Terms and Conditions
Table of Contents
- §1 - General and Scope
- §2 - Conclusion of Contract
- §3 - Retention of Title
- §4 - Cost Agreement
- §5 - Right of Withdrawal
- §6 - Delivery Time, Shipping Costs
- §7 - Payment Methods, Set-off
- §8 - Transfer of Risk
- §9 - Warranty
- §10 - Liability Limitations
- §11 - Data Protection
- §12 - Battery Law Notice
- §13 - Alternative Dispute Resolution
- §14 - Final Provisions
- §15 - Company Information
§ 1 - General and Scope
(1) The following terms and conditions apply to all our offers, sales, deliveries, and services and become part of the contract unless deviations are individually agreed. Deviations from the terms and conditions require our express written confirmation to be valid.
(2) Consumers within the meaning of these terms and conditions are natural persons who make purchases for purposes that predominantly cannot be attributed to their commercial or independent professional activity, § 13 of the German Civil Code (BGB).
(3) Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or legal partnerships with whom we enter into a business relationship and who act in the exercise of a commercial or independent professional activity.
(4) Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.
(5) For orders in our online shop, the prices listed at the time of the order apply. The specified prices are final prices, which means they include the applicable German VAT and other price components. All prices are exclusive of shipping costs.
§ 2 - Conclusion of Contract
(1) By placing an order, the customer declares a binding intention to purchase the ordered goods. The customer must be at least 18 years old to place an order with us. In case of doubt, the customer must prove their age.
(2) Customers make a binding offer by completing the online ordering process and clicking the "Buy" button in the final step. Before submitting the order, the customer can review and change their information in the ordering process.
(3) If the customer places the order electronically, we will confirm receipt of the order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. It can, however, be combined with a declaration of acceptance.
(4) A purchase contract for the goods only comes into effect when we accept the contract offer contained in the order. The acceptance can either be declared in writing or by delivering the goods to the customer. Exception: when paying by prepayment and PayPal, the acceptance of the order takes place immediately with the customer's order.
(5) The conclusion of the contract is subject to the correct and timely delivery by our supplier. This only applies in cases where we are not responsible for the non-delivery, especially when concluding a congruent hedging transaction with our supplier. The customer will be informed immediately about the unavailability of the service. The consideration will be refunded immediately.
(6) If the customer places the order electronically, the contract text will be stored by us and sent to the customer upon request along with these terms and conditions by email.
(7) Repeated goodwill gestures on our part do not establish any future claims.
(8) The conclusion of the contract is exclusively in German.
§ 3 - Retention of Title
(1) In contracts with consumers, we reserve ownership of the goods until full payment of the purchase price.
(2) In contracts with entrepreneurs, we reserve ownership of the goods until full payment of all claims from an ongoing business relationship.
(3) The customer is obligated to handle the goods with care.
(4) The customer is obligated to notify us immediately of any third-party access to the goods, such as in the case of seizure, as well as any damage to or destruction of the goods. The customer must immediately notify us of any change of ownership of the goods and their own change of address.
(5) We are entitled to withdraw from the contract and demand the return of the goods if the customer behaves in breach of contract, especially in the case of payment default or violation of the obligations under paragraphs 3 or 4.
(6) The entrepreneur is entitled to resell the goods in the ordinary course of business. They assign to us all claims arising from the resale against a third party in the amount of the invoice total. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur fails to meet their payment obligations and falls into arrears.
(7) The processing of the goods by the entrepreneur is always carried out in our name and on our behalf. If processing is carried out with items that do not belong to us, we acquire co-ownership of the new item in proportion to the value of the goods supplied by us to the other processed items. The same applies if the goods are mixed with other items that do not belong to us.
§ 4 - Cost Agreement
If the consumer exercises their right of withdrawal, they must bear the regular costs of the return.
§ 5 - Right of Withdrawal
Consumers have the following right of withdrawal:
Right of Withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (ROCKnSHOP GmbH; Merkurring 33-35; 22143 Hamburg; Tel.: 040 - 609 458 278; Fax: 040 - 609 458 279; Email: support@rocknshop.de) by means of a clear declaration (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but this is not mandatory. You can also electronically complete and submit the sample withdrawal form or any other clear declaration on our website at http://www.rocknshop.de/content/de/Kontakt.html. If you use this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g., by email).
