Terms and Conditions for the Online Shop of Rollei GmbH & Co. KG

Transcription

1 Terms and Conditions for the Online Shop of Rollei GmbH & Co. KG 1. General 1.1. The following Terms and Conditions of Contract (GTC) apply to all contracts made with the customer (hereinafter: CUSTOMER) via the online shop of Rollei GmbH & Co. KG, Tarpen 40, Gebäude 7b, Hamburg (hereinafter: SELLER) at The SELLER does not accept any contrary terms and conditions that the CUSTOMER may have unless the SELLER expressly consents to them in writing. 2. Formation of contract 2.1. The CUSTOMER can add items to his shopping cart by clicking the "Add to cart" button and then initiate the order process by clicking the shopping cart and then clicking the "Go to checkout" button in the shopping cart. In the course of the order process, the CUSTOMER must enter all required contact information for shipping and payment and finalize the order by clicking the "Purchase" button The CUSTOMER can correct input errors, including, without limitation, merchandise accidentally added to the shopping cart, by clicking the appropriate buttons and entering the appropriate quantities in the shopping cart. The CUSTOMER can correct input errors made at various steps in the order process by navigating to the appropriate step with the "Back" and "Next" buttons in his browser The presentation of products in the SELLER's online shop represents an invitation to treat. By placing an order, the CUSTOMER is making a legally binding offer to enter into a contract regarding the items in the shopping cart. The SELLER will automatically confirm receipt of the order by without undue delay. The contract is formed when the order is confirmed automatically The purchase contract is made with Rollei GmbH & Co. KG, Tarpen 40, Gebäude 7b, Hamburg The contract language is German. 3. Storage of contract text The SELLER stores the contract text. The CUSTOMER receives the order details separately in text form ( ). The GTC can also be looked up and printed out in the online shop. 4. Right of revocation CUSTOMERS who are consumers are entitled by distance selling laws to revoke their contract offer as set out in the following instructions:

2 Revocation instructions Right of revocation: You can revoke your contract offer without citing any reasons within 14 days in text form (e.g. letter, fax, ) or if the item is released to you before the deadline expires by returning the item. The deadline begins upon receipt of these instructions in text form, but not before receipt of the goods by the recipient (in the event of recurring deliveries of goods of the same type: receipt of the first partial delivery) and not before the performance of our information obligations under Introductory Act to the Civil Code (EGBGB) Article 246 (2) in conjunction with 1 (1) and (2) and our obligations under German Civil Code (BGB) 312g (1) first sentence in conjunction with EGBGB Article 246 (3). The revocation deadline is deemed to be met if the revocation or item is sent off in a timely fashion. The revocation must be addressed to: Rollei GmbH & Co. KG Tarpen 40, Gebäude 7b Hamburg Fax: +49 (0)40/ info@rollei.com Internet: Consequences of revocation: If a contract offer is duly revoked, both parties must return any products, services and benefits (e.g. interest) they may have received. If you cannot return the product or service including benefits (benefits from use, etc.) in whole or part, or can only return it in a deteriorated condition, you must compensate us for the difference in value. You only have to compensate us for the difference in value resulting from deterioration and benefits received wherever the benefits or deterioration are caused by using the item for anything other than merely testing its properties and functionality. "Testing its properties and functionality" refers to testing and trying out the product in the same way as one can and usually does test products in brick-and-mortar stores, for example. Items that can be sent by parcel post must be returned at our risk and expense. Items that cannot be sent by parcel post will be picked up at your premises. Obligations to refund payments must be fulfilled within 30 days. The deadline begins for you when you send off your revocation declaration or the item; it begins for us when we receive your revocation declaration or the item. End of revocation instructions Note: Wherever possible, the merchandise should be returned in the original packaging with all the accessories and components of the packaging. If the original packaging is no longer available, please use a protective outer packaging where appropriate to adequately protect the merchandise from damage during shipping. Returned items should be clean and undamaged. Please note that the right of revocation and the consequences of revocation do not depend on compliance with the instructions contained in this note. The instructions merely serve to facilitate returns processing.

