terms and conditions
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 that you conclude with us as the provider (ROC products GmbH) via the website. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur 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 the contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we are making you a binding offer to conclude a contract under the terms and conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" at any time by clicking on the corresponding button in the navigation bar and make changes there.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before submitting your order, you have the opportunity to check all the details again, make changes (also using the "back" function of your internet browser) or cancel the purchase.
By submitting your order via the "Place order" button, you declare your legally binding acceptance of the offer, thereby concluding the contract.
(4) Your requests for quotations are non-binding for you. We will submit a binding quotation to you 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 required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided us with is correct, that the receipt of emails is technically ensured, and, in particular, that it is not prevented by spam filters.
§ 3 Customized goods
(1) You shall provide us with the appropriate information, texts, or files required for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract at the latest. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this connection.
(3) We do not check the transmitted data for accuracy and therefore accept no liability for errors.
§ 4 Special agreements regarding offered payment methods
(1) Payment by invoice and financing via Klarna Germany
In cooperation with Klarna, we offer you purchase on account and installment purchase as payment options. Please note that Klarna invoice and Klarna installment purchase are only available to consumers and that payment must be made to Klarna in each case.
Klarna invoice
When purchasing on account with Klarna, you always receive the goods first and have a payment period of 14 days. The complete terms and conditions for purchasing on account can be found here.
Klarna installment purchase
With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (minimum €6.95). Further information on Klarna installment purchases, including the general terms and conditions and European standard information for consumer credit, can be found here.
privacy notice Klarna checks and evaluates your data and, where there is a legitimate interest and reason, exchanges data with other companies and credit agencies. Your personal data will be treated in accordance with the applicable data protection regulations and as specified in Klarna's privacy policy.
(2) Payment by invoice via Klarna Austria
In cooperation with Klarna, we offer you purchase on account as a payment option.
The payment term for Klarna invoices is 14 days from the invoice date. The invoice
is issued when the goods are shipped and sent either by email or together with the goods.
Payment is made to Klarna. Please note that Klarna invoices are only available to consumers. Further information and Klarna's full terms and conditions for purchase on account can be found here.
Privacy notice
Klarna checks and evaluates your data and, where there is a legitimate interest and reason, exchanges data with other companies and credit agencies. Your personal data will be treated in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy. For more information about Klarna, visit www.klarna.at. Klarna AB, company and corporate number: 556737-0431
(3) Payment by "secupay credit card," "secupay direct debit," or "secupay purchase on account"
For the payment methods "secupay credit card," "secupay direct debit," or "secupay purchase on account," we irrevocably assign our claim for payment against you in full to secupay AG, Goethestr. 6, 01896 Pulsnitz. Before accepting the assignment, secupay AG will carry out a credit check using the data provided during the order process.
We reserve the right to refuse the selected 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 assignment and subsequently collect the payment via your credit card or by direct debit from your account. Your bank or credit card account will be debited upon completion of the order.
If the payment method "secupay purchase on account" is approved, secupay AG accepts the assignment and the ordered goods are shipped or delivered to you together with the invoice. The purchase price is due for payment to secupay AG, Goethestraße 6, 01896 Pulsnitz, Germany, 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 remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted before ownership of the goods subject to retention of title has been transferred.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount accruing to you from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty
(1) The statutory rights to liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions, and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by repair or replacement. If the defect cannot be remedied, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects 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 rectification, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transportation is not in accordance with the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction in the warranty period does not apply:
– for culpable damage attributable to us resulting from injury to life, limb, or health and for other damage caused intentionally or through gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
– for statutory recourse claims that you have against us in connection with warranty rights.
§ 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.
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II. Customer information
1. Identity of the seller
roc products GmbH
Hohe Bleichen 8
20354 Hamburg
Germany
Phone: 040 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 options for correction are carried out in accordance with the provisions of "Conclusion of the Contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the information required by law for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For requests for quotations outside the online shopping cart system, you will receive all contract data in writing as part of a binding quotation, e.g., by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices stated in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
5.3. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
5.4. Unless otherwise specified for individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
6. Delivery terms
6.1. The terms of delivery, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipping are at your own risk.
7. Statutory liability for defects
Liability for defects is governed by the"Warranty" provision in our General Terms and Conditions (Part I).