Terms of service
§ 1 Scope of the General Terms and Conditions
The following terms of delivery and payment apply to all transactions between the seller, roba Baumann GmbH, Feldstraße 14, 96237 Ebersdorf (hereinafter “roba”), and the consumer (hereinafter “Purchaser”), in the version valid at the time of the order.
§ 2 Order and conclusion of contract
- The presentation of the range of products by roba does not constitute a binding offer according to § 145 of the German civil code. Rather, an order represents an offer to roba for the conclusion of a purchase contract.
- After receipt of order, the Purchaser will be sent an e-mail confirming the same (acknowledgement of order) and its details (in particular binding prices). This order confirmation represents no acceptance of the offer. A purchase contract is only concluded by sending the ordered product to the Purchaser (accompanied by a shipping confirmation by e-mail) or by sending a separate order confirmation by e-mail. No purchase contract is concluded on ordered products that are not listed in the shipment or the order confirmation.
- The delivery of the order will occur within 1-6 business days. Any previous statements about availability and shipping of a product are only estimated times─they are neither mandatory nor guaranteed shipping or delivery dates. If during the processing of an order roba finds that the ordered products are unavailable, roba will inform the Purchaser of the delivery date in the order confirmation. If the Purchaser so wishes, the remaining available items in the order will be sent separately. However; by splitting the order into multiple shipments, shipping costs may increase accordingly.
- If roba is, without any fault of its own, unable to deliver the ordered goods because roba‘s Supplier has not fulfilled its contractual obligations, roba is entitled to cancel the contract. In such a case, the Purchaser will be informed immediately that the ordered product is not available. The statutory rights of the Purchaser remain unaffected.
- Information about the goods (technical data, dimensions, etc.) provided by roba are only approximate guiding values; in particular, they represent only an agreement on properties, if roba‘s information is in writing and explicitly designated as such.
- roba reserves the right to limit the order to a household quantity. This relates both to the number of products ordered within an order, as well as to several orders of the same product where the individual orders the household quantity.
§ 3 Methods of payment
- The prices listed in the roba retail shop or online store are final prices in Euro and include the currently valid statutory VAT. The invoice total is due upon acceptance of the order (see § 2 of the GTC).
- The Purchaser can pay the invoice amount with the methos offered in the online shop.
In the case of payment by SEPA direct deibt, the invoice aount is due for payment after issuance of a SEPA direct debit mandate, however, not before expiry of the deadline for receipt of pre-notification. The debit occurs when the ordered goods leave the roba warehouse, but before expiry of the deadline for pre-notification. Pre-notification is any communication (e.g. invoice) from roba to the Purchaser announcing a debit by means of a SEPA direct debit. If the debit is rejected due to insufficient funds or incorrect account information, or if the Purchaser, although he is not entitled to do so, refuses the charge, the Purchaser is obligated to bear any incurred costs with the respective financial instituation caused by the chargeback. Furthermore, a credit and data verification is carried out upon selection of the payment method, direct debit (see § 2 no. 8).
In the case of a rejection of the credit card charge, the Purchaser is obliged, within 10 days of receipt of service, to pay any costs incurred. These costs include costs incurred due to cancellation of the credit card charge and others.
- For deliveries to Non-EU countries, e.g. Switzerland, USA, etc., additional customs duties and fees are charged by authorities in the destination country.
- If the buyer is in default of payment, roba is entitled to demand default interest in the amount of 5% as per the European Central Bank announced base rate of interest per annum. If roba can provide evidence of a higher incurred damage, roba is entitled to make a claim for the same.
- The purchaser hereby agrees that roba is entitled to send the invoice as an electronic invoice (invoice issued in an electronic Format, and receive, e.g. as a PDF-document) by e-mail to the Purchaser. roba may, in its discretion, deliver the the invoice on paper to the Purchaser's home.
§ 4 Reservation of ownership
- The goods remain the property of roba until complete payment of the invoice amount. The Purchaser must inform roba of all access through third parties, in particular compulsory enforcement measures, as well as other impairments to the property of roba, immediately in writing. The Purchaser must compensate roba for all damages and costs to replace such damage caused by a breach of the aforementioned obligation.