3 5. Prices and shipping costs 5.1. The order will be based on the valid prices displayed in the online shop on the order date The prices shown in the online shop are stated in EUR and include statutory value-added tax The prices shown in the online shop do not include shipping costs for packaging or postage. The shipping costs are calculated dynamically during the order process and are displayed in the shopping cart overview before the order is placed All international orders/shipments will be subject to a flat shipping fee as set out in the shipping cost table in the online shop. The flat shipping fee for international shipments is also shown in the shopping cart before the order is submitted The CUSTOMER may have to pay additional taxes (e.g. for intra-eu purchases) and/or duties (customs, etc.) for international shipments in some cases. 6. Payment terms 6.1. The SELLER only accepts the payment methods offered in the online shop during the order process. The CUSTOMER selects his preferred payment method from the available payment methods If the SELLER offers to ship merchandise in exchange for prepayment via bank transfer, the CUSTOMER must transfer the purchase price plus any delivery and shipping costs to the SELLER prior to shipment. The merchandise will be shipped once the SELLER receives the full invoiced amount in its account If the SELLER offers to ship merchandise COD and then ships the merchandise COD, the CUSTOMER must pay the transporting carrier the purchase price plus any delivery and shipping costs in cash at the time of delivery. The COD fee will be included in the breakdown of shipping costs If the SELLER offers to ship merchandise in exchange for payment by credit card, the CUSTOMER, by providing his credit card information, gives his authorization to charge the entire invoiced amount plus any delivery and shipping costs when and as they come due via the appropriate credit card company. The credit card will be charged when the order is confirmed If payment is made via PayPal, the CUSTOMER must have a PayPal account and sign into this account. Then, the CUSTOMER must complete the PayPal payment process and confirm payment to the SELLER.

4 7. Shipping and delivery terms 7.1. Unless otherwise agreed with the CUSTOMER, the merchandise is shipped to the delivery address specified by the CUSTOMER in the purchase order The SELLER's shipping partner company is UPS. The CUSTOMER may specify a private or a business address or a UPS-Station as delivery address The items purchased by the CUSTOMER are shipped immediately after receiving payment (when credited to the SELLER's business account), but no later than within three business days of receiving the payment, unless a shorter or longer delivery deadline is expressly given for the specific item If items are shipped to a business ("Unternehmer"), the risk of the accidental loss and deterioration of the purchased item will pass when the item is handed over to the business or an authorized recipient, or for distance sales when delivered to a suitable carrier. If items are shipped to a consumer, the risk of accidental loss and deterioration of the purchased item will, pursuant to German Civil Code (BGB) 446, pass to the consumer when the item is handed over to him. For the purposes of the passage of risk, the item is also deemed to have been handed over to the CUSTOMER as soon as the CUSTOMER is in default in accepting delivery The SELLER only offers orders and shipments in and to Germany and to the countries specified in the online shop and/or shipping cost table. 8. Retention of title The SELLER retains title to the items sold until the purchase price has been paid in full. 9. Warranty 9.1. The CUSTOMER has the rights granted by law if the purchased item has defects. No warranty is extended for damage caused by the improper use, installation or handling of the item, or for wear and tear If the CUSTOMER places an order in his capacity as a merchant ("Kaufmann"), a warranty claim for obvious defects must be filed within two weeks of receiving the goods using the above contact details, or his right to file a claim will expire. The deadline is deemed to have been met if the notice of defects is sent off in a timely fashion. 10. Premiun Customer Status / Exchange Service / automatic extension of warranty rights (quality and durability warrantly) / Premium Customer Hotline and Premium address Acquiring Premium Customer Status

5 After buying three or more ROLLEI Actioncam accessories the CUSTOMER can register at and enter the serial numbers of the accessories to be able to acquire Premium Customer Status (herinafter ROLLEI Premium Customer) and to use the Actioncam Accessory Service. You can register at any time subsequent to purchase. It is not necessary to register at the same time. When registering, the CUSTOMER must enter the serial number that matches the Actioncam accessory plus his/her personal information. As a ROLLEI Premium Customer, the CUSTOMER may then use the Actioncam Accessory Service A ROLLEI Actioncam Accessory may be registered only once. No further attempts to register may be made if the Actiioncam Accessory or the serial number is sold or transferred in some other manner Actioncam Accessory Service For the Actioncam Accessory Service, the Warranty Conditions of the Actioncam Accessory Service for ROLLEI Premium Customers (Warranty) apply THe complete Warranty Conditions of the Actioncam Accessory Service are included in the sales packaging for each Actioncam accessory and can be found at The guarantor in terms of the Actioncam Accessory Service is the ROLLEI product manufacturer, Rollei GmbH & Co. KG, Tarpen 40 / Gebäude 7b, Hamburg The Actioncam Accessory Service includes a 5-year manufacturer's warranty and a 5-year 48/72 hour exchange service for registered Actioncam accessories For all registered ROLLEI Actioncam accessories the 5-year warranty period begins when the third Rollei Actioncam Accessory is registered, with retroactive effect from the corresponding purchase date in each case The warranty protection applies world-wide Premium Customer Hotline and Premium address ROLLEI Premium Customers can use the Premium Hotline by entering their Premium Customer Number. For this we guarantee processing with priority over non-premium customers. Even when using the Premium Hotline there may still be waiting times. You will be notified of the Premium telepphone number as soon as you have successfully registered as a ROLLEI Premium Customer on the registration page at

