Conditions of Use

Conditions of Use

Conditions of Use

§ 1 General

This is the translation of the German Conditions of Use. The German version is valid in any case of differences between the German and the international text.

The following Conditions of Use are effective for all agreements that will be concluded between the buyer and RoBa Versand oHG represented by the executive Gisela Bensel, Sofienstraße 3/3, 69168 Wiesloch (in the following: RoBa). Different conditions of the buyer that are not explicitly accepted by RoBa are not binding for RoBa.

Any deviations from these Conditions of Use have to be given in writing or must be explicitly confirmed to be valid. The conditions which are valid at the moment of the agreement's conclusion will be part of the agreement.

§ 2 Prices and Delivery cost

2.1 For a delivery inside EU, all product prices contain the valid German VAT. The cost for shipping and handling are additionally cost.

2.2 For a delivery outside EU all product prices are net prices without German VAT. The cost for shipping and handling are additionally cost.

2.3 The ordered goods can be picked up at Roba's business location or will be delivered in the name and to the cost of the customer with Deutsche Post or DHL at the delivery address specified by the customer. The delivery cost to be paid are listed in detail in our delivery terms.

2.4 All additionally cost, also for subsequent deliveries, will be taken by RoBa.

§ 3 Conclusion of Contract

3.1 RoBa's on-line offers at the web site are without engagement and not binding. The buyer makes a binding offer for an agreement of sale by placing an order which will be transmitted to RoBa. RoBa reserves their right to accept or to refuse this offer.

3.2 After placing the order at RoBa you will receive an E-mail which confirms that the purchase order was received at RoBa and furthermore confirms the order details such as goods, quantities and prices. The order confirmation contains the conditions of use and the information about the right of withdrawal. This order confirmation is not a binding agreement of sale, it is just for your information that your order was received at RoBa.

3.3 An agreement of sale will be concluded that RoBa sends the customer an additional E-mail which confirms that the ordered goods are in stock and includes furthermore an invoice which contains the payment terms chosen by the customer (contract validation).

3.4 There is no conclusion of contract about those goods of the order, which are not listed in the contract validation.

§ 4 Cost of Reconsignment by exertion of Right of Withdrawal

Has the customer a right of withdrawal according to § 312d para. 1 S. 1 Bürgerliches Gesetzbuch (BGB) he has to pay the cost of reconsignment. This is not valid, when the delivered goods do not match the ordered goods. In all other cases RoBa takes the cost of reconsignment.

§ 5 Delivery

As far as not agreed in another way, the delivery of goods will be done from RoBa inventory to the customer's delivery address provided by the customer. Declarations of the delivery time are not binding except an obliging delivery date has been agreed.

§ 6 Due-dates and Payment, Delay

6.1 The can pay the sales price via PayPal, PayPal Express, Moneybookers (the activated payment options of this financial service provider such as credit card or automatic debit transfer) or moneyorder. All these options are payment in advance. Cash payment is possible at personal pick-up of goods. The cost of the money transfer charged by PayPal or Moneybookers to RoBa, will be paid by RoBa. Cost of moneyorders and cost for PayPal or Moneybookers charged to the customer will be paid by the customer. If moneyorder inside Germany or inside EU is activated, for each payment a total discount of 2% for all items (excluding the shipping cost) will be granted.

6.2 Is the customer in delay of payment, RoBa has the right to claim late interest of 5% above the base rate given by ECB (European Central Bank). In case of an approved higher damage caused by delay for RoBa, RoBa has the right to claim compensation.

§ 7 Summation, Retention

The customer has the right for summation only, when his counterclaims are approved legally binding or undisputed by RoBa. Furthermore the customer has the right for Retention only when his counterclaims based on the same contractual relationship.

§ 8 Reservation of Property rights

The delivered goods remain RoBa's property until the payment is completed.

§ 9 Warranty for defects

9.1 In case of a defect in the purchased goods, the legal prescriptions are valid. An assignation of these customer's claims is excluded.

9.2 As far as in the following nothing is incidental, all advanced claims of the customer - independently of which legal foundation - are excluded. RoBa is not liable for any damages which are not at the delivered good itself. Especially RoBa is not loss liable for loss of profit or other financial losses of the customer. This is also valid for the personal liability of employees, factors, servants and assignees.

9.3 The limitation of liability of the previous sections is not valid as far as the cause of damage is based on intention or gross negligence or a personal injury exists. It is furthermore not valid when the customer claims titles regulated by law.

9.4 As far as RoBa violates negligent an essential contractual obligation is the liability to pay damages limited to the typically caused damage.

9.5 Is the supplementary performance performed by a compensation delivery the customer has the duty to send the foremost delivered (flawed) goods in between 30 days to RoBa at RoBa's cost. The return consignment of the flawed goods has to be performed according to the statutory provisions. RoBa reserves his right to claim indemnity under the statutory assumptions.

9.6 The limitation period is two years and begins with the delivery at the customer.

§ 10 Acquisition, Processing and Usage of Customer Data

10.1 Data, RoBa receives from the customer, support RoBa to continuously improve and to develop the shopping environment of RoBa as an individual space for the customer. RoBa uses this information for handling orders, deliveries of ordered goods and payments. RoBa uses the data furthermore to communicate with the customer about current orders, products and new products as well as to update the basic customer and product data. The data are also used to provide the customer on his wish with product-recommendations. The data are also used to improve the on-line shopping portal, to prevent malpractice of the web site or to discover a malpractice.

10.2 Additional information about kind, coverage and scope of the acquisition, processing and usage of personal customer data necessary for the handing of order processes you can find in our privacy policy.

§ 11 Final Clause

11.1 The substantive law of the Federal Republic of Germany is valid. The UN agreements about contracts of international purchase of goods are not valid.

11.2 For a customer who is salesman, an entity of public law or an entity of separate assets under public law, the only place of jurisdiction for all disputes for this contract is Kiel. The same will be valid, if the customer has no general place of jurisdiction in Germany.

11.3 If one rule of these Conditions of Use shall be invalid or impracticable, this does not apply to the other valid Conditions of Use nor their effectiveness. Such a rule has to be replaced by another rule which comes closest to the economic essence and purpose of the invalid rule and which is legal.

State: June 2014



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