Terms and Conditions
Directory of the General Terms and Conditions:
- § 1 Scope, non-validity of other terms of business, general matters
- § 2 Offers, conclusion of contracts, delivery dates
- § 3 Reservation of ownership
- § 4 Cost of return
- § 5 Right of revocation for consumers
- § 6 Prices and charges, terms of payment
- § 7 Transfer of risk
- § 8 Delivery terms and delivery time
- § 9 Liability for defects
- § 10 Limitations of liability
- § 11 Data protection
- § 12 Final provisions
- § 13 Company information
§ 1 Scope, non-validity of other terms of business, general matters
(1) The following terms and conditions shall apply to all of our offers, sales, deliveries and services and shall become an integral part of the contract unless deviations are agreed individually.
(2) Consumers within the meaning of the terms and conditions are natural persons with whom we enter into a business relationship whithout any commercial or self-employed professional activity being attributable to them.
(3) Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity with whom we enter into a business relationship and who act in the exercise of a commercial or self-employed professional activity.
(4) Customers within the meaning of these General Terms and Conditions are consumers as well as entrepreneurs.
(5) For orders in our internet shop the prices that are specified in the offer at the exact moment of the order are valid. The specified prices are final prices meaning each of them already includes the german statutory value-added tax and other price components. All prices exclude delivery costs.
(6) All transactions, that are done in the ROCKnSHOP-Shop at www.rocknshop.de are subject to german law exclusively and solely.
ROCKnSHOP, www.rocknshop.de, we guarantee a cost-free redemption.
ROCKnSHOP, www.rocknshop.de, may not be disposed of in unsorted municipal waste. They must instead be returned to the municipal collection and take back systems available.
§ 2 Offers, conclusion of contracts, delivery dates
(1) Our offers are subject to change without notice. We reserve the right to make reasonable changes.
(2) With the order, the customer bindingly declares to want to purchase the goods ordered. The customer must be at least 16 years old to order goods from us. In the case of any doubt, proof of age must be furnished by the customer.
(3) We shall be entitled to accept the contractual offer contained in the order upon its receipt by us. Acceptance may be declared either in writing or by delivery of the goods to the customer.
(4) If the consumer orders the goods electronically, we will immediately confirm receipt of the order. The confirmation of receipt does not constitute a binding acceptance of the order. However, it can be combined with a declaration of acceptance.
(5) The contract shall be concluded subject to correct and punctual self-delivery by our supplier. This shall only apply in the event that we are not responsible for the non-delivery, in particular when concluding a congruent cover transaction with our supplier. The customer shall be informed immediately of the non-availability of the service. The consideration will be refunded immediately.
(6) If the consumer orders the goods electronically, the text of the contract will be stored by us and sent to the consumer on request along with the present General Terms and Conditions via email.
(7) Even repeated ex gratia services and other accomodation by us do not constitute a claim for the future.
(8) Contracts may currently be concluded in English or in German.
(9) Customers make a binding offer on every article in their shopping cart if they have gone through the online ordering process by entering the information required and click the "BUY NOW" button in the last step of the ordering process.
§ 3 Reservation of ownership
(1) Delivered goods shall remain our property until the purchase price has been paid in full.
(2) For contracts with entrepreneurs, we additionally retain ownership of the goods also up to full payment of all existing receivables from the ongoing business relationship with the entrepreneur.
(3) The customer shall be committed to treat the goods with care.
(4) The customer shall be committed to notify us without undue delay of any third party access to the goods, for instance in the case of seizure, as well as any damage to or the destruction of the goods. The customer must notify us immediately of any change in ownership of the goods as well as a change in the place of residence.
(5) We are entitled to withdraw from the contract and to demand the handout of the goods by the customer in the event of breach of contract by the customer, in particular in case of default in payment or in case of breach of an obligation as described in section 3 or 4 of this paragraph.
(6) The entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice amount accruing to him against a third party as a result of the resale. We accept the assignment. After the assignment, the entrepreneur is authorised to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur fails to meet his payment obligations and defaults on payment.
(7) The manufacturing and processing of the goods by the entrepreneur shall always take place in our name and on our behalf. If processing is carried out with items not owned by us, we shall acquire co-ownership of the new item in proportion of the value of the goods delivered by us to the other processed items. The same shall apply if the goods are mixed with other goods not owned by us.