6 ROLLEI Premium Customers can use the Service Centre's Premium E- mail address by entering their Premium Customer Number. For this prupose we guarantee processing with priority over non-premium customers. Even when using the Premium Hotline there may still be waiting times. You will be notified of the Premium address as soon as you have successfully registered as a ROLLEI Premium Customer on the registration page at As a registered premium customer you can enjoy a free replacement service within 48 hours in Western Europe and a free replacement service in 72 hours for all Rollei Actioncam accessories. Subject to possible delays, that may occur on weekends or due to customs, import regulations or general delivery times of the carrier in different regions. Excluded are consumable materials, batteries and electronic products. 11. Liability Wherever the CUSTOMER is entitled to damages or reimbursement of futile expenses from the SELLER outside of warranty law, these claims will be based on the provisions hereof regardless of their legal nature The SELLER disclaims all liability on any legal grounds whatsoever unless the damage was wilfully or grossly negligently caused by the SELLER, its employees, its representatives or agents for whom the SELLER is vicariously liable. Any disclaimer or limitation of the SELLER's liability also applies to the personal liability of the SELLER's employees, representatives or agents for whom the SELLER is vicariously liable. This is without prejudice to the SELLER's liability under 14 of the German Product Liability Act (ProdHaftG) The SELLER is liable as provided by law for damages ensuing from injury to life, limb or health based on any intentional, grossly negligent or negligent breach of duty by the SELLER, its legal representative or an agent for whom the SELLER is vicariously liable To the extent the SELLER has, at least negligently, breached a material contractual duty, that is, a duty whose satisfaction is significant for achieving the purpose of the contract (material contractual duty or cardinal duty), liability will be limited to the typical damages, that is, the damages one must typically expect in connection with the contract. A material or cardinal contractual duty as defined above is any such duty whose satisfaction is essential to the proper performance of the contract and upon whose satisfaction the CUSTOMER does and may regularly rely. 12. Information pursuant to the Batteries Act In connection with the sales of batteries and accumulators, the SELLER, as a

7 manufacturer within the meaning of the German Batteries Act (BattG), is required to inform the CUSTOMER of the following: The SELLER, in its capacity as a manufacturer within the meaning of 6 BattG, has joined GRS, a common collection scheme for portable batteries. The CUSTOMER can therefore return spent batteries and accumulators to our shipping centre (Rollei Service-Center, Denisstrasse 28a, D Kaiserslautern) by dropping them off free of charge or by mailing them postage paid to the above address. Retail establishments also offer collection containers serviced by the common collection scheme. Public collection points will also accept returns free of charge Batteries and accumulators must not be disposed of in household waste. In his capacity as a consumer, the CUSTOMER is legally required under BattG to dispose of spent batteries and accumulators properly. Batteries and accumulators containing harmful substances are marked with the symbol of a crossed-out wheeled bin and the chemical symbol of the harmful substance they contain (e.g. Cd for cadmium, Pb for lead, Hg for mercury). 13. Data storage and data privacy The data privacy provisions of the privacy statement provided at apply exclusively. 14. Final provisions The laws of the Federal Republic of Germany apply exclusive of the provisions of the UN CISG For consumers who are not entering into a contract for professional or commercial purposes, the above choice of law applies only to the extent that the protection granted is not overruled by compelling provisions of the law of the state in which the consumer habitually resides If the CUSTOMER is a merchant, a legal entity constituted under public law or a special fund ("Sondervermögen") constituted under public law, the exclusive place of jurisdiction for any and all disputes arising under this contract is the SELLER's principal place of business in Hamburg, Germany The same applies if the CUSTOMER is a business ("Unternehmer") and has no general place of jurisdiction in Germany or his domicile or habitual residence is not known when the suit is filed. This is without prejudice to the SELLER's right to file suit before a court at another statutory place of jurisdiction. Last revised: 19th May 2015