GENERAL TERMS AND CONDITIONS
§1 Scope of application
§3 Conclusion of contract
§5 Cancellation policy
§7 Shipping costs (domestic and foreign)
§8 Terms of payment
§9 Warranty + Liability
§11 Reservation of title
§12 Agreement on the bearing of costs
§13 Data storage
§14 Right of objection according to the Federal Data Protection Act (BDSG)
§15 Applicable law
§16 Final provision
§17 extrajudicial settlement of disputes according to VSBG
§18 Provider information
§1 SCOPE & CONSUMER INFORMATION
We (EasyRoll) execute your order according to our terms and conditions valid at the time of the order. The GTC of EasyRoll in their current version are available on our website www.easyroll.de, from where you can also download and save or print them. Our “AGB” apply exclusively for the entire business relationship.
The German language is the language of negotiation and contract. The following terms and conditions also apply exclusively to all foreign business transactions.
You can print out or save these AGB. To do so, you can download this document as a PDF file and save it on your computer. To open a PDF file you need the program Adobe Acrobat Reader, which can be downloaded free of charge from the Internet (https://get.adobe.com/reader/?loc=de).
Your contract and order data as well as the text of the contract will be saved by us, direct access is not possible for security reasons. However, you have the possibility to log in on our homepage via “My Account” with your user name and password, and thus to call up your profile, your address and your order history and to edit them if necessary. Your personal access data is intended only for you and must not be disclosed to third parties.
During the ordering process on our homepage, before you click on “buy now”, you have the opportunity to recognise and correct input errors before submitting the contract declaration by clicking on “change details”.
§2 REGISTRATION USER ACCOUNT
The registration of a user account is only permitted for natural persons and partnerships as well as legal entities with unlimited legal capacity. Minors may not register. The registration of a legal entity may only be carried out by a natural person authorised to represent the legal entity, who must be named.
When filling in the registration application, true, accurate, up-to-date and complete information must be provided with regard to the data requested in the registration forms. In case of incomplete registration of member accounts and in case of untrustworthy or incorrect data, we reserve the right to refuse a member’s registration, to cancel it immediately or to delete the member account after a reasonable period of time.
Any disruption of our homepage or further use of your user account outside the use provided for in these terms and conditions is prohibited. In particular, manipulations with the aim of causing damage, impairing the use of our homepage completely or temporarily or obtaining unauthorised payments or other advantages to our disadvantage are prohibited. Violations will be prosecuted under both civil and criminal law.
In the event of a breach of § 2.1 to § 2.3 or a concrete suspicion of such a breach, where there is a risk of damage, we are entitled to block your user account immediately.
We are not obliged to accept your registration or your order. We are not obliged to keep our homepage, your user account or our e-shop permanently available. Already confirmed contracts remain unaffected.
§3 CONCLUSION OF CONTRACT
Our offers are subject to change and non-binding. In this respect, the presentation on our websites does not represent a legally binding offer. You can order from us via our homepage (Internet). When ordering via our homepage in the e-shop, by clicking on the button “buy now” you submit a binding offer to conclude a purchase contract for the desired goods.
We are entitled to accept your offer within 5 calendar days by sending a confirmation of contract (by post or e-mail) and by executing the order. If your offer is not accepted by us within 5 calendar days, the offer is deemed to be rejected. No contract of sale is concluded for products that are not listed in the order confirmation.
We deliver goods in stock in Germany within one week after conclusion of the contract by courier or UPS to you. When paying in advance, the delivery times apply from the time of receipt of the money on our account. Deviating delivery times will be stated in the article description.
In the case of shipping outside the Federal Republic of Germany and within Europe, delivery regularly takes 5-14 working days if goods are available. For shipments to non-European countries, the delivery time depends on the mode of shipment (airmail / land / sea) and the destination.
If you order a product that was available according to the article description and we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately refund any payments already made. In this case, you also have the right to withdraw from the contract.
We are entitled to make partial deliveries or services, provided that this does not unreasonably prejudice any conflicting interests. If a partial delivery is made, we will of course bear the additional shipping costs. No further costs arise for you as a result.
