General Terms and Conditions
(RoKe-Shop GTC)
Art. 1 Scope and provider
(1) These general terms and conditions are valid for all orders that you transact with the online shop of the company Robert Keiselt, sole-proprietor.
Service-Hotline: 0700-7653 2677 E-Mail: support@roke-shop.de
(2) The products on offer in our web shop are exclusively available for purchasers which are at least 18 years old (legal age) or could be considered to act as entrepreneur
(in terms of art. 14 para. 1 BGB in Germany).
(3) Our supply, delivery, benefits and service can only be provided on the basis of these general terms and conditions. These GTC apply also to companies and therefore for all future business relations as-well (even so they are not explicitly re-arranged). By the way of precaution, we contradict the inclusion of any client' s GTC that do not accord with our terms and conditions.
(4) The contractual language is solely German although you have the possibility to order on English.
(5) You can take a look at the presently active “General Terms and Conditions of RoKe-Shop“ on the website (also see down below) at any time.
Art. 2 Conclusion of contract
(1) Presentation of wares in the web shop do not represent a binding request of a contract to sell. In fact it' s a question of a demand on ordering
goods online without any obligation.
(2) You submit a binding quote by clicking the button “now order liable to pay“ (art. 145 BGB).
(3) On receipt of the quote you will get an automatically generated E-Mail with a confirmation that we have received your order (confirmation of receipt).
This confirmation does not yet illustrate our acceptance of your offer to buy, thus a contract has not yet been concluded.
(4) A sales agreement is only finalized if we explicitly accept your bid or if we deliver the products without any declaration of acceptance.
(5) When it comes to downloads a contract is not concluded until the connection of the content respectively by providing a (download-) link.
(6) For ordering prescription of medicines we need previous consignment of a valid recipe in original form (via post/ mail). The acceptance of your
order can only take place after a successful verification.
(7) Due to the pharmaceutical drug safety there can be a maximum of delivery amounts that should be considered for special medicines.
Art. 3 Costs
The fees mentioned on the product websites contain the VAT included and other price components, but are understood plus particular shipping and handling costs
(that are shown separately on the website).
Art. 4 Conditions of payment, delay
(1) The payment alternatively occurs:
on account, against pre-payment, payment by name, with credit card, PayPal or debit advice. Financing is available on request.
(2) If you choose the payment method advance payment we will tell you our bank details in the contract note. Then the invoice amount has to be paid within 10 business days. Commercial shipment can be carried out after determination of your incoming payment. If we cannot determine a transferal within the above mentioned period of time the order will be cancelled once again. The period for paying on account is also 10 days, but starts not until you have received the contract goods. For our new customers we reserve us the right to not accept this method of payment with so-called initial orders. Furthermore we indicate that the transportation company can demand further rewards for delivery by name. These extra expenses are stated on the website or will be shown for purchasers in the order transaction.
(3) If you pay with credit card the purchasing price will be reserved at the point of ordering time (so-called "authorization"), but the actual debit of your
credit card account will not take place until the shipping date of the goods. For any possible extra charges we refer to the particular provider.
(4) If you pay per debit advice you might have to bear the costs for chargebacks due to lacking account coverage or due to wrong transmitted bank details.
We charge these costs in any case.
(5) If you fall behind your payment commitment we charge you with the legal interest of delay (what means 5 percentage points above the base rate). For every reminding collection letter that we send you after your delay 5,50 EUR will be charged (if there is no proof of a lower or higher damage in the individual case). If you act as commercial client and fall behind your payment we charge you with 9 percentage points above the base rate as a legal interest of delay. In addition a lump sum of 40 EUR (net) will then be claimed. The enforcement of further compensation will be reserved.
Art. 5 Summation, right of retention
(1) A right of summation is only entitled if your counterclaim is legally binding, we do not dispute it or is closely connected with our claim.
(2) You can only exercise your right of retention if your counterclaim relies on the same contractual relationship. In that case contact us immediately.
Art. 6 Delivery, title retention
(1) If nothing other has been arranged, the delivery of merchandise will be carried out from our warehouse to the specified delivery address.
(2) The distribution of appointed items from the drug assortment take place within 2 workingdays after orders received. If the deadline cannot be hold
(due to supply difficulties e.g.) the customer will be informed immediately.
(3) The delivering pharmaceutical products will be packed, transported and delivered in a way that the quality and effectiveness will be maintained.
To this take a look at the column distribution among other things.
