Terms of Use

Terms and Conditions and Customer Information

I. General Terms and Conditions of Sale

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts you enter into with us as the supplier (ROC products GmbH) via the website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is rejected.

(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that are not primarily attributable to their commercial or self-employed professional activity. A business is any natural or legal person or partnership with legal capacity that, when entering into a legal transaction, acts in the course of its self-employed professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject matter of the contract is the sale of goods.

(2) As soon as the product in question is listed on our website, we are making you a binding offer to enter into a contract under the terms and conditions specified in the product description.

(3) The contract is concluded via the online shopping cart system as follows:
The items you wish to purchase are placed in the “shopping cart.” You can access the “shopping cart” at any time by clicking the corresponding button in the navigation bar and make changes there.
After accessing the “Checkout” page and entering your personal information as well as the payment and shipping terms, all order details are displayed again on the order summary page.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Postpay, Sofort), you will be redirected either to the order summary page in our online store or to the website of the instant payment system provider.
If you are redirected to the corresponding instant payment system, you must make the appropriate selection or enter your details there. You will then be redirected to the order summary page in our online store.
Before submitting your order, you have the option to review all information, make changes (including via your browser’s “back” button), or cancel your purchase.
By submitting the order via the “Order with Obligation to Pay” button, you make a legally binding declaration of acceptance of the offer, which results in the conclusion of the contract.

(4) Your requests for quotes are non-binding. We will provide you with a firm written offer (e.g., via email), which you may accept within 5 days.

(5) Order processing and the transmission of all information necessary for the conclusion of the contract are carried out in part automatically via email. You must therefore ensure that the email address you have provided to us is correct, that you can technically receive emails, and, in particular, that they are not blocked by a spam filter.

§ 3 Customized merchandise

(1) You must provide us with the information, text, or files necessary to customize the merchandise via the online ordering system or by email no later than immediately after the contract is concluded. Any specifications we provide regarding file formats must be followed.

(2) You agree not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, and trademark rights) or violates applicable laws. You expressly release us from any liability with respect to claims by third parties in this context. This also applies to any legal representation costs incurred in this context.

(3) We do not verify the accuracy of the data provided and assume no liability for any errors.

§ 4 Special provisions regarding the available payment methods

(1) Payment by invoice and financing through Klarna Germany
In partnership with Klarna, we offer purchase by invoice and installment plans as payment options. Please note that Klarna invoices and Klarna installment plans are available only to consumers, and payment must be made to Klarna.

Klarna Invoice
When you purchase on invoice with Klarna, you always receive the merchandise first and always have 14 days to pay. You can find the full terms and conditions for purchasing on invoice here.

Klarna Installment Plan
With Klarna's financing service, you can pay for your purchases 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 the Klarna Installment Plan here, including the terms and conditions and standard European consumer credit information.

Data Protection Notice
Klarna verifies and evaluates the information you provide and, where there is a legitimate interest and a valid reason, shares data with other companies and credit bureaus. Your personal data is processed in accordance with applicable data protection regulations and the information provided in Klarna’s Privacy Policy.

(2) Payment by invoice via Klarna Austria
In collaboration with Klarna, we offer purchase by invoice as a payment option.
The payment term for Klarna invoices is 14 days from the invoice date. The invoice
is issued upon shipment of the goods and sent either by email or with the goods.
Payment is made to Klarna. Please note that Klarna invoices are available only to consumers. You can find further information and Klarna’s complete terms and conditions regarding purchase on invoice here.

Data Protection Notice
Klarna verifies and evaluates the data you provide and, where there is a legitimate interest and valid grounds, shares data with other companies and credit bureaus. Your personal data is processed in accordance with applicable data protection regulations and the information provided in Klarna’s privacy policy. For more information about Klarna, visit www.klarna.at. Klarna AB, corporate and tax ID number: 556737-0431

(3) Payment by “secupay credit card,” “secupay direct debit,” or “secupay invoice purchase”
For the payment methods “secupay credit card,” “secupay direct debit,” or “secupay invoice purchase,” we fully and irrevocably assign our claim against you to secupay AG, Goethestr. 6, 01896 Pulsnitz. Before accepting the assignment, secupay AG conducts a credit check using the data provided during the order process.
We reserve the right to deny you the selected payment method following the credit check. You will be notified of this before submitting your order.
If the “secupay credit card” or “secupay direct debit” payment method is accepted, secupay AG accepts the assignment and then debits the amount from your credit card or via direct debit from your account. Your bank account or credit card will be debited upon completion of the order.
If the "secupay purchase on account" payment method is accepted, secupay AG accepts the assignment and the ordered goods are sent or delivered to you along with the invoice. The purchase price is payable within 10 (ten) calendar days following delivery of the goods to secupay AG, Goethestraße 6, 01896 Pulsnitz.

