General Terms and Conditions of Rocka Sports GmbH

1. General, Scope of Application
2. Conclusion of contract
3. Storage of the Contract Text
4. Right of Withdrawal
5. Prices and Shipping Costs
6. Delivery Terms and Delivery Time
7. Payment Terms
8. Redeeming vouchers
9. Warranty
10. Liability
11. Retention of title, set-off, right of retention
12. Customer service
13. Data protection
14. Platform for Online Dispute Resolution (ODR platform)
15. Legal system, place of jurisdiction

1. General, Scope of Application

1.1 For all contracts, deliveries, and other services (e.g., purchase of vouchers) between Rocka Sports GmbH, Gormannstraße 14, 10119 Berlin (hereinafter "seller") and the customer, exclusively the following General Terms and Conditions ("GTC") in the version valid at the time of the order apply; these can be accessed and printed from the seller's website at https://www.rockanutrition.de/pages/agb. Unless expressly agreed in writing, deviating terms and conditions do not apply.

1.2 Customer within the meaning of these terms and conditions means both consumers and entrepreneurs ("customer"). Consumers within the meaning of the terms and conditions are natural persons who enter into legal transactions for purposes that are predominantly neither commercial nor professional (§ 13 BGB). Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or legally capable partnerships who act in the exercise of their commercial or independent professional activity when concluding the contract with the seller (§ 14 BGB).

 

2. Conclusion of contract

2.1 The offers and product presentations of the seller in the online shop do not constitute legally binding offers by the seller, but rather a non-binding invitation to the customer to order goods.

2.2 Customers can place orders through the seller's online shop at https://www.rockanutrition.de.

2.3 When the customer has found the desired product, they can view it in more detail by clicking on the product name or product image. By clicking the [KAUFEN] button, they can add the desired product to the shopping cart. The customer can view the contents of the shopping cart at any time without obligation by clicking the [WARENKORB] icon located in the upper right corner. The customer can remove products from the cart by clicking the [ENTFERNEN] icon located to the right of each product. The quantity of desired products can be changed in the corresponding text field by clicking the [+] or [-] signs, which are also located to the right of each product. The desired product quantity updates automatically. To continue ordering the products in the shopping cart, the [ZUM CHECKOUT] button must be clicked in the cart. Here, the customer again has the option to remove products by clicking the [ENTFERNEN] icon to the right of each product or change the quantity in the corresponding text field by clicking the [+] or [-] signs; the desired product quantity updates automatically. After confirming the checkbox regarding acknowledgment and agreement to our terms and conditions, as well as acknowledgment of the right of withdrawal, the customer can either proceed by clicking the [ZUM CHECKOUT] button or by clicking the [PAYPAL] button.

2.3.1 By clicking the [ZUM CHECKOUT] button, the customer can enter their personal order details (email address, name, delivery address, etc.) in the next step [INFORMATIONEN]. Additionally, the customer has the option to enter a gift card or discount code into the text field located on the right side [GESCHENKKARTE ODER RABATTCODE] and redeem it by clicking the adjacent [ANWENDEN] button. After clicking the [WEITER ZUM VERSAND] button, the customer can select the shipping method. The customer can also change the previously entered order details and delivery address here. After clicking the [WEITER ZUR ZAHLUNG] button, the customer can select the desired payment method and enter the corresponding payment details in the next step [ZAHLUNG]. The customer can correct input errors by navigating backward in the browser or canceling the order process and starting over. To complete the purchase, the customer must click the [JETZT KAUFEN] button. This will send the order to us.

2.3.2 By clicking the [PAYPAL] button, the customer is automatically redirected via another button to our payment service provider PayPal. If the customer has a PayPal account, they can now log into their PayPal account and select the desired delivery address and payment method in the following input screen; if they do not have a PayPal account, they can either open a new PayPal account and then complete the payment process with PayPal or choose an alternative payment method. After clicking the [WEITER] button, the customer is automatically redirected back to our shop, where they can select the desired shipping method. The customer also has the option to enter a gift card or discount code in the text field [GESCHENKKARTE ODER RABATTCODE] located on the right side and redeem it by clicking the adjacent [ANWENDEN] button. Additionally, the customer can change the order data and delivery address they previously provided. After clicking the [WEITER ZUR ZAHLUNG] button, the customer can select the desired payment method and enter the corresponding payment details in the next step [ZAHLUNG]. The customer can correct input errors by navigating backward in the browser or canceling the order process and starting over. To complete the purchase, the customer must click the [BUY NOW] button. This sends the order to us.

