General terms and conditions.

 

Table of Contents

  1. Scope of application

  2. Conclusion of contract

  3. Right of withdrawal

  4. Prices and terms of payment

  5. Delivery and shipping conditions

  6. Retention of title

  7. Liability for defects (warranty)

  8. Applicable law

  9. Jurisdiction

  10. Alternative dispute resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of ROWAC GmbH (hereinafter referred to as "seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "customer") with the seller with regard to the goods presented by the seller in their online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of this GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.

1.3 An entrepreneur within the meaning of this GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the course of his commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.

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 (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or

  • by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or

  • by requesting payment from the customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiration of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at: paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE 

Or - if the customer does not have a PayPal account - subject to the Terms and Conditions for Payments without a PayPal Account, which can be viewed at: paypal.com/de/webapps/mpp/ua/privacywax-full?locale.x=en_DE

If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When an offer is made via the seller's online order form, the text of the contract shall be stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller shall not make the text of the contract accessible beyond this.

2.6 Before a binding placement of the order via the seller's online order form, the customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The languages German and English are available for the conclusion of the contract.

2.8 Order processing and communication usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by them for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Cancellation

3.1 Customers are generally entitled to a right of cancellation.

3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

4) Price and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and delivery costs will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) shall be communicated to the customer in the seller's online shop.

4.4 If the credit card payment method via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method in the event of a negative credit check.

5) Delivery and Shipping Terms

5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of cancellation by the customer, the provision made in the seller's cancellation policy shall apply to the costs of returning the goods.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the shipping agent, the carrier or any other person or institution designated to carry out the delivery. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass to the customer or a person authorised to receive the goods when the goods are handed over to the customer. Notwithstanding the aforementioned, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the shipping agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the shipping agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or irregular availability of supplies and raw materials. This shall only apply in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the amount paid will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the seller provides the goods in advance, they retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 Unless otherwise stipulated in the following provisions, the provisions of the statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods:

7.2 If the client is acting as an entrepreneur,

  • the seller has the choice of the type of supplementary performance;

  • in the case of new goods, the limitation period for defects is one year from delivery of the goods;

  • in the case of used goods, rights and claims based on defects are excluded;

  • the limitation period shall not begin again if a replacement delivery is made within the scope of the liability for defects (warranty).

7.3 The aforementioned limitations of liability and shortening of deadlines do not apply:

  • to claims for damages and reimbursement of expenses of the customer,

  • in the event that the seller has fraudulently concealed the defect,

  • to goods which have been used in accordance with their customary use for a building and have caused its defectiveness,

  • to any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.

7.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), they shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

7.6 If the customer is acting as a consumer, he is requested to file a claim with the shipping agent for goods delivered with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this shall have no effect on their statutory or contractual warranty claims.

8) Applicable Law

All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their permanent place of residence.

9) Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a public separate estate with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer's registered office is outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller shall in any event be entitled to call upon the court at the customer's place of business.

10) Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.