Terms & Conditions & Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you enter into with us as a supplier. (RobeCode GmbH) via the website www.robecode.store close. Unless otherwise agreed, the inclusion of any own terms and conditions used by you is objected to.
(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the contract
(1) The object of the contract is the sale of goods.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
In this case, the goods intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After clicking on the button "Checkout" or "Continue to order" (or similar designation) and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless otherwise specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for accuracy and assume no liability for errors in this respect.
§ 4 Special Agreements on Offered Payment Methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a corresponding button on our website and in the online ordering process. "PayPal" can use other payment services for payment processing; if special payment conditions apply to this, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Stripe"
If you select a payment method that is offered via "Stripe", the payment will be processed by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a corresponding button on our website and in the online ordering process. "Stripe" can use other payment services for payment processing; if special payment conditions apply to this, you will be informed of these separately. For more information about Stripe, please visit https://stripe.com/de.
§ 5 Right of Retention, Retention of Title
(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Before the transfer of ownership of the goods subject to retention of title, pledging or transfer of security is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. They are also authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is up to us.
§ 6 Warranty
(1) The statutory liability rights for defects exist.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you have been informed of the contract declaration by us prior to its submission and the deviation has been expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own information and the manufacturer's product description are deemed to have been agreed upon as the nature of the goods, but not other advertising, public praises and statements by the manufacturer.
b) In the event of defects, we provide warranty at our discretion by repair or subsequent delivery. If the remedy of the defect fails, you can demand a reduction or withdraw from the contract at your discretion. The remedy of the defect shall be deemed to have failed after an unsuccessful second attempt, unless otherwise indicated by the nature of the goods or the defect or the other circumstances. In the event of rectification, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from the delivery of the goods. The shortening of the deadline does not apply:
- culpably caused damage attributable to us from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the condition of the item;
- in the case of items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- in the event of statutory recourse claims that you have against us in connection with defect rights.
§ 7 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).
(2) The place of performance for all services arising from the existing business relationships with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the seller
RobeCode GmbH
Hofäckerstraße 6
72189 Vöhringen
Germany
Phone: 075459804390
E-mail: mail@robecode.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Formation of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The language of the contract is German.
3.2. We do not store the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.
3.3. In the case of quotation requests outside the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a corresponding button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free shipping has been promised.
5.3. If the delivery is made to countries outside the European Union, further costs for which we are not responsible may be incurred, such as customs duties, taxes or money transmission fees (transfer or exchange rate fees of the credit institutions), which must be borne by you.
5.4. Costs incurred in the transmission of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was initiated outside the European Union.
5.5. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Terms of delivery
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment does not pass until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment is at your risk.
7. Statutory law on liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information have been prepared by Händlerbund's lawyers specialising in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/
last update: 29.11.2022