To meet the withdrawal deadline, it is sufficient for you to send the communication regarding your exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal:
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs arising if you chose a different type of delivery than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notice 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 any fees for this repayment. We may withhold the refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to ROCKnSHOP GmbH; Merkurring 33-35; 22143 Hamburg without undue delay and in any event no later than fourteen days from the day on which you informed 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 only have to pay for any diminished value of the goods if this diminished value results from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Withdrawal Form PDF
§ 6 - Delivery Time, Shipping Costs
(1) We generally ship worldwide. The delivery time is 1-2 days after payment receipt within Germany. If there are deviations, we will inform the customer. Further details on the delivery and shipping conditions can be found under "Delivery and Shipping Costs".
- The flat shipping rate (freight and packaging) for deliveries within Germany is currently EUR 4.95.
- The flat shipping rate for deliveries to EU member states is currently EUR 12.95.
- The flat shipping rate for deliveries to Switzerland is currently EUR 19.95. Invoices are issued without Swiss VAT (8%). Any customs duties (approx. 8%) must be paid by the customer to the postal worker or customs office.
- The flat shipping rate for deliveries to the UK is currently EUR 19.95.
- For deliveries to non-EU member states (excluding Switzerland & UK), the flat shipping rate is currently EUR 29.95 per shipment.
Only for Germany: For orders over EUR 59.00, the shipping flat rate is waived. This does not apply to ticket packages. For cash on delivery, an additional fee of 6.50 euros (including VAT) applies. Deliveries abroad require a separate agreement regarding all costs; the separate agreement constitutes a condition precedent for the conclusion of the contract. Errors reserved.
§ 7 - Payment Methods, Set-off
(1) The customer can make payment by prepayment, PayPal, immediate transfer, credit card, cash on delivery, or cash. We reserve the right to exclude certain payment methods for the customer. This particularly applies to first-time orders, orders with entrepreneurs, or customers whose creditworthiness is not ensured. In the case of cash on delivery, additional costs are incurred in addition to the regular shipping flat rate, which the customer must bear.
(2) The consumer owes interest of 5 percentage points above the base rate on a monetary debt during default.
(3) The entrepreneur owes interest of 8 percentage points above the base rate on a monetary debt during default. We reserve the right to prove and claim higher damages for default from an entrepreneur.
(4) The customer only has a right to set-off if their counterclaims have been legally established, acknowledged by us, or are in close reciprocal relationship to our claim. The customer may only exercise a right of retention if their counterclaim is based on the same contractual relationship.
(5) Additional customs costs may arise for foreign customers (particularly for Switzerland) as mentioned in §6.
§ 8 - Transfer of Risk
(1) If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the buyer with the delivery, in the case of a sale to destination, with the delivery to the carrier, the freight forwarder, or the person or institution designated to carry out the shipment.
(2) If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold item also passes to the buyer in the case of a sale to destination only with the handover of the item to the buyer.
(3) Delivery is equivalent to handover if the customer is in default of acceptance.
§ 9 - Warranty
(1) If the buyer is an entrepreneur, we initially provide a warranty for defects in the goods by rectifying defects or replacing the goods, at our discretion.
(2) If the buyer is a consumer, they initially have the choice of whether the subsequent performance should be by rectification or replacement. However, we are entitled to refuse the chosen type of subsequent performance if it is only possible with disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the consumer.
(3) If the subsequent performance fails, the customer can generally demand a reduction in price (reduction) or rescission of the contract (withdrawal) at their discretion. However, in the case of a minor breach of contract, especially in the case of minor defects, the customer is not entitled to withdraw.
(4) Entrepreneurs must notify us of obvious defects in writing within a period of two weeks after receiving the goods; otherwise, the assertion of warranty claims is excluded. The timely dispatch is sufficient to meet the deadline. The burden of proof lies with the entrepreneur for all claim requirements, particularly for the defect itself, for the time of its discovery, and for the timeliness of the complaint.