§ 5 Right of retention, retention of title

(1) You may exercise a right of retention only to the extent that the claims arise from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are a business owner, the following provisions also apply:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been paid in full. Prior to the transfer of title to the goods subject to retention of title, no pledging or transfer as security is permitted.

b) You may resell the goods in the ordinary course of your business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claim. However, if you fail to properly fulfill your payment obligations, we reserve the right to collect the receivable ourselves.

(c) In the event that the goods subject to retention of title are combined or mixed with other items, we shall acquire co-ownership of the new product in proportion to the invoiced value of the goods subject to retention of title relative to the other items processed at the time of processing.

(d) We agree to release the collateral held by us at your request to the extent that the realizable value of our collateral exceeds the secured claim by more than 10%. The choice of which collateral to release is at our discretion.

§ 6 Warranty

(1) The statutory rights regarding liability for defects apply.

(2) As a consumer, you are requested to check the shipment immediately upon delivery to ensure that the goods are complete, free of visible defects, and undamaged by shipping, and to report any complaints to us and the carrier as soon as possible. Failure to do so does not affect your statutory warranty rights.

(3) If you are a business owner, the following provisions apply in lieu of the warranty provisions above:

(a) Only our own information and the manufacturer’s product description shall be deemed to constitute the agreed quality of the goods, to the exclusion of any other advertising, public promotion, or statement by the manufacturer.

b) In the event of defects, we provide a warranty at our discretion in the form of repair or replacement. If the repair of the defect fails, you may, at your discretion, request a price reduction or terminate the contract. Repair of the defect is deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of repair, we are not obligated to bear the additional costs incurred by transporting the goods to a location other than the place of performance, to the extent that such transport 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 caused by our fault and resulting from injury to life, limb, or health, as well as 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;
– for items that were used in accordance with their customary use for a particular project and caused its defect;
– for any statutory recourse rights you have against us in connection with claims for defects.

§ 7 Choice of applicable law, place of performance, competent court

(1) German law applies. For consumers, this choice of applicable law applies only to the extent that it does not deprive the consumer of the protection afforded by the mandatory provisions of the law of the country in which the consumer has his or her habitual residence (principle of favor).

(2) The place of performance for all services arising from existing business relationships with us, as well as 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 domicile or habitual residence is unknown at the time the action is brought. The right to also bring the action before a court in another place of jurisdiction remains unaffected.

(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods are expressly excluded.

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II. Customer Information

1. Seller's Information

roc products GmbH
Hohe Bleichen 8
20354 Hamburg
Germany
Phone: +4940 5247976 20
E-mail:service@roc-products.de

CEO: Aaron von der Born
Commercial Register No.: 169665 Hamburg Local Court

Alternative Dispute Resolution:
The European Commission provides an online platform for alternative dispute resolution (ODR platform), available at https://ec.europa.eu/odr.

2. Information regarding the conclusion of the contract

The technical steps leading up to the conclusion of the contract, the conclusion of the contract itself, and the options for correction are governed by the “Conclusion of the Contract” provisions of our Terms and Conditions (Part I).

3. Language of the contract, recording of the contract text

3.1. The language of the contract is German.

3.2. We do not retain the full text of the contract. Before submitting the order via the online shopping cart system, you can print or save the contract details electronically using your browser’s print function. After we receive the order, we will email you the order details, the legal information required for distance contracts, and the general terms and conditions of sale.

3.3. For requests for quotes outside of the online shopping cart system, you will receive all contract details as part of a binding offer in writing, for example via email, which you can print or save electronically.

4. Key features of the product or service

The key features of the product and/or service are listed in the corresponding offer.

5. Price and Payment Terms

5.1. The prices listed in the respective offers, as well as shipping costs, represent the total prices. They include all components of the price, including all applicable taxes.

5.2. Applicable shipping costs are not included in the purchase price. They can be viewed by clicking the corresponding button on our website or in the relevant offer, are listed separately during the ordering process, and are your responsibility, unless free shipping has been promised.

5.3. The payment methods available to you are listed under the corresponding button on our website or in the relevant offer.

5.4. Unless otherwise specified for the various payment methods, amounts due under the contract are payable immediately.

6. Shipping Terms

6.1. The delivery terms, delivery date, and, if applicable, any delivery restrictions are listed under the corresponding button on our website or in the relevant offer.

6.2. If you are a consumer, the law provides that the risk of accidental loss or accidental damage to the goods sold during shipment is not transferred to you until the goods are delivered to you, regardless of whether the shipment is insured or not. This does not apply if you have, on your own initiative, commissioned a carrier not designated by the seller or another person responsible for carrying out the shipment.

If you are a business owner, delivery and shipping are at your own risk.

7. Statutory Warranty

Liability for defects is governed by the “Warranty” section of our Terms and Conditions (Part I).