1 Scope of application
The following Terms and Conditions (hereinafter referred to as “T&C”) apply exclusively to all sales contracts / deliveries of ROOQ GmbH (hereinafter referred to as “ROOQ”) based on orders through the online shop www.rooq.de. The customer’s Terms and Conditions do not apply even if we have not expressly objected to them.
2 Formation of the sales contract
- The display of goods in our online shop simply constitutes a non-binding invitation to our customers to offer to purchase same.
- The customer’s online order is a binding offer to conclude a sales contract for the goods ordered. When the customer clicks the button “Buy now” at the end of the ordering process, their binding offer to purchase is sent to ROOQ.
- After receiving this order, ROOQ will email the customer an acknowledgment of receipt. The fact that ROOQ sends an acknowledgment of receipt does not constitute acceptance of the customer’s offer.
- A sales contract is only concluded if, within 5 days, ROOQ emails the customer a contract confirmation or invoice or makes the delivery.
- The contract is concluded subject to the proviso that ROOQ’s own suppliers deliver their goods and services to it in full and on time. This proviso does not apply to short-term delivery disruptions or to cases in which ROOQ is responsible for non-delivery. Consequently, it only applies in those cases in which ROOQ, in spite of having entered into a contract to buy the relevant goods, is through no fault of its own unable to obtain them. ROOQ will notify the customer without delay if the goods are not available. Any payments which the customer has already made will be immediately refunded.
3 Mistakes when entering data
- With the help of the “Back” button, the customer can correct their entries before they submit their order. Using the normal keyboard and mouse functions (“Back” key of the browser), corrections can also be made directly in the entry fields on the previous page. An order which is in the shopping cart can still be changed before it is submitted. After clicking the “Buy now” button, it is no longer possible to correct an order.
- In addition, mistakes in the entry fields can be corrected by ending the purchase process and beginning again.
4 Contract language
Contracts may be concluded in German or English.
5 Prices and charges for shipping & returns
- All prices are euro prices. The prices shown are the final retail prices, i.e. they include all price components, including statutory German VAT. However, shipping costs may be added to the product prices. Information regarding shipping costs can be found with the goods displayed in our shop.
- If the customer validly cancels the contract (see Instructions for Cancellation below), ROOQ will also refund any shipping costs for the goods unless these are additional costs that arose because the customer opted for a type of delivery other than standard delivery (e.g. surcharges for express delivery).
- If the customer chooses to pay by credit card or direct debit, they have to supply ROOQ with the necessary information when placing their order.If they use PayPal, they will be automatically redirected to PayPal’s secure payment form after submitting their order. If the customer already has a PayPal account, they can log in. Otherwise, they can click on Create Account and follow the instructions.
If the customers pays with Amazon Pay, they can use the address and payment data that Amazon stores for them. After clicking on the Amazon Pay button, they can use their Amazon e-mail address and password to complete the order process.
If they choose Sofort as their payment method, they will need an account number, bank code, PIN and TAN. After sending their order, they will be automatically redirected to the secure payment form of Sofort GmbH – A Klarna Group Company. Immediately afterwards, they will receive a transaction confirmation. ROOQ will directly receive a transfer credit. Essentially, every Internet user can use Sofort as a payment method if they have an account that is enabled for e- banking with a PIN/TAN procedure. Please note that there are a few banks where Sofort banking is not yet available. They can find out whether their bank supports this service here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/
- Restrictions on the selection of payment methods may arise as a result of a credit check.
- The customer only has a right of set-off if their counterclaims have been adjudged non-appealable, are undisputed or are recognized by ROOQ. This does not apply to counterclaims by the customer arising from the same contractual relationship. The customer may exercise a right of retention only in respect of claims arising from the same contract.
- When goods are imported into countries outside Germany, export restrictions may apply and import duties and taxes may be imposed. These must be borne by the customer. These vary in different customs areas. The customer is responsible for the proper payment of the necessary customs duties, taxes and fees.
- ROOQ may choose the mode of shipment and the route at its sole discretion.
- If ROOQ does not have the ordered goods in stock – for example due to high demand – it will notify the customer immediately of the delay resulting from this. A delay in delivery will have no effect on the customer’s statutory rights.
- If the delivery address provided by the customer is incomplete or incorrect and this increases ROOQ’s shipping costs, e.g. costs for reshipping, the customer must reimburse ROOQ for these costs.
- Any statements that ROOQ makes in respect of the goods are not, unless expressly designated as such, warranties as to their nature (Beschaffenheitsgarantien).
- The statutory warranty periods will apply.
- In all cases in which ROOQ is contractually or legally bound to pay damages or reimburse expenses, it will only be liable to the extent that it or its legal representatives or vicarious agents are guilty of intentional wrongdoing or gross negligence or cause injury to life, limb or health. ROOQ’s strict liability pursuant to the Product Liability Act (Produkthaftungsgesetz) will remain unaffected. Its liability will be limited to the intentional or negligent breach of material contractual obligations (i.e. those which the sales contract, in view of its purpose and content, seeks to impose on the seller and whose fulfillment is of the very essence for the proper implementation of the contract and, upon whose fulfillment, the customer 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 sentences 1 and 2. The above provision does not reverse the burden of proof in a way which would be detrimental to the customer’s interests.
- To the extent to which ROOQ’s liability for damages is excluded or limited, this also applies in respect of any personal liability for damages of its employees, workers, staff, representatives and vicarious agents.
10 Retention of title
ROOQ GmbH will retain ownership of the goods until the purchase price and a flat fee for shipping have been paid in full.
11 Applicable law and jurisdiction
- The law of the Federal Republic of Germany applies to all claims arising under this contract. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If the customer is a consumer within the meaning of § 13 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) and has their habitual residence abroad, the mandatory provisions of such country will remain unaffected.
- If the customer is a merchant within the meaning of the Commercial Code (Handelsgesetzbuch – HGB), a legal entity under public law or a special fund under public law, the courts of Aachen will have exclusive jurisdiction for all claims arising in connection with the business relationship.
12 Information pursuant to § 36 of the Act on Alternative Dispute Resolution in Consumer Matters (Verbraucherstreitbeilegungsgesetz – VSBG)
ROOQ GmbH is neither willing nor under any obligation to participate in dispute resolution proceedings before a consumer conciliation body.
13 Contract storage
ROOQ will store a copy of the contract and will send their order data and these T&C to the customer by e-mail. The customer may also view our T&C at any time by visiting https://rooq.de/terms-conditions/. For security reasons, the customer’s order data will no longer be available via the Internet. The customer can view their previous orders in their login area provided that they have registered as a customer and have used their customer data to access the website.
14 Instructions for cancellation
Consumers are entitled to a right of cancellation. In this connection, a consumer is any natural person who concludes a legal transaction for purposes which are predominantly 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 giving any reasons. The cancellation period is fourteen days from the date on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise your right to cancel, you must make a clear statement informing us (ROOQ GmbH, Im Erdbeerfeld 20, 52078 Aachen Tel: +49 (0) 241 41252000, Fax: +49 (0) 241 41252099, E-mail: firstname.lastname@example.org) of your decision to cancel this contract (e.g. by 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 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. We may withhold reimbursement until we have received, from you, either the returned goods or evidence that you have sent them back, whichever is the earliest.
You must send back the goods without delay and in any event no later than 14 days from the day on which you informed us of your cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired.
We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods if the goods were handled in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
– END OF THE INFORMATION ABOUT YOUR RIGHT OF CANCELLATION –