General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic Provisions
(1)The following terms and conditions apply to contracts that you have with us as a supplier (roomours GmbH)via the website www.roomours.de. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2)Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. 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 Conclusion of the contract
(1)The subject of the contract is the sale of goods.
(2)Already With the listing of 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 use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data and the Payment and shipping conditions, the order data will then be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung), you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
Successful a forwarding to the respective instant payment system, 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 to our online shop.
Before sending the order, you have the option of checking the details in the order overview again, changing them (also using 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 your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4)The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, partly automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed 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:
- Sofortüberweisung:Available in Germany. Your account will be debited immediately after placing the order.
You can find more information about Klarnahere. You can find the Klarna apphere.
§ 4 Right of retention, retention of title
(1)Ein You can only exercise a right of retention if the claims are 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 retain ownership of the goods until complete settlement of all claims from the current business relationship. Pledging or transfer of security is not permitted before ownership of the reserved goods has passed.
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 accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the We acquire co-ownership of the new item in relation to the invoice value of the reserved goods 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 insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 5 Warranty
(1)The statutory warranty rights apply.
(2)As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the carrier Report complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
(3)If you are an entrepreneur, the above warranty regulations apply :
a)Only our own information and those apply to the quality of the item Product description of the manufacturer as agreed, but not other advertising, public promotions and statements by the manufacturer
b)In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The remedy of the defect is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
- for culpably caused damage from injury to life, limb or health and for intentional damage or other damage caused by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- for legal recourse claims that you have in connection with defect rights against us.
§ 6 Choice of law, place of performance, place of jurisdiction
(1)German law applies. For consumers, this choice of law only applies insofar as this does not withdraw 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 business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or are special public assets. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to call the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
1. Identity of the seller
Telephone: + 08989058710
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr.
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 regulations "Conclusion of the contract" in our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out using the print function of the browser or saved electronically. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
4. Codes of Conduct
4.1. We have subjected ourselves to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at:https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertigungsinstrumente.pdf.
5. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and terms of payment
6.1. 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.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated 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 delivery has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear.
6.4. Any costs incurred for transferring money (bank transfer or exchange rate fees) are to be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Terms of delivery
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when 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 contractor or another person designated to carry out the shipment.
If you are a contractor, the delivery will take place and dispatch at your own risk.
8.Statutory liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I)
These General Terms and Conditions and Customer information was created by the Händlerbund's lawyers, who specialize 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. You can find more information on this at:https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service.