2.4 By placing the order, the customer makes a binding offer to conclude the contract, which can be accepted by the seller. Confirmation of receipt of the order follows immediately after sending the order to the email address provided by the customer. The order confirmation does not yet constitute acceptance of the contract by the seller. The customer's offer can be accepted by the seller within 48 hours of receipt of the order by sending the customer an order confirmation, whereby the receipt by the customer is decisive, or by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or by requesting payment from the customer. If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent. If the customer selects "PayPal," "Sofortüberweisung," or "prepayment by bank transfer" as the payment method during the ordering process in our online shop, the contract with the customer is concluded at the time the payment instruction is confirmed to PayPal or Sofortüberweisung by the customer or by placing the order (prepayment by bank transfer).

2.5 The contract is concluded with: Rocka Sports GmbH, Gormannstraße 14, 10119 Berlin, Phone: 030 - 400 33 99 0, Fax: 030 - 88921190, Email: info@rockanutrition.de, represented by Alina Schulte im Hoff, VAT identification number according to § 27a UStG: DE277058507.

2.6 The customer agrees to receive invoices electronically. Electronic invoices will be sent to the customer by email in PDF format or made available for download within the customer account.

 

3. Storage of the Contract Text

The seller stores the contract text and sends it to the customer along with the general terms and conditions and customer information of the seller in text form after the conclusion of the contract. In addition, the customer has the option to print both the order and the general terms and conditions before submitting the order to us. If the customer has created a customer account in the seller's online shop before submitting the order, the contract text will also be stored in the password-protected customer account, which the customer can access after logging in with the appropriate login details.

 

4. Right of Withdrawal

4.1 The following right of withdrawal exists only if you are a consumer; if you are an entrepreneur and act in the exercise of your commercial or independent professional activity when concluding the contract, the following right of withdrawal does not apply.


Withdrawal Instructions

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise your right of withdrawal, you must inform us (Rocka Sports GmbH c/o FIEGE Logistik Stiftung & Co. KG Märkische Allee 15 14979 Großbeeren, Phone: 030 - 400 33 99 0, Fax: 030 - 88921190, Email: info@rockanutrition.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse you all payments received from you, including delivery costs (except for the additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same payment method that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged fees for this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earlier. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Exclusion or premature expiration of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.

The right of withdrawal expires prematurely for contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been broken after delivery.
Not suitable for return due to health protection or hygiene reasons if their seal has been broken after delivery.
Delivery was removed.

Sample withdrawal form
(If you want to withdraw from the contract, please fill out this form and send it back.)

To

Rocka Sports GmbH
c/o FIEGE Logistik Stiftung & Co. KG
Märkische Allee 15
14979 Großbeeren
Fax: 030 - 88921190
E-mail: info@rockanutrition.de

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for notification on paper)

Date

(*) Delete as appropriate.

4.2 Please avoid damage and contamination of the goods. Please return the goods in their original packaging and unopened, with all accessories, and if possible, not freight collect. Compliance with the above conditions is not a prerequisite for the effective exercise of the right of withdrawal.

4.3 In special promotions where a free gift from the seller to the buyer depends on reaching a certain order value, the seller reserves the right to reclaim this gift if the required amount is not met due to the return of goods. The same applies to promotions where the buyer receives an identical second product by purchasing one product. The seller considers these as a unit, meaning that cancellation of the purchase always requires the return of both items. No financial reimbursement can be made for incomplete returns.

5. Prices and Shipping Costs

5.1 All prices stated are final prices, i.e., they include all price components, including statutory VAT. Additionally, the following shipping costs apply.

5.2 We charge the following shipping costs, which will be clearly communicated to the buyer before ordering and during the ordering process:

For Germany, the following applies:
• For delivery within Germany, we charge a flat rate of 4.90 EUR per order.
• For sample orders up to a total weight of 200 g, we charge 2.40 EUR.
• Shipping costs are waived for shopping cart values of 60 EUR or more.

For Austria, the following applies:
• For delivery to Austria, we charge a flat rate of 4.90 EUR per order.
• Shipping costs are waived for shopping cart values of 80 EUR or more.

For Switzerland, the following applies:
• For delivery to Switzerland, we charge a flat rate of 6.90 EUR per order.
• Shipping costs are waived for shopping cart values of 100 EUR or more.

5.3 Goods are only sold in customary commercial quantities. This applies both to the number of goods ordered within a single order and to placing multiple orders of the same goods, where each order contains a household-typical quantity.