(4) A successful delivery will be acknowledged by signature. Supplying underaged persons is explicitly excluded and the protection of minors is specifically defined.
(5) For downloads the product supply results already from providing the particular download link that can be activated and saved to the selected storage medium.
A current antivirus software is presupposed.
(6) In the client' s area of responsibility it is necessary to hold appropriate software ready that makes it possible to open, edit and print data or content in general.
These software can be provided by third-party vendors.
(7) The commodities remain in our property until the purchasing price is completely paid.
(8) The delivery of groceries is only possible within Germany (in the case of fresh and frigid products the German islands are excluded).
(9) If not all appointed products are immediately available we are authorized to ship them in parts insofar it is just and reasonable. Possible deadlines
start not until the receipt oft he last partial shipment. For fresh produce there exists an obligation to accept legal tender.
(10) In case of easily perishable shipment for the contract applies the following: Customers have to make sure that these goods can be delivered at the client' s address within the agreed time slot or if they cannot receive them by themselves, they have to seize arrangements with other persons like neighbours concerning this matter. Please tell then the
vendor the valid contact dates.
(11) If we have to deal with an order of loosely coupled products (e.g. merchandise that has to be well-disposed for individual customer requests like cheese, fruit, vegetables, meat, sausage, etc.) there can be a quantity variance. The pay on delivery is then determined on the basis of the particular basic price that is stated in EUR per quantity unit (e.g. EUR per 100 ml, 100 g, 1 kg, 1 l). The price to pay later on refers to the really weighted quantity. Thus there can appear small differences between the online shop prices and the actually price to be be paid shown in the bill. These differences will be hold as low as possible.
(12) The delivery of requested goods takes place in subject to disposability. If they are not available by the specified ordering date the purchaser gets a short-term notification of the estimated delivery date and we will place a reservation (where applicable the buyer can also cancel the order). As soon as the articles are in store again we proceed with the shipment process but there is no further buyer information. In the case of non- availability (particularly because a restricted inventory is exhausted, vintage e.g.) the orderer will be notified. Of course, already assigned payments in advance will be immediately refunded.
(13) The supply of spirituous beverages and tobacco products (or other articles with legal lock-up periods) can only be transferred if the person receiving the goods fulfills all legal guidelines and a valid identification card can be submitted (for the proof of the mail-order establishments).
(14) If you are businessman (as defined by art. 14 BGB in Germany) the following applies additionally:
- we reserve us the right of the property in the goods until the complete compensation of all outstanding debits of the particular business relation. The pledging of reserved
goods or the transfer of ownership by the way of security is not permitted until we unfreeze our right of ownership. This corresponds to legal rules and the applicable Law.
- it is also not allowed to resell the goods in a regular business development. In this case you assign already now all claims in the amount of the invoice that arise due to
the secondary purchase to us. In this respect we accept this abandonment but you still remain authorized to request your claims. Insofar you don' t meet your payment
obligations we reserve us the right To demand every claim by ourselves.
- In connection and mixture of a reserved ware we acquire a so-called joint ownership at the ratio of the invoice value to other subjects at the moment of treatment.
- on your demand we obligate ourselves to give you the amount due to if the realizable value surmounts our claim by more then ten per cent. Any selection of
resetting guaranties rests with us. This cannot be waived.
Art. 7 Right of withdrawal
In the case that you act as a consumer (in sense of art. 13 BGB in Germany) what means that the acquisition predominantly serves nor your commercial neither
your self-employed purpose and therefore you have a revocation right (so-called right of withdrawal) with the proviso of the following assignments.
Right of withdrawal
You have the right to revoke this contract within fourteen days without any specification of the reasons. The respite amounts fourteen days at the
point of time when you or a named third party (but is not the carrier) took possession of the concerned products.
To perform your right of withdrawal you have to inform us
Firma: Robert Keiselt, sole proprietor
Adresse: Dr.-Mach-Str. 137, 85540 Haar
E-Mail: roke@rokecorp.de
about your decision to cancel this contract by an explicit statement (e.g. via letter or e-mail). You can use the exemplar from below but this is up to you.
To comply with the term it is sufficient that you send us the message about your withdrawal until the deadline has expired.