The delivery time is extended appropriately if the delivery is impaired by force majeure. Force majeure shall in particular include subsequent material procurement difficulties, riots, strikes, lock-outs, operational disruptions, fire, natural disasters, transport obstructions, changes in legal regulations, official measures or ordinances or the occurrence of other unforeseeable events which are beyond our control and which, from an objective point of view, have not been caused by our fault. Should one of the above-mentioned cases occur, we will inform you immediately. If the impediment to performance in the above-mentioned cases persists for longer than four weeks, you are entitled to withdraw from the contract. In this case, there are no further claims, in particular for damages. This shall not apply in cases of intent or gross negligence, in the case of warranties or if breach of material contractual obligations is due to simple negligence or if liability is mandatory for legal reasons in the case of foreseeable damage typical of the contract.
§5 RIGHT OF REVOCATION
Consumers have a statutory right of withdrawal. The relevant instructions can be found at www.easyroll.de/widerrufsrecht/.
All prices quoted are Euro amounts and include the statutory value added tax. Postage and shipping costs are added according to the following list under § 7.
§7 SHIPPING COSTS (INLAND AND ABROAD)
The shipping costs within the EU – mainland are included in the all-inclusive prices per delivery item. For deliveries outside the EU as well as expected exceptional special transports, the additional expenses will be announced for approval before acceptance of the order.
For deliveries outside the European Union, import duties (customs duties) may apply. We will not be responsible for any customs costs that may be incurred.
§8 TERMS OF PAYMENT
Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment on the invoice is determined by the calendar, you are already in default by missing the deadline. In the event of default, we are entitled to demand interest for the year at a rate of 5 percentage points above the respective base interest rate. In the case of legal transactions in which a consumer is not involved, we reserve the right to charge interest on payment claims in the event of default at a rate of eight percentage points above the base rate. We reserve the right to prove and assert a higher damage caused by default, § 288 para. 3, 4 BGB.
We accept payments in advance and PayPal.
a) Payment in advance: If you pay in advance, you must transfer the invoice amount to our account within 7 days after completion of the order. When paying in advance, the stated delivery times apply from the time the money is received in our account. If the amount is not received on our account within 7 days, we can withdraw from the contract.
b) Payment via PayPal: You pay the invoice amount via the online provider PayPal. You must register with PayPal or be registered there, then identify yourself with your access data and confirm the payment order to us (exception: guest access if applicable). You will receive further instructions during the ordering process. After the amount has been credited to our account, the goods will be shipped.
All payments are to be made to EasyRoll without deduction. A payment is only considered to have been made when we can freely dispose of the amount.
A set-off is excluded unless the set-off claim is undisputed or legally binding or has been recognised by us in writing. You can only exercise a right of retention if the claims result from the same contractual relationship. Exclusions do not apply if it is a counterclaim arising from a claim for performance in kind that entitles you to refuse performance, or if rights are asserted due to a defect.
§9 WARRANTY & LIABILITY
The warranty is based on the statutory provisions. In case of complaints, we ask for proof of the date of purchase by means of an invoice and sending the item complained about together with a copy of the invoice to EasyRoll, Aufkirchner Straße 20a, D-82069 Hohenschäftlarn. Normal wear and tear of the goods do not constitute a warranty claim.
You are entitled to the right of subsequent performance as well as the right to withdraw from the contract or to reduce the purchase price to the extent provided by law.
We do not accept any warranty for damage and defects resulting from improper use, operation and storage, negligent or incorrect care and maintenance, overuse or improper repair by an unauthorised service partner.
For entrepreneurs, the warranty period for material defects is reduced to 1 year, unless there is a case of mandatory liability, as provided in particular by § 478 BGB. Claims for damages shall also remain unaffected by the shortened limitation period.
If the customer is an entrepreneur, he must inspect services rendered immediately after delivery, insofar as this is feasible in the ordinary course of business, and, if a defect is found, notify us immediately. If the customer fails to notify us, the service shall be deemed to have been approved, unless it is a defect that could not be detected during the inspection. If such a defect is discovered at a later date, notification must be made immediately after discovery; otherwise the service shall be deemed to have been approved even in view of this defect. Timely dispatch of the notification shall be sufficient to preserve the rights of the customer. The provisions on the obligation to give notice of defects shall not apply if a defect was fraudulently concealed or if the customer is a consumer.
