Terms of Service
General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts you enter into with us as a supplier (ROC products GmbH) via the website. Unless otherwise agreed, the inclusion of any terms and conditions you may use is rejected.
(2) For the purposes of the following provisions, a consumer is considered to be any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity. An entrepreneur is considered to be any natural or legal person or 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 the contract
(1) The subject matter of the contract is the sale of goods.
(2) By publishing the relevant product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The products you wish to purchase are placed in the "shopping cart." Using the corresponding button in the navigation bar, you can access the "shopping cart" and make changes at any time.
After accessing the "Checkout" page and entering your personal data, as well as the payment and shipping conditions, all order details will be displayed again on the order summary page.
If you use an immediate payment system (e.g., PayPal/PayPal Express, Amazon Payments, Postpay, Sofort), you will be redirected to the order summary page of our online store or, first, to the website of the immediate payment system provider.
If you are redirected to the corresponding immediate payment system, select the appropriate option or enter your details. You will then be redirected back to the order summary page of our online store.
Before submitting the order, you will have the opportunity to check all the details again, change them (also using the "Back" function of your Internet browser) or cancel the purchase.
By submitting the order using the "Place order with obligation to pay" button, you declare your legally binding acceptance of the offer, thereby concluding the contract.
(4) Your requests for a quote are not binding on you. We will send you a binding quote in writing (e.g., by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information necessary in connection with the conclusion of the contract is carried out in part automatically by email. You must therefore ensure that the email address you have provided us with is correct, that the receipt of emails is technically guaranteed, and, in particular, that it is not prevented by spam filters.
§ 3 Customized products
(1) You shall provide us with the information, texts, or files necessary for the customization of the products via the online ordering system or by email, at the latest immediately after conclusion of the contract. Please note our possible specifications regarding file formats.
(2) You agree not to transmit data whose content infringes the rights of third parties (in particular, copyrights, name rights, trademark rights) or violates applicable laws. You expressly indemnify us against all claims by third parties asserted in this context. This also applies to the costs of legal representation necessary in this context.
(3) We do not verify the accuracy of the content of the data transmitted and therefore accept no responsibility for errors.
§ 4 Special agreements on payment methods offered
(1) Payment by invoice and financing through Klarna Germany
In collaboration with Klarna, we offer you purchase on account and installment purchase as payment options. Please note that Klarna invoicing and Klarna installment purchase are only available to consumers and that payment must be made to Klarna.
Klarna invoice
When you buy on account with Klarna, you will always receive the goods first and have a payment period of 14 days. Here you will find the full terms and conditions for buying on account.
Buy on credit with Klarna
With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (with a minimum of €6.95). You can find more information about buying on credit with Klarna, including the general terms and conditions and standard European consumer credit information, here.
data protection notice Klarna checks and evaluates the data you provide and, in cases of legitimate interest and justified reason, exchanges data with other companies and credit information agencies. Your personal data will be processed in accordance with current data protection regulations and in accordance with Klarna's privacy policy.
(2) Payment by invoice through Klarna Austria.
In collaboration with Klarna, we offer you the option of paying by invoice.
The payment term with Klarna is 14 days from the date of the invoice. The invoice
is issued when the goods are shipped and sent by email or with the goods.
Payment is made to Klarna. Please note that Klarna invoicing is only available to consumers. You can find more information and Klarna's full terms and conditions for purchasing on account here.
Klarna checks and evaluates the data you provide and, in cases of legitimate interest and justified reason, exchanges data with other companies and credit reporting agencies. Your personal data will be processed in accordance with current data protection regulations and in accordance with Klarna's privacy policy. For more information about Klarna, visit www.klarna.at. Klarna AB, company and registration number: 556737-0431
(3) Payment by "secupay credit card," "secupay direct debit," or "secupay purchase on account"
When using the payment methods "secupay credit card," "secupay direct debit," or "secupay purchase on account," we irrevocably assign our payment claim against you in full to secupay AG, Goethestr. 6, 01896 Pulsnitz, Germany. Before accepting the assignment, secupay AG performs a credit check using the data provided in the order.
We reserve the right to refuse the chosen payment method as a result of the credit check. You will be informed of this before submitting your order.