Consequences of the withdrawal
If you cancel this contract we need to reimburse you all payments that we have received (including the delivery expenses but not the costs that come from not choosing the offered low priced standard version of shipment but a divergent kind of delivery) without any delay within fourteen days from the date we have received your revocation. For the refundment we use the same payment instrument that you have applied originally, unless it explicitly has been appointed something else. In no case we will price you any fees or the like due to the back-payment. We have the right to refuse the refund until we have received our goods back or you provide the proof that you have sent the package (depending on whether what
represents the earlier point of time). You have to immediately mail or consign the ware, in either case within fourteen days starting from the moment you informed us about
your contract cancellation. To keep the term you only have to send us the goods until the deadline has been expired (the access can then be assumed). In that case
you have to pay the direct costs for the reshipment, e.g. you have to compensate possible loss in value if it can be traced back to a not necessary handling.
Sample disclaimer
If you want to cancel this contract, please fill in the following form and then send it to the mailing address mentioned above.
To
Company:
Address:
E-Mail:
Hereby I/ we (*)
cancel the contract
concerning the following sales agreement (*):
Order date (*)/ receiving date (*):
Name of the consumer(s):
Mailing address of the consumer(s):
Date/ signature of the consumer(s) (only by messages on paper):
(*) Please delete where inapplicable.
End of the special instructions
(1) The right of withdrawal does not exist if we ship products that are not prefabricated and therefore a personal consumer assignment is significant or custom-tailored needs like a
T-shirt with photo/ name are foregrounded. The same applies to sealed products that are for understandable reasons like health protection or sanitation not suitable for restitution if seals are removed. You also cannot cancel the contract if we deliver sound/ video recordings or if it' s about products that are intrinsically tied to other goods due to their constitution. Of course it is also not possible to resign a delivery of perishable foods or if their use-by date would quickly expire or if we deliver beverages at the earliest in thirty days and the price agreement of today depends on market price fluctuations (so the businessman doesn' t really have any influence on that).
(2) Please avoid any damage or contamination. Send us the ware with original packaging including all accessories. If necessary please use a protective covery box particularly if you don' t possess the original packing any more. This is recommended to protect our property properly and avoid damages in transit or even further claims for damages.
This will be persecuted.
(3) Please call us or send us an E-Mail to inform us about your reconsignment. That way you allow us a fast mapping of the concerned products and the best possible processing.
This approach spares you and us any uncertainty and a lot of unnecessary waiting time.
(4) Please keep in mind that the modalities mentioned in the preceding sections 2 and 3 are not the requirements for an effective withdrawal but inobservance can
lead us to a decision where a cut of the amount refunded is inevitable. Obviously used goods cannot be returned.
(5) The right of withdrawal expires according to art. 356 para. 5 BGB dealing with a contract about the delivery of digital content that is not located on a physical data storage medium, if the contractor already has started with his service after the consumer has agreed with this approach and also communicated that it is known that then there is no right of withdrawal any more.
Art. 8 Damages in transit
(1) Please complain about obvious damages in transit to the deliverer immediately and get in contact with us as fast as you can so we can react promptly.
(2) With regard to your legal warranty a missing customer complaint or no establishing contacts at all has no consequences but you can help us asserting our demands from the forwarding agent or the transport insurance.
Art. 9 Warranty
(1) If nothing else has been arranged the warranty claims comply with the legal regulations of selling goods (art. 433 ff. BGB in Germany). Please feel free to contact us at any time if you have questions.
(2) If you act as consumer in the sense of art. 13 BGB in Germany the limitation period of warranty claims for used property is one year (divergent to legal regulations). This restriction doesn' t count on claims due to damages of the life, body, health or in case of the violation of a fundamental contractual obligation (on which the contractual partner may trust and the fair fulfillment enables the contract at all) and for claims that are based on the intentional or grossly negligent breach of an user' s or an assistant' s duty.
(3) In general legal regulations are relevant for the warranty.
(4) If you act as businessman in the sense of art. 14 BGB in Germany then you have to obey legal regulations with the following modifications (clarification below):
- for the composition of the merchandise only our own specification and producer descriptions are binding, not mandatory are however public statements or other advertisements of the producer.
- you have to investigate the commodity concerning quality and quantity variances immediately and with the demanded carefulness and you have to notify us about evident deficits within seven days from acknowledged receipt date. For holding the deadline it is enough to submit them in time. This is also true for hidden deficits actually later on detected. However, if you violate the requirement to make a complaint in respect of a defect immediately on receipt of the goods, all warranty claims are generally excluded.
- if we' re liable for defects we have to provide warranty due to proposed rectification or replacement delivery (supplementary performance) of our choice. In the case of defect rectification we don' t need to bear the increased wharfage charges for transporting products to another place of delivery than the place of fulfillment (if the transport doesn' t
correspond to the normal use of the ware).
