General terms and conditions of business

Terms and conditions for purchase agreements concluded via the platform

www.rohr-stock.de

Between

Rohr-Stock, owner: Sebastian Strautmann, business address Hofbauers Kamp 24, 49545 Tecklenburg,

VAT identification number: DE338577602,

– hereinafter referred to as „provider“ –

and

the customer specified in § 2 of the contract

– hereinafter referred to as „customer“ –

be closed:

§ 1 Scope, Definitions

(1) The following General Terms and Conditions, in their version valid at the time of the order, apply exclusively to the business relationship between the "Provider" and the customer. Any differing terms and conditions of the customer are not recognized unless the Provider expressly agrees to their validity in writing.

(2) The customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or self-employed professional activity. In contrast, an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or self-employed professional activity.

§ 2 Conclusion of Contract

(1) The customer can select products, in particular clothes racks, wardrobes, and other accessories, from the supplier's product range and add them to a virtual shopping cart by clicking the "Add to cart" button. By clicking the "Place order" button, the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can view and change the data at any time. However, the order can only be submitted and transmitted if the customer accepts these terms and conditions by clicking the "Accept terms and conditions" button, thereby incorporating them into their order.

(2) The provider will then send the customer an automatic confirmation of receipt by e-mail, which lists the customer's order again and which the customer can print using the "Print" function.

(3) The automatic order confirmation merely documents that the customer's order has been received by the supplier and does not constitute acceptance of the offer. The contract is only concluded upon the supplier's declaration of acceptance, which is sent in a separate email (order confirmation). In this email, or in a separate email, but at the latest upon delivery of the goods, the contract text (consisting of the order, the terms and conditions, and the order confirmation) will be sent to the customer by us on a durable medium (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.

(4) The contract shall be concluded in German.

§ 3 Delivery, product availability

(1) Delivery times stated by us are calculated from the date of our order confirmation, provided that the purchase price has been paid in advance. Unless a different delivery time is specified for the respective goods in our online shop, it is up to 28 days. https://ec.europa.eu/consumers/odr

(2) If no copies of the product selected by the customer are available at the time of the order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing an acceptance of the order. In this case, no contract shall be concluded.

(3) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.

(4) The following delivery restrictions apply: The supplier only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country:

(a) Germany

(b) Member States of the European Union

Delivery outside of the aforementioned countries is not possible.

§ 4 Retention of Title

The delivered goods remain the property of the supplier until full payment has been received.

§ 5 Prices and shipping costs

(1) All prices quoted on the provider's website include the applicable statutory value added tax.

(2) The applicable shipping costs will be indicated to the customer in the order form and are to be borne by the customer unless the customer exercises their right of withdrawal. The price of parcel delivery depends on the weight and size of the parcel.

(3) The goods will be shipped at the seller's discretion either as a parcel via postal service or via freight forwarding.

(4) In the event of a cancellation, the customer shall bear the direct costs of returning the goods.

§ 6 Payment terms

(1) The customer can make payment in advance or via the payment services offered.

(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by calendar date, the customer is in default upon missing the deadline. In this case, the customer must pay the supplier default interest at a rate of 5 percentage points above the base interest rate per annum.

(3) The customer’s obligation to pay default interest does not preclude the supplier from claiming further damages for default.

§ 7 Warranty for defects, guarantee

(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For business customers, the warranty period for goods supplied by the supplier is 12 months.

(2) An additional guarantee for the goods supplied by the supplier exists only if it has been expressly stated in the order confirmation for the respective item.

§ 8 Liability

(1) The customer's claims for damages are excluded. This exclusion does not apply to claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for this type of contract if this was caused by simple negligence, unless the customer's claims for damages arise from injury to life, body or health.

(3) The limitations set out in paragraphs 1 and 2 shall also apply in favor of the provider’s legal representatives and agents if claims are brought directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods. The same applies if the supplier and the customer have reached an agreement regarding the quality of the goods. The provisions of the Product Liability Act remain unaffected.

§ 9 Cancellation Policy

(1) Consumers have a statutory right of withdrawal when concluding a distance contract, about which the provider informs them in accordance with the statutory model below. Paragraph (2) contains a model withdrawal form.

Cancellation policy

Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us (Rohr-Stock, owner: Sebastian Strautmann, business address: Hofbauers Kamp 24, 49545 Tecklenburg, email: bestellungen@rohr-stock.de) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but this is not obligatory.

To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of the revocation

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our standard, cost-effective option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement.

We may refuse reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You are only liable 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 their condition, properties and functionality.

The statutory right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer. This applies in particular to goods that have been custom-made by the supplier according to customer specifications.

End of the cancellation policy

(2) The provider shall provide information about the model withdrawal form as follows, in accordance with the legal regulations:

Sample cancellation form

(If you wish to cancel the contract, please fill out this form.)

(Send it back.)

— To [here is the name, address and, if applicable, fax number and

[Entrepreneur's email address to be inserted by the entrepreneur]:

— I/We (*) hereby revoke the contract concluded by me/us (*) concerning

the purchase of the following goods (*)/ the provision of the following service (*)

— Ordered on (*)/received on (*)

— Name of consumer(s)

— Address of the consumer(s)

— Signature of the consumer(s) (only for notifications on paper)

- Date

(*) Delete as appropriate

§10 Dispute Resolution

The European Commission has established an online platform for dispute resolution. This platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: https://ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

§ 11 Final Provisions

(1) Contracts between the provider and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer, as a consumer, has their habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider's place of business.

(3) The contract remains binding in its remaining parts even if individual provisions are legally invalid. Where applicable, statutory provisions shall replace the invalid provisions. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.

(As of August 2024)