Conditions

ROCKBROS LOGO

General terms and conditions of business

General terms and conditions (GTC) and consumer information from Rockbros Sport GmbH

1 Scope

1.1 These terms and conditions of "Rockbros Sport GmbH" (hereinafter referred to as "Seller") apply to all contracts that the customer concludes with the seller with regard to the products and/or services presented in the seller's online shop. This includes the inclusion of our own terms and conditions of the customer, unless otherwise agreed.

1.2 Customers within the meaning of Section 1.1 are both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or independent professional activity. An entrepreneur, on the other hand, is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

2 Conclusion of contract

2.1 The product representations contained in the seller's online shop serve to make a legally binding offer by the customer.

2.2 The customer can submit the offer in writing, by email or, if available, using the online order form integrated in the seller's online shop. When ordering via the online order form, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart after entering their personal data and clicking the "Order" button in the final step of the ordering process. Before the order is bindingly submitted, all entries can be continuously corrected using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.

2.3 The seller will immediately confirm receipt of the customer's offer electronically (e-mail). The seller can accept the customer's offer by means of a written (letter) or electronically transmitted (e-mail) order confirmation or by delivering the goods within five days. The seller is entitled to refuse to accept the order.

2.4 We save the contract text and send you the order details by email. The terms and conditions can be viewed at any time here. You can view your past orders in our customer login area.

2.5 Order processing and contact take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3. Right of withdrawal for consumers

(Consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity)

Start of the cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving reasons
withdraw.
The cancellation period is 14 days from the day on which you or one of you
a named third party who is not the carrier takes possession of the last goods
have or has.
Deviating from this, the cancellation period in the case of a contract is the regular one
Delivery of goods over a fixed period of fourteen days from
The day on which you or a third party named by you who is not the carrier
have or have taken possession of the first goods.
In order to exercise your right of withdrawal, you must contact us (Rockbros Sport GmbH, Goethestrasse 11E,
15234 Frankfurt (Oder), Germany, Tel.: 0049 176 24032100, Email: service@rockbrosbike.de)
by means of a clear statement (e.g. a letter sent by post or email)
inform you about your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory. Enough to meet the cancellation period
This means that you send the notification of your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation. If you cancel this contract, we will have to pay you any payments we receive from you
received, including delivery costs (except for additional costs,
which results from you using a different type of delivery than ours
If you have chosen the cheapest standard delivery offered), immediately and at the latest
to be repaid within fourteen days from the day on which the notification of your
Revocation of this contract has been received by us. We use this for this repayment
the same payment method you used in the original transaction,
unless something else has been expressly agreed with you; in no case
You will be charged fees for this repayment. We can the
Refuse repayment until we have received the goods back or until you
have provided evidence that you have returned the goods, depending on
which is the earlier point in time.
You must deliver the goods to us or to (2211A)MBB Logistics(The third party of Warehouse), Lithuanian Str. 10, immediately and in any case no later than 14 days from the day on which you notify us of your cancellation of this contract. 15234, Frankfurt (Oder), Germany to return or hand over. The deadline is met if you send the goods before the deadline of 14 days has expired. You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion or premature expiry of the right of withdrawal: The right of withdrawal expires prematurely in contracts for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery.
The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.

End of revocation

General information

Please avoid damage and contamination of the product. If possible, please send the goods back to us in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging. If possible, please do not send the goods back to us carriage paid. Please note that the above paragraphs are not a prerequisite for the effective exercise of the right of withdrawal.

4 Return costs when exercising the right of withdrawal

Items that can be sent as parcels/forwarded goods must be returned at our risk. You as the customer bear the costs of the return.

5 Prices and payment terms

5.1 The seller's stated prices are final prices, meaning they include all price components, including statutory German sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product presentation in the offer. Additional costs may arise in individual cases for cross-border deliveries, such as additional taxes and/or duties, for example in the form of customs duties.

5.2 For deliveries within Germany, the seller offers the following payment options, unless otherwise stated in the respective product presentation in the offer:

Advance payment via

-Transfer
-PayPal
-Klarna

5.3 If shipping abroad is also offered for the respective product, the customer has the following payment options for deliveries abroad, unless otherwise specified in the respective product presentation in the offer:

Advance payment via

-Transfer
-PayPal
-Klarna

5.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

5.5 The customer is only entitled to offset if the counterclaim is undisputed, legally established or recognized by the seller.

5.6 The customer can only exercise a right of retention if it concerns claims from the same contractual relationship.

6 Delivery and shipping conditions

6.1 Goods are regularly delivered by shipping and to the delivery address specified by the customer. When processing the transaction, the delivery address specified by the customer in the seller's shop order processing is decisive. Even if the PayPal payment method is selected, the delivery address provided by the customer with PayPal is not relevant. If no separate delivery address is specified, the invoice address is considered the delivery address.