If the payment method "secupay credit card" or "secupay direct debit" is approved, secupay AG will accept the transfer and then charge the amount to your credit card or debit your account via direct debit. Your bank account or credit card will be charged when the order is completed.
If the "secupay purchase on account" payment method is approved, secupay AG will accept the assignment and the requested goods will be sent or delivered to you together with the invoice. The purchase price must be paid to secupay AG, Goethestraße 6, 01896 Pulsnitz, within 10 (ten) calendar days of delivery of the goods.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall also apply:
a) We retain ownership of the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the normal course of your business activities. In this case, you hereby assign to us all claims for the invoice amount corresponding to the resale, and we accept the assignment. You remain authorized to collect the debt. However, if you do not duly fulfill your payment obligations, we reserve the right to collect the debt ourselves.
c) In the event of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in proportion to the invoice value of the reserved goods in relation to the other processed items at the time of processing.
d) We undertake to release the collateral to which we are entitled at your request to the extent that the realizable value of our collateral exceeds the debt to be secured by more than 10%. The selection of the collateral to be released is at our discretion.
§ 6 Warranty
(1) Legal liability rights for defects exist.
(2) As a consumer, you are requested to check immediately upon delivery that the item is complete and free of obvious defects or transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to comply with this obligation will not affect your statutory warranty rights.
(3) If you are an entrepreneur, the following shall apply, derogating from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be considered as characteristics of the item, but not other advertisements, public promotions, and statements made by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by means of repair or replacement. If the defect cannot be remedied, you may, at your discretion, demand a price reduction or withdraw from the contract. The remedy of the defect shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of repair, we shall not be liable for any additional costs arising from the transfer of the goods to a location other than the place of performance, provided that such transfer does not correspond to the intended use of the goods.
c) The warranty period is one year from the date of delivery of the goods. The reduction in the warranty period does not apply:
– for damages attributable to us caused culpably by injury to life, physical integrity, or health, or for other damages caused intentionally or through gross negligence;
– to the extent that we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– in the case of items which, in accordance with their normal use, have been used for a construction project and have caused their defectiveness;
– in the case of legal rights of recourse that you have against us in connection with rights for defects.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of favorability).
(2) The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
___________________________________________________________________________
II. Customer information
1. Identity of the seller
roc products GmbH
Hohe Bleichen 8
20354 Hamburg
Germany
Phone: +4940 5247976 20
Email:service@roc-products.de
Managing Director: Aaron von der Born
HRB: 169665 Hamburg Local Court
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the possibilities for correction are carried out in accordance with the provisions on "Conclusion of the contract" in our General Terms and Conditions (Part I).
3. Language of the contract, storage of the contract text
3.1. The language of the contract is German.
3.2. We do not store the full text of the contract. Before sending the order via the online shopping cart system, the contract details can be printed or saved electronically using the browser's print function. Once we have received the order, we will email you the order details, the information legally required for distance contracts, and the general terms and conditions.
3.3. In the case of requests for offers outside the online shopping cart system, you will receive all contract details in a binding offer in text form, e.g., by email, which you can print or save electronically.
4. Essential characteristics of the product or service
The essential characteristics of the product and/or service are found in the corresponding offer.
5. Prices and payment methods
5.1. The prices indicated in the respective offers, as well as shipping costs, represent the total prices. They include all price components, including all applicable taxes.
5.2. Applicable shipping costs are not included in the purchase price. They can be viewed via a clearly labeled button on our website or in the corresponding offer, are indicated separately during the ordering process, and will be borne by you, unless free shipping has been agreed upon.
5.3. The payment methods available to you are indicated on a clearly identified button on our website or in the corresponding offer.
5.4. Unless otherwise specified in the various payment methods, payment claims arising from the contract concluded are payable immediately.
6. Delivery terms
6.1. The delivery conditions, delivery date, and, if applicable, existing delivery restrictions can be found under the corresponding button on our website or in the corresponding offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are delivered to you, regardless of whether the shipment is insured or not. This does not apply if you have contracted a transport company not designated by the entrepreneur or another person designated to carry out the shipment on your own behalf.
If you are a business owner, delivery and shipping are at your own risk.
7. Legal right of liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).