- if a supplementary performance fails two times you can demand either abatement or you have the right to withdraw from the contract (what falls to your free choice).
- the period of warranty is running one year from the delivery of merchandise. This confinement does not apply for claims due to damages of the life, body, health or in case
of the violation of a fundamental contractual obligation (on which the contractual partner may trust and the fair fulfillment enables the contract at all) and for claims that
are based on the intentional or grossly negligent breach of an user' s or an assistant' s duty.
Art. 10 Liability
(1) Unlimited liability:
We' re unlimited liable for deliberate intention and for gross carelessness as well as with the proviso of the law on product liability. In the case of slight negligence we are liable for injury and damages of the life, body or the health of persons.
(2) Incidentally you have to keep in mind the following limited liability: In the case of slight negligence we are only liable for a contravention of a major contractual obligation (on which the contractual partner may trust and the fair fulfillment enables the contract at all). The liability for slight negligence is in the amount limited on the predictable damages upon signing the contract and with a formation of them typically has to be expected. This limitation of liability applies also in favour of our vicarious agents.
Art. 11 Copy and usage right
(1) All digital content that is provided by the vendor may possibly be protected by copyright. These trademark rights are important to us.
(2) The client wins a timely unrestricted, easy and not transferable right of use but only for a mostly not commercial purpose. The purchaser gains no patent rights in particular there is no allowance to distribute the acquired tracks neither in a digital way nor in printed manner, no right to make them publicly (completely or in extracts) accessible or to pass them in other form to third parties (art. 17 UrhG in Germany). The right of duplication (art. 16 UrhG in Germany) is restricted to actions that are dedicated to personal
(not to a commercial) usage.
(3) The granting of user rights by the seller has a postponing requirement of the full payment of the purchasing price.
(4) Under no circumstances the user is allowed to remove any trademarks, copyright comments or other legal reservations from the products.
(5) The seller has the right to personalize the digital content that is provided for downloads individually by visible or hidden labeling for the purpose of making it possible to track the original customer and determine any abuse at a later point of time.
Every abuse will be reported and registered with the police.
(6) In the case of unauthorized usage of the digital content by the buyer or a third party the contracting party is engaged to pay a 10 000 EUR penalty per violation.
So please don' t do this (in your own interest). Thank you very much.
Art. 12 Information about the return of batteries
You are not permitted to throw batteries in the general trash but you can deliver them to public collection points of the community and everywhere batteries are sold.
Contaminant-laden batteries are branded with a sign like a crossed out trash can a chemical symbol (in Germany Cd, Hg or Pb) that is the determining factor
for the classification as contaminated heavy metal.
The "trash can" means
that batteries cannot be thrown in the general trash.
The already mentioned symbols below the trash can sign stand for:
Pb: battery contains lead
Cd: battery contains cadmium
Hg: batterie contains quicksilver
Art. 13 Information about the waste management of electrical equipment
Electric appliance cannot be thrown in the general trash but you can deliver them to public collection points of the community (usually at no cost).
For comprehensible reasons we have adapted the GTC to the so-called GDPR (General Data Protection Regulation). Your data will be collected for information only so
we can correctly handle the orders. At no time we will pass data to third parties without your explicit agreement. Full particulars regarding storage, further processing
and possible deletion are regulated by our current data privacy statement of RoKe Shop what is permanently visible on our homepage (as you see below) at any time. In addition we posted this information up in our storerooms. Please keep in mind that we provide special terms and conditions as well as an extra data privacy statement for our offer of compromise visible here on our website in the insurance subsection. Please accept that the insurance service by RoKe is only available in Germany and therefore also all the mentioned documents are only available on German.
Thank you very much!
Art. 14 Final clause
(1) If one or more assignment(s) of these general terms and conditions are or will become ineffective that has no consequence on the effectiveness of all the other regulations ("severability clause").
(2) For contracts only German Law is applicable, the regulations of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN-Kaufrecht") are explicitly excluded.
(3) If you are tradesman, you act as a corporate body under public law or it' s about special public property then the place of jurisdiction for every contractual disagreement is Munich, Germany.
Art. 15 Mediation
The European Commission provides an online platform for online settlement of disputes that could be found under http://ec.europa.eu/consumers/odr/. Here consumers have the possibility to file a complaint and take the chance to solve their disputes (amicably).
