– Please note that is an automatic translation from the original stated in German –
The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to all purchase contracts of ROOQ GmbH (hereinafter referred to as “ROOQ”) based on online orders placed via the online store as well as to all subscriptions concluded for the Coaching Zone at www.rooq.de. Terms and conditions of the customer do not apply, even if they are not expressly contradicted.
2 Conclusion of the purchase contract
- All offers within the framework of the online store are subject to change and contain only a non-binding invitation to the customer to submit a contract offer.
- In order to conclude a subscription for the Coaching Zone, registration in the Coaching Zone and the creation of a corresponding profile is additionally required. In addition, registration in the online store is required for the administration of purchased subscription products (see § 8).
- The online order of the customer is a binding offer to conclude a purchase contract for the ordered goods or to conclude a subscription for the selected subscription products. By clicking on the button “Order now” at the end of the ordering process, the binding offer for the customer is sent to ROOQ.
- Upon receipt of this order, ROOQ will send the Customer a confirmation of receipt by email. This mere confirmation of receipt does not constitute acceptance of the offer.
- A contract of sale for the ordered goods is only concluded when ROOQ has sent the Customer a contract confirmation or invoice by email within 5 days or has carried out the delivery. A contract for the subscription shall only be concluded if ROOQ has sent the Customer a confirmation link to activate the subscription by email within 5 days.
- The conclusion of the contract for the purchase of the ordered goods is subject to complete and timely delivery by ROOQ. This reservation does not apply to short-term delivery disruptions or to cases in which ROOQ is responsible for non-delivery. It therefore only applies in cases in which ROOQ is unable to receive the goods through no fault of its own despite the conclusion of a congruent hedging transaction. ROOQ will inform the Customer immediately about the non-availability of the goods. Payments already made by the customer will be refunded immediately.
3 Input errors
- The customer can correct his entries before submitting his order by using the “back” button. The corrections can also be made using the usual keyboard and mouse functions (back button of the browser) directly on the previous order page in the appropriate input fields. The order can still be changed from the shopping cart before placing an order. After clicking the button “Order now” a correction is no longer possible.
- In addition, input errors can also be corrected by canceling the purchase process and restarting with the ordering process.
4 Contract language
The German and English languages are available for the conclusion of the contract.
5 Prices and shipping costs; return costs
- All prices are stated in the currency indicated in the offer in each case. The prices are to be understood as final prices within the EU, i.e. they include all price components including the applicable tax. For inquiries outside the EU, the respective net price is displayed. Shipping costs may be added to the indicated product prices, as well as customs duties if applicable for the delivery of goods outside the EU. More information on the amount of shipping costs and applicable customs duties can be found with the offer.
- In the event of an effective revocation of the contractual declaration (see point revocation policy), ROOQ will also refund any shipping costs for the delivery, provided that these are not additional costs that have arisen due to the fact that the customer has opted for a type of delivery other than the standard delivery (e.g. express or express surcharges).
- The price for completed subscriptions is due for the following 30 days in advance (for the term see § 8).
- ROOQ only accepts the payment methods displayed during the order process. No additional costs will be charged for any payment method. For transfers from abroad, bank charges may be levied by the credit institution.
In principle, the following payment methods are available: the credit cards indicated in the online store, SEPA direct debit, PayPal, Amazon Pay or Sofort.
If payment by credit card or direct debit is selected, the required information must be submitted to ROOQ when the order is placed.
If the payment method PayPal is agreed upon, the customer will be automatically redirected to the secure payment form of PayPal after submitting the order. If the customer already has a PayPal account, he can log in. Otherwise, there is the option to click on Set up account and follow the instructions.
When paying with Amazon Pay, the customer can use his address and payment data stored at Amazon. After clicking on the Amazon Pay button, the customer enters his Amazon email address and password and thus completes the ordering process.
If the customer selects Sofort as the payment method, he will need his account number, bank code, PIN and TAN. After submitting the order, the customer is automatically redirected to the secure payment form of Sofort GmbH – A Klarna Group Company. Directly afterwards, the transaction is confirmed. ROOQ receives the transfer credit immediately. In principle, every Internet user can use Sofortüberweisung as a payment method if he has an activated online banking account with PIN/TAN procedure. Please note that Sofortüberweisung is not yet available at a few banks. You can find more information on whether your bank supports this service here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/.
