Terms of service
SCOPE
1.1 These General Terms and Conditions (hereinafter “T&Cs”) apply to all contracts for the delivery of goods concluded between Rotholz GmbH, Geschwister Scholl Straße 94, 14471 Potsdam, Germany, registered in the commercial register of the Local Court of Potsdam under HRB 35650, represented by its managing director Moritz Baur (hereinafter “Seller”), and consumers (hereinafter “Customer”) via the Seller’s online shop.
1.2 For the purposes of these T&Cs, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or independent professional activity.
1.3 Any deviating terms and conditions of the Customer shall not apply unless the Seller has expressly agreed to their validity.
CONCLUSION OF CONTRACT
2.1 The products displayed in the online shop do not constitute legally binding offers but represent an invitation to place an order.
2.2 By clicking the button “Buy now” or a similarly designated button, the Customer submits a binding offer to conclude a purchase contract.
2.3 After submitting the order, the Customer will receive an automatic confirmation of receipt by email. This confirmation does not yet constitute acceptance of the contractual offer.
2.4 The contract is only concluded once the Seller expressly declares acceptance by sending a shipping confirmation or by dispatching the goods.
2.5 The contract text is stored by the Seller. The order data and these T&Cs will be sent to the Customer by email. For security reasons, the contract text is not permanently accessible online.
2.6 Before submitting the order, the Customer may correct their entries in the order form at any time.
2.7 The contract language is German or English.
PRICES AND PAYMENT TERMS
3.1 All prices stated are total prices and include the applicable statutory value-added tax (VAT).
3.2 Any additional shipping costs will be indicated separately during the ordering process.
3.3 For deliveries to countries outside the European Union, additional costs (e.g. customs duties, import taxes or bank charges) may arise and must be borne by the Customer.
3.4 Payment is made directly during the ordering process using the payment methods offered in the online shop. These include in particular Shopify Payments (Stripe), PayPal and Apple Pay.
3.5 The purchase price is due immediately upon conclusion of the contract.
DELIVERY AND SHIPPING CONDITIONS
4.1 Delivery shall be made to the delivery address specified by the Customer.
4.2 The delivery times stated in the online shop are binding unless expressly agreed otherwise in individual cases.
4.3 Partial deliveries are permitted insofar as they are reasonable for the Customer.
4.4 In the case of consumers, the Seller bears the shipping risk until the goods are handed over to the Customer or a person authorized by the Customer to receive them.
4.5 If delivery fails due to reasons attributable to the Customer, the Customer shall bear the additional costs incurred.
4.6 Digital vouchers will be provided to the Customer as a PDF file via email immediately after receipt of payment.
RIGHT OF WITHDRAWAL
Consumers are generally entitled to a right of withdrawal. Details are set out in the separate withdrawal policy.
RETENTION OF TITLE
The delivered goods remain the property of the Seller until full payment has been received.
LIABILITY FOR DEFECTS (WARRANTY)
The statutory warranty rights shall apply.
No limitation of warranty rights applies to consumers. This also applies to reduced-price or sale items.
LIABILITY
8.1 The Seller shall be liable without limitation in cases of intent and gross negligence.
8.2 In cases of slight negligence, the Seller shall only be liable for damages resulting from the breach of essential contractual obligations (cardinal obligations). In such cases, liability is limited to the typical and foreseeable damage arising from the contract.
8.3 The above limitations of liability shall not apply in the event of injury to life, body or health, or in the case of claims under the German Product Liability Act (Produkthaftungsgesetz).
REDEMPTION OF VOUCHERS
9.1 Promotional vouchers may only be redeemed within the specified period and exclusively in the online shop. Only one promotional voucher may be redeemed per order.
9.2 The specific redemption conditions, particularly minimum order values, are defined in the respective voucher promotion.
9.3 Gift vouchers are transferable and may be redeemed until the end of the third year following their purchase.
9.4 Cash payment of vouchers is excluded.
9.5 If an order is fully withdrawn, any voucher used will be re-credited to the Customer.
APPLICABLE LAW
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
In the case of consumers, this choice of law shall apply only insofar as it does not deprive the consumer of mandatory consumer protection provisions of the country in which the consumer has their habitual residence.
PLACE OF JURISDICTION
If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship shall be Potsdam, Germany.
ALTERNATIVE DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.