General Terms and Conditions
1. Scope
1.1 The following General Terms and Conditions (GTC) apply to all business relationships between Rommelsbacher ElektroHausgeräte GmbH, DE-91550 Dinkelsbühl (hereinafter also referred to as ‘Rommelsbacher’) and you as a customer (hereinafter also referred to as ‘customer`), which are initiated and processed via our online shop. The General Terms and Conditions are decisive in the version valid at the time of the respective order.
1.2 Agreements made individually between Rommelsbacher and the customer take precedence over these GTC.
1.3 Our online shop is exclusively aimed at consumers. A ‘consumer’ is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or self-employed activity. ‘Entrepreneur’ is a natural or legal person or a legal partnership that acts in execution of his commercial or selfemployed activity in the course of a legal transaction.
2. Conclusion of contract
2.1 The sales contract is concluded with Rommelsbacher ElektroHausgeräte GmbH.
2.2 The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog for information on the range of goods in the online shop and a request to place an order. You can initially put our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. By confirming the order, you are placing a binding order for the goods in the shopping cart and thus a binding offer to conclude a purchase contract.
2.3 If you select the payment method ‘prepayment’, we declare acceptance of the contract offer by sending a declaration of acceptance / order acknowledgement (‘order confirmation’) in a separate email within two working days, in which we will inform you about our bank details.
2.4 If you have selected the PayPal Plus payment method, the contract with us is concluded by confirming the payment instruction to PayPal. We offer various payment methods as PayPal services. After placing the order, you will be redirected to the website of the online provider PayPal.
2.5 If individual products are not available at the time the products are ordered by the customer, Rommelsbacher reserves the right to reject the customer's order. Rommelsbacher also reserves the right to cancel the obligation of performance if the goods ordered are not available after conclusion of the contract for reasons Rommelsbacher is not responsible for. Rommelsbacher will inform the customer of this fact without delay and also immediately refund the payment by the customer for the cancelled goods.
2.6 Rommelsbacher does not accept orders if the customer has not reached the end of his 18 year on the date the goods are ordered.
2.7 The language available for the conclusion of the contract is German.
2.8 We save the contract text and send you the order data and our linked terms and conditions by email. You can also view the contract text at any time in our customer login.
3. Right of revocation
3.1 As a consumer, the customer has the right of revocation in accordance with the following cancellation policy:
Cancellation policy
Right of revocation
If you conclude a contract as a consumer, you have the right to cancel it without giving reasons within the statutory cancellation period.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods or, in the case of an order with several items delivered in separate packages, on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last package.
To exercise your right of cancellation, you must inform us
Rommelsbacher ElektroHausgeräte GmbH
Rudolf-Schmidt-Straße 18
D-91550 Dinkelsbühl
E-mail: widerrufsformular@rommelsbacher.de
Phone: +49 (0) 9851/5758-0
Fax: +49 (0) 9851 / 5758-5759
by means of a clear declaration (e. g. by letter sent by post, e-mail or by fax) of your decision to cancel the contract. You can use our sample cancellation form (here) for your declaration of cancellation in text or written form, but this is not mandatory.
Link: Download cancellation policy as PDF file
If you submit your cancellation in electronic form, we will immediately send you a confirmation of receipt of such a cancellation (usually by e-mail).
To comply with the cancellation period, it is sufficient for you to send the notification of the execution of the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of any supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
For the cost of returning goods, the following does apply:
You principally bear the direct cost of returning the goods. Only in exceptional cases, if the value of goods does exceed € 49,00, and the shipment is returned within Germany, we bear the cost of the return shipment of the goods. In such an exceptional case, we will send you a pre-paid parcel label for the free return shipment electronically after consultation. If you do not use this return label, you will have to bear the direct cost of the return shipment yourself.
Please note: We generally do not accept any non-free shipments. These will not be delivered to us and will be returned on sender’s cost. If possible, please use the original packing and transport protection for your return shipment or pay attention to another appropriate and secure transport packing.
You will only have to bear the cost for a possible loss of the goods, if this loss of value is due to your improper handling of the goods, which would not have been necessary for checking their quality, characteristics and functionality or if the reason for this loss of value is an improper and non-secure packing by you!
