Terms of service
T&C
General Terms and Conditions
Table of Contents
1. Scope
2. Conclusion of Contract
3. Right of Cancellation
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Defect Liability (Warranty)
8. Alternative Dispute Resolution
1. Scope
These General Terms and Conditions (hereinafter "T&C") apply to all contracts for the delivery of goods concluded between a consumer or business (hereinafter "Customer") and us with respect to the goods displayed in our online shop. Any inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independently professional in nature. A business within the meaning of these T&C is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independently professional activity.
2. Conclusion of Contract
The product descriptions contained in our online shop do not constitute binding offers on our part, but serve as an invitation for the Customer to submit a binding offer.
The Customer may submit their offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods in the cart by clicking the button that finalises the order. The Customer may also submit their offer to us by e-mail or post.
We confirm receipt of the order immediately by means of an automatically generated e-mail (order acknowledgement). This does not yet constitute acceptance of the offer.
We may accept the Customer's offer within one week,
by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive.
If several of the above alternatives apply, the contract is concluded at the point in time when one of the above alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends their offer and ends upon expiry of one week following the sending of the offer. If we do not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
When an offer is submitted via our online order form, the contract text will be stored by us and sent to the Customer after their order is placed, along with the present T&C, in text form (e.g. e-mail, fax or letter). The T&C can also be viewed at any time at https://rohleder.at/agb/. For security reasons, the order data is no longer accessible via the internet.
Before submitting a binding order via our online order form, the Customer can identify any input errors by carefully reading the information displayed on screen. The browser's zoom function, which enlarges the display on screen, may be an effective technical means of identifying input errors more easily. The Customer can correct their entries at any point during the electronic ordering process using the standard keyboard and mouse functions, up until they click the button that finalises the order.
The contract is concluded exclusively in the German language.
Order processing and communication generally take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct, so that e-mails sent by us can be received at that address. In particular, when using spam filters, the Customer must ensure that all e-mails sent by us or by third parties engaged by us for order processing can be delivered.
The Customer's e-mail address is also used to provide the Customer with shipment tracking and delivery change options via our shipping partner.
3. Right of Cancellation
Consumers are generally entitled to a right of cancellation.
Further information on the right of cancellation can be found in our Cancellation Policy.
The right of cancellation does not apply to consumers who, at the time of concluding the contract, are not residents of a member state of the European Union and whose sole place of residence and delivery address at the time of concluding the contract are located outside the European Union.
4. Prices and Payment Terms
Unless stated otherwise in our product description, the prices indicated are total prices inclusive of statutory VAT.
The available payment methods will be communicated to the Customer in our online shop.
If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
If the Customer pays more than the stated total price, we will refund the excess amount to the Customer, less a transfer fee of EUR 2.50.
5. Delivery and Shipping Terms
Goods are delivered by post to the delivery address provided by the Customer, unless otherwise agreed. We do not deliver to DHL parcel stations or Deutsche Post branches. For orders placed via our online order form, the delivery address entered in the online order form is authoritative.
If the appointed carrier returns the dispatched goods to us because delivery to the Customer was not possible, the Customer shall bear the costs of the failed delivery attempt. This does not apply if the Customer is not responsible for the circumstance that made delivery impossible, or if they were temporarily unable to accept the offered service, unless we had notified them of the delivery a reasonable time in advance.
If the Customer is acting as a business, the risk of accidental loss or accidental deterioration of the sold goods passes to the Customer as soon as we have handed the goods over to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally passes to the Customer only upon handover of the goods to the Customer or an authorised recipient. By way of exception, the risk of accidental loss or accidental deterioration of the sold goods passes to the consumer Customer as well upon handover to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, if the Customer has engaged the freight forwarder, carrier, or other such person or institution themselves and we had not previously named that person or institution to the Customer.
6. Retention of Title
With respect to consumers, we retain title to the delivered goods until the purchase price owed has been paid in full.
With respect to businesses, we retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
If the Customer is acting as a business, they are entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties are hereby assigned by the Customer to us in advance in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The Customer remains authorised to collect the claims even after the assignment. Our right to collect the claims ourselves remains unaffected. However, we will not collect the claims for as long as the Customer meets their payment obligations to us, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.
7. Defect Liability (Warranty)
If the purchased item is defective, the statutory provisions on defect liability shall apply.
Customers are requested to report any obvious transport damage on delivered goods to the delivery person and to notify us accordingly. Failure to do so has no effect on the Customer's statutory or contractual warranty rights.
8. Alternative Dispute Resolution
The European Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.