- Restrictions in the selection of payment methods may arise as a result of the credit check.
- The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by ROOQ. This does not apply to counterclaims of the Customer arising from the same contractual relationship. The Customer is only entitled to a right of retention if it is based on the same contractual relationship.
- In case of import of goods into countries outside the EU, export restrictions may exist and import duties and taxes may be incurred, which the Customer has to bear. These vary in different customs territories. The customer is responsible for the proper removal of the necessary duties, taxes and fees.
7 Delivery of goods
- The choice of the shipping route and the shipping method is at ROOQ’s discretion.
- If ROOQ does not have the ordered goods in stock – for example due to high demand – the customer will be informed immediately about the delay caused by the reorder. The Customer’s statutory rights in the event of a delay in delivery remain unaffected.
- If the delivery address provided by the customer is incomplete or incorrect and ROOQ incurs additional costs during shipment as a result, e.g. shipping costs incurred again, the customer must reimburse ROOQ for these.
8 Subscriptions: Service Content, Product Change, Term and Termination
- The customer can choose between subscriptions with a different number of available seats. He can assign each Seat to an Athlete with whom he has an Athlete-Trainer-Bond (STB). To establish an STB, the customer and the desired athlete have to give a corresponding data release via the Coaching Zone on www.rooq.de or via the Rooq App. Upon appropriate data release by the athlete, the customer will receive the athlete’s data and the ability to create and share training plans with the athlete in the Coaching Zone.
- After the first registration in the Coaching Zone, the customer can start 2 free months for one (1) STB. This free period will end upon the expiration of 2 months, without the need for cancellation, unless the customer enters into a subscription agreement prior to the expiration of the free period.
- Registration in the online store is required to manage completed subscriptions. The registration takes place in the so-called double opt-in procedure. After clicking the button “Register”, the customer receives an e-mail with a confirmation link to the e-mail address provided by him. After clicking this confirmation link, the registration is completed.
- Each subscription has a term of 30 days. It will be renewed for another 30 days if it is not cancelled at least 3 days before the end of the term. Cancellation is done in the subscription store under the link “Settings” – “Manage subscriptions”.
- If a seat has been assigned to an athlete within the scope of a subscription, it can be assigned to another athlete at the earliest 30 days later. The same applies if the STB between customer and athlete is terminated: the respective Seat becomes free again and can be reassigned, provided that the Seat has been used for at least 30 days.
- After cancellation of a subscription, the customer will no longer receive any data of the athlete and can also no longer set any training plans, etc. for the athlete.
9 Product change for subscriptions
- Subscription extension: To extend an existing subscription by additional seats, the customer must purchase the desired larger subscription in the Subscription Shop under Settings or change his subscription (“Manage Subscriptions” – “Change Subscriptions”). When the contract is concluded, the term of the new subscription begins (see § 8) and the additional seats are available to the customer. The price already paid for the smaller subscription for the remaining term will not be credited.
- Subscription reduction: In order to reduce the number of seats in an existing subscription, the customer must make a corresponding change in his settings (“Manage subscriptions” – “Change subscriptions”). When the subscription is reduced, the new subscription begins to run and will be charged accordingly. The price for the larger subscription, which may not yet have been used, will not be credited.
- Information about the goods offered are not guarantees of the quality of the goods, unless they are expressly designated as such.
- The statutory warranty provisions apply.
11 Compensation for Damages
- In all cases in which ROOQ is obligated to compensate for damages or expenses on the basis of contractual or legal claims, ROOQ is only liable to the extent that it, its executives and vicarious agents are guilty of intent, gross negligence or injury to life, body or health. Liability without fault according to the Product Liability Act remains unaffected. Liability for culpable violation of essential contractual obligations (=such as those which the purchase contract intends to impose on the seller according to its content and purpose or the fulfillment of which makes the proper execution of the purchase contract possible in the first place and on the observance of which the customer regularly relies and may rely) shall also remain unaffected. However, except in the cases of sentences 1 and 2, liability in this respect shall be limited to the foreseeable damage typical for the contract. A change in the burden of proof to the detriment of the customer is not associated with the above provisions.
- Insofar as the liability for damages against ROOQ is excluded or limited, this also applies with regard to the personal liability for damages of the employees, representatives and vicarious agents.