(5) If delivered items have obvious material, manufacturing defects, or transport damage, please report such defects to us or the carrier delivering the items immediately. The customer is not obliged to do so and it is not a prerequisite for asserting the claims. However, we cannot otherwise assert any claims against the carrier. Compliance with the above provision does not affect statutory claims if the customer has ordered for private purposes as a consumer.
(6) If the customer chooses damages after failed subsequent performance, the goods remain with the customer if this is reasonable for them. The damages are limited to the difference between the purchase price and the value of the defective item. This does not apply if we have caused the breach of contract fraudulently.
(7) The statutory limitation period for defect claims is 2 years and begins with the delivery of the item, i.e., receipt by the buyer. For entrepreneurs, the warranty period is one year from delivery of the goods. For used items, the warranty period is one year from delivery of the goods.
(8) If the buyer is an entrepreneur, the condition of the goods is generally only as agreed upon as the manufacturer's product description. Public statements, promotions, or advertising by the manufacturer do not represent a contractual condition of the goods.
(9) The customer does not receive guarantees in the legal sense from us. Manufacturer guarantees remain unaffected.
§ 10 - Liability Limitations
(1) The following limitations of liability do not apply to the customer's claims arising from product liability. Furthermore, the following limitations of liability do not apply to breaches of duty that have led to bodily injury, health damage, or loss of life attributable to us, or in cases of gross negligence or intent. In this respect, the statutory rules and limitations of liability apply.
(2) We are not liable for slight negligence in the breach of insignificant contractual obligations that do not constitute cardinal obligations or typical contractual obligations.
(3) The customer's claims for damages due to a defect expire after two years from the delivery of the goods, for entrepreneurs the limitation period is one year from the delivery of the goods.
§ 11 - Data Protection
We are entitled to store and process the data received from the customer concerning the business relationship or in connection with it, in accordance with the Data Protection Act.
§ 12 - Battery Law Notice
For batteries and accumulators purchased from ROCKnSHOP at www.rocknshop.de, we guarantee free take-back.
Batteries and electrical devices must not be disposed of in household waste to avoid environmental damage. You can return your old batteries free of charge to public collection points in your municipality or anywhere batteries are sold.
The "trash can" symbol means that batteries must be collected and disposed of separately from household waste.
§ 13 - Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their online orders initially without involving a court. The dispute resolution platform is available at the external link
http://ec.europa.eu/consumers/odr/.
We strive to resolve any disagreements arising from our contract amicably. Beyond this, we are not obligated to participate in a dispute resolution procedure and do not offer to participate in such a procedure.
§ 14 - Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. Mandatory provisions of the country in which you are habitually resident remain unaffected by the choice of law.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The same applies if the customer has no general place of jurisdiction in Germany or if the residence or usual place of stay is unknown at the time the lawsuit is filed.
(3) Should individual provisions of the contract with the customer, including these terms and conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions and regulations of the contract. The wholly or partially invalid provision shall be replaced by a mutually agreed provision negotiated by the parties, which takes into account the respective interests. If no agreement can be reached, the respective statutory provisions shall apply. The customer may rely on the statutory provisions without further negotiation and demand their application in the event of wholly or partially invalid contract provisions, including these terms and conditions.
(4) Our shop www.rocknshop.de bears the EHI Certified Online Shop seal. To receive this seal, we are regularly reviewed by the EHI Retail Institute GmbH for compliance with the criteria of the EHI Code of Conduct. You can view the Code of Conduct at this link: https://ehi-siegel.de/shopbetreiber/ehi-siegel/pruef-kriterien-bedingungen/pruef-kriterien/.
§ 15 - Company Information
ROCKnSHOP GmbH
Merkurring 33-35
22143 Hamburg
Germany
VAT ID No.: DE 281 895 943
Commercial Register Hamburg HRB 122207
Phone: 040 - 609 458 278 - Mon-Fri from 09:00 - 17:00
Fax: 040 - 609 458 279
Email: support@rocknshop.de
URL: https://www.rocknshop.de
Legal Form:
Limited Liability Company (GmbH)
Managing Director:
Rene Otto
Status: October 2024
