General Terms and Conditions with customer information
Table of contents
1 **Scope of application**
These provisions govern the conditions for the use of our services. By using our services, you agree to these terms and conditions.
2 **Conclusion of contract**
Ordering our products constitutes a binding offer. A contract is concluded as soon as we confirm the order or dispatch the goods.
3 **Right of cancellation**
You are entitled to the statutory right of cancellation. You can find more information on this in our cancellation policy.
4 **Prices and terms of payment**
The prices quoted are final prices and include statutory VAT. Payments must be made within the agreed period.
5 **Delivery and dispatch conditions**
Delivery shall be made in accordance with the agreed conditions. Information on delivery times and shipping costs can be found on our website or will be communicated to you separately.
6 **Reservation of title**
The delivered goods remain our property until full payment has been made.
7 **Liability for defects (warranty)**
The statutory provisions on liability for defects apply. Information on your rights in the event of a warranty claim can be found in our General Terms and Conditions.
8 **Applicable law**
The law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
9 **Code of Conduct**
We have undertaken to comply with the principles of a recognised code of conduct.
10 **Alternative dispute resolution**
The European Commission provides a platform for online dispute resolution (OS). You can find this at http://ec.europa.eu/consumers/odr/. We are prepared to participate in dispute resolution proceedings before a consumer arbitration board.
1 **Scope of application**
1.1 These General Terms and Conditions (hereinafter "GTC") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the company "ROHDE+ROHDE Ursula Rohde", trading under "design-lichtschalter.com", "designer-switches.com" and "interrupteursdeluxe.fr" (hereinafter "Seller"), with regard to the goods displayed in the online shop. The inclusion of the customer's own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2 **Conclusion of contract**
2.1 The product descriptions contained in the seller's online shop do not serve as binding offers on the part of the seller, but as an invitation to the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop or alternatively by e-mail, online contact form, by post or by telephone. After the customer has placed the selected goods in the virtual shopping basket and completed the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods in the shopping basket by clicking the order completion button.
2.3 The seller can 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). The time of receipt of the order confirmation by the customer is decisive. Alternatively, the seller can accept the offer by delivering the ordered goods or by requesting payment from the customer after the order has been placed. If several of the above alternatives exist, the contract is concluded at the time of the first occurrence of one of these alternatives. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the fifth day after it is sent. If the Seller does not accept the offer within this period, this shall be deemed a rejection of the offer and the Customer shall no longer be bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), in compliance with the PayPal Terms of Use. 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, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. By clicking the button that concludes the order process, the customer declares his agreement to the terms of use mentioned and the seller accepts the customer's offer.
2.5 After the conclusion of the contract, the seller saves the text of the contract and sends it to the customer in text form (e.g. e-mail, fax or letter). The seller shall not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding order, the customer can recognise any input errors by carefully checking the information displayed. The browser's magnification function can serve as an effective technical means of better recognising input errors. The customer can correct his entries during the electronic ordering process up to completion by clicking the order process button.
2.7 The contract languages are German and English.
2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer is responsible for ensuring that the e-mail address provided by him for order processing is correct so that he can receive the e-mails sent by the seller. When using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller can be delivered.
3) **Right of cancellation**
3.1 Consumers are generally entitled to a right of cancellation.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4) **Prices and terms of payment**
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. 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). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The accepted payment options are communicated to the customer in the seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If a payment method offered via the "PayPal" payment service is selected, payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller offers payment methods for which it makes advance payments to the Customer (e.g. purchase on account or payment by instalments), it assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is authorised, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, revocation declarations and deliveries or credit notes, even in the event of the assignment of claims.
4.6 If a payment method offered via the "mollie" payment service is selected, the payment will be processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via mollie are communicated to the customer in the seller's online shop. To process payments, mollie may use other payment services for which special payment terms may apply, to which the customer may be informed separately. Further information on "mollie" is available on the Internet at https://www.mollie.com/de/.
5) **Delivery and shipping conditions**
5.1 If the Seller offers to dispatch the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the return shipment if the customer effectively exercises his right of cancellation. The provisions in the seller's cancellation policy shall apply to the return costs if the customer effectively exercises his right of cancellation.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or organisation designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment and the seller has not previously named this person or organisation to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply if the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.
5.5 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. In this case, no shipping costs will be charged.
**6) Retention of title**
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
**7) Liability for defects (warranty)**
7.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur:
- The seller has the choice of the type of subsequent fulfilment.
- The limitation period for defects for new goods is one year from delivery of the goods.
- In the case of used goods, rights and claims for defects are excluded.
- The limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.
7.3 The aforementioned limitations of liability and shortening of the limitation period shall not apply:
- For claims for damages and reimbursement of expenses by the customer.
- In the event that the seller has fraudulently concealed the defect.
- For goods that have been used for a building in accordance with their normal use and have caused its defectiveness.
- For any existing obligation of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.
7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to fulfil the notification obligations regulated therein, the goods shall be deemed approved.
7.6 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
**8) Applicable law**
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
**9) Code of Conduct**
The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Commerce", which can be viewed on the Internet at [https://www.fairness-im-handel.de/teilnahmebedingungen/](https://www.fairness-im-handel.de/teilnahmebedingungen/).
**10) Alternative dispute resolution**
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link [https://ec.europa.eu/consumers/odr](https://ec.europa.eu/consumers/odr)
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is prepared to do so.