Terms and Conditions with Customer Information
Contents
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Scope of Application
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Conclusion of Contract
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Right of Withdrawal
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Prices and Payment Terms
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Delivery and Shipping Conditions
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Retention of Title
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Liability for Defects (Warranty)
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Liability
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Special Conditions for the Processing of Goods According to Customer Specifications
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Applicable Law
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Alternative Dispute Resolution
1) Scope of Application
1.1 These Terms and Conditions (hereinafter “T&Cs”) of Ursula Rohde, trading as “ROHDE+ROHDE Ursula Rohde” (hereinafter “the Seller”), apply to all contracts for the supply of goods concluded between a consumer or business customer (hereinafter “the Customer”) and the Seller via the Seller’s online shop. Any terms and conditions of the Customer are hereby rejected unless expressly agreed otherwise.
1.2 A consumer, within the meaning of these T&Cs, is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.3 A business customer, within the meaning of these T&Cs, is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.
2) Conclusion of Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller. They invite the Customer to submit a binding offer instead.
2.2 The Customer may submit an offer via the Seller’s online order form. After placing the selected goods in the virtual basket and completing the electronic checkout process, the Customer submits a legally binding offer to purchase the goods by clicking the button that completes the order. The Customer may also submit an offer by e-mail, via the online contact form, by post or by telephone.
2.3 The Seller may accept the Customer’s offer within five days:
• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case receipt of the confirmation by the Customer is decisive; or
• by delivering the goods ordered, in which case receipt of the goods by the Customer is decisive; or
• by requesting payment from the Customer after the order has been placed.
If several of the above options apply, the contract is concluded at the moment the first of these events occurs. The acceptance period begins on the day after the Customer submits the offer and ends at the end of the fifth day following the offer. If the Seller does not accept the offer within this period, the offer is deemed rejected and the Customer is no longer bound by it.
2.4 If the Customer chooses a payment method offered by PayPal, payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to the PayPal User Agreement available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – the PayPal terms for payments without a PayPal account available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. When choosing a PayPal payment method available during checkout, the Seller declares acceptance of the Customer’s offer at the moment the Customer clicks the button completing the order.
2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g. e-mail, fax or letter) after the order has been placed. The Seller will not provide any further access to the contract text. If the Customer has created a user account before placing the order, the order data is archived in the Customer’s password-protected account and may be accessed free of charge.
2.6 Before submitting the binding order, the Customer can identify possible input errors by carefully reviewing the information displayed on the screen. The browser’s magnification function may assist in this. Corrections can be made using standard keyboard and mouse functions until the moment the order is submitted.
2.7 The languages available for the conclusion of the contract are shown in the online shop.
2.8 Order processing and communication generally take place by e-mail. The Customer must ensure that the e-mail address provided is correct and capable of receiving Seller communications. In particular, the Customer must ensure that spam filters do not block e-mails from the Seller or third parties involved in processing the order.
3) Right of Withdrawal
3.1 Consumers generally have a statutory right of withdrawal.
3.2 Details are set out in the Seller’s withdrawal policy.
4) Prices and Payment Terms
4.1 Prices in the Seller’s product descriptions are total prices including statutory VAT. Any additional shipping costs are shown separately.
4.2 For deliveries outside the European Union, additional costs may arise that the Seller cannot control and that must be borne by the Customer (e.g. bank transfer fees, currency conversion fees, import duties or taxes). Such costs may also apply if payment is made from outside the EU even if the goods are delivered within the EU.
4.3 Available payment methods are shown in the online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately unless a later due date has been agreed.
4.5 When choosing a payment method provided via PayPal, PayPal may engage third-party payment service providers. If PayPal provides payment methods whereby the Seller performs in advance (e.g. invoice purchase or instalment payment), the Seller assigns its claim to PayPal or to the specific payment provider named to the Customer. Before accepting this assignment, PayPal or the payment provider will carry out a credit check. If the result is negative, the Seller may refuse the selected payment method. If accepted, the Customer must pay within the agreed period exclusively to PayPal or the designated provider. The Seller remains responsible for general customer enquiries.
