General terms and conditions
§ 1 Scope of application, contractual language
(1) These Terms and Conditions apply to the contracts concluded between you and us, Rohde Shoes GmbH, v.d.d. Managing Director Renato Lo Presti, Erich-Rohde-Straße 22, 34613 Schwalmstadt, HRB 6893 (Marburg Local Court), VAT ID: DE815682077 (Legal notice) via this online shop.
(2) The language available for the conclusion of the contract is exclusively German. Translations of these Terms and Conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.
§ 2 Applicable law, mandatory consumer protection regulations
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, if
(a) you have your habitual residence in Germany, or
(b) your habitual residence is in a state that is not a member of the European Union.
(2) In the event that you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
§ 3 Conclusion of the contract
(1) The presentation of the products and services in our online shop does not constitute a legally binding offer, but an invitation to order (so-called invitatio ad offerendum).
(2) By clicking the "Confirm and buy" button in the last step of the ordering process, you make a binding offer to purchase the products and services displayed in the order overview.
(3) Immediately after sending the order, you will receive an order confirmation, which, however, does not constitute an acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order by a separate e-mail or send the product for shipment.
(4) Please check the SPAM folder of your e-mail box regularly.
§ 4 Technical steps up to the conclusion of the contract and correction of input errors
(1) As part of the ordering process, you first place the desired product(s) in the shopping cart. There you can change the desired number of products at any time or remove selected products completely.
(2) If you have placed products in the shopping cart, clicking on the "Next" buttons will take you to a page where you can enter your data and then select the shipping and payment method.
(3) Finally, an overview page opens where you can check your entries. You can correct your input errors (e.g. regarding payment method, data or the desired quantity) by clicking on "Edit" in the respective field.
(4) If you want to cancel the ordering process completely, you can also simply close your browser window. Otherwise, after clicking the confirmation button "Confirm and buy", your declaration becomes binding in the sense of § 3 para. 2 of these General Terms and Conditions.
§ 5 Storage of the contract text
(1) The contractual provisions with details of the ordered products and/or booked services including these General Terms and Conditions and the cancellation policy will be sent to you by e-mail with the acceptance of the contract offer or with the notification thereof.
(2) We shall not store the contractual provisions.
§ 6 Registration in our online shop; processing of your personal data
(1) You can order products in our online shop as a guest or as a registered user.
(2) As a registered user, you do not have to provide your personal data each time, but you can simply log in to your customer account with your e-mail address and the password freely chosen by you during registration before or during an order.
(3) Registration alone does not constitute any obligation to purchase any of the products offered by us.
(4) For information on the processing of your data, please read our data policy information, which you can access under the following link https://rohde-shoes.de/datenschutz.With the registration you choose a personal username and password.
§ 7 Terms of payment and prices
(1) The purchase price is due immediately with the order.
(2) Payment for the product is made by credit card (VISA, Master Card, American Express) or via one of our payment service providers. (PayPal, Sofort (Klarna), Apple Pay). We use the transmission method "SSL" to encrypt your personal data.
(3) Furthermore, we use the payment service provider "Mollie"; Mollie B.V. Keizersgracht 126, 1015CW Amsterdam, Netherlands, to process purchases in our online shop.
Further information on the use and data protection in connection with the payment service provider "Mollie" can be found at: https://www.mollie.com/de/privacy
Mollie attaches great importance to the protection of your personal data. Mollie has taken several technical and organizational security measures to protect your data, and to comply with applicable (legal) regulations. Mollie uses, among other things, network segmentation, technologies such as firewalls, DDoS protection systems and file integrity monitoring, strong authentication, encrypted transmission of data, monitoring and alerting, and applies "Industry Best Practices" for appropriate encryption and system configuration.
(4) In case of purchase by credit card (VISA, Master Card, American Express), your credit card account will be debited by us at the latest upon dispatch of the order.
These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
(6) If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "SOFORT").
In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", must identify himself accordingly during the payment process and must confirm the payment instruction to "SOFORT".
