条款和条件

1. Scope
2. Offers and Descriptions of Performance
3. Order Procedure and Conclusion of Contract
4. Prices and Shipping Costs
5. Delivery, Merchandise Availability
6. Payment Conditions
7. Retention of Title
8. Warranty against Manufacturer’s Defects and Guarantee
9. Liability
10. Right of Cancellation
11. Exclusion of the Right of Cancellation
12. Returns
13. Return Shipping Costs in Case of Cancellation
14. Storage of the Contractual Text
15. Privacy Policy
16. Place of Jurisdiction, Applicable Law, Contract Language

1. Scope
1.1 The business relationship between Roxxlyn Design GmbH (limited liability), Brunnenstrasse 172, D-10119 Berlin (hereinafter “Seller”) and the customer (hereinafter “Customer”), is subject exclusively to the following General Terms and Conditions as applicable at the time the order was made.

1.2 You can contact our customer service for questions and complaints on weekdays from 10:00 AM to 5:00 PM by phone at +49(0)309 835 2010, as well as by e-mail at info@roxxlyn.com.

1.3 A consumer as defined by these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity (Article 13 German Civil Code (BGB)).

1.4 Different terms and conditions of the Customer shall not be recognized, unless the Seller expressly agrees to their validity in writing.

2. Offers and Descriptions of Performance

2.1 The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to submit an order. Descriptions of performance in catalogues as well as on the websites of the Seller do not have the character of a promise or guarantee.

2.2 All offers are valid “while supplies last”, unless stated otherwise in the product descriptions. Furthermore, errors and omissions are excepted.

3. Order Procedure and Conclusion of Contract

3.1 The Customer can select from the range of the Seller’s products and assemble them in a so-called shopping cart via the [Add to Cart] button.

3.2 The Customer can subsequently advance to complete the order procedure within the shopping cart via the [Go to check-out] button.

3.3 With the [Purchase] button, the Customer makes a binding offer to purchase the merchandise in the shopping cart. Prior to submitting the order, the Customer can change and review the data at any time. Required fields are marked with (*).

3.4 The Seller then sends the Customer an automatic acknowledgment of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print using the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the request. The contract for the sale of goods is only concluded if the Seller has shipped, handed over, or confirmed the ordered product to the Customer within 2 days with a second e-mail, explicit order confirmation or dispatch of the invoice.

3.5 In case the Seller enables a prepayment option, the contract shall be concluded with the provision of bank details and the call for payment. If despite being due, even after an additional reminder, payment is not made within 10 calendar days after the order confirmation has been received by the Seller, the Seller shall cancel the contract with the consequence that the order is void and the Seller shall have no obligation to deliver. The order is then settled for the Buyer and Seller without any further consequences. For prepayments, a reservation of the item is therefore only made for no longer than 10 calendar days.

4. Prices and Shipping Costs

4.1 All prices indicated on the Supplier’s website are inclusive of respective applicable legal value-added tax.

4.2 In addition to the specified prices, the Seller calculates the shipping costs for the delivery. Shipping costs are clearly indicated to the Customer on the shipping cost page and during the course of the order procedure.

5. Delivery, Merchandise Availability

5.1 If a product selected by the Customer is not in stock at the time of ordering, the Seller will inform the Customer to this effect in the order confirmation. If the product is permanently out of stock, the Seller will not issue a declaration of acceptance. In this case, no contract will be concluded.

5.2 If the product ordered by the Customer is only temporarily unavailable, the Seller will immediately inform the Customer of this in the order confirmation. If delivery is delayed by more than two weeks, the Customer has the right to withdraw from the contract. In addition, in this case, the Seller is also entitled to dissolve the contract. In doing so, the Seller shall immediately refund any payments already made by the Customer. To the extent that prepayment has been agreed, delivery shall be made after the invoice amount has been received.

5.3 Average fulfillment time is 2-4 working days

6. Payment Conditions

6.1 Within the terms of and prior to concluding the order process, the Customer can choose among the methods of payment available.

6.2 If payment on invoice is possible, the payment is to be made within 5 days of receiving the merchandise and the invoice. For all other modes of payment, payment is to be made in advance, without any deduction.

6.3 If third parties, e.g. PayPal, are appointed to process payment, their General Terms and Conditions shall apply.

6.4 If a calendar date has been specified for payment, the Customer will be in default if the deadline is missed. In this case, the Customer must pay the Supplier default interest at the rate of 5 percentage points above the base rate.
6.5 The Customer’s obligation to pay default interest does not exclude the assertion of further damages payable to the Supplier due to the delay.

6.6 A right of set-off is available to the Customer only if his/her counterclaims have been legally established or recognized by the Seller. The Customer may only exercise a right of retention to the extent that the claims arise from the same contractual relationship.

7. Retention of Title

Until full payment, the delivered merchandise shall remain the property of the Seller.

8. Warranty against Manufacturer’s Defects and Guarantee

8.1 The warranty is determined by legal regulations.

8.2 A warranty exists for goods delivered by the Seller only if it has been expressly stated.

9. Liability

9.1 For liability of the Seller for compensation, the following liability exclusions and restrictions shall apply, irrespective of any other statutory qualifying conditions for claims.