4.6 When selecting “PayPal Direct Debit,” PayPal will debit the Customer’s account after a SEPA direct debit mandate is issued and after the required pre-notification period has elapsed. If a direct debit fails due to insufficient funds or incorrect bank details, or if the Customer unlawfully objects to the debit, the Customer must reimburse any bank fees arising from the chargeback if they are responsible.
5) Delivery and Shipping Conditions
5.1 Goods are delivered to the address specified by the Customer, within the delivery area stated by the Seller, unless otherwise agreed. The delivery address specified during checkout is decisive.
5.2 If delivery fails for reasons attributable to the Customer, the Customer must bear the reasonable costs incurred. This does not apply to outbound shipping costs if the Customer validly exercises their right of withdrawal. Return shipping costs are governed by the withdrawal policy.
5.3 If the Customer is a business customer, the risk of accidental loss or damage passes to the Customer once the goods are handed over to the carrier. If the Customer is a consumer, risk passes only upon delivery to the Customer or their authorised recipient. However, if the Customer commissions the carrier independently and the Seller has not named that carrier, risk passes as soon as the Seller hands over the goods to that carrier.
5.4 The Seller reserves the right to withdraw from the contract if the Seller does not receive correct or timely delivery from its own supplier, provided that the Seller is not responsible and has concluded a proper cover transaction. In such cases, the Customer will be informed immediately and any payment refunded without delay.
5.5 Collection by the Customer is not possible for logistical reasons.
6) Retention of Title
If the Seller performs in advance, ownership of the goods remains with the Seller until full payment has been received.
7) Liability for Defects (Warranty)
Unless otherwise stated below, statutory warranty law applies.
For contracts for the supply of goods:
7.1 If the Customer is a business customer:
• the Seller may choose the type of remedy;
• for new goods, the limitation period for defects is one year from delivery;
• for used goods, warranty rights are excluded;
• the limitation period does not restart if a replacement is provided.
7.2 The above limitations do not apply:
• to claims for damages or reimbursement of expenses,
• if the Seller fraudulently concealed a defect,
• to goods which, by their normal use, have been incorporated into a building and caused its defectiveness,
• to any obligation of the Seller to provide updates for digital elements contained in goods.
7.3 Statutory limitation periods for recourse claims of business customers remain unaffected.
7.4 If the Customer is a merchant within the meaning of § 1 HGB, the duty to inspect and give notice of defects under § 377 HGB applies. Failure to comply results in deemed acceptance.
7.5 Consumers are requested to report visible transport damage to the carrier and notify the Seller. Failure to do so does not affect statutory warranty rights.
8) Liability
The Seller is liable to the Customer as follows:
8.1 The Seller is liable without limitation:
• for intent or gross negligence,
• for injury to life, body or health caused intentionally or negligently,
• under any guarantee provided,
• under mandatory statutory provisions, such as the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to foreseeable, typical damage, unless unlimited liability applies under section 8.1. Material contractual obligations are those necessary for the proper performance of the contract and on which the Customer regularly relies.
8.3 Otherwise, liability of the Seller is excluded.
8.4 These provisions also apply to the liability of the Seller’s legal representatives and agents.
9) Special Conditions for Processing Goods According to Customer Specifications
9.1 If the Seller is also responsible for processing the goods according to the Customer’s specifications, the Customer must provide all required content (text, images, graphics) in the formats and sizes specified by the Seller and must grant the necessary usage rights. The Customer is solely responsible for acquiring rights to such content and warrants that no third-party rights are infringed.
9.2 The Customer shall indemnify the Seller against all claims asserted by third parties due to infringement of their rights by the Customer’s content. This includes legal defence costs unless the Customer is not responsible. The Customer must promptly provide all information required for verification and defence.
9.3 The Seller may reject orders if the Customer’s content violates legal or regulatory provisions or public decency, including extremist, racist, discriminatory, defamatory, harmful to minors or violence-glorifying content.
10) Applicable Law
The laws of the Federal Republic of Germany apply, excluding the UN Convention on the International Sale of Goods. For consumers, this choice of law applies only insofar as mandatory consumer protection laws of the country of residence are not deprived.
11) Alternative Dispute Resolution
The Seller is not obliged to participate in consumer dispute resolution proceedings but is willing to do so.
11.12.2025