General Terms and Conditions of Rocka Sports GmbH

1. General, scope of application
2. Conclusion of the contract
3. Storage of the contract text
4. Right of revocation
5. Prices and shipping costs
6. Delivery terms and delivery time
7. Terms of payment
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. Applicable law, place of jurisdiction

1. General, scope of application

1.1 All contracts, deliveries, and other services (e.g., the purchase of vouchers) between Rocka Sports GmbH, Gormannstraße 14, 10119 Berlin (hereinafter “Seller”) and the customer shall be governed exclusively by the following General Terms and Conditions (“GTC”) in the version valid at the time of the order; these can be accessed and printed on the seller’s website at https://www.rockanutrition.de/pages/agb. Unless expressly agreed in writing, conflicting terms and conditions shall not apply.

1.2 For the purposes of these Terms and Conditions, customers include both consumers and businesses (“Customer”). For the purposes of these Terms and Conditions, consumers are natural persons who enter into legal transactions for purposes that can predominantly be attributed neither to their commercial nor their professional activity (Section 13 of the German Civil Code (BGB)). For the purposes of these Terms and Conditions, businesses are natural or legal persons or partnerships with legal capacity that, when concluding a contract with the seller, act in the exercise of their commercial or self-employed professional activity (Section 14 BGB).

2. Conclusion of the contract

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

2.2 The customer can place orders via 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 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 shopping cart by clicking the [ENTFERNEN] icon located to the right of the respective product. The customer can change the quantity of the desired products in the corresponding text field by clicking the [+] or [-] sign, which is also located to the right of the respective product. The desired product quantity is updated automatically. To continue ordering the products in the shopping cart, the customer must click the [ZUM CHECKOUT] button in the shopping cart. The customer has another opportunity here to remove products from the shopping cart by clicking the [ENTFERNEN] icon located to the right of the respective product or to change the quantity of the desired products in the corresponding text field by clicking the [+] or [-] sign, which is also located to the right of the respective product; the desired product quantity is updated automatically. After confirming the checkbox acknowledging and agreeing to the applicability of our General Terms and Conditions and acknowledging the right of withdrawal, the customer can either continue 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]. The customer also has the option of entering a gift card or discount code in the text field [GESCHENKKARTE ODER RABATTCODE] located on the right and redeeming 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 order details and delivery address they previously entered here. After clicking the [WEITER ZUR ZAHLUNG] button, the customer can select their preferred 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 cancelling the ordering process and starting again from the beginning. To complete the purchase, the customer must click the [JETZT KAUFEN] button. This submits the order to us.

2.3.2 When the customer clicks the [PAYPAL] button, they are automatically redirected to our payment service provider PayPal via another button. If the customer has a PayPal account, they can now log in to their PayPal account and select the desired delivery address and payment method in the following input form; 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 select 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 of entering a gift card or discount code in the text field [GESCHENKKARTE ODER RABATTCODE] located on the right and redeeming it by clicking the adjacent [ANWENDEN] button. The customer can also change the order details and delivery address previously provided 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 ordering process and starting again from the beginning. To complete the purchase, the customer must click the [JETZT KAUFEN] button. This sends the order to us.

2.4 By placing an order, the customer submits a binding offer to conclude the contract, which the seller may accept. Confirmation that the order has been received is sent immediately after the order is submitted to the email address provided by the customer. The order confirmation does not yet constitute acceptance of the contract by the seller. The seller may accept the customer's offer within 48 hours of receiving the order by sending the customer an order confirmation, whereby receipt by the customer is decisive, or by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or by requesting payment from the customer. If more than one of the aforementioned alternatives applies, 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 shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent. If, during the ordering process in our online shop, the customer selects "PayPal", "Sofortüberweisung" or "Advance payment by bank transfer" as the payment method, the contract with the customer is concluded when the customer confirms the payment instruction to PayPal or Sofortüberweisung, or when the order is placed (advance payment by bank transfer).