5.4 In individual cases, additional costs may arise that the seller is not responsible for and which must be borne by the customer. These include costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may especially occur in relation to money transfers if the customer makes the payment from a country outside the European Union.

 

6. Delivery Terms and Delivery Time

6.1 We sell and deliver exclusively within Germany, Austria, and Switzerland. Shipping is carried out via DHL, freight forwarder, or another provider of our choice.

6.2 Unless otherwise stated in the respective offer, the goods will be delivered within 3-6 business days. The delivery time refers to the period between placing the order and delivery of the ordered goods, or in the case of prepayment orders, the period between payment and delivery.

 

7. Payment Terms

7.1 Payment can be made optionally by advance payment, PayPal, credit card, or Sofortüberweisung. However, the seller reserves the right not to offer certain payment methods for each order and to refer to other payment methods.

7.1.1 When choosing the payment method advance payment, we provide you with our bank details in the order confirmation. For transfers from non-European countries, any bank fees are to be borne by the customer. The total amount must be transferred to our account within 5 working days of receiving the order confirmation. The delivery period begins upon receipt of the total amount.

7.1.2 When selecting the payment method PayPal, the invoice amount is paid via the online payment provider PayPal. For this, the customer is redirected to the PayPal website, www.paypal.de. The customer must be registered with PayPal or register for the first time if necessary, then authenticate themselves with their login details at PayPal and confirm the payment instruction to the merchant. Payment to the merchant occurs immediately after the customer's confirmation via their PayPal account. The "PayPal Terms of Use" of PayPal (Europe) S.à r.l. & Cie, S.C.A., in their current version, available at www.paypal.com, apply. Shipping takes place after payment confirmation by PayPal.

7.1.3 When choosing the payment method "Credit Card," the customer expressly authorizes the full invoice amount plus any applicable delivery and shipping costs to be charged to the selected credit card company upon due date by providing their credit card details. The charge is initiated with the order confirmation. Billing via credit card is carried out by: Stripe, Inc., 510 Townsend Street, San Francisco, California 94103.

7.1.4 If the customer selects "Sofortüberweisung" as the payment method during the ordering process in our online shop, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). After selecting this payment method, the customer is automatically redirected to the secure payment form of the payment service provider. Through this payment form, SOFORT automatically and in real time initiates a transfer from your bank account. To use the payment service provider SOFORT, the customer must have an online banking account enabled for participation in "SOFORT" with PIN/TAN procedure, authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The transaction is then immediately executed by "SOFORT" and the customer's bank account is debited. The purchase amount is transferred directly to our bank account. Further information about the payment method "SOFORT" can be found by the customer on the internet at https://www.klarna.com/sofort.

7.2 If the customer is a consumer, the purchase price shall bear interest at 5 percentage points above the base rate during the delay in payment. If the customer is not a consumer, the interest rate during the delay is 9 percentage points above the base rate. The seller reserves the right to prove and claim higher damages caused by delay.

 

8. Redeeming vouchers

8.1 Vouchers purchased through the seller's online shop can only be redeemed in this online shop via the designated text field in the ordering process; redemption by phone, letter, fax, or email is not possible.

8.2 Multiple vouchers can be redeemed in one order. Vouchers can only be used to purchase goods and not to purchase additional vouchers. Cash payment of vouchers or voucher balances is not possible. If the value of the voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

8.3 Vouchers and remaining balances from vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining balances will be credited to the customer's voucher account until the expiration date.

8.4 The voucher is transferable. The seller can fulfill the obligation to the respective holder who redeems the voucher in the seller's online shop with discharging effect. This does not apply if the seller is aware or grossly negligently unaware of the lack of authorization, incapacity to contract, or lack of representation authority of the respective holder.

 

9. Warranty

9.1 If the customer is a consumer and places the order with the seller for a purpose that is predominantly neither attributable to their commercial nor professional activity, the statutory warranty rights for defects apply to our goods.

9.2 If the customer places the order with the seller as a business, the following applies:

9.2.1 Delivered goods must be inspected by the customer immediately after delivery, as far as is reasonable according to proper business practices. If a defect is found, the seller must be notified immediately. If the customer fails to notify, the goods are deemed approved unless the defect was not detectable during the inspection. If such a defect becomes apparent later, notification must be made immediately after discovery; otherwise, the goods are also deemed approved with regard to this defect. This does not apply if the seller fraudulently concealed the defect. § 377 HGB remains unaffected. The customer is not exempt from the duty to inspect even in the case of recourse by the entrepreneur under § 478 BGB. If the customer does not immediately notify the defect claimed by their buyer in such cases, the goods are also deemed approved with regard to this defect.

