General Terms and Conditions

General Terms and Conditions (GTC) with customer information

1.1 These General Terms and Conditions (hereinafter referred to as ‘GTC’) apply to all contracts concluded between Ursula Rohde, trading as ‘ROHDE+ROHDE Ursula Rohde’ (hereinafter referred to as ‘Seller’), and a consumer or entrepreneur (hereinafter referred to as ‘Client’) via the Seller's online store. Any of the customer's terms and conditions that may differ from these Terms and Conditions shall not apply unless otherwise expressly agreed in writing.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can be attributed primarily neither to their commercial nor their self-employed professional activity.

1.3 An entrepreneur in the sense of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.

2) Conclusion of contract

2.1 The products displayed in the seller's online store are non-binding and do not constitute a legally binding offer, but serve as an invitation to the customer to submit an offer.

2.2 The customer can place a binding order using the online order form. The customer places the desired goods in the virtual shopping basket, goes through the ordering process and submits a legally binding offer by clicking on the order button. Alternatively, an order can also be placed by email, contact form, post or telephone.

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

by sending an order confirmation in writing (e.g. by email),

by delivering the goods, or

by sending a request for payment to the customer.

Acceptance shall be effected by the first of the above alternatives to occur. If no acceptance is forthcoming within the deadline, the offer shall be deemed rejected.

2.4 If a payment method via PayPal is selected, payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg. The PayPal terms of use apply, which can be viewed at:

https://www.paypal.com/de/webapps/mpp/ua/useragreement-full

If the customer does not have a PayPal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

If the customer selects a PayPal payment method, the seller declares acceptance of the offer at the moment the customer completes the order process.

2.5 The text of the contract is stored after the contract is concluded and sent to the customer by email. No further storage is provided for. If the customer has created a user account, their orders can be accessed there.

2.6 Before placing the order, the customer can recognise input errors by carefully checking the order overview. Technical aids such as the browser's zoom function can help with this. Until the final confirmation, the customer can correct his entries using the usual functions of the user interface.

2.7 The languages available for concluding the contract are listed in the online store.

2.8 The order is usually processed by email and automated order processes. The customer is obliged to provide a correct email address and ensure that they are able to receive messages (e.g. by checking spam filters).

Right of cancellation

3.1 Consumers have a fundamental right of cancellation.

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

Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For 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 the transfer of money 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 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 is concluded, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the ‘PayPal’ payment service is selected, the payment is processed via PayPal, whereby PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which the seller provides advance payment to the customer (e.g. purchase on account or payment by instalments), the seller assigns its 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 carries 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 credit 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 payments with debt-discharging effect to PayPal or the payment service provider contracted by PayPal. However, even in the event of the assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credit notes.

4.6 If the ‘IMMEDIATELY’ payment method is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter ‘IMMEDIATELY’). In order to pay the invoice amount via ‘SOFORT’, the customer must have an online banking account that is activated for participation in ‘SOFORT’, must identify themselves accordingly during the payment process and must confirm the payment instruction to ‘SOFORT’. The payment transaction will be carried out immediately by ‘SOFORT’ and the customer's bank account will be debited. The customer can find more information about the ‘SOFORT’ payment method online at https://www.klarna.com/sofort/.

4.7 If a payment method offered via the ‘mollie’ payment service is selected, the payment will be processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: ‘mollie’). The customer will be informed of the individual payment methods offered by mollie in the seller's online shop. To process payments, mollie may use additional payment services that may be subject to special payment terms, which the customer may be notified of separately. Further information about ‘mollie’ is available on the Internet at https://www.mollie.com/de/.

4.8 If the payment method ‘purchase on account’ is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 30 days of the invoice date, unless otherwise agreed. The payment method of purchase on account requires a successful credit check by Klarna AB. If the customer is allowed to use the payment method of purchase on account after the credit check, the payment is processed in cooperation with Klarna AB, to which the seller assigns his payment claim. In this case, the customer can only make payments with debt-discharging effect to Klarna AB. In addition, the General Terms and Conditions of Klarna AB, which the customer can access during the ordering process, shall apply. The seller reserves the right to offer the payment method of purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller shall inform the customer of a corresponding payment restriction in the seller's payment information in the online shop.

4.9 If the payment method ‘PayPal Invoice’ is selected, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method ‘PayPal Invoice’ in the event of a negative credit check. If the payment method ‘PayPal Invoice’ is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment period. In this case, he can only make payments to PayPal with a debt-discharging effect. However, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credit notes, even in the event of the assignment of claims. In addition, the general terms and conditions for the use of PayPal's purchase on account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.10 If the customer selects the ‘PayPal direct debit’ payment method, the invoice amount will be collected by PayPal after a SEPA direct debit mandate has been issued. However, this will only take place after the deadline for advance information has expired. A pre-notification is a message to the customer that announces an upcoming SEPA direct debit, for example in the form of an invoice or a contract. If the direct debit cannot be cashed due to insufficient funds in the account or incorrect bank details, or if the customer objects to the debit without justification, the customer shall bear the chargeback fees incurred, provided that the customer is at fault.

4.11 If you select a payment option that is processed by the payment service provider ‘Klarna’, payment is made via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. Further details and the applicable terms and conditions can be viewed at the following link: https://www.design-lichtschalter.com/Footerkategorie-DE/Shopservice/Versand-und-Zahlungsbedingungen/

5. Delivery and shipping terms

5.1 If the seller offers to ship the goods, delivery will be made within the specified delivery area to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided during the order process is decisive in this regard.

5.2 If a delivery fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred as a result. This does not apply to the costs of the initial delivery if the customer properly exercises his right of cancellation. The regulations for returns in the event of cancellation are specified in the seller's cancellation policy.