The payment transaction will be executed immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information on the "SOFORT" payment method can be found by the customer on the Internet at https://www.klarna.com/sofort/
(7) If the payment method "Apple Pay" is selected, the payment shall be processed via the payment service provider Apple Pay. Apple Pay is a payment system of the US company Apple for mobile devices. The customer can access further information on the Apple Pay payment method at https://www.apple.com/de/apple-pay/
(8) The prices listed in the offer at the time of the order shall apply. The prices stated are final prices, i.e. they include the applicable German statutory value-added tax and do not include shipping costs. Depending on the shipping method, the shipping costs are calculated depending on the size, weight and number of packages.
(9) You agree that you will receive invoices and credit notes exclusively in electronic form.
(10) Please note that we accept payments only from accounts within the European Union (EU). Any costs of a money transaction are to be borne by you.
(11) In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which we are not responsible and which are to be borne by you. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
(12) In order to hedge the credit risk, we reserve the right to carry out a credit check and to withhold the product until we have received confirmation of the initiation of the payment process.
§ 8 Retention of title
The product remains our property until full payment.
§ 9 Terms of delivery
(1) We deliver the products according to the agreements made with you.
(2) Incidental shipping costs are listed in each case with the product description and are shown separately by us on the invoice.
§ 10 Right of cancellation
(1) As a consumer, you shall have a right of cancellation in accordance with the instructions set out in the Annex.
(2) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
§ 11 Warranty for purchases of goods
(1) Insofar as the product purchased and delivered in our online shop is defective, you are entitled to demand subsequent performance, to withdraw from the contract or to reduce the purchase price within the framework of the statutory provisions.
(2) The limitation period for warranty claims for the delivered product is two years from receipt of the product. Claims for defects which have been fraudulently concealed shall become time-barred within the regular limitation period.
(3) In addition, you shall also be entitled to rights due to defects within the scope of a quality and/or durability guarantee, provided that we have expressly issued such a guarantee with regard to the sold item in the individual case.
§ 12 Limitation of liability
(1) We shall be liable for intent and gross negligence.
(2) Furthermore, we shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and the observance of which you as the customer may regularly rely on. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. The same shall apply to breaches of duty by our vicarious agents.
(3) The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act shall remain unaffected.
§ 13 Jurisdiction; Online Dispute Resolution and Alternative Dispute Resolution; severability clause
(1) If you were domiciled or habitually resident in Germany at the time the contract was concluded and have either moved out of Germany at the time we file suit or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be: Marburg Local Court - HRB 6893
(3) We are not obligated or willing to participate in a dispute resolution procedure pursuant to the German Consumer Dispute Resolution Act (VSBG).
(4) Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract.
§ 14 Legal right of cancellation
RIGHT OF CANCELLATION
You have the right to cancel this contract within fourteen days without giving any reason.
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 product or, in the case of partial deliveries, the last delivery.
In order to exercise your right of cancellation, you must inform us, Rohde Shoes GmbH, represented by the Managing Director Renato Lo Presti, Erich-Rohde-Straße 22, 34613 Schwalmstadt, by means of a clear declaration (e.g. a letter sent by post, a fax or an e-mail) of your decision to cancel this contract.
For this purpose, you may use the enclosed sample cancelation form, which is, however, not mandatory.
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
CONSEQUENCES OF CANCELLATION
If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your cancellation of 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 for this repayment.
In case you return the products to us, please use the original packaging, if still available.
Template for the cancellation form according to Annex 2 to Article 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 EGBGB (Introductory Act to the German Civil Code)
(If you want to cancel the contract, please fill out this form and send it back)
Rohde Shoes GmbH,
• I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following products (detailed description so that it can be clearly determined to which products the cancellation relates), the provision of the following services (detailed description so that it can be clearly determined to which products the cancellation relates) (*)
• ordered on: (*). . . . . . . . . /received on (*) . . . . . . . . . . .;
• Name of the consumer(s); . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Address of the consumer(s); . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Signature of the consumer(s); . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• (only for communication on paper); Date . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(*) Delete where not applicable
End of the cancellation policy
The right of cancellation expires prematurely for contracts for the delivery of sealed products that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Furthermore, the right of cancellation does not apply to contracts for the delivery of products that are not prefabricated and for the production of which an individual selection or determination by you is decisive or which are clearly tailored to the personal needs of you.
Status of the above General Terms and Conditions: September 2021