General Terms and Conditions

General Terms and Conditions with Customer Information

Table of contents

1. Scope

2. Conclusion of the contract

3. Right of cancellation

4. Prices and payment terms

5. Delivery and shipping conditions

6. Reservation of title

7. Liability for defects (warranty)

8. Special conditions for the processing of goods according to specific customer requirements

9. Applicable law

10. Code of Conduct

11. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Ursula Rohde, trading as "ROHDE+ROHDE Ursula Rohde" (hereinafter referred to as "Seller"), shall apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can be attributed neither predominantly to their commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but rather serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract with respect to the goods in the shopping basket by clicking the button that completes the ordering process. The customer may also submit the offer to the seller by email, online contact form, post or telephone.

2.3 The seller can accept the customer's offer within five days

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, in which case the date of receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.

If several of the above alternatives apply, the contract shall be concluded at the time at which one of the above alternatives occurs first. The period for accepting the offer shall begin on the day after the offer is sent by the customer and shall end on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer, with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If the customer selects a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. ://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time when the customer clicks on the button that completes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, the payment will be processed by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which available at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller declares acceptance of the customer's offer at the time when the customer initiates the payment process by clicking the button to complete the order.

2.6 When an offer is made via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The seller does not make the contract text available in any other way. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via his password-protected user account by entering the corresponding login data.

2.7 Before placing a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser's zoom function, which can be used to enlarge the display on the screen. The customer can correct his entries in the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.8 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact are usually by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered when using SPAM filters.

3) Right of cancellation
3.1 Consumers are generally entitled to a right of cancellation.

3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after the contract has been concluded, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service "PayPal" is selected, the payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which he makes advance payments to the customer (e.g. purchase on account or instalment payments), he shall assign his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative result of the check. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, cancellation declarations and returns or credit notes.

4.6 If a payment method offered by the payment service "mollie" is selected, the payment will be processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered by mollie are communicated to the customer in the seller's online shop. In order to process payments, mollie may use other payment services, for which special payment conditions may apply, which the customer will be informed of separately if necessary. Further information about "mollie" can be found on the internet at https://www.mollie.com/de/.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises his right of cancellation. In the event of the customer effectively exercising his right of cancellation, the costs of return shall be governed by the provisions of the seller's cancellation policy.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or organisation designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the customer or a person authorised to receive the goods upon delivery of the goods to the customer or such authorised person. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer in the case of consumers as soon as the seller has delivered the goods to the carrier, the freight forwarder or any other person or organisation designated to the shipment, if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment with the execution and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller. This only applies if the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of non-availability or partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5 If the seller offers the goods for collection, the customer can collect the ordered goods from the address specified by the seller during the business hours specified by the seller. In this case, no shipping costs will be charged.

6) Reservation of title

If the seller makes advance deliveries, he shall retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided for in the following provisions, the provisions of the statutory liability for defects shall apply. In deviation from this, the following shall apply to contracts for the delivery of goods:

7.1 If the customer is a business,

the seller has the choice of the type of subsequent fulfilment;
- the limitation period for defects in new goods is one year from delivery of the goods;
- the rights and claims for defects are excluded for used goods;
- the limitation period does not recommence if a replacement delivery is made under the liability for defects.

7.2 The above limitations of liability and reductions of time periods do not apply

- for claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their usual purpose of use and have caused its defectiveness,
for any obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected for entrepreneurs.

7.4 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he is subject to the commercial duty of inspection and notification of defects in accordance with § 377 of the German Commercial Code (HGB). If the customer fails to fulfil the notification obligations set out therein, the goods shall be deemed to have been approved.

7.5 If the customer is acting as a consumer, he is requested to complain to the delivery company about any goods delivered with obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his statutory or contractual claims for defects.

8) Special conditions for the processing of goods according to specific customer requirements

8.1 If, according to the content of the contract, the seller is also responsible for processing the goods according to the customer's specifications in addition to delivering the goods, the customer must provide the seller with all the content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller, and grant him the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for the fact that he has the right to use the content provided to the seller. In particular, he shall ensure that no third-party rights are violated, in particular copyrights, trademark rights and personal rights.

8.2 The customer shall indemnify the seller against any claims by third parties that may be asserted against the seller in connection with an infringement of their rights by the contractual use of the customer's content by the seller. The customer shall also bear the necessary costs of legal defence, including all court and legal fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer shall be obliged to provide the seller with all information that is necessary for the examination of the claims and a defence, without delay, truthfully and in full.

8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or is contrary to public policy. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to young people and/or glorifies violence.

9) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

10) Code of Conduct

The seller has agreed to the terms and conditions of the eCommerce initiative "Fairness im Handel" (Fairness in Trade), which can be viewed online at https://www.fairness-im- handel.de/teilnahmebedingungen/.

11) Alternative dispute resolution
11.1 The EU Commission provides a platform for

online dispute resolution: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

11.2 The seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.

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