General terms and conditions of business
General Terms and Conditions (GTC) and consumer information of Rockbros Sport GmbH
1 Scope
1.1 These terms and conditions of "Rockbros Sport GmbH" (hereinafter "Seller") apply to all contracts concluded between the customer and the seller regarding the products and/or services presented in the seller's online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 Customers within the meaning of Section 1.1 include both consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur, in contrast, is any natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
2 Conclusion of contract
2.1 The product presentations contained in the Seller’s online shop serve to submit a legally binding offer by the Customer.
2.2 The customer can submit the offer in writing, by email, or, if available, via the online order form integrated into the seller's online shop. When placing an order via the online order form, the customer submits a legally binding contractual offer for 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 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 submitted, and can also be corrected there using the usual keyboard and mouse functions.
2.3 The Seller will confirm receipt of the Customer's offer immediately by electronic means (email). The Seller may accept the Customer's offer by sending a written (letter) or electronically transmitted (email) order confirmation or by delivering the goods within five days. The Seller reserves the right to refuse acceptance of the order.
2.4 We save the contract text and send you the order details via email. You can view the Terms and Conditions here at any time. You can view your past orders in our customer login area.
2.5 Order processing and contact will take place via email and 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 at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or 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 his or her 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 any reason.
revoke.
The cancellation period shall be 14 days from the day on which you or a person authorized by you
designated third party other than the carrier takes possession of the last goods
have or has.
Notwithstanding this, the withdrawal period in the case of a contract for regular
Delivery of goods over a specified period of fourteen days from the
Day on which you or a third party other than the carrier designated by you receives the
have or has taken possession of the first goods.
To exercise your right of withdrawal, you must contact us (Rockbros Sport GmbH, Goethestraße 11E,
15234 Frankfurt (Oder), Germany, Tel.: 0049 335 66590571 , E-Mail: service@rockbrosbike.de)
by means of a clear statement (e.g. a letter sent by post or email)
of your decision to withdraw from this contract. You may use the attached model withdrawal form, although this is not mandatory. To comply with the withdrawal period,
It is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation. If you cancel this contract, we will immediately refund all payments we have received from you. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
End of the cancellation policy
General information
Please avoid damaging or contaminating the goods. Please return the goods to us in their original packaging, if possible, with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure that you use suitable packaging to adequately protect it from transport damage. If possible, please do not return the goods freight collect. 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
We offer free returns for orders within Germany only if the reason for return is due to a Lack of quality (e.g. damaged goods, malfunction) .
For returns from personal reasons (e.g. size doesn't fit, item doesn't suit, doesn't meet expectations) The return costs must be borne by the customer .
5 Prices and payment terms
5.1 The prices stated by the Seller are final prices, meaning they include all price components, including statutory German sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description in the offer. Additional costs may be incurred 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 description in the offer:
Prepayment by
-Transfer
-PayPal
-Klarna
5.3 If delivery abroad is also offered for the respective product, the customer has the following payment options for deliveries abroad, unless otherwise stated in the respective product description in the offer:
Prepayment by
-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 acknowledged by the seller.
5.6 The customer may only exercise a right of retention if the claims arise from the same contractual relationship.
6 Delivery and shipping conditions
6.1 Goods are generally delivered by post to the delivery address provided by the customer. The delivery address provided by the customer during the order processing in the Seller's online shop is decisive for the processing of the transaction. Even if PayPal is selected as the payment method, the delivery address stored by the customer with PayPal is not decisive. If no separate delivery address is provided, the billing address shall be deemed the delivery address.
6.2 If delivery to the customer is not possible, the commissioned transport company will return the goods to the seller, whereby the customer shall bear the costs for the unsuccessful delivery attempt. This does not apply if the customer is not responsible for the unsuccessful delivery attempt or if the customer exercises his right of withdrawal as a result.
6.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods passes upon handover to the customer or an authorized person. If the customer is an entrepreneur (acting in the exercise of his commercial or independent professional activity; Section 14 of the German Civil Code (BGB)), the risk of accidental loss and accidental deterioration in the case of a sale by dispatch passes upon delivery of the goods to a suitable carrier at the seller's place of business.
6.4 In relation to an entrepreneur, all agreed delivery periods are subject to correct and timely self-supply in cases where the seller has concluded a specific hedging 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 the purchased item is defective, the statutory provisions shall apply. The following shall apply:
8.2 For businesses, a minor defect generally does not give rise to any claims for defects. If the seller has the choice of subsequent performance, the limitation period for defects for new goods is one year from the transfer of risk. If rights and claims due to defects are generally excluded for used goods, the limitation period does not begin again if a replacement delivery is made within the scope of the 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 pursuant to Section 478 of the German Civil Code (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 limitations of liability in clauses 9.1 and 9.2 do not apply to claims for damages and reimbursement of expenses that the buyer may assert under statutory provisions due to defects. Clause 9.1 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 or she is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.
8.7 If the customer is a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.
8.8 If subsequent performance is effected by way of replacement delivery, the customer is obligated to return the initially delivered goods to the seller within 30 days at the seller's expense. The return of the defective goods must be carried out in accordance with statutory provisions.
8.9 The assignment of the customer’s claims for defects is excluded.
9 Liability
9.1 The Seller shall be liable without limitation 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 fraudulent intent and warranty promises and if liability is based on mandatory statutory provisions, such as the Product Liability Act.
9.2 Furthermore, the Seller shall be liable, regardless of the legal basis, as follows:
9.2.1 If the seller negligently breaches a material contractual obligation (so-called cardinal obligation), liability for material damage is limited to the foreseeable, typically occurring average damage. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the customer may regularly rely.
9.2.2 If the Seller has negligently breached an immaterial contractual obligation, the liability for compensation shall be limited to the order value.
10 Notes on data processing
10.1 The provider collects customer data as part of contract processing. Customer-related data processing is carried out by the service provider "MBB Logistics" (MBB LOGISTICS SP. Z OO, 69-100 SŁUBICE, Poland). Personal data will be 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 privacy policy of MBB LOGISTICS SP. Z OO can be viewed at the following link: https://www.mbblogistics.pl/polityka-prywatnosci/ . Furthermore, the customer's personal data will be passed on to the transport company commissioned with the delivery as part of contract processing, insofar as this is necessary for the delivery of 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 execution 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 accordance with retention periods under tax and commercial law. However, after these periods have expired, the data will be deleted 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 right to access, change, or delete the data stored about him 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 require your customer data. If you are already a customer, you can easily log in using your email address and personal password. The data stored in the cookie saves you from having to fill out forms. You can also manage the acceptance of cookies from this site in your browser program and block them if necessary. You can do this in Internet Explorer 6.x as follows:
Tools>Internet Options>Privacy>Advanced>Disable automatic cookie handling>each ("Prompt")>OK>OK
11 Applicable law
11.1 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. For consumers, this choice of law applies only 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 shall be the Seller's registered office. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if their place of residence or habitual abode is unknown at the time the action is filed. The right to also bring the case before a court at another statutory place of jurisdiction remains unaffected.
11.3 Dimensions stated in the item description are approximate.
11.4 The contract language is German.