(RoKe-Shop GTC)
Art. 1 Scope and provider
(1) These general terms and conditions are valid for all orders that you transact with the online shop of the company Robert Keiselt, sole-proprietor.
Service-Hotline: 0700-7653 2677 E-Mail: support@roke-shop.de
(2) The products on offer in our web shop are exclusively available for purchasers which are at least 18 years old (legal age) or could be considered to act as entrepreneur
(in terms of art. 14 para. 1 BGB in Germany).
(3) Our supply, delivery, benefits and service can only be provided on the basis of these general terms and conditions. These GTC apply also to companies and therefore for all future business relations as-well (even so they are not explicitly re-arranged). By the way of precaution, we contradict the inclusion of any client' s GTC that do not accord with our terms and conditions.
(4) The contractual language is solely German although you have the possibility to order on English.
(5) You can take a look at the presently active “General Terms and Conditions of RoKe-Shop“ on the website (also see down below) at any time.
Art. 2 Conclusion of contract
(1) Presentation of wares in the web shop do not represent a binding request of a contract to sell. In fact it' s a question of a demand on ordering
goods online without any obligation.
(2) You submit a binding quote by clicking the button “now order liable to pay“ (art. 145 BGB).
(3) On receipt of the quote you will get an automatically generated E-Mail with a confirmation that we have received your order (confirmation of receipt).
This confirmation does not yet illustrate our acceptance of your offer to buy, thus a contract has not yet been concluded.
(4) A sales agreement is only finalized if we explicitly accept your bid or if we deliver the products without any declaration of acceptance.
(5) When it comes to downloads a contract is not concluded until the connection of the content respectively by providing a (download-) link.
(6) For ordering prescription of medicines we need previous consignment of a valid recipe in original form (via post/ mail). The acceptance of your
order can only take place after a successful verification.
(7) Due to the pharmaceutical drug safety there can be a maximum of delivery amounts that should be considered for special medicines.
Art. 3 Costs
The fees mentioned on the product websites contain the VAT included and other price components, but are understood plus particular shipping and handling costs
(that are shown separately on the website).
Art. 4 Conditions of payment, delay
(1) The payment alternatively occurs:
on account, against pre-payment, payment by name, with credit card, PayPal or debit advice. Financing is available on request.
(2) If you choose the payment method advance payment we will tell you our bank details in the contract note. Then the invoice amount has to be paid within 10 business days. Commercial shipment can be carried out after determination of your incoming payment. If we cannot determine a transferal within the above mentioned period of time the order will be cancelled once again. The period for paying on account is also 10 days, but starts not until you have received the contract goods. For our new customers we reserve us the right to not accept this method of payment with so-called initial orders. Furthermore we indicate that the transportation company can demand further rewards for delivery by name. These extra expenses are stated on the website or will be shown for purchasers in the order transaction.
(3) If you pay with credit card the purchasing price will be reserved at the point of ordering time (so-called "authorization"), but the actual debit of your
credit card account will not take place until the shipping date of the goods. For any possible extra charges we refer to the particular provider.
(4) If you pay per debit advice you might have to bear the costs for chargebacks due to lacking account coverage or due to wrong transmitted bank details.
We charge these costs in any case.
(5) If you fall behind your payment commitment we charge you with the legal interest of delay (what means 5 percentage points above the base rate). For every reminding collection letter that we send you after your delay 5,50 EUR will be charged (if there is no proof of a lower or higher damage in the individual case). If you act as commercial client and fall behind your payment we charge you with 9 percentage points above the base rate as a legal interest of delay. In addition a lump sum of 40 EUR (net) will then be claimed. The enforcement of further compensation will be reserved.
Art. 5 Summation, right of retention
(1) A right of summation is only entitled if your counterclaim is legally binding, we do not dispute it or is closely connected with our claim.
(2) You can only exercise your right of retention if your counterclaim relies on the same contractual relationship. In that case contact us immediately.
Art. 6 Delivery, title retention
(1) If nothing other has been arranged, the delivery of merchandise will be carried out from our warehouse to the specified delivery address.
(2) The distribution of appointed items from the drug assortment take place within 2 workingdays after orders received. If the deadline cannot be hold
(due to supply difficulties e.g.) the customer will be informed immediately.
(3) The delivering pharmaceutical products will be packed, transported and delivered in a way that the quality and effectiveness will be maintained.
To this take a look at the column distribution among other things.