12 Retention of title
The goods remain the property of ROOQ GmbH until the final payment of the purchase price plus shipping costs.
13 Right of revocation
If the customer concludes the contract as a consumer, i.e. for a purpose that can predominantly be attributed neither to his commercial nor to his self-employed activity, the customer shall be entitled to a right of revocation in accordance with the instructions on revocation.
14 Applicable law, place of jurisdiction
- All claims arising from the contract shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer in the sense of § 13 BGB (German Civil Code) and has his habitual residence abroad, mandatory provisions of this state remain unaffected.
- If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Aachen shall be the exclusive place of jurisdiction for all claims in connection with the business relationship.
15 Information according to § 36 Consumer Dispute Settlement Act (VSBG)
ROOQ GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
16 Contract storage
ROOQ stores the contract text and sends the customer the order data and these general terms and conditions by email. The general terms and conditions can also be viewed at any time here http://www.rooq.de/AGB. For security reasons, the customer’s order data is no longer accessible via the Internet. The customer can view his previous orders in his login area, provided that he has registered as a customer and logged into the website with his customer data.
1. Scope of application
1.1. The ROOQ app offers training diagnostics for boxing and supports the transmission of data to one or more trainers. The ROOQ app is a service supplied by ROOQ GmbH, Im Erdbeerfeld 20, 52078 Aachen, Germany (hereinafter referred to as “ROOQ”).
2. Registration, conditions of use
2.1. To use the ROOQ app, the user must register and open a user account. During registration, the user must provide an e-mail address, certain personal data (e.g. name, date of birth, gender) and certain athlete-specific data. The double opt-in procedure is used for the registration process. After clicking on the “Register” button, the user will receive an e-mail with a confirmation link sent to the e-mail address that the user entered. The registration process is completed once the user has clicked on the confirmation link.
Alternatively, the user can register via a Facebook, Google or Apple account. In this case, registration is completed when the user has entered the account data of the user’s corresponding account and then clicked on the “Confirm” field.
2.2. The ROOQ app is only fully usable together with the ROOQ sensors that are inserted into the Straps. You will find further information regarding these sensors and the ROOQ Box https://rooq.de/boxing-zone/ .Without these sensors, certain features of the app cannot be used. After registering (see section 2.1), the user will be prompted to connect the sensors to the app. The connection is made via Bluetooth. The sensors used are then assigned to the app on the corresponding smartphone. Thereafter, it will not be possible to use the sensors with any other smartphone (exception: reset, see section 7).
2.3. The user must have either full legal capacity to enter into legal transactions or the consent of the user’s legal guardian.
2.4. The user must have access to a smartphone that supports Bluetooth (BLE) and has an Internet connection.
3. Contract conclusion, correction of input errors, contract language
3.1 The conclusion of a license depends on the rules of the respective store provider (e.g. Google, Apple). As a rule, the license is concluded by clicking on the Install-Button in the respective store and, if necessary, entering a password. It is necessary to open a free user account pursuant to section 2.2 in order to use the app regardless of the conclusion of a license.
3.2 Individual additional paid services can be purchased inside the app. In the case of an in-app purchase, the relevant license is concluded when the user clicks on the “Buy Now” field or a comparable field and, if necessary, enters the user’s password for the respective app store.
3.3 Since the user purchases the service through the user’s account with the user’s App Store provider, no further billing or payment information is requested from the user in the case of in-app purchases. It is therefore no longer possible to correct input errors after clicking “Buy Now” or a comparable field. In specific cases, the user will be asked to contact the user’s App Store provider to correct any input errors.
3.4 The German version of this document is authoritative.
4. Creation of an athlete-coach relationship (ACR)
4.1 The ROOQ app can be used to create an athlete-coach relationship (ACR). For this purpose, the user and the desired trainer must both explicitly consent to the disclosure of their data. If both grant their consent, selected training data of the user may be transmitted to the trainer. No data are transmitted automatically. Unless the user has consented to the disclosure of the user’s data, no ACR will be created and no data will be transferred to a trainer who has requested data.
4.2 All transmissions of data are encrypted.
4.3 By making the appropriate settings in the user’s app profile, the user may terminate an existing ACR at any time without providing reasons.
