Terms of service
Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (ROMBOL GmbH) via the website www.rombol.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person, or a legal partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing the respective product on our website, we are already making you a binding offer to conclude a contract under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After accessing the “checkout” page and entering your personal data as well as the payment and shipping terms, all order data will be displayed again on the order overview page.
If you use an instant payment system as the payment method (e.g. PayPal / PayPal Express, Amazon Payments, Sofort), you will either be taken to the order overview page in our online shop or first redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, you are redirected back to our online shop to the order overview page.
Before submitting the order, you have the opportunity to review all details again, change them (also via the “back” function of your internet browser), or cancel the purchase.
By submitting the order via the “buy” button, you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries for the preparation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 3 Customised Goods
(1) You must provide us with the suitable information, texts, or files required for the customised design of the goods via the online ordering system or by email without undue delay after conclusion of the contract at the latest. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes third-party rights (in particular copyright, name rights, trademark rights) or violates existing laws. You expressly indemnify us against all third-party claims asserted in this connection. This also includes the costs of any legal representation required in this connection.
(3) We do not check the transmitted data for factual accuracy and therefore assume no liability for errors in this respect.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been made.
(3) If you are an entrepreneur, the following also applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby already assign to us all claims in the amount of the invoice amount arising from the resale; we accept the assignment. You remain authorised to collect the claim. However, if you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in the proportion of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to inspect the item immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own statements and the manufacturer’s product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions, or statements made by the manufacturer.
b) In the event of defects, we shall provide warranty, at our discretion, by repair or replacement. If the remedy of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The remedy of defects shall be deemed to have failed after the second unsuccessful attempt, unless otherwise results in particular from the nature of the item or the defect or from other circumstances. In the event of repair, we are not required to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- to damages attributable to us resulting from injury to life, body, or health caused culpably, and in the case of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual manner of use and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with rights arising from defects.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) German law shall apply. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also bring an action before a court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer Information
- Identity of the Seller
ROMBOL GmbH
Friedrich-List-Strasse 65
33100 Paderborn
Germany
Telephone: 05251699650
Email: info@rombol.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
- Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are governed by the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I).
- Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. In the case of requests for offers outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.
- Codes of Conduct
4.1. We have submitted to the Käufersiegel quality criteria of Händlerbund Management AG and, in this connection, to the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at:
https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf
and
https://www.ecommercetrustmark.eu/the-code-of-conduct/
- Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
- Prices and Payment Terms
6.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you additionally unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs not attributable to us may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees charged by credit institutions), which must be borne by you.
6.4. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6. Unless otherwise specified for the individual payment methods, payment claims arising from the concluded contract are due immediately.
- Delivery Conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is provided by law that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company or another person designated to carry out the shipment who was not named by the entrepreneur.
If you are an entrepreneur, delivery and shipment are at your risk.
- Statutory Liability for Defects
Liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).
These Terms and Conditions and customer information were prepared by the lawyers of Händlerbund specialising in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 23 October 2019