(4) A successful delivery will be acknowledged by signature. Supplying underaged persons is explicitly excluded and the protection of minors is specifically defined.
(5) For downloads the product supply results already from providing the particular download link that can be activated and saved to the selected storage medium.
A current antivirus software is presupposed.
(6) In the client' s area of responsibility it is necessary to hold appropriate software ready that makes it possible to open, edit and print data or content in general.
These software can be provided by third-party vendors.
(7) The commodities remain in our property until the purchasing price is completely paid.
(8) The delivery of groceries is only possible within Germany (in the case of fresh and frigid products the German islands are excluded).
(9) If not all appointed products are immediately available we are authorized to ship them in parts insofar it is just and reasonable. Possible deadlines
start not until the receipt oft he last partial shipment. For fresh produce there exists an obligation to accept legal tender.
(10) In case of easily perishable shipment for the contract applies the following: Customers have to make sure that these goods can be delivered at the client' s address within the agreed time slot or if they cannot receive them by themselves, they have to seize arrangements with other persons like neighbours concerning this matter. Please tell then the
vendor the valid contact dates.
(11) If we have to deal with an order of loosely coupled products (e.g. merchandise that has to be well-disposed for individual customer requests like cheese, fruit, vegetables, meat, sausage, etc.) there can be a quantity variance. The pay on delivery is then determined on the basis of the particular basic price that is stated in EUR per quantity unit (e.g. EUR per 100 ml, 100 g, 1 kg, 1 l). The price to pay later on refers to the really weighted quantity. Thus there can appear small differences between the online shop prices and the actually price to be be paid shown in the bill. These differences will be hold as low as possible.
(12) The delivery of requested goods takes place in subject to disposability. If they are not available by the specified ordering date the purchaser gets a short-term notification of the estimated delivery date and we will place a reservation (where applicable the buyer can also cancel the order). As soon as the articles are in store again we proceed with the shipment process but there is no further buyer information. In the case of non- availability (particularly because a restricted inventory is exhausted, vintage e.g.) the orderer will be notified. Of course, already assigned payments in advance will be immediately refunded.
(13) The supply of spirituous beverages and tobacco products (or other articles with legal lock-up periods) can only be transferred if the person receiving the goods fulfills all legal guidelines and a valid identification card can be submitted (for the proof of the mail-order establishments).
(14) If you are businessman (as defined by art. 14 BGB in Germany) the following applies additionally:
- we reserve us the right of the property in the goods until the complete compensation of all outstanding debits of the particular business relation. The pledging of reserved
goods or the transfer of ownership by the way of security is not permitted until we unfreeze our right of ownership. This corresponds to legal rules and the applicable Law.
- it is also not allowed to resell the goods in a regular business development. In this case you assign already now all claims in the amount of the invoice that arise due to
the secondary purchase to us. In this respect we accept this abandonment but you still remain authorized to request your claims. Insofar you don' t meet your payment
obligations we reserve us the right To demand every claim by ourselves.
- In connection and mixture of a reserved ware we acquire a so-called joint ownership at the ratio of the invoice value to other subjects at the moment of treatment.
- on your demand we obligate ourselves to give you the amount due to if the realizable value surmounts our claim by more then ten per cent. Any selection of
resetting guaranties rests with us. This cannot be waived.
Art. 7 Right of withdrawal
In the case that you act as a consumer (in sense of art. 13 BGB in Germany) what means that the acquisition predominantly serves nor your commercial neither
your self-employed purpose and therefore you have a revocation right (so-called right of withdrawal) with the proviso of the following assignments.
Right of withdrawal
You have the right to revoke this contract within fourteen days without any specification of the reasons. The respite amounts fourteen days at the
point of time when you or a named third party (but is not the carrier) took possession of the concerned products.
To perform your right of withdrawal you have to inform us
Firma: Robert Keiselt, sole proprietor
Adresse: Dr.-Mach-Str. 137, 85540 Haar
E-Mail: roke@rokecorp.de
about your decision to cancel this contract by an explicit statement (e.g. via letter or e-mail). You can use the exemplar from below but this is up to you.
To comply with the term it is sufficient that you send us the message about your withdrawal until the deadline has expired.