§ 4 Cost of return
If the consumer exercises his right of withdrawal, he has to bear the regular costs of the return.
§ 5 Right of revocation
You have the right to withdraw from this contract within fourteen days without stating any reason.
The revocation period shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
contact form. If you make use of this option, we will immediately confirm the receipt of your revocation (e.g. via email).
Consequences of the cancellation
If you withdraw from this agreement we are obligated to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us, all payments we have received from you, including the cost of delivery (excluding any additional costs arising from choosing a delivery method different from the most affordable standard delivery offered by us). For this repayment, we use the same payment method that you used in the original transaction, unless otherwise agreed with you; in no case will you be charged for this repayment. We may refuse to repay you until we have either received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier point in time.
You have to return or hand over the goods immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract to ROCKnSHOP GmbH; Merkurring 33-35; 22143 Hamburg, GERMANY. The deadline is met if you send off the goods before the deadline of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for a possible loss in value of the goods if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Withdrawal form as PDF (LINK)
§ 6 Prices and charges, terms of payment
(1)
- For deliveries within the Federal Republic of Germany, the flat delivery charge currently amounts to EUR 4.95 per parcel.
- For deliveries to all other countries within the EU, the flat delivery charge currently amounts to EUR 12.95 per parcel.
- For deliveries to Switzerland, the flat delivery charge currently amounts to EUR 19.95 per parcel. Invoices are given without Swiss VAT (8%). Any customs duties (8%) must be paid by the consumer.
- For deliveries to UK, the flat delivery charge currently amounts to EUR 19.95 per parcel.
- For deliveries to all other Non-EU countries (except Switzerland & UK), the flat delivery charge currently amounts to EUR 29.95 per parcel.
Only for order within Germany: From an order value of EUR 75.00, the shipping fee is waived. This does not apply to ticket packages. Cash on delivery incurs additional fees of 6.50 Euro (including VAT). Deliveries abroad require a separate agreement for all costs; the separate agreement in these cases constitutes a suspensory condition to the conclusion of the contract. Errors are reserved.
(2) In principle, customer may choose their preferred payments method, i.e. advance payment, PayPal, Sofortüberweisung/Klarna/instant payment (only in Germany and Austria), direct debit, cash on delivery or cash. However, we reserve the right to exclude individual types of payment for the customer. This shall apply in particular to orders placed via our online shop, first-time orders, orders from entrepreneurs and customers, whose creditworthiness is not guaranteed. In the case of payment in cash on delivery the customer has to bear additional costs plus the regular shipping fee.
(3) During a period of delay of payment, the consumer shall pay interest at a rate of 5 percentage points above the base rate.
(4) During period of delay in payment, the entrepreneur must pay interest on a bank debt amounting to 8 percentage points above the base rate. If the customer is an entrepreneur, we reserve the right to prove and assert a higher default damage.
(5) The customer shall only have a right to offset if his counterclaims have been legally established or acknowledged by us. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
(6) For foreign customers (especially for those located in Switzerland), additional customs costs may arise.
§ 7 Transfer of risks
(1) If the buyer is an entrepreneur, the risk of accidental loss and deterioration of the goods will be passed with the handover, with the dispatch purchase with the delivery to the carrier, the freight forwarder or otherwise for export the shipment of the particular person or institution to the buyer.
(2) If the buyer is a consumer, the risk of accidental loss and of the deterioration of the goods sold will be passed, even during the sale of the consignment only with the delivery of the item to the buyer.
(3) The transfer is the same if the customer is in default of acceptance.
§ 8 Delivery terms, delivery time and ordering process
Shipping Information.
(2) Order process
(2.1) Put the chosen article into your shopping cart
(2.4) Sign in or sign up using your email address
(2.5) Confirm or change your shipping address, preferred shipping and payment method
(2.6) If you wish to, you can enter a coupon code or comment
(2.7) Check the correctness of ordered articles and your data
You can find the information on the exact date and time of the conclusion of contract in the according paragraph of the GTC.
§ 9 Liability for defects
(1) If the buyer is an entrepreneur, we will at first provide, as far as we are concerned, a remedy or replacement delivery for defects in the goods.
(2) If the buyer is a consumer, he initially has the choice of whether the subsequent fulfillment is to be done by repair or replacement. However, we are entitled to refuse the type of re-fulfillment you choose, if it is possible only at reasonable cost and the other type of re-fulfillment remains without significant disadvantages for the consumer.