5.3 If the customer is acting as a business, the risk of accidental loss or damage to the goods shall pass to the customer as soon as the goods have been handed over to the transport company. If the customer is a consumer, this risk shall only pass to the customer when the goods are handed over to the customer or a person authorised to receive them. An exception to this rule applies if the consumer has commissioned the transport company themselves and the seller has not named the transport company in advance.

5.4 If the seller does not receive the goods himself or does not receive them on time, he reserves the right to withdraw from the contract. This is only possible if the seller has concluded a corresponding hedging transaction with his supplier and is not responsible for the non-delivery. In the event of non-availability, the customer will be informed immediately and any payments already made will be refunded without delay.

5.5 It is not possible to collect the goods in person for organisational reasons.

6. Retention of title If the seller provides advance performance, the goods remain the property of the seller until the purchase price has been paid in full.

7. Liability for defects (guarantee) Unless otherwise stated, the statutory provisions for liability for defects apply. The following deviations apply to contracts for the delivery of goods:

7.1 If the customer is a business,

the seller determines the type of supplementary performance;

the limitation period for defects in new goods is one year from delivery;

warranty rights for used goods are excluded;

the limitation period does not start again if a replacement delivery is made under the warranty for defects.

7.2 The limitations of liability and shortened deadlines set out in the previous sections shall not apply:

to claims by the customer for damages or reimbursement of wasted expenditure,

if the seller has deliberately concealed a defect,

to goods that have been integrated into a building in accordance with their intended use and have caused defects there,

on the seller's obligation to provide updates for digital products in the case of contracts for goods with digital elements.

7.3 For entrepreneurs, the statutory limitation periods with regard to a possible right of recourse remain unaffected.

7.4 If the customer acts as a merchant within the meaning of the German Commercial Code (HGB), the inspection and notification obligations apply to him in accordance with § 377 HGB. If the customer fails to meet the notification requirements prescribed therein, the goods shall be deemed accepted.

7.5 If the customer is a consumer, it is recommended to complain about obvious transport damage directly to the deliverer and to inform the seller about it. However, failure to report shall have no effect on statutory or contractual warranty rights.

8. Liability The seller shall be liable to the customer in accordance with the statutory provisions for claims for damages and reimbursement of expenses under the following conditions:

8.1 The seller has unlimited liability:

in the event of intent or gross negligence,

in the event of injury to life, limb or health resulting from negligence or intent,

within the scope of an assumed guarantee, unless otherwise regulated,

according to mandatory legal provisions, in particular the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are those that are of fundamental importance for the performance of the contract and on whose compliance the customer may regularly rely.

8.3 In all other cases, the seller's liability is excluded.

8.4 These liability provisions also apply to the seller's agents and legal representatives.

8.5 Exclusion of liability for third-party costs:

The seller assumes no liability for costs incurred through the use of third parties, even if these are related to a defective delivery or defective goods. In particular, no liability is accepted for costs incurred by the commissioning of service providers (e.g. electricians, tradesmen) or by other necessary measures that the buyer takes on his own initiative due to faults or defects in the delivered goods. This also applies in the event of a faulty delivery or a delayed delivery for which the seller is responsible.

8.6 Exclusion of liability for consequential costs in the event of incorrect, delayed or defective delivery:

The seller assumes no liability for any consequential costs arising from an incorrect delivery, a delayed delivery or a delivery of defective or faulty goods, including, but not limited to, late delivery charges, additional shipping costs or lost profits. The seller is not obliged to bear these costs, even if the delivery by the seller was faulty or late. Any claims by the buyer for compensation for consequential costs are excluded, unless they are based on gross negligence or intent on the part of the seller.

9. Special provisions for the processing of goods according to customer specifications

9.1 If, in addition to delivery, the seller also processes the goods according to customer specifications, the customer is obliged to provide all the necessary content (texts, images, graphics) in the formats and sizes specified by the seller and to grant the seller the necessary rights of use. The customer is responsible for the rights to this content and warrants that no rights of third parties are violated by its use.

9.2 If a third party takes action against the seller due to the use of this content, the customer shall indemnify the seller against all related claims. This also includes necessary legal defence costs. The indemnity does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller with all necessary information in the event of a dispute with a third party.

9.3 The seller reserves the right to refuse orders if the content provided violates legal provisions or moral principles. This applies in particular to content that contains extremist, discriminatory, offensive or violence-glorifying elements.

10. Prohibition of distribution and (re-)export to Russia

10.1 The customer shall ensure that the purpose of this regulation is not circumvented by third parties in the commercial chain, including resellers.

10.2 The customer shall implement and maintain appropriate control mechanisms to detect violations in the supply chain.

10.3 A violation of these obligations shall constitute a material breach of contract and shall entitle the seller to withdraw from the contract.

10.4 If the customer culpably commits a breach, the seller can set an appropriate contractual penalty, the amount of which can be reviewed in court in the event of a dispute. Further claims for damages remain unaffected.

10.5 The customer shall immediately inform the seller of any problems or breaches in relation to this regulation and, upon request, provide appropriate evidence within two weeks.

10.6 If the customer is an entrepreneur, he is prohibited from selling, exporting or reselling goods from this contract directly or indirectly to the Russian Federation if they fall under Article 12g of Regulation (EU) No. 833/2014.

11. Applicable law: The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this only applies insofar as it does not conflict with mandatory consumer protection regulations in their country of residence.

12. Alternative dispute resolution

12.1 The EU Commission offers a platform for online dispute resolution at the following address: https://ec.europa.eu/consumers/odr. This serves the out-of-court resolution of disputes arising from online sales or service contracts with consumers.

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

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General Terms and Conditions (GTC) with customer information

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