General Terms and Conditions

Version as of: June 2020

General Terms and Conditions of ROX Hamann GmbH ROX-Webshop/ Amazon

§1 Applicability to consumers and definitions of terms
(1) The following General Terms and Conditions apply to all orders placed in the online shop "rox-tradition.de - Amazon", hereinafter referred to as "ROX-Internetshop at Amazon", and delivery and payment between the

ROX Hamann GmbH
Hagenheimer Str. 20
Hofstetten
D-86928

and a consumer in their version valid at the time of the order.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity (§ 13 BGB).
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our General Terms and Conditions is hereby already objected to.
(4) The contract language is exclusively German.

§2 Conclusion of a contract, storage of the text of the contract
(1) The following regulations on the conclusion of the contract apply to orders placed via our internet shop https://rox-tradition.de/.

(2) In the event of conclusion of the contract, the contract shall be concluded with
ROX Hamann GmbH
Hagenheimer Str. 20
D-86928 Hofstetten

Commercial register number:14838
VAT ID:DE150927601
Company representative: Peter Hamann
Phone number: +49 (0)8196 750

concluded.

(3) The presentation of the goods in our ROX internet shop on Amazon does not constitute a legally binding offer of contract on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.
(4) Upon receipt of an order in the ROX internet shop at Amazon, the following regulations apply: The consumer makes a binding offer to enter into a contract by successfully completing the order procedure provided in this online shop.

The order is placed in the following steps:
a) Selection of the desired goods by clicking the button "Add to shopping cart".
b) Checking the shopping cart by clicking on the button "View shopping cart" in the menu bar.
c) Continuation of the order by clicking on the button "Proceed to checkout".
d) Entering the billing and delivery address
e) Selecting the shipping method
f) Selection of the payment method
f) Selecting "Buy now" in the "Please check your order" window
g) By bindingly sending the order by clicking the "Buy now" button, you are making a binding purchase offer in accordance with § 145 BGB (German Civil Code).

A voucher may be redeemed in the shopping basket and on the checkout page.

After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
Before sending the binding order, the ordering party can return to the website on which the customer's details are recorded and correct input errors or cancel the order process by closing the internet browser by pressing the "Back" button contained in the internet browser used by him after checking his details. The ordering party confirms receipt of the order immediately by an automatically generated e-mail (order confirmation [order number] for your order in the ROX Internet shop at Amazon.

A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we dispatch the goods to you - without prior express declaration of acceptance. Exception: in the case of payment in advance and PayPal, the acceptance of the order takes place immediately with your order.

(5) The text of the contract will be stored in accordance with the legal requirements when the order is placed. Consumers will receive an email from Amazon with the order data, the cancellation policy and the GTC, which can be downloaded via a link -> https://www.amazon.de/help/terms-of-use. The invoice is then available for download at Amazon, but will also be sent with the shipment.

§3 Prices, shipping costs, payment, due date/ default
(1) The prices stated include the statutory value added tax and other price components. In addition, there are any shipping costs, which are indicated in the shopping cart and on the checkout page.
(2) The consumer has the option to pay via Amazon Payment, credit card, direct debit or PayPal.


If the consumer has chosen
payment by direct bank transfer, i.e. payment in advance, he undertakes to pay the purchase price immediately after conclusion of the contract.

(3) The selection of the respective available payment methods is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods, e.g. only advance payment to hedge our credit risk.
(a) If you choose payment in advance, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days after receipt of the order confirmation.
 
(b) If you pay by EC card, the purchase price will be reserved on your credit card at the time of the order (authorisation). The actual charge to your credit card account will be made at the time we ship the goods to you.

(c) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.

(d) In the case of payment by direct debit, you may be liable for any costs incurred as a result of a chargeback of a payment transaction due to a lack of funds in your account or due to incorrect bank details provided by you.
(4) If you are in default with a payment, you are obliged to pay the statutory interest on arrears in the amount of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 4.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.

§4 Set-off/ Right of retention
(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.

§5 Delivery
(1) Unless clearly stated otherwise in the product description, all items offered are ready for immediate dispatch. Delivery will be made within 5 working days at the latest. In the case of payment by direct bank transfer or PayPal, the delivery period begins on the day after the payment order to the bank commissioned with the transfer, and for all other payment methods on the day after conclusion of the contract.
 
If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.

(2) We are exceptionally not obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and that you were informed of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the case of corresponding unavailability of the goods, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
 
(3) If you are an entrepreneur within the meaning of § 14 BGB, the following shall apply in addition:
-   retain title to 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, a pledge or transfer of ownership by way of security is not permitted.
-  u may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount which accrue to you from the resale. We accept the assignment, but you are authorised to collect the claims. Insofar as you do not properly fulfil your payment obligations, we reserve the right to collect claims ourselves.
-   the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
-   undertake to release the securities to which we are entitled upon request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.

§6 Transfer of risk
The risk of accidental loss and accidental deterioration of the sold item shall not pass to the buyer until the item is handed over to the buyer, even in the case of sale by delivery to a place other than the place of performance.

§7 Retention of title
We retain ownership of the goods until the purchase price has been paid in full.

§8 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 of the German Civil Code (BGB), the period of liability for warranty claims for used items is - in deviation from the statutory provisions - 3 months. This limitation does not apply to claims based on damages resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to Section 438 (1) No. 3 of the German Civil Code (BGB).
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:
-  ly our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
-  u are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
-   the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or replacement delivery (subsequent performance). In the event of subsequent improvement, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
-   the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.
-  e warranty period is one year from delivery of the goods.

§ 9 Cancellation policy
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. if you make the purchase for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity, you have a right of revocation in accordance with the following provisions.
Right of withdrawal
(1) You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period shall apply from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
(2) To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
(3) In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
(1) If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
(2) You shall bear the direct costs of returning the goods.
(3) You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
Sample cancellation form
 
If you wish to cancel the contract, please complete this form and return it to us either by post or by email: vertrieb@rox.de.
To:
ROX Hamann GmbH
Hagenheimer Str. 20
D-86928 Hofstetten
 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
 
Ordered on (*) /received on (*)
 
Name of the consumer(s):
 
Address of the consumer(s):

Callback number of the consumer(s):
 
Signature of the consumer(s) (only in the case of notification on paper)
 
 
Date
 
 
(*) Delete as applicable
End of the cancellation policy
 
(1) The right of withdrawal does not apply to the delivery of
-   goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and name, etc. ),
-  aled goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
-   goods if these have been inseparably mixed with other goods after delivery due to their nature,
-   sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
-   newspapers, periodicals or magazines with the exception of subscription contracts.
(2) Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to defective packaging.
(3) Please call us on +49 (0)8196 750 before returning the goods to announce the return. In this way you enable us to allocate the products as quickly as possible.
(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

§ 10 Transport damage
(1) If goods are delivered with obvious transport damage, please complain about such faults immediately to the delivery company and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

§ 11 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of the damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.

§ 12 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without having to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
We will endeavour to resolve any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.

§ 13 Customer service
Our customer service is available for questions, complaints and claims at
vertrieb@rox.de.

§ 14 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between you and us.

Status of the GTC June 2020