5. Prices, terms of payment, means of payment
5.1 The prices for any in-app purchases are shown with the respective offer. The prices shown are retail prices and include the statutory value-added tax.
5.2 Unless expressly stated otherwise, the prices for the in-app purchases are due for payment upon conclusion of the contract.
5.3 In-app purchases are billed by the user’s App Store provider.
6. Term and termination
6.1 The license concluded at the time of registration will remain in force for an indefinite period of time.
6.2 Contracts for one-off additional services in the form of in-app purchases are concluded for the specified period.
6.3 The user may delete their user account at any time without providing reasons and thus terminate the license. Upon deletion of the user account, all content and training services created by the user will be deleted and the user will cease to be able to access any additional services that may have been purchased. If payment for an additional service has already been made at the time of termination, such amount will be refunded neither in full nor in part.
6.4 ROOQ is entitled to terminate the license without providing reasons by giving 2 weeks’ notice in text form (i.e. letter, fax or e-mail), but at the earliest at the end of the term of the additional paid services.
7.1 If the user replaces the smartphone to which the ROOQ sensors have been assigned (see section 2.2), the user may reset their sensors in the app’s settings. This process completely resets the sensors, which means that all data on the sensors are deleted, including the connection to the smartphone and the user’s account. Any data that have not yet been transferred to the smartphone will therefore be lost. The user may then use the app with the sensors on a new smartphone after the appropriate connection has been made in accordance with section 2.2.
7.2 To decouple the devices in accordance with section 7.1, the user requires both sensors, the previous smartphone (if still available), Internet and a Bluetooth connection.
7.3 If the smartphone is lost, the user may log into a new smartphone via the user’s account, reset the sensors and connect them to the new smartphone. The provisions in section 7.1 apply.
7.4 In addition, the sensors may be paired with another smartphone if there has been no connection between the sensors and the smartphone with which they were originally paired for a period of 14 days.
8. Duties and obligations of the user, prohibited conduct
8.1 Only one account may be registered per person at any one time.
8.2 The user must keep their access data secret and not disclose same to any third party.
8.3 The user must provide the hardware and software as well as a Bluetooth connection and a broadband internet connection for the use of the app at their own expense.
8.4 Any use of the ROOQ app is at the user’s own risk.
8.5 The user may only use the ROOQ services for their own private, non-commercial purposes. The use of the app for commercial or business purposes is prohibited.
8.6 The user must observe ROOQ’s current legal copyright and all other rights to the content of its services. The user is only granted a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual relationship. The user may not reproduce, distribute or make this content publicly accessible or remove technical protection measures or copyright notices unless this is expressly permitted.
8.7 Users are solely responsible for content that they upload or share themselves. It is illegal for users to advertise products or similar via their user account. Furthermore, users must observe all applicable laws and other legal provisions when providing their own content. In general, users are prohibited from providing content that incites hatred or is violent, racist, discriminatory, pornographic, inappropriate for minors, insulting and/or defamatory. The user undertakes not to violate the rights of third parties, in particular rights of personality as well as intellectual and industrial property rights (e.g. copyrights, trademark rights). Users must in particular also be the owners of the necessary rights to their profile picture. Content that violates these terms may be deleted or blocked by ROOQ at any time without prior notice.
8.8 Should ROOQ be held liable by third parties due to a breach of section 8.7 by the user, the user will be obliged to indemnify ROOQ against all liability on first demand. ROOQ expressly reserves the right to assert further claims.
9. Instructions on cancellation
If the user has, as a consumer, entered into a contract for paid services with ROOQ, the user will be entitled to cancel the contract pursuant to the following conditions. A consumer is any natural person who enters into a legal transaction for purposes that are outside their trade or their professional activities as an independent contractor.
Right to cancel:
You have the right to cancel this contract within fourteen days without providing reasons. The cancellation period will expire after 14 days from the day of conclusion of the contract.
To exercise your right to cancel, you must inform us (ROOQ GmbH, Im Erdbeerfeld 20, 52078 Aachen, Tel: +49 (0) 241 41252000, Fax: +49 (0) 241 41252099, E-mail: email@example.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To exercise your right of cancellation within the cancellation period, it is sufficient for you, before that period has expired, to send a notice concerning your exercise of the right of cancellation.
