General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts, which you conclude with us as the provider (roomours GmbH) via the website www.roomours.de . Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby objected to.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject matter of the contract is the sale of goods .

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order data is finally displayed as an order overview.

If you use an instant payment system (z.B. PayPal/PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.

Before submitting the order, you have the option of checking the information in the order overview again, changing it (also via the "back" function of the Internet browser) or canceling the order.
By sending the order via the corresponding button ("buy" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) 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 e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Special agreements on offered payment methods

(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:

• Instant bank transfer: Available in Germany. Your account will be debited immediately after placing the order.

Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy .

More information about Klarna can be found here. You can find the Klarna app here.

§ 4 Right of retention, Retention of title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

(2) The goods shall 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 title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined and mixed, we shall 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%. We shall be responsible for selecting the securities to be released.

§ 5 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims.

(3) 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 shall be deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall provide warranty at our discretion by rectification or subsequent delivery.if the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs arising from the transportation of the goods to a location other than the place of performance, unless the transportation corresponds to the intended use of the goods.

c) The warranty period shall be one year from delivery of the goods. The shortened deadline does not apply:

- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory rights of recourse that you have against us in connection with warranty rights.

§ 6 Choice of law, place of performance, Place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).

(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that 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 abode is unknown at the time the action is brought. This shall not affect the right to bring an action before a court at another statutory place of jurisdiction.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.