Terms and Conditions

General Terms and Conditions (GTC) and consumer information of Rockbros Sport GmbH

1 Scope

1.1 These terms and conditions of "Rockbros Sport GmbH" (hereinafter referred to as "Seller") apply to all contracts that the customer concludes with the seller with regard to the products and/or services presented in the seller's online shop. The inclusion of the customer's own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 Customers within the meaning of section 1.1 are both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

2 Conclusion of contract

2.1 The product presentations contained in the Seller’s online shop serve to submit a legally binding offer by the Customer.

2.2 The customer can submit the offer in writing, by email or, if available, via the online order form integrated in the seller's online shop. When ordering via the online order form, the customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart after entering their personal data and clicking the "Order" button in the final step of the ordering process. Before the order is placed, all entries can be corrected at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is placed and can also be corrected there using the usual keyboard and mouse functions.

2.3 The seller will confirm receipt of the customer's offer immediately by electronic means (email). The seller can accept the customer's offer by means of a written (letter) or electronically transmitted (email) order confirmation or by delivering the goods within five days. The seller is entitled to refuse acceptance of the order.

2.4 We save the contract text and send you the order data by email. You can view the terms and conditions here at any time. You can view your past orders in our customer login area.

2.5 Order processing and contact are carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3. Right of withdrawal for consumers

(Consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his or her commercial or independent professional activity)

beginning of the cancellation policy

right of withdrawal

You have the right to cancel this contract within 14 days without giving any reason.

revoked.

The cancellation period shall be 14 days from the day on which you or a person authorized by you

designated third party, other than the carrier, has taken possession of the last goods

have or has.

Deviating from this, the withdrawal period in the case of a contract for regular

Delivery of goods over a specified period of fourteen days from the

Day on which you or a third party other than the carrier designated by you receives the

first took possession of the goods.

To exercise your right of withdrawal, you must contact us (Rockbros Sport GmbH, Goethestraße 11E,

15234 Frankfurt (Oder), Germany, Tel.: 0049 33566590571, E-Mail: service@qunature.de)

by means of a clear statement (e.g. a letter sent by post or email)

of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not obligatory. To meet the withdrawal deadline,

It is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of cancellation. If you cancel this contract, we will immediately refund all payments that we have received from you. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

end of the cancellation policy

General information

Please avoid damaging or contaminating the goods. If possible, please send the goods back to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage. If possible, please do not send the goods back to us freight collect. Please note that the above paragraphs are not a prerequisite for the effective exercise of the right of withdrawal.

4 Return costs when exercising the right of withdrawal

We will cover the full cost of return shipping by providing a free return label.

5 Prices and payment terms

5.1 The prices stated by the seller are final prices, i.e. they include all price components, including statutory German sales tax. Any additional delivery and shipping costs are stated separately in the respective product description in the offer. Additional costs are incurred in individual cases for cross-border deliveries, such as additional taxes and/or duties, for example in the form of customs duties.

5.2 For deliveries within Germany, the Seller offers the following payment options, unless otherwise specified in the respective product presentation in the offer:

Prepayment by

-Transfer
-PayPal
-Klarna

5.3 If shipping abroad is also offered for the respective product, the customer has the following payment options for deliveries abroad, unless otherwise specified in the respective product description in the offer:

Prepayment by

-Transfer
-PayPal
-Klarna

5.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

5.5 The customer is only entitled to set off if the counterclaim is undisputed, legally established or acknowledged by the seller.

5.6 The customer may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

6 Delivery and Shipping Conditions

6.1 Goods are usually delivered by post to the delivery address provided by the customer. When processing the transaction, the delivery address provided by the customer in the seller's shop order processing is decisive. Even if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal is not decisive. If no separate delivery address is provided, the billing address is considered the delivery address.

6.2 If delivery to the customer is not possible, the commissioned transport company will send the goods back to the seller, whereby the customer must bear the costs for the unsuccessful delivery. This does not apply if the customer is not responsible for the unsuccessful delivery attempt or if he exercises his right of withdrawal by doing so.

6.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer or a person authorized to receive them when they are handed over. If the customer is an entrepreneur (acting in the exercise of his commercial or independent professional activity; Section 14 of the German Civil Code), the risk of accidental loss and accidental deterioration in the case of mail order sales passes to a suitable transport person when the goods are delivered to the seller's place of business.