End of information about rights of revocation
4. Delivery conditions and availability of goods
4.1 Delivery is only possible within Germany.
4.2 We ship free of charge within Germany from an order value of € 49.
4.3 You receive a shipping confirmation by email.
4.4 Rommelsbacher will inform the customer immediately about delays in delivery due to force majeure or other reasons Rommelsbacher is not responsible for and informs the customer of a new delivery period appropriate to the circumstances. If the goods can also not be delivered within the new delivery period for reasons Rommelsbacher is not responsible for, Rommelsbacher can withdraw from the contract in whole or in part. Any counter-performance already performed by the customer will be refunded immediately. If the customer cannot reasonably be expected to accept the delivery as a result of the delay, he can withdraw from the contract by giving Rommelsbacher a written declaration in writing (i.e. in writing, by fax or email). Other legal rights of the customer remain unaffected.
5. Prices and payment
5.1 The prices in our online shop are final prices and include the legally applicable value added tax.
5.2 For your orders, the prices shown in the shopping cart or at the checkout apply.
5.3 In our online shop you generally can choose between the following payment methods:
Prepayment
If you choose the payment method ‘prepayment’, we will inform you about our bank details in a separate email and deliver the goods after receipt of payment.
PayPal Plus
Within the scope of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen the payment method PayPal, you have to be registered there in order to be able to pay the invoice amount, or you must first register and authenticate with your access data. The payment transaction is performed automatically by PayPal immediately after confirmation of the payment order. You will get further information during the order process.
If you have chosen the payment method ‘credit card’, you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out immediately after confirmation of the payment order and after your legitimation as a legitimate cardholder by your credit card company on request of PayPal and your credit card will be charged. You will get further information during the order process.
6. Retention of title
6.1 The goods remain our property until fully paid.
7. Transport damages
7.1 If goods are delivered to you with obvious transport damages, please report such errors to the deliverer immediately and contact us at once.
8. Warranty and guarantees
8.1 In the event of defects, the customer's claims for subsequent performance, reduction or withdrawal from the contract are based on legal provisions. As part of the supplementary performance, the customer can request a new delivery or rectification of defects. However, we are entitled to refer the customer to a new delivery if the rectification of the defect would involve disproportionate effort.
8.2 Customer service: You can contact our customer service Monday to Thursday from 8 a.m. to 6 p.m. and Friday from 8 a.m. to 5 p.m. under phone number +49 (0) 9851/5758 - 5732 as well as by email at service@rommelsbacher.de.
9. Liability
9.1 In all cases, Rommelsbacher is liable of contractual and non-contractual liability in the event of intent and gross negligence in accordance with legal provisions for compensation or reimbursement of futile expenses.
9.2 In other cases – unless otherwise stipulated in Section 9.3 – Rommelsbacher is only liable in the event of a breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer can regularly rely on (so-called cardinal obligation) and limited to the replacement of the predictable and typical damage. In all other cases, the liability of Rommelsbacher is excluded subject to the regulations in section 9.3.
9.3 The liability of Rommelsbacher for damage from injury to life, body or health and according to the Product Liability Act remains unaffected by the above liability restrictions and exclusions.
10. Applicable law, place of jurisdiction, dispute resolution
10.1 German law applies to legal relationships between Rommelsbacher ElektroHausgeräte GmbH and its customers and to the respective terms and conditions. The application of the UN Convention on Contracts for the International Sale of Goods dated April 11, 1988 is excluded.
10.2 The provisions of section 10.1 do not affect mandatory provisions of the law of the state in which the customer is habitually resident, if and insofar as the customer has concluded a purchase contract that cannot be largely attributed to the customer's professional or commercial activity (consumer contract) and if the customer has carried out the legal acts required to conclude the purchase contract in the state of his habitual residence.
10.3 If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
10.4 The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure with a consumer arbitration board.
11. Legal notice
Rommelsbacher ElektroHausgeräte GmbH
Rudolf-Schmidt-Straße 18
91550 Dinkelsbühl/Germany
Managing Directors: Sigrid Klenk, Willi Klenk
Commercial register 77 – local court Ansbach
VAT-ID-No.: DE 811 209 425
Phone: +49 9851 5758-0
Fax: +49 9851 5758-5759
Email: info@rommelsbacher.de
https://www.rommelsbacher.de