Conditions

General terms and conditions and customer information

I. General terms and conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier (ROC products GmbH) via the website. Unless otherwise agreed, the inclusion of your own terms and conditions is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified 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 use the corresponding button in the navigation bar to call up the “shopping cart” and make changes there at any time.
After calling up the “Checkout” page and entering your personal data as well as the terms of payment and shipping, all order data will then be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be taken to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be directed back to the order overview page in our online shop.
Before submitting the order, you have the option here to check all the details again, to change them (also via the “back” function of the Internet browser) or to cancel the purchase.
By submitting the order via the “order with obligation to pay” button, you are declaring your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries to prepare an offer are non-binding for you. We will make you 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 is partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after the conclusion of the contract. Our possible specifications on file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us from all third party claims asserted in this context. This also applies to the costs of the legal representation required in this context.

(3) We do not check the transmitted data for correctness and in this respect we accept no liability for errors.

§ 4 Special agreements on the types of payment offered

(1) Payment by invoice and financing via Klarna Germany
In cooperation with Klarna, we offer you purchase on account and installment purchase as a payment option. Please note that Klarna invoice and Klarna installment purchase are only available for consumers and that payment must be made to Klarna.

Klarna invoice
When buying on account with Klarna, you always get the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here.

Klarna installment purchase
With Klarna’s financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least € 6.95). Further information on Klarna installment purchase including the general terms and conditions and the European standard information for consumer credit can be found here.

Data protection notice
Klarna checks and evaluates your data and, if there is a legitimate interest and reason, exchanges data with other companies and credit agencies. Your personal details will be treated in accordance with the applicable data protection regulations and in accordance with the information in the Klarna data protection regulations.

(2) Payment by invoice via Klarna Austria
In cooperation with Klarna, we offer you purchase on account as a payment option.
The payment term for Klarna invoice is 14 days from the invoice date. The statement
is issued when the goods are dispatched and sent either by email or together with the goods.
Payment is made to Klarna. Please note that Klarna invoice is only available for consumers. Further information and Klarna’s complete terms and conditions for purchase on account can be found here.

(3) Payment by “secupay credit card”, “secupay direct debit” or “secupay purchase on account”
With the payment methods “secupay credit card”, “secupay direct debit” or “secupay purchase on account”, we pass our payment claim directed against you in full and irrevocably to secupay AG, Goethestr. 6, 01896 Pulsnitz. Before accepting the assignment, secupay AG carries out a credit check using the data transmitted in the context of the order.
We reserve the right to refuse the selected payment method as a result of the credit check. You will be informed of this before submitting your order.
If the payment method “secupay credit card” or “secupay direct debit” is approved, secupay AG accepts the assignment and subsequently collects the fee from your credit card or direct debit from your account. Your bank or credit card account will be charged when the order is placed.
If the payment method “secupay purchase on account” is approved, secupay AG accepts the assignment and the ordered goods will be sent or delivered to you together with the invoice. The purchase price is due within 10 (ten) calendar days after delivery of the goods for payment to secupay AG, Goethestrasse 6, 01896 Pulsnitz.

§ 5 Right of Retention, Retention of Title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the goods subject to retention of title.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods 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 realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.

§ 6 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:

a) Only our own information and the manufacturer’s product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we guarantee, at our option, either repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or other circumstances. In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment 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 deadline does not apply:

– culpably caused damage attributable to us from injury to life, body or health and other damage caused intentionally or through gross negligence;
– as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
– for things that have been used for a building in accordance with their normal use and have caused its defectiveness;
– in the case of legal recourse claims that you have against us in connection with warranty rights.

§ 7 Choice of law, place of performance, place of jurisdiction

(1) German law applies. In the case of consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).

(2) The place of fulfillment for all services from the business relationships with us and the place of jurisdiction is our registered office, provided 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 not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention expressly do not apply.

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II. Customer information

1. Identity of the seller

roc products GmbH
High bleaching 8
20354 Hamburg
Germany
Phone: 040 5247976 20
Email: service@roc-products.de

Managing directors: Aaron von der Born, Tobias Naegele
HRB: 169665 Hamburg District Court

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

2. Information on the formation of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser’s print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling 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 of 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.

4. Essential characteristics of the product or service

The essential characteristics of the goods and / or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They contain all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the order process and are to be borne by you in addition, unless free delivery has been promised.

5.3. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.

5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Terms of delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.

6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise appointed to carry out the shipment.

If you are an entrepreneur, delivery and dispatch are at your own risk.

7. Statutory warranty rights

The liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).