9.2.2 If a defect exists, the seller is entitled, taking into account the nature of the defect and the legitimate interests of the customer, to determine the type of subsequent performance. Subsequent performance is considered failed after the third unsuccessful attempt in these contracts. This does not apply in the case of recourse under § 478 BGB.

9.2.3 In the case of subsequent performance for defects, the seller is only obliged to bear the necessary expenses, in particular transport, travel, labor, and material costs, to the extent that these do not increase because the item was moved to a location other than the customer's registered office or commercial establishment to which it was delivered. This does not apply in the case of recourse under § 478 BGB.

9.2.4 The customer's claims for defects, including claims for damages, expire after one year. The above limitations and shortened periods do not apply to claims arising from damages caused by the seller, its legal representatives, or vicarious agents in cases of injury to life, body, or health, in cases of intentional or grossly negligent breach of duty, as well as fraud, in cases of breach of essential contractual obligations whose fulfillment makes the proper execution of the contract possible in the first place and on which the contracting party regularly relies (cardinal obligations), within the scope of a warranty promise, as far as agreed and as far as the scope of the Product Liability Act applies.

 

10. Liability

10.1 The seller's liability for damages, regardless of the legal basis, especially for impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties during contract negotiations, and unlawful acts, is limited as follows insofar as fault is required in each case:

10.2 The seller is liable for damages – regardless of the legal basis – within the scope of fault-based liability for intent and gross negligence (gross fault).

In cases of simple negligence, the seller is liable only subject to a milder standard of liability under statutory provisions (e.g., care in one's own affairs),

a) for damages resulting from injury to life, body, or health,

b) for damages resulting from the significant breach of an essential contractual obligation (an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely); in this case, however, the seller's liability is limited to compensation for the foreseeable, typically occurring damage.

10.3 The liability limitations resulting from paragraph 2 also apply in the case of breaches of duty by or for the benefit of persons whose fault the seller is legally responsible for.

10.4 The liability limitations resulting from paragraph 2 do not apply if the seller has fraudulently concealed a defect or has given a guarantee for the condition of the goods, as well as for claims of the customer under the Product Liability Act.

 

11. Retention of title, set-off, right of retention

11.1 For consumers, the seller reserves ownership of the purchased item until full payment of the invoice amount. If the customer is an entrepreneur and orders in the exercise of their commercial or independent professional activity, a legal entity under public law, or a special fund under public law, the seller reserves ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

11.2 For entrepreneurs, the following applies: The customer has a right of set-off only if their counterclaims have been legally established or are undisputed or acknowledged by the seller. Furthermore, the customer has a right of retention only if and to the extent that their counterclaim is based on the same contractual relationship.

 

12. Customer service

For questions, complaints, or claims, you can reach our customer service from Monday to Friday between 10:00 a.m. and 1:00 p.m. and from 2:00 p.m. to 4:00 p.m. at the phone number 030 - 400 33 99 0 as well as by email at info@rockanutrition.de.

 

13. Data protection

The seller takes data protection very seriously and collects, processes, and uses the data transmitted by the customer in accordance with the data protection regulations of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Further information on how the seller handles customers' personal data can be found at https://www.rockanutrition.de/pages/datenschutz.

 

14. Platform for Online Dispute Resolution (ODR platform)

The EU Commission provides a platform for online dispute resolution (ODR platform) at https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

 

15. Legal system, place of jurisdiction

15.1 German law applies, excluding the UN Sales Convention.

15.2 For customers who conclude the contract for purposes that are predominantly neither attributable to their commercial nor their independent professional activity (consumers), this choice of law applies only insofar as mandatory provisions of the law of the state in which the customer has their habitual residence are not excluded.

15.3 The place of performance for all services arising from the business relationship with the seller shall be Berlin if the purchaser is a merchant, a legal entity under public law, or a special fund under public law.

15.4 If the customer is a merchant, a legal entity under public law, or a special fund under public law, or if they have no general place of jurisdiction in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from the business relationship between the seller and the customer shall be, at the seller's choice, either the seller's place of business or the customer's place of business. However, for lawsuits against the seller, the seller's place of business shall be the exclusive place of jurisdiction in these cases. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.

15.5 The contract language is German.