6.2 If delivery to the customer is not possible, the commissioned transport company will send the goods back to the seller, whereby the customer must bear the costs for the unsuccessful delivery. This does not apply if the customer is not responsible for the unsuccessful delivery attempt or if he thereby exercises his right of cancellation.

6.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer or a person authorized to receive them upon handover. If the customer is an entrepreneur (acting in the exercise of his commercial or independent professional activity; § 14 BGB), the risk of accidental loss and accidental deterioration in the case of a mail order purchase passes with the delivery of the goods to a suitable location at the seller's place of business Transport person over.

6.4 For an entrepreneur, all agreed delivery times apply, subject to correct and timely self-delivery in cases in which the seller has concluded a specific cover transaction and is not responsible for the lack of availability.

7 Retention of title

7.1 The goods delivered by the seller remain the property of the seller until full payment has been made.

8 Liability for Defects

8.1 If there is a defect in the purchased item, the statutory regulations apply. Deviating from this:

8.2 For entrepreneurs, an insignificant defect generally does not give rise to claims for defects. If the seller has the choice of the type of supplementary performance, the limitation period for defects for new goods is one year from the transfer of risk. If the rights and claims due to defects are fundamentally excluded for used goods, the statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.

8.3 For consumers, the limitation period for claims for defects in new goods is two years from delivery of the goods to the customer.
for used goods, one year from delivery of the goods to the customer.

8.4 For entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected; the same applies to entrepreneurs and consumers in the event of an intentional breach of duty and fraudulent concealment of a defect.

8.5 Furthermore, for entrepreneurs and consumers, the above liability limitations in Section 9.1 and Section 9.2 do not refer to claims for damages and reimbursement of expenses that the buyer can assert due to defects in accordance with the statutory provisions. Paragraph applies to these claims

8.6 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to inspect and report complaints in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.

8.7 If the customer is a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

8.8 If the subsequent fulfillment takes place by way of replacement delivery, the customer is obliged to return the goods that were first delivered to the seller within 30 days at the seller's expense. The defective goods must be returned in accordance with legal regulations.

8.9 The assignment of the customer's claims for defects is excluded.

9 Liability

9.1 The seller is fully liable for any legal reason in the event of injury to life, body or health, in the event of intent or gross negligence, in the event of fraud and guarantee promises and if liability is based on mandatory legal regulations, such as the Product Liability Act.

9.2 Otherwise, the seller is liable for whatever legal reason as follows:

9.2.1 If the seller has negligently breached an essential contractual obligation (so-called cardinal obligation), the obligation to pay compensation for property damage is limited to the foreseeable, typically occurring average damage. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.

9.2.2 If the seller has negligently breached an insignificant contractual obligation, the obligation to pay compensation is limited to the order value.

10 information on data processing

10.1 The provider collects customer data as part of the processing of contracts. Customer-related data processing is carried out by the service provider "MBB Logistics" (MBB LOGISTICS SP. Z OO in 69-100 SŁUBICE, Poland). Personal data is passed on to "MBB Logistics" exclusively for the purpose of processing the customer's online order. Details on data protection at MBB Logistics and the data protection declaration of MBB LOGISTICS SP. Z OO can be viewed at the following link: https://www.mbblogistics.pl/polityka-prywatnosci/ . The customer's personal data will also be passed on to the transport company commissioned with the delivery as part of the contract processing, to the extent that this is necessary to deliver the goods.
Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of teleservices.
After the contract has been fully processed and the purchase price has been paid in full, the customer's data will be stored in consideration of tax and commercial law retention periods, but will be deleted after these periods have expired, unless the customer has expressly consented to the further use of his data

10.2 Without the customer's consent, the provider will not use the customer's data for advertising, market or opinion research purposes.

10.3 The customer has the opportunity to access, change or delete the data we have stored at any time upon request. Please contact rockbrosbikeffo@gmail.com or send us your request by post.

10.4. Notes on cookies:
In this shop, cookies store information about the contents of your shopping cart, which can then be accessed on your next visit. If you would like to register with us or place an order, we need your customer data. If you are already a customer of ours, you can easily log in using your email address and your personal password. The data stored in the cookie makes it unnecessary for you to fill out the forms. You can also manage and, if necessary, block the acceptance of cookies from this site in your browser program. You can do this as follows with Internet Explorer 6.x:

Tools>Internet Options>Privacy>Advanced>Cancel automatic cookie handling>each (“Command Prompt”)>OK>OK


11 Applicable Law

11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

11.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if his place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

11.3 Dimensions written in the item description are approx.

11.4 The contract language is German.