Terms and Conditions
A. General Terms and Conditions
1. Scope of Application
These Terms and Conditions of the Rocket Commerce GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between the consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller relating to all goods and/or services presented by the Seller in his online shop. The inclusion of the Customer's own conditions is herewith objected to, unless other terms have been stipulated.
For the purpose of these General Terms and Conditions, consumer is every natural person concluding a legal transaction for a purpose attributed neither to a commercial nor a self-employed occupational activity. For the purpose of these General Terms and Conditions, entrepreneur is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2. Conclusion of the Contract
Product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Customer.
The Customer may submit the offer in writing, by fax, e-mail or by the online order form integrated into the Seller's online shop. When placing the order using the online order form, the Customer submits a legally binding offer of contract for the goods in the online shopping basket after entering its personal data and by clicking the button "place order" during the final step of the ordering process.
The Seller may accept the Customer's offer by a written (letter) or electronically transmitted (fax or e-mail) order confirmation, or by delivering the goods within five days. The Seller reserves the right to refuse the order.
Order processing and contacting usually takes place via e-mail and automated order processing. It is the Customer's responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Customer's responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3. Right to Cancel
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual's trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us (Rocket Commerce GmbH, Oberhafenstraße 1, 20097 Hamburg, Tel.: 0208 068 87 69, E-Mail: email@example.com) of your decision to cancel this contract by a clear statement (e.g. by mail, fax or email).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion and/or premature expiration of the right to cancel
The right to cancel is excluded for contracts for the supply of goods that are made to the consumer's specifications or are clearly personalized.
Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage. Please note that the above general information is not a precondition for effectively exercising your right to cancel.
4. Return Shipping Charges when Exercising the Right of Revocation
You will be responsible for the costs of returning the goods to us.
5. Prices and Payment Conditions
All prices indicated by the Seller are final prices and include the legal value added tax. Any possible additional delivery and dispatch costs are specified separately in the respective order step.
For deliveries within the United Kingdom the Seller offers the following payment options:- PayPal- Credit card5.3
For deliveries to countries outside the European Union, additional costs may arise for individual cases that the Seller is not responsible for and which are to be borne by the Customer - such costs may be cost for money transfers by credit institutions (e.g. transfer and exchange fees) or duties and taxes (e.g. customs duties).
When choosing the payment option credit card the credit card account of the Customer will be debited immediately after the Seller's acceptance in accordance with Section 2.3 of the Seller's General Terms and Conditions (see above).
6. Shipment and Delivery Conditions
Goods are generally delivered on dispatch route and to the delivery address indicated by the Customer. In the processing of the transaction, the delivery address indicated during the Seller's order processing shall be applicable.
Should the transport company return the goods back to the Seller due to the fact that delivery to the Customer has not been possible, the Customer bears the costs for the unsuccessful dispatch. This shall not apply if the Customer by refusing the acceptance exercises his/her right of revocation, if he/she is not responsible for the reason causing the impossibility of delivery or if he/she has been temporarily impeded to receive the offered goods/service, unless the Seller has notified the Customer the Customer for a reasonable time in advance about the service.
The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client upon delivery of the goods to the Client or to an authorized recipient. Should the Client act as an entrepreneur, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller's place of business.
The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall immediately inform the Client and grant him immediately counterperformance.
Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller. In this case no shipment costs will be charged.
7) Reservation of Proprietary Rights
In case the Client is a consumer, the Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full. In case the Client is an entrepreneur, the Seller reserves title to the goods delivered until the fulfillment of all claims arising out of the current business relationship.
7.1 In case the Client is an entrepreneur, he is entitled to resell the reserved goods in the course of regular business operations. All claims resulting from such course of business against a third party shall herewith be assigned in advance to the Seller in the amount of the respective invoice value (including VAT). This assignment of claims shall be valid regardless whether the reserved goods are processed prior to or following resale or not.
The Client remains entitled to collect the claims even after assignment irrespective of the Seller's authority to also collect the claims. However, the Seller shall refrain from collecting the claims as long as the Client meets his payment obligations, is not in default and no application has been lodged to open insolvency proceedings.
Should the object of purchase be deficient, statutory provisions shall apply. Deviating thereof, the following shall apply for a product which was not used, in accordance with its usual application, for building construction and which was the cause of the building's defectiveness:
8.1 Vis-à-vis entrepreneurs
- a marginal defect shall generally not constitute claims for defects.
- the Seller may choose the type of subsequent performance.
- for new goods, the limitation period for defects shall be one year from transfer of risk
- for used goods, rights and claims for defects are generally excluded.
- the limitation period shall not recommence, if a replacement delivery is carried out within the scope of liability for defects.
8.2 For consumers the limitation period for claims for defects shall be
- for new goods, two years from delivery of goods to the Customer
- for used goods, one year from delivery of goods to the Customer with the limitation of Section .3.
For entrepreneurs and consumers, the aforementioned limitations of liability and the restrictions of limitation periods in Section 7.1 and Section 7.2 do not refer to claims for damages and reimbursement of expenses that the buyer may assert due to statutory provisions for defects according to Section 8.
Furthermore, for entrepreneurs the statuary limitation periods for recourse claims pursuant to Section 478 of the German Civil Code (BGB) remain unaffected. The same shall apply for entrepreneurs and consumers in the event of wilful intent or gross negligence and fraudulent concealment of a defect.
If the Client is a businessperson pursuant to Section 1 of the German Commercial Code (HGB) he/she has the commercial duty to examine and notify defects pursuant to Section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.
If the Client is a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller be informed accordingly. Should the Client fail to comply therewith, this shall not affect his/her statutory or contractual claims for defects.
Should supplementary performance be rendered by means of replacement delivery, the Client is obliged to resend the initially delivered goods to the Seller within 30 days at the Seller's expense. For return shipment of deficient goods statuary provisions shall apply.
The Seller shall be liable for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
The Seller shall face unlimited liability regardless of the legal ground
- in case of intent or gross negligence,
- in case of injuries of life, body or health resulting from intent or negligence,
- in case of a promise of guarantee, unless otherwise provided,
- in case of liability resulting from mandatory statutory provisions such as the product-liability-law.
Provided that the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to Section 8.1. Essential significant contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.
9.3 For the rest the Seller's liability is excluded.
The aforementioned provisions on liability apply also for the Seller's liability regarding his legal representatives and vicarious agents.
10. Applicable Law, Court of Jurisdiction, Contractual Language
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his/her habitual residence.
Provided that the Customer is a merchant, a legal entity as defined by public law, or a special fund under public law established in the territory of the Federal Republic of Germany, the exclusive venue for any disputes arising from this contract shall be the Seller's business location. If the Customer's domicile is located outside the territory of the Federal Republic of Germany, then the Seller's business location shall be the exclusive venue for any disputes arising from this contract, provided that the contract or claims under this contract can be attributed to the professional or commercial activity of the Customer. In any event is the Seller in the above cases entitled to take legal action at the court having jurisdiction for the Customer's location.
Contractual language is English.
B. Customer Information
1. Information on the Seller's Identity
Rocket Commerce GmbH
Commercial Register: Hamburg
Company Registration Number: HRB 134593
Managing Directors: Pejman Rajaei, Peyman Rajaei
Sales Tax Identification Number: DE 273281406
Support Tel.: 0208 068 87 69
2. Information on the significant Characteristics of the Goods or Services
The significant characteristics of the goods or services result from the respective product description presented by the Seller.
3. Information on the Conclusion of the Contract
The contract shall be concluded in accordance with Section 2 of the Seller's General Terms and Conditions (see above).