Any further claims, in particular those for consequential damages, are excluded. This shall not apply in the event of intent, gross negligence or breach of material contractual obligations on our part, or in the event of injury to life, body or health. Your legal right to withdraw from the contract remains unaffected. Essential contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance you regularly trust and may trust.
The risk of accidental loss and accidental deterioration of the goods in the case of sale by delivery to a place other than the place of performance shall pass to you or to a recipient selected by you upon handover of the goods. If you are not a consumer, i.e. if you have not purchased the goods exclusively for private use, the risk of accidental loss and accidental deterioration of the goods shall pass to you upon handover of the goods to the shipping person.
We exclude our liability for slightly negligent breaches of duty, provided that these do not concern duties essential to the contract, damages from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents. In the case of damages caused in any other way, we shall be liable for intent and gross negligence, including that of our vicarious agents, in accordance with the statutory provisions. The same applies to damages caused by negligence resulting from injury to life, body or health. In the case of negligently caused material and financial damages, we and our vicarious agents shall only be liable in the event of a breach of an essential contractual obligation, but the amount of liability shall be limited to the damages foreseeable and typical for the contract at the time of conclusion of the contract. Material contractual obligations are those whose fulfilment characterises the contract and on which the customer may rely.
The pictures used to describe the goods do not always represent the original item offered to the customer. The sample pictures are for illustration purposes only. Depending on the screen and operating system used, colours and sizes in particular can be displayed differently. The description of the respective article is authoritative.
§12 RESERVATION OF TITLE
The delivered goods remain our property until full payment has been made. If you are in arrears with the payment of the purchase price, we have the right to withdraw from the purchase contract and to demand the return of the unpaid goods. You are obliged to treat the goods not yet paid for with care.
§13 COST BEARING AGREEMENT
If the customer makes use of his right of revocation, he must bear the regular costs of the return shipment.
§14 DATA PROTECTION, ADVERTISING BY E-MAIL
In the event of a contract being concluded, we will send you advertising for similar goods from time to time by e-mail. If you do not wish to receive such advertising e-mails, you can object to this use of your e-mail address at the following e-mail address: email@example.com
§15 RIGHT OF INFORMATION/CANCELLATION AND OBJECTION ACCORDING TO THE FEDERAL DATA PROTECTION ACT (BDSG)
You have a right to information and, under certain conditions, a right to correction, blocking and deletion of your data stored in our systems.
You also have the right to object to the processing or use of your personal data for the purposes of advertising or market and opinion research as well as address trading and business data processing.
In addition, you can object to the collection, processing or use of your personal data at any time if an examination shows that your interest worthy of protection due to your particular personal situation outweighs the interest of the responsible body in the collection, processing or use. This does not apply if a legal provision entitles or obliges the collection, processing or use.
Furthermore, you have the fundamental right to revoke your previously granted consent to the collection, processing and use of your personal data at any time with effect for the future.
§16 APPLICABLE LAW
The law of the Federal Republic of Germany shall apply to all disputes arising out of or in connection with this agreement, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, shall remain unaffected.
The place of jurisdiction for all claims arising from or based on this business relationship, including those arising from bills of exchange and cheques, is Stuttgart, provided that you are a merchant within the meaning of commercial law, i.e. not a consumer. In this case we are also entitled to take legal action at the court having jurisdiction for your registered office.
§17 FINAL PROVISION
The contract remains binding in its remaining parts even if individual conditions are ineffective. Should a provision be invalid in whole or in part, the contracting parties shall immediately endeavour to achieve the economic success intended by the invalid provision in another, legally permissible way.
§18 OUT-OF-COURT SETTLEMENT OF DISPUTES ACCORDING TO VSBG
From 1 February 2017, a new German regulation in the Act on Alternative Dispute Resolution in Consumer Matters (VSBG) will come into force. According to this law, every consumer has the right to call on an out-of-court arbitration board in case of disputes about a consumer contract which cannot be solved amicably. Whether the entrepreneur is obliged to take part in the out-of-court dispute resolution procedure is determined by law.
We hereby expressly declare in accordance with § 36 (1) No. 1 CDBG that we are not obliged and therefore not prepared to participate in an out-of-court dispute resolution procedure before a consumer arbitration board in accordance with the CDBG.
§19 SUPPLIER INFORMATION
Aufkirchner Straße 20a
Managing Director: Kai Hohenwarter
VAT Id: DE813262967
Status: July 2020