Terms
Terms and Conditions and Customer Information
I. Terms and Conditions
§ 1 General Provisions
(1) The following terms and conditions apply to contracts that you
conclude with us as the supplier (Birgit Jaser) via the website
www.rohn-shop.com. Unless otherwise agreed, the inclusion of any terms and
conditions of your own that you may use 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 are
predominantly neither commercial nor related to their self-employed
professional activity. An entrepreneur is any natural or legal person or a
partnership with legal capacity who, when entering into a legal transaction,
acts in the course of their self-employed 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 relevant product on our website, we are making a
binding offer to you to conclude a contract via the online shopping basket
system on the terms specified in the product description.
(3) The contract is concluded via the online shopping
basket system as follows:
The goods you wish to purchase are placed in the
‘shopping basket’. You can access the ‘shopping basket’ via the relevant button
in the navigation bar and make changes there at any time.
After clicking the ‘Checkout’ or ‘Proceed to Order’
button (or similar designation) and entering your personal details as well as
the payment and delivery terms, the order details will finally be displayed to
you as an order summary.
If you use an instant payment system (e.g. PayPal
(Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will
either be directed to the order summary page in our online shop or redirected
to the website of the instant payment system provider.
If you are redirected to the relevant instant payment
system, please make the appropriate selection or enter your details there.
Finally, the order details will be displayed as an order summary on the website
of the instant payment system provider or after you have been redirected back
to our online shop.
Before submitting the order, you have the option to
review the details in the order summary once more, make changes (including via
your web browser’s ‘back’ function) or cancel the order.
By submitting your order via the relevant button
(“Place order with obligation to pay”, “Buy” / “Buy now”, “Place order subject
to charges”, “Pay” / “Pay now” or similar wording), you are legally bound to
accept the offer, thereby concluding the contract.
(4) Your requests for a quotation are non-binding. We
will provide you with a binding offer in writing (e.g. by email), which you may
accept within 5 days (unless a different deadline is specified in the relevant
offer).
(5)The processing of the order and the transmission
of all information required in connection with the conclusion of the contract
is carried out partly automatically via email. You must therefore ensure that
the email address you have provided to us is correct, that the receipt of
emails is technically guaranteed and, in particular, that it is not blocked by
spam filters.
§ 3 Special agreements regarding offered payment
methods
(1) Payment via Klarna
In cooperation with the payment service provider
Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we
offer the following payment options. Payment is made to Klarna in each case:
Invoice (“Pay Later”): You can find Klarna’s invoice
terms and conditions for Germany at
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the
terms and conditions for the option to extend the payment term can be found at
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
Instalment purchase (“Financing”): Further
information on instalment purchases, including the General Terms and Conditions
and the European Standard Information on Consumer Credit for Germany, can be
found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account;
the terms and conditions for the “Pay in 3 instalments” payment option can be
found at
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3.
Instant bank transfer (“Pay Now”)
The use of the payment methods Invoice and/or
Instalment Purchase and/or Direct Debit requires a positive credit check. In
this regard, we will forward your data to Klarna during the initiation and
processing of the purchase contract for the purpose of address and credit
checks. Please understand that we can only offer you those payment methods that
are permitted based on the results of the credit check.
Further information about Klarna and the Klarna Terms
of Use for Germany can be found at
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and
https://www.klarna.com/de/.
(2) Payment via ‘PayPal’ / ‘PayPal Checkout’
If you select a payment method offered via ‘PayPal’ /
‘PayPal Checkout’, payment processing is handled by the payment service
provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449,
Luxembourg; ‘PayPal’). The individual payment methods via ‘PayPal’ are
displayed under a corresponding button on our website and during the online
ordering process. ‘PayPal’ may use additional payment services for payment
processing; where special payment terms apply, you will be notified of these
separately. Further information on ‘PayPal’ can be found at
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(3) Payment via ‘Mollie’
If you select a payment method offered via ‘Mollie’,
payment processing is carried out by the payment service provider Mollie B.V.
(Keizersgracht 313, 1016 EE Amsterdam, Netherlands; “Mollie”).
The individual payment methods via “Mollie” are
displayed under a corresponding button on our website and during the online
ordering process. ‘Mollie’ may use additional payment services for payment
processing; where special payment terms apply in this regard, you will be
notified of these separately. Further information on ‘Mollie’ can be found at
https://www.mollie.com/de.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention
insofar as the claims relate to the same contractual relationship.
(2) The goods remain our property until the purchase
price has been paid in full.
§ 5 Warranty
(1) The statutory rights regarding liability for
defects apply.
(2) As a consumer, you are requested to check the
goods 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 shall not affect your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates
from objective requirements, such deviation shall only be deemed agreed if we
have informed you of it prior to your submission of the contractual declaration
and the deviation has been expressly and separately agreed between the
contracting parties.
§ 6 Choice of Law
(1) German law shall apply. In the case of consumers,
this choice of law shall apply only insofar as it does not deprive the consumer
of the protection afforded by mandatory provisions of the law of the country of
the consumer’s habitual residence (principle of favourability).
(2) The provisions of the UN Convention on Contracts
for the International Sale of Goods shall expressly not apply.
II. Customer Information
1. Identity of the Seller
Birgit
Jaser
Kirchweg
5
6991
Riezlern
Austria
Telephone:
+436642339885
Email: info@rohn-shop.com
We are neither willing nor obliged to participate in
dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps involved in concluding the
contract, the conclusion of the contract itself and the options for correction
are governed by the provisions on “Conclusion of the Contract” in our General
Terms and Conditions (Part I).
3. Contract language, storage of the contract text
3.1. The contract language is German
3.2. We do not store the full text of the contract.
Before submitting the order via the online shopping basket system, the contract
details can be printed out using the browser’s print function or saved
electronically. Once we have received the order, the order details, the
information required by law for distance contracts and the General Terms and
Conditions will be sent to you again by email.
3.3. For enquiries made outside the online shopping
basket system, you will receive all contract details as part of a binding offer
in writing, e.g. by email, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have committed to the ‘Käufersiegel’ quality
criteria of Händlerbund Management AG, which can be viewed at
https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential characteristics of the goods or service
The key features of the goods and/or services are set
out in the relevant offer.
6. Prices and payment terms
6.1. The prices stated in the relevant offers, as
well as the delivery charges, are total prices. They include all price
components, including all applicable taxes.
6.2. The applicable delivery charges are not included
in the purchase price. They can be viewed via a designated button on our
website or in the relevant offer, are shown separately during the ordering
process and are to be borne by you in addition to the purchase price, unless
free delivery has been promised.
6.3. If delivery is made to countries outside the
European Union, additional costs for which we are not responsible may arise,
such as customs duties, taxes or money transfer fees (bank transfer or exchange
rate fees charged by financial institutions), which are to be borne by you.
6.4. Any costs incurred for the money transfer (bank
transfer or exchange rate fees charged by financial institutions) are to be
borne by you in cases where delivery is made to an EU Member State but the
payment was initiated from outside the European Union.
6.5. The payment methods available to you are listed
under a corresponding button on our website or in the relevant offer.
7. Delivery Terms
7.1. The delivery terms, the delivery date and any applicable delivery restrictions can be found under a button labelled accordingly on our website or in the relevant offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the goods sold during dispatch is not transferred to you until the goods are handed over to you, regardless of whether the dispatch is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the trader or any other person designated to carry out the dispatch.
8. Statutory Liability for Defects
Liability for defects is governed by the ‘Warranty’ provisions in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been drawn up by the lawyers at Händlerbund who specialise in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of formal warnings. Further information on this can be found at https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 22 October 2024