Effects of cancellation:
If you cancel this contract, we will reimburse all of your payments, including the costs of delivery up to the amount of the standard delivery charge. Our standard type of delivery is chosen to be the most economical. If you choose a different type of delivery, you will bear any additional charges or costs. Reimbursement will be without undue delay and in any event no later than 14 days from the day on which we receive notice of your cancellation of this contract. Unless we have expressly agreed otherwise with you, we will carry out reimbursement using the same means of payment as you used for the initial transaction. Subject to the above terms, we will not impose any fee for such reimbursement.
If you requested that we should begin to supply services during the 14-day cancellation period, you will pay us that part of the agreed fee which is proportionate to those of the envisaged services which have actually been performed up to receipt of your cancellation.
Note – Exclusion of the right of cancellation:
In the case of a contract for the supply of services, your right to cancel will also extinguish where we have supplied the service in full and if we first began to supply the services after your express agreement thereto and acknowledgment that you will lose your cancellation right upon complete performance of the contract.
In the case of a contract for the supply of digital content that is not on a tangible medium, your right to cancel will extinguish if we begin to perform the contract after your express agreement thereto and acknowledgment that you will lose your cancellation right upon commencement of performance of the contract.
Model Cancellation Form
If you would like to cancel this contract, please complete this form and return it to us.
To ROOQ GmbH
Im Erdbeerfeld 20
I/We (*) hereby give notice that I/we (*) cancel my/our contract of sale of the following goods (*) / for the supply of the following services (*),
Ordered on [*] / received on [*] __________________________________
Name of consumer(s) __________________________________
Address of consumer(s): __________________________________
Signature of the consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.
10. Warranty and Liability
10.1. The statutory provisions apply to claims based on defective performance. ROOQ’s liability is limited to the supply of the contractually agreed services. ROOQ is not liable for a specific result (training result or similar) and it expressly makes no guarantees or warranties in this respect.
10.2. ROOQ is not responsible for any failure of the Internet or Bluetooth connection from the user’s cell phone.
10.3. In the case of gratuitous services, ROOQ will only be liable – regardless of the legal reason – to the extent that it is guilty of intentional wrongdoing or gross negligence or causes injury to life, limb or health. In all other cases, liability on the part of ROOQ is excluded.
10.4. In the case of paid services ROOQ will only be liable, regardless of the legal reason, to the extent that it is guilty of intentional wrongdoing or gross negligence or causes injury to life, limb or health. Its liability will be limited to the intentional or negligent breach of material contractual obligations (i.e. those which the contract, in view of its purpose and content, seeks to impose on ROOQ and whose fulfillment is of the very essence for the proper implementation of the contract and, upon whose fulfillment, the user regularly relies and may rely). Liability for damages for breach of a material contractual obligation will, however, be limited to the usual damage foreseeable in connection with contracts of this kind except in the cases mentioned in sentence 1. The above provision does not reverse the burden of proof in a way which would be detrimental to the user’s interests.
10.5. To the extent to which ROOQ’s liability for damages is excluded or limited, this also applies in respect of any personal liability on the part of its employees, workers, staff, representatives and vicarious agents for damages.
10.6. Claims arising under the Product Liability Act remain unaffected by the above exclusions and limitations of liability.
11. Data Protection
Users are free to determine who may view their information (training data, etc.) (see section 4). The user may terminate the athlete-coach relationship (ACR) at any time without providing reasons (see section 4.2).
12. Online dispute resolution and information pursuant to § 36 of the Act on Alternative Dispute Resolution in Consumer Matters
12.1 The EU Commission provides a platform for out-of-court dispute resolution for consumers at https://ec.europa.eu/consumers/oder/
12.2 ROOQ is neither willing nor obliged to participate in dispute resolution procedures before a consumer arbitration board.
13. Applicable law
This relationship between the parties will be governed by German law to the exclusion of the U.N. Convention on Contracts for the International Sale of Goods. In business transactions with consumers within the European Union, the law at the consumer’s place of residence may also apply if mandatory consumer law provisions are involved.
14. Storage option and viewing of the content of the contract
Users can view any additional contract information in their user account.
15. Supplier information
Im Erdbeerfeld 20
Director: Ralf Rüttgers
Registered at the Aachen Local Court : HRB 22069
VAT identification number: DE318939423