Consequences of the withdrawal
If you cancel this contract we need to reimburse you all payments that we have received (including the delivery expenses but not the costs that come from not choosing the offered low priced standard version of shipment but a divergent kind of delivery) without any delay within fourteen days from the date we have received your revocation. For the refundment we use the same payment instrument that you have applied originally, unless it explicitly has been appointed something else. In no case we will price you any fees or the like due to the back-payment. We have the right to refuse the refund until we have received our goods back or you provide the proof that you have sent the package (depending on whether what
represents the earlier point of time). You have to immediately mail or consign the ware, in either case within fourteen days starting from the moment you informed us about
your contract cancellation. To keep the term you only have to send us the goods until the deadline has been expired (the access can then be assumed). In that case
you have to pay the direct costs for the reshipment, e.g. you have to compensate possible loss in value if it can be traced back to a not necessary handling.
Sample disclaimer
If you want to cancel this contract, please fill in the following form and then send it to the mailing address mentioned above.
To
Company:
Address:
E-Mail:
Hereby I/ we (*)
cancel the contract
concerning the following sales agreement (*):
Order date (*)/ receiving date (*):
Name of the consumer(s):
Mailing address of the consumer(s):
Date/ signature of the consumer(s) (only by messages on paper):
(*) Please delete where inapplicable.
End of the special instructions
(1) The right of withdrawal does not exist if we ship products that are not prefabricated and therefore a personal consumer assignment is significant or custom-tailored needs like a
T-shirt with photo/ name are foregrounded. The same applies to sealed products that are for understandable reasons like health protection or sanitation not suitable for restitution if seals are removed. You also cannot cancel the contract if we deliver sound/ video recordings or if it' s about products that are intrinsically tied to other goods due to their constitution. Of course it is also not possible to resign a delivery of perishable foods or if their use-by date would quickly expire or if we deliver beverages at the earliest in thirty days and the price agreement of today depends on market price fluctuations (so the businessman doesn' t really have any influence on that).
(2) Please avoid any damage or contamination. Send us the ware with original packaging including all accessories. If necessary please use a protective covery box particularly if you don' t possess the original packing any more. This is recommended to protect our property properly and avoid damages in transit or even further claims for damages.
This will be persecuted.
(3) Please call us or send us an E-Mail to inform us about your reconsignment. That way you allow us a fast mapping of the concerned products and the best possible processing.
This approach spares you and us any uncertainty and a lot of unnecessary waiting time.
(4) Please keep in mind that the modalities mentioned in the preceding sections 2 and 3 are not the requirements for an effective withdrawal but inobservance can
lead us to a decision where a cut of the amount refunded is inevitable. Obviously used goods cannot be returned.
(5) The right of withdrawal expires according to art. 356 para. 5 BGB dealing with a contract about the delivery of digital content that is not located on a physical data storage medium, if the contractor already has started with his service after the consumer has agreed with this approach and also communicated that it is known that then there is no right of withdrawal any more.
Art. 8 Damages in transit
(1) Please complain about obvious damages in transit to the deliverer immediately and get in contact with us as fast as you can so we can react promptly.
(2) With regard to your legal warranty a missing customer complaint or no establishing contacts at all has no consequences but you can help us asserting our demands from the forwarding agent or the transport insurance.
Art. 9 Warranty
(1) If nothing else has been arranged the warranty claims comply with the legal regulations of selling goods (art. 433 ff. BGB in Germany). Please feel free to contact us at any time if you have questions.
(2) If you act as consumer in the sense of art. 13 BGB in Germany the limitation period of warranty claims for used property is one year (divergent to legal regulations). This restriction doesn' t count on claims due to damages of the life, body, health or in case of the violation of a fundamental contractual obligation (on which the contractual partner may trust and the fair fulfillment enables the contract at all) and for claims that are based on the intentional or grossly negligent breach of an user' s or an assistant' s duty.
(3) In general legal regulations are relevant for the warranty.
(4) If you act as businessman in the sense of art. 14 BGB in Germany then you have to obey legal regulations with the following modifications (clarification below):
- for the composition of the merchandise only our own specification and producer descriptions are binding, not mandatory are however public statements or other advertisements of the producer.
- you have to investigate the commodity concerning quality and quantity variances immediately and with the demanded carefulness and you have to notify us about evident deficits within seven days from acknowledged receipt date. For holding the deadline it is enough to submit them in time. This is also true for hidden deficits actually later on detected. However, if you violate the requirement to make a complaint in respect of a defect immediately on receipt of the goods, all warranty claims are generally excluded.
- if we' re liable for defects we have to provide warranty due to proposed rectification or replacement delivery (supplementary performance) of our choice. In the case of defect rectification we don' t need to bear the increased wharfage charges for transporting products to another place of delivery than the place of fulfillment (if the transport doesn' t
correspond to the normal use of the ware).