2.5 The contract is concluded with: Rocka Sports GmbH, Gormannstraße 14, 10119 Berlin, telephone: 030 - 400 33 99 0, fax: 030 - 25942356, email: info@rockanutrition.de, represented by Alina Schulte im Hoff, VAT identification number pursuant to Section 27a UStG: DE277058507.

2.6 The customer agrees to receive invoices electronically. Electronic invoices are sent to the customer in PDF format by email 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 in text form after the contract has been concluded, together with the seller's general terms and conditions and customer information. In addition, the customer has the option of printing 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 is also stored in the customer's password-protected customer account, which the customer can access after logging into their customer account using the relevant login details.

4. Right of revocation

4.1 The following right of revocation exists only if you are a consumer; if you are a business and act in the exercise of your commercial or self-employed professional activity when concluding the contract, the following right of revocation does not apply.


Instructions on the right of revocation

Right of revocation

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

To exercise your right of revocation, you must inform us (MBS Logistik GmbH, c/o Rocka Sports GmbH, Bukarester Str. 11, 93055 Regensburg, telephone: 030 - 400 33 99 0, fax: 030 - 25942356, email: info@rockanutrition.de) by means of a clear statement (e.g. a letter sent by post, fax or email) informing us of your decision to revoke this contract. You may use the attached model revocation form for this purpose, but this is not mandatory. Alternatively, you may in particular use our electronic revocation form at https://rockanutrition-retoure.returnless.com/de for this purpose. To meet the revocation deadline, it is sufficient to send the notification of exercising the right of revocation before the revocation period expires.

Consequences of revocation

If you revoke this contract, we must reimburse you for all payments we have received from you, including delivery costs (with the exception of the additional costs arising from your choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we receive notification of your revocation of this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier. You must send 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 revocation of this contract. The deadline is met if you send the goods before the fourteen-day period has expired. You shall bear the direct cost of returning the goods. You are only liable for any diminished value of the goods if this diminished value results from handling them beyond what is necessary to establish their nature, properties and functioning.

Exclusion or premature expiry 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 expiry date would quickly be exceeded.

The right of withdrawal expires prematurely for contracts for the delivery of sealed goods that are unsuitable for return for reasons of
health protection or hygiene reasons are unsuitable for return if their seal has been removed after
delivery has been removed.

Model withdrawal form
(If you wish to revoke the contract, please complete this form and return it.)

To

MBS Logistik GmbH
c/o Rocka Sports GmbH
Bukarester Str. 11
93055 Regensburg
Fax: 030 - 88921190
Email: info@rockanutrition.de

I/We (*) hereby revoke 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 if notification is made on paper)

Date

(*) Delete as applicable.

4.2 Please avoid damaging or contaminating the goods. Please return the goods to us in their original packaging and unopened, with all accessories, and preferably not carriage forward. Compliance with the above conditions is not a prerequisite for the effective exercise of the right of withdrawal.

4.3 In the case of special promotions where the seller makes a free gift to the buyer conditional on reaching a certain order value, the seller reserves the right to reclaim the gift if returning goods causes the required amount to fall below the threshold. The same applies to promotions where the buyer receives an identical second product by purchasing a product. In this respect, the seller considers them a single unit, meaning that cancellation of the purchase always requires both items to be returned. In the event of an incomplete return, no financial refund can be issued.

5. Prices and shipping costs

 

5.1 All prices stated are final prices, i.e., they include all price components, including statutory VAT. The shipping costs listed below are charged in addition.

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

The following applies to Germany:
• For delivery within Germany, we charge a flat rate of EUR 4.90 per order.
• Shipping costs are waived for cart values of EUR 60 or more.

The following applies to Austria:
• For delivery to Austria, we charge a flat rate of EUR 5.90 per order.
• Shipping costs are waived for cart values of EUR 80 or more.

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

5.3 Goods are sold only in customary commercial quantities. This applies both to the number of goods ordered as part of an order and to placing multiple orders for the same goods, where each individual order comprises a customary household quantity.