§ 5 Shipping and transport damages
- Unless otherwise specified, delivery is from stock in the Ebersdorf warehouse to the Purchaser's specified delivery address. Shipping within Germany is carried out either with a shipping company, as an insured package through a parcel delivery service or, in the case of spare parts; as a letter with Deutsche Post AG (the German postal service).
Shipping costs remain the same for the Purchaser as those stated prior to placing the order. Should delivery be required in several partial deliveries, shipping costs will only be charged once. All prices include a VAT of 19%.
- Roba is, to a reasonable extent, entitled to make partial deliveries.
§ 6 Purchaser's right of withdrawal
Purchasers have a right of withdrawal in accordance with the below requirements. A Purchaser is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor an independent vocational activity.
Instructions on withdrawal
We refer to our separately stated Instructions on Withdrawal.
§ 7 Warranty
- In the case that the delivered goods are defective (material defect), then the statutory provisions apply. The assignment of the warranty claims of the Purchaser is excluded.
- Defects are not:
Use-related or other natural wear and tear; the quality of the goods or any damage after the transfer of risk due to improper handling, storage or assembly, non-compliance with installation or handling instructions, excessive strain or use, or lack of maintenance or care; the quality of the goods or damage due to force majeure, external influences, which are, according to the contract not provided, or due to the use of the goods beyond ordinary use or the use specified in the contract.
- The warranty claims lapse according to the statutory provisions.
§ 8 Damages and limitation of liability
- roba is liable for damages only in cases of intent or gross negligence. For simple negligence, roba is only liable for the breach of duty, of which the fulfilment makes proper execution of the contract possible in the first place and on whose compliance the Purchaser may regularly rely. In all other respects, liability for damages of any kind is excluded, no matter which basis for claim, including the liability for fault at the conclusion of the contract.
- If roba is liable for simple negligence, liability is limited to the damage, which roba would typically have to expect under the circumstances known at the time of conclusion oft he contract.
- The above exclusions and limitations of liability shall apply neither if a warranty was made by roba, nor if it comes to damage from injury to life, body or health or claims under the product liability law.
- In such case as the subsequent performance is by way of a replacement delivery, the Purchaser is obliged to return the previously delivered goods within 30 days at roba’s expense. The return of the defective goods must be made in accordance with the statutory regulations.
- As far as the contractual liability through roba is excluded or limited, this shall also apply to the personal liability of employees, vicarious agents and other third parties, which roba employs for the purpose of contract fulfillment.
§ 9 Data protection
Contractual documents including GTC are stored electronically by roba Baumann GmbH. These are made available to you by sending you the e-mails "Order confirmation" and "Contract, payment and delivery confirmation".
§ 10 Applicable law and place of jurisdiction
- The contractual relationship between roba and the Purchaser is subject to the law of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the purchaser, if they are the consumer, have their permanent residence. The application of UN purchase law is excluded.
- In business transactions with merchants and with legal entities under public law, the place of performance and jurisdiction for all legal disputes arising from this contract, including actions on bills of exchange and cheques, shall be 96459 Coburg. This place of jurisdiction shall also apply to a Purchaser who is not a registered trader and has no general place of jurisdiction in the Federal Republic of Germany or if, after conclusion of the contract, they move their place of residence or permanent dwelling out of this region or their place of residence or permanent dwelling is not known at the time of the legal assertion of the claim.
§ 11 Alternative dispute resolution
roba is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. We prefer to clarify your concerns in direct exchange with you.
§ 12 Final provisions
- Changes or additions to these terms and conditions must be made in writing. This also applies to the repeal of this written form requirement.
- In the event of the provisional ineffectiveness of individual provisions of the delivery contract or these General Terms and Conditions, the remaining provisions shall remain in effect. In such a case, the ineffective provision shall be replaced by the parties by mutual agreement with such a provision which comes closest to the economic sense and purpose of the invalid provision in a legally effective manner.
Ebersdorf, March 18, 2019