- if a supplementary performance fails two times you can demand either abatement or you have the right to withdraw from the contract (what falls to your free choice).
- the period of warranty is running one year from the delivery of merchandise. This confinement does not apply for claims due to damages of the life, body, health or in case
of the violation of a fundamental contractual obligation (on which the contractual partner may trust and the fair fulfillment enables the contract at all) and for claims that
are based on the intentional or grossly negligent breach of an user' s or an assistant' s duty.
Art. 10 Liability
(1) Unlimited liability:
We' re unlimited liable for deliberate intention and for gross carelessness as well as with the proviso of the law on product liability. In the case of slight negligence we are liable for injury and damages of the life, body or the health of persons.
(2) Incidentally you have to keep in mind the following limited liability: In the case of slight negligence we are only liable for a contravention of a major contractual obligation (on which the contractual partner may trust and the fair fulfillment enables the contract at all). The liability for slight negligence is in the amount limited on the predictable damages upon signing the contract and with a formation of them typically has to be expected. This limitation of liability applies also in favour of our vicarious agents.
Art. 11 Copy and usage right
(1) All digital content that is provided by the vendor may possibly be protected by copyright. These trademark rights are important to us.
(2) The client wins a timely unrestricted, easy and not transferable right of use but only for a mostly not commercial purpose. The purchaser gains no patent rights in particular there is no allowance to distribute the acquired tracks neither in a digital way nor in printed manner, no right to make them publicly (completely or in extracts) accessible or to pass them in other form to third parties (art. 17 UrhG in Germany). The right of duplication (art. 16 UrhG in Germany) is restricted to actions that are dedicated to personal
(not to a commercial) usage.
(3) The granting of user rights by the seller has a postponing requirement of the full payment of the purchasing price.
(4) Under no circumstances the user is allowed to remove any trademarks, copyright comments or other legal reservations from the products.
(5) The seller has the right to personalize the digital content that is provided for downloads individually by visible or hidden labeling for the purpose of making it possible to track the original customer and determine any abuse at a later point of time.
Every abuse will be reported and registered with the police.
(6) In the case of unauthorized usage of the digital content by the buyer or a third party the contracting party is engaged to pay a 10 000 EUR penalty per violation.
So please don' t do this (in your own interest). Thank you very much.
Art. 12 Information about the return of batteries
You are not permitted to throw batteries in the general trash but you can deliver them to public collection points of the community and everywhere batteries are sold.
Contaminant-laden batteries are branded with a sign like a crossed out trash can a chemical symbol (in Germany Cd, Hg or Pb) that is the determining factor
for the classification as contaminated heavy metal.
The "trash can" means
that batteries cannot be thrown in the general trash.
The already mentioned symbols below the trash can sign stand for:
Pb: battery contains lead
Cd: battery contains cadmium
Hg: batterie contains quicksilver
Art. 13 Information about the waste management of electrical equipment
Electric appliance cannot be thrown in the general trash but you can deliver them to public collection points of the community (usually at no cost).
For comprehensible reasons we have adapted the GTC to the so-called GDPR (General Data Protection Regulation). Your data will be collected for information only so
we can correctly handle the orders. At no time we will pass data to third parties without your explicit agreement. Full particulars regarding storage, further processing
and possible deletion are regulated by our current data privacy statement of RoKe Shop what is permanently visible on our homepage (as you see below) at any time. In addition we posted this information up in our storerooms. Please keep in mind that we provide special terms and conditions as well as an extra data privacy statement for our offer of compromise visible here on our website in the insurance subsection. Please accept that the insurance service by RoKe is only available in Germany and therefore also all the mentioned documents are only available on German.
Thank you very much!
Art. 14 Final clause
(1) If one or more assignment(s) of these general terms and conditions are or will become ineffective that has no consequence on the effectiveness of all the other regulations ("severability clause").
(2) For contracts only German Law is applicable, the regulations of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN-Kaufrecht") are explicitly excluded.
(3) If you are tradesman, you act as a corporate body under public law or it' s about special public property then the place of jurisdiction for every contractual disagreement is Munich, Germany.
Art. 15 Mediation
The European Commission provides an online platform for online settlement of disputes that could be found under http://ec.europa.eu/consumers/odr/. Here consumers have the possibility to file a complaint and take the chance to solve their disputes (amicably).