have unlimited liability on any legal basis:

• in cases of intent or gross negligence;

• for intentional or negligent injury to life, body or health;

• under a guarantee, unless otherwise provided therein;

• where liability is mandatory under applicable law, including under the German Product Liability Act (Produkthaftungsgesetz).

8.2

Where the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies under the preceding paragraph.

Material contractual obligations are those obligations which the contract imposes on the Seller in order to achieve the purpose of the contract, whose fulfilment is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely.

8.3

Any further liability on the part of the Seller is excluded.

8.4

The above limitations of liability shall also apply to the Seller's employees, agents and legal representatives.

9) Applicable Law

9.1

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.

In the case of consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9.2

Furthermore, this choice of law regarding the statutory right of withdrawal shall not apply to consumers who, at the time the contract is concluded, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address at that time are outside the European Union.

10) Place of Jurisdiction

Where the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract.

Where the Customer's registered office is outside the Federal Republic of Germany, the Seller's registered office shall likewise be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from it relate to the Customer's trade or professional activities.

In the above cases, however, the Seller shall in all circumstances be entitled to bring proceedings before the court having jurisdiction at the Customer's registered office.

11) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.