(3) If the subsequent performance fails, the customer may in principle, at his discretion, demand a reduction or cancellation of the contract (rescission). However, the customer has no right of withdrawal if there is only a slight lack of conformity, in particular with only minor deficiencies.
(4) Entrepreneurs must notify us in writing of obvious defects within a period of two weeks from receipt of the goods; otherwise the assertion of the warranty claims is excluded. Deadline is sufficient for timely dispatch. The entrepreneur bears the full burden of proof for all the eligibility requirements, in particular for the defect itself, for the time at which the defect was identified and for the timeliness of the disputes.
(5) If delivered items have obvious defects in material, workmanship or transport, please notify us immediately of such errors to us or to the carrier who delivers the items. There is no obligation on the part of the customer and is not a prerequisite for the assertion of the claims. However, otherwise we can not assert any claims against the carrier. The compliance with the above regulation does not affect the legal requirements, as far as the customer has ordered for private purposes (as a consumer).
(6) If the customer chooses to rescind the contract due to a legal or material defect after failed subsequent fulfillment, he is not entitled to any indemnity for damages due to the defect.
(7) If the customer claims for indemnity after failed re-fulfillment, the goods remain with the customer, if this is reasonable for him. The compensation for damages is limited to the difference between the purchase price and the value of the defective item. This does not apply if we have fraudulently caused the breach of contract.
(8) The limitation period for statutory claims for damages is 2 years and starts on the date of delivery which means receipt of the thing by the buyer. For entrepreneurs, the warranty period is one year from the delivery of the goods. For used goods, the period of limitation is one year from the delivery of the goods. This does not apply if the customer has not reported the defect in time.
(9) If the buyer is an entrepreneur, the agreed composition of the goods, subject to any other express agreement, shall be deemed to be solely the product description from the manufacturer, and public comments, praise or advertisements from the manufacturer shall not constitute any contractual statement regarding the composition of the goods.
(10) The customer does not receive any guarantees within the meaning of German law from us. This shall not affect manufacturers’ guarantees.
§ 10 Limitations of liability
(1) The following liability restrictions do not affect the claims of the customer from product liability. Furthermore, the following limitations of liability shall not apply to breaches of duty that have resulted in bodily injury or loss of life attributable to us, or in the case of grossly negligent or intentional breaches of duty. In this regard, only the statutory rules and legal restrictions on liability apply.
(2) We shall not be liable for slightly negligent breaches of minor contractual obligations that do not concern cardinal obligations or contractual obligations.
(3) Customer claims for compensation due to a defect are reimbursed to consumers two years after delivery of the goods; for entrepreneurs, the period of limitation is one year from delivery of the goods.
§ 11 Data protection
We reserve the right to store and process the data received in relation to the business relationship or in connection with it in the sense of the Data Protection Act.
Privacy Policy.
§ 12 Final provisions
(1) The legal relationships between the customer and us are subject to the law of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods.
(2) If the customer is a businessman, legal entity under public law or statutory special fund, the sole place of jurisdiction for any disputes arising from this contract shall be our registered office. The same shall apply if the customer does not have a general place of jurisdiction in Germany, or if the domicile or usual residence is not known at the time an action is filed.
(3) Should individual provisions of the contract with the customer be or become wholly or partly invalid under these terms and conditions of business, this shall not affect the legal force of the remaining provisions and provisions of the contract. The wholly or partially ineffective provision will be replaced by a mutual agreement of the parties, which is individually negotiated under consideration of mutual interests, in the alternative - as far as no agreement is reached - the respective legal regulations apply. The same applies in the case of a contract. In the case of wholly or partially ineffective provisions of the contract, including the terms and conditions of business, the customer may invoke the legal provisions at any time without any bargaining and demand their application.
§ 13 Company information
Registered Office:
ROCKnSHOP GmbH
Merkurring 33-35
22143 Hamburg
GERMANY
Visitors & Warehouse:
Warenannahme am Rolltor
ROCKnSHOP GmbH
Merkurring 33-35
22143 Hamburg
GERMANY
email: support@rocknshop.de
URL: https://www.rocknshop.de
Legal form:
GmbH (Gesellschaft mit beschränkter Haftung)
Chief executive officers:
René Otto
EU VAT ID No.: DE 281895943