5.4 In individual cases, additional costs may arise for which the seller is not responsible and which must be borne by the customer. These include costs for transferring money through credit institutions (e.g., transfer fees, exchange-rate fees) or import duties and taxes (e.g., customs duties). Such costs may arise in connection with transferring money, particularly when 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 by DHL, a freight forwarding company, 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; for orders paid in advance, it refers to the period between payment and delivery.

7. Terms of payment

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

7.1.1 When selecting payment in advance, we will provide our bank details in the order confirmation. For transfers from outside Europe, any bank charges shall be borne by the customer. The total amount must be transferred to our account within 5 business days of receipt of the order confirmation. The delivery period begins upon receipt of the total amount.

7.1.2 When selecting PayPal as the payment method, the invoice amount is paid via the online payment provider PayPal. For this purpose, 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 PayPal credentials and confirm the payment instruction to the seller. Payment to the seller is made immediately after the customer’s confirmation through their PayPal account. The “PayPal Terms of Use” of PayPal (Europe) S.à r.l. & Cie, S.C.A., available at www.paypal.com, in their respectively applicable version, shall apply. The goods will be shipped after confirmation of payment by PayPal.

7.1.3 When selecting the “Credit Card” payment method, the customer expressly authorizes the full invoice amount, plus any applicable delivery and shipping costs, to be charged to the selected credit card company when due by providing their credit card details. In this case, the charge will be initiated with the order confirmation. Credit card billing is processed by: Stripe, Inc., 510 Townsend Street, San Francisco, California 94103.

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

7.2 If the customer is a consumer, the purchase price shall accrue interest from the occurrence of default in payment, during the period of default, at a rate of 5 percentage points above the base interest rate. If the customer is not a consumer, the interest rate during the period of default shall be 9 percentage points above the base interest rate. The seller reserves the right to prove and assert higher damages caused by default.

8. Redeeming vouchers

8.1 Vouchers purchased through the seller’s online shop can only be redeemed in this online shop using the text field provided for this purpose during the ordering process; redemption by telephone, letter, fax, or email is not possible.

8.2 Multiple vouchers may also be redeemed for a single order. Vouchers may only be used to purchase goods and not to purchase additional vouchers. Vouchers or voucher balances cannot be paid out in cash. If the voucher’s value is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

8.3 Vouchers and any remaining balances on vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances will be credited to the customer’s voucher account until the expiry date.

8.4 The voucher is transferable. The seller may discharge her obligation by providing the respective holder who redeems the voucher in the seller’s online shop with the relevant performance. This does not apply if the seller knows, or is grossly negligent in failing to know, that the respective holder is not entitled to redeem the voucher, lacks legal capacity, or lacks authority to represent.

9. Warranty

9.1 If the customer is a consumer and places the order with the seller for a purpose that cannot be predominantly attributed to their commercial or professional activity, the statutory rights for defects in our goods shall apply.

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

9.2.1 The customer shall inspect delivered goods without undue delay after delivery, insofar as this is practicable in the ordinary course of business. If a defect becomes apparent, the seller must be notified without undue delay. If the customer fails to provide such notification, the goods shall be deemed approved, unless the defect was not detectable during the inspection. If such a defect becomes apparent later, notification must be provided without undue delay after its discovery; otherwise, the goods shall also be deemed approved with regard to this defect. This shall not apply if the seller fraudulently concealed the defect. § 377 HGB shall remain unaffected. The customer shall not be exempt from its inspection obligation even in the event of recourse by the entrepreneur pursuant to § 478 BGB. If, in such cases, the customer fails to immediately notify the seller of the defect asserted by its customer, the goods shall also be deemed approved with regard to this defect.

9.2.2 If a defect exists, the seller shall be entitled to determine the type of subsequent performance, taking into account the nature of the defect and the customer's legitimate interests. In these contracts, subsequent performance shall be deemed to have failed after the third unsuccessful attempt. This shall not apply in the event of recourse pursuant to § 478 BGB.

