Terms and Conditions
General Terms and Conditions of RollArt GmbH with Customer Information
Table of contents
- 1. Scope of application
- 2. Conclusion of the contract
- 3. Right of revocation
- 4. Prices and terms of payment
- 5. Delivery and shipping terms
- 6. Retention of ownership
- 7. Liability for defects (warranty)
- 8. Applicable law
- 9. Place of jurisdiction
- 10. Alternative dispute resolution
1) Scope of application
1.1 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of RollArt GmbH (hereinafter "RollArt GmbH") apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter "Customer") concludes with RollArt GmbH with regard to the goods presented by RollArt GmbH in its online shop. The inclusion of the customer's own terms and conditions is hereby denied, unless otherwise agreed.
1.2 The Consumer pursuant to these GTC is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. Entrepreneur pursuant to these GTC is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity in concluding a legal transaction.
2) Conclusion of the contract.
2.1 The product descriptions contained in the online shop of RollArt GmbH do not represent binding offers on the part of RollArt GmbH, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated in the online shop of RollArt GmbH. By completing the electronic ordering process after placing the selected goods in the virtual shopping basket, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. Furthermore, the Customer can also submit the offer to RollArt GmbH by telephone, fax, e-mail, post or online contact form.
2.3 RollArt GmbH may 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 email), 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 receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after placing the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer.
If RollArt GmbH does not accept the customer's offer within the aforementioned period, this shall be regarded as a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 If the payment method "Amazon Payments" is selected, payment shall be processed via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"), under the terms of the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method within the framework of the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case RollArt GmbH declares the acceptance of the offer of the Customer at the time when the Customer triggers the payment process by clicking the button completing the order process.
2.6 When submitting an offer via the online order form of RollArt GmbH, the text of the contract will be stored by RollArt GmbH and sent to the Customer in text form (e.g. email, fax or letter) together with the present GTC after sending the order. In addition, the contract text shall be archived on the RollArt GmbH website and can be retrieved free of charge by the Customer via his or her password-protected Customer account by providing the corresponding login data, provided that the Customer has created a Customer account in the RollArt GmbH online shop before sending his or her order.
2.7 Before binding submission of the order via the online order form of RollArt GmbH, the Customer can detect possible input errors by attentively reading the information displayed on the screen. The browser's zoom function, which enlarges the display on the screen, is an effective technical means for better detection of input errors. Within the framework of the electronic ordering process, the Customer may correct his or her entries using the usual keyboard and mouse functions until he or she clicks on the button completing the ordering process.
2.8 The conclusion of the contract is solely available in the German language.
2.9 The order processing and establishment of contact usually take place by email and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct, so that emails sent by RollArt GmbH can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by RollArt GmbH, or by third parties commissioned by RollArt GmbH to process the order, can be delivered.
3. Right of revocation
3.1 Consumers are principally entitled to a right of revocation.
3.2 Further information on the right of revocation can be found in the RollArt GmbH revocation instructions
4) Prices and terms of payment
4.1 Unless otherwise stated in the product description of RollArt GmbH, the prices quoted are total prices which include the statutory sales tax. Any additional delivery and shipping costs will be stated separately in the product description.
4.2 The Customer will be informed of the payment option(s) in the online shop of RollArt GmbH.
4.4 When selecting the payment method "PayPal Credit" (instalment payment via PayPal), RollArt GmbH assigns its payment claim to PayPal. Before accepting the declaration of assignment of RollArt GmbH, PayPal shall carry out a credit check using the Customer’s transmitted data. RollArt GmbH reserves the right to refuse the Customer the payment method "PayPal Credit" in case of a negative credit check result.If the payment method "PayPal Credit" is permitted by PayPal, the Customer shall pay the invoice amount to PayPal according to the conditions determined by RollArt GmbH, which shall communicated to the Customer in the online shop of RollArt GmbH.In this case he or she can only pay to PayPal with debt discharging effect. In the case of the claim assignment, however, RollArt GmbH shall also be responsible for general customer inquiries e.g. to the product, delivery time, dispatch, returns, complaints, revocation declarations/shipments or credit notes.
4.5 If the payment method "SOFORT Überweisung" is selected, payment shall be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "SOFORT"). In order to be able to immediately pay the invoice amount by bank transfer, the Customer must have an online banking account with PIN/TAN procedure that has been activated for participation in immediate bank transfer, prove his or her identity accordingly during the payment process and confirm the payment order to immediate effect. The payment transaction is carried out immediately afterwards by SOFORT and the Customer's bank account is debited. The Customer can find more detailed information on the SOFORT payment method by bank transfer at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.
5) Delivery and shipping conditions
5.1 The delivery of goods shall be effected by dispatch to the delivery address specified by the Customer, unless otherwise agreed. The delivery address stated in the order processing of RollArt GmbH is decisive for the transaction. Deviating from this, the delivery address deposited with PayPal by the Customer at the time of payment is decisive when selecting the payment method PayPal.
5.2 If the transport company returns the shipped goods to RollArt GmbH because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This shall not apply if the Customer effectively exercises his or her right of revocation, if he or she is not responsible for the circumstance which led to the impossibility of delivery or was temporarily prevented from accepting the service offered, unless RollArt GmbH had given prior notice of the service for a reasonable period of time.
5.3 Collection by the Customer is not possible for logistical reasons.
6) Retention of ownership
If RollArt GmbH makes an advance service, it retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 The Customer is requested to complain to the shipping provider about any delivered goods with obvious transport damage, and to inform RollArt GmbH thereof. If the Customer does not do so, this shall have no effect on his or her statutory or contractual claims for defects.
8) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. Regarding consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
9) Place of jurisdiction
If the Customer acts as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of RollArt GmbH. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of RollArt GmbH is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the aforementioned cases, RollArt GmbH is entitled in any case to appeal to the court at the Customer's place of business.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution at the following link: http://ec.europa.eu/consumers/odr This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
10.2RollArt GmbH not obligated to participate in a dispute resolution process before a consumer arbitration board, but is principally willing to do so.
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