6.4 In relation to an entrepreneur, all agreed delivery periods are subject to correct and timely self-delivery in cases where the seller has concluded a specific hedging transaction and is not responsible for the lack of availability.

7 Retention of title

7.1 The goods delivered by the Seller remain the property of the Seller until full payment has been made.

8 Liability for Defects

8.1 If there is a defect in the purchased item, the statutory provisions apply. The following applies in deviation from this:

8.2 For entrepreneurs, an insignificant defect does not generally give rise to any claims for defects. If the seller has the choice of the type of subsequent performance, the limitation period for defects in the case of new goods is one year from the transfer of risk. If the rights and claims due to defects are generally excluded in the case of used goods, the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

8.3 For consumers, the limitation period for claims for defects in new goods is two years from delivery of the goods to the customer.
for used goods, one year from delivery of the goods to the customer.

8.4 For entrepreneurs, the statutory limitation periods for the right of recourse pursuant to Section 478 of the German Civil Code (BGB) remain unaffected; the same applies to entrepreneurs and consumers in the event of an intentional breach of duty and fraudulent concealment of a defect.

8.5 Furthermore, for entrepreneurs and consumers, the above limitations of liability in clause 9.1 and clause 9.2 do not apply to claims for damages and reimbursement of expenses that the buyer can assert under the statutory provisions due to defects. Clause 9.2 applies to these claims.

8.6 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set out therein, the goods are deemed to have been approved.

8.7 If the customer is a consumer, he is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his legal or contractual claims for defects.

8.8 If the subsequent performance is carried out by way of a replacement delivery, the customer is obliged to return the goods initially delivered to the seller within 30 days at the seller's expense. The defective goods must be returned in accordance with the statutory provisions.

8.9 The assignment of the customer’s claims for defects is excluded.

9 Liability

9.1 The seller shall be liable without limitation for any legal reason in the event of injury to life, body or health, in the event of intent or gross negligence, in the event of fraudulent intent and breach of a guarantee promise and if liability arises in accordance with mandatory statutory provisions, such as the Product Liability Act.

9.2 Furthermore, the Seller shall be liable, regardless of the legal basis, as follows:

9.2.1 If the seller has negligently breached a contractual obligation (so-called cardinal obligation), the liability for damage to property is limited to the foreseeable, typically occurring average damage. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.

9.2.2 If the Seller has negligently breached an immaterial contractual obligation, the obligation to pay compensation is limited to the order value.

10 Notes on data processing

10.1 The provider collects customer data as part of the processing of contracts. Customer-related data processing is carried out by the service provider "MBB Logistics" (MBB LOGISTICS SP. Z OO in 69-100 SŁUBICE, Poland). Personal data is passed on to "MBB Logistics" exclusively for the purpose of processing the customer's online order. Details on data protection at MBB Logistics and the data protection declaration of MBB LOGISTICS SP. Z OO can be viewed at the following link: https://mbblogistics.pl/de/dsgvo/ . The customer's personal data will also be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods.
Without the customer’s consent, the provider will only collect, process or use the customer’s inventory and usage data to the extent that this is necessary for the execution of the contractual relationship and for the use and billing of teleservices.
After the contract has been fully processed and the purchase price has been paid in full, the customer's data will be stored in accordance with tax and commercial retention periods, but will be deleted after these periods have expired unless the customer has expressly consented to the further use of his data.

10.2 Without the customer’s consent, the provider will not use the customer’s data for advertising, market or opinion research purposes.

10.3 The customer has the option of retrieving, changing or deleting the data stored by us at any time upon request. Please contact service@qunature.de or send us your request by post.

10.4. Notes on cookies:
In this shop, information about the contents of your shopping cart is stored in cookies, which can then be called up on your next visit. If you would like to register with us or place an order, we need your customer data. If you are already a customer, you can easily log in using your email address and your personal password. The data stored in the cookie saves you from having to fill out forms. You can also manage the acceptance of cookies from this site in your browser program and block them if necessary. You can do this in Internet Explorer 6.x as follows:

Tools>Internet Options>Privacy>Advanced>Disable automatic cookie handling>each ("Prompt")>OK>OK

11 Applicable Law

11.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

11.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if his or her place of residence or habitual abode is not known at the time the action is brought. The right to also bring the case before a court at another legal place of jurisdiction remains unaffected.

11.3 Dimensions stated in the item description are approximate.

11.4 The contract language is German.