9.2.3 In the event of subsequent performance in the case of defects, the seller shall only be obliged to bear the expenses required for this purpose, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the goods have been moved to a location other than the customer's registered office or commercial establishment to which they were delivered. This shall not apply in the event of recourse pursuant to § 478 BGB.

9.2.4 The customer's claims for defects, including claims for damages, shall become time-barred after one year. The foregoing limitations and reductions of the limitation periods shall not apply to claims based on damage caused by the seller, its legal representatives or vicarious agents in cases of injury to life, limb or health, in cases of intentional or grossly negligent breach of duty or fraudulent concealment, in cases of breach of material contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on compliance with which the contractual partner may regularly rely (cardinal obligations), within the scope of a guarantee, insofar as agreed, and insofar as the scope of application of the Product Liability Act is opened.

10. Liability

10.1 The seller’s liability for damages, irrespective of the legal basis, particularly for impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties during contract negotiations, and tort, shall be limited as follows insofar as liability depends on fault:

10.2 The seller shall be liable for damages - irrespective of the legal basis - within the scope of liability based on fault in cases of intent and gross negligence (gross fault).

In cases of simple negligence, subject to a less stringent standard of liability under statutory provisions (e.g., the duty of care applicable to one’s own affairs), the seller shall only be liable

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

b) for damages arising from the non-insignificant breach of an essential contractual obligation (an obligation whose fulfillment is essential for the proper performance of the contract and on whose fulfillment the contractual partner regularly relies and is entitled to rely); in this case, however, the seller’s liability shall be limited to compensation for the foreseeable damage typically occurring.

10.3 The limitations of liability arising from subsection 2 shall also apply in the event of breaches of duty by or for the benefit of persons for whose fault the seller is liable under statutory provisions.

10.4 The limitations of liability arising from subsection 2 shall not apply insofar as the seller fraudulently concealed a defect or assumed a guarantee as to the quality of the goods, nor to the customer’s claims under the Product Liability Act.

11. Retention of Title, Set-off, Right of Retention

11.1 In the case of consumers, the seller retains title to the purchased goods until the invoice amount has been paid in full. If the customer is an entrepreneur ordering in the course of their commercial or self-employed professional activity, a legal entity under public law, or a special fund under public law, the seller retains title to the purchased goods until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights may be transferred to third parties.

11.2 For transactions with entrepreneurs, the customer shall only have a right of set-off if the customer’s counterclaims have been finally adjudicated or are undisputed or acknowledged by the seller. In addition, the customer shall only have a right of retention if and to the extent that the counterclaim is based on the same contractual relationship.

12. Customer service

For questions, complaints, or claims, you can reach our customer service Monday to Friday from 10:00 to 13:00 and from 14:00 to 16:00 at +49 30 - 400 33 99 0 or by email at info@rockanutrition.de.

13. Data protection

The seller takes data protection very seriously and collects, processes, and uses the data submitted by the customer in accordance with the data protection provisions of the General Data Protection Regulation (GDPR) and the German 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 dispute resolution proceedings before a consumer arbitration board.

15. Applicable law, place of jurisdiction

15.1 German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

15.2 For customers who conclude the contract for purposes that cannot predominantly be attributed to their commercial or self-employed professional activity (consumers), this choice of law shall apply only insofar as the customer is not deprived of the mandatory provisions of the law of the country in which they have their habitual residence.

15.3 If the ordering party is a merchant, a legal entity under public law, or a special fund under public law, the place of performance for all services arising from the business relationships with the seller shall be Berlin.

15.4 If the customer is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in the Federal Republic of Germany, then, at the seller's discretion, the exclusive place of jurisdiction for all potential disputes arising from the business relationship between the seller and the customer shall be the seller's registered office or the customer's registered office. However, in these cases, the seller's registered office shall be the exclusive place of jurisdiction for claims brought against the seller. Mandatory statutory provisions concerning exclusive places of jurisdiction shall remain unaffected by this provision.

15.5 The language of the contract is German.