9.2 The Seller has unlimited liability in case the cause of damages is based on willful intent or gross negligence.

9.3 Furthermore, the Seller shall be liable for damages caused by a slightly negligent breach of major obligations or of obligations whose breach will put the achievement of the contractual purpose at risk, or whose fulfilment is essential for the due and proper implementation of the contract, and the fulfillment of which the Customer regularly relies on. In this case, the Seller’s liability, however, is only limited to damages that are foreseeable and typical to this type of contract. The Seller is not liable for slightly negligent breach of obligations other than those specified in the aforementioned sentences.

9.4 The aforementioned limitations of liability do not apply in the case of damage to life, body or health, for defects after assumption of a guarantee regarding the product’s quality and for defects concealed with malicious intent. Liability under product liability law remains unaffected.

9.5 Where the liability of the Seller is excluded or limited, the same is also true of the personal liability of employees, representatives and agents.

10. Right of Cancellation

– Begin of the Instruction on the Right of Cancellation for Consumers –

Right of Cancellation

You can cancel your contractual declaration within 14 days without giving reasons, either in writing (e.g. letter, fax, e-mail). The right of revocation does not exist with the delivery of goods, which were manufactured after specification of the contracting partner (individual or custom-made). Custom-made products in this sense are all products that have been specified with the use of the online configurator. The time period starts upon receipt of this information in writing, but not before the goods have reached the recipient (where similar goods are delivered on a recurring basis, then not before receipt of the first part of the delivery) and in any case not before our information obligations have been observed in accordance with Article 246 Section 2 in conjunction with Sections 1 and 2 Introductory Act to the German Civil Code (EGBGB), as well as our obligations pursuant to Section 312g Section 1 Sentence 1 German Civil Code (BGB) in conjunction with Article 246 Section 3 Introductory Act to the German Civil Code (EGBGB). To comply with the cancellation deadline, it is sufficient that the cancellation or return of the goods be sent in a timely manner.

The cancellation must be sent to:

Roxxlyn Design GmbH
Brunnenstrasse 172
10119 Berlin
Germany

E-mail: support@roxxlyn.com
Phone: +49(0)30-98352010
Fax:      +49(0)30-20169484

Consequences of Cancellation

In case of an effective cancellation, the mutually received services are to be returned and any relevant benefits (e.g. interest) relinquished. Should you be unable to reimburse us partially or in full for the services or benefits (e.g. use and enjoyment) received or only return them in a deteriorated condition, you are required to provide us with compensation for lost value. For the deterioration of the product and the profits derived, you shall only be required to pay compensation if the benefits or deterioration are due to the handling of the product which exceeds examining the features and functionality. By “examining the features and functionality”, we mean testing and trying out the particular merchandise as far as is possible and customary in a retail store. Goods which can be sent by parcel shipment are to be returned at your risk. You are to bear the regular cost of return shipping if the goods delivered are as ordered. Obligations to reimburse payment must be fulfilled within 30 days. The time period for you begins with the submission of a declaration of cancellation or return of goods, for us upon their receipt.

– End of the Instruction on the Right of Cancellation for Consumers –

11. Exclusion of the Right of Cancellation

The right of cancellation does not apply to the delivery of goods that have been made to client specifications or which are explicitly tailored to the Customer’s individual requirements (customized).

12. Returns

12.1 Prior to return shipment, Customers are requested to contact the Seller [email: support@roxxlyn.com], to announce the return shipment. In this manner, you will enable the Seller to approve and to classify the products as quickly as possible.

12.2 The provisions specified in this section (“Instructions on Returns”) are not the prerequisite for the effective exercise of the above right of cancellation. Prior to return shipment, Customers are requested to contact the Seller [email: support@roxxlyn.com], to announce the return shipment. In this manner, you will enable us to approve your return and also to classify the products as quickly as possible. Customers are requested to return the goods to the Seller in a postmarked and trackable and insured parcel and to keep the shipping receipt. Roxxlyn commercial invoice needs to be accessible and visible outside of the shipping package. In addition please mark the commercial invoice with “return to sender” for a smooth customs clearance into the European Union (only for returns outside of the European Union). If you are not able to locate the commercial invoice please get in touch with us. Any applying costs for incorrect returns needs to be paid by the customer.

Customers are requested to prevent the merchandise from becoming damaged or soiled. If possible, the goods, along with all accessories, should be sent back to the Seller in its original packaging. If the buyer is no longer in possession of the original packaging, other suitable packaging should be used, in order to provide sufficient protection from shipping damage and to avoid any claims for compensation due to damage as a result of faulty packaging.

12.3 Customers are requested to prevent the merchandise from becoming damaged or soiled. If possible, the goods, along with all accessories, should be sent back to the Seller in its original packaging. If the buyer is no longer in possession of the original packaging, other suitable packaging should be used, in order to provide sufficient protection from shipping damage and to avoid any claims for compensation due to damage as a result of faulty packaging.

12.4 The procedures specified in this section (No. 12) of the General Terms and Conditions are not a prerequisite for the effective exercise of the right to cancellation according to No. 10 of these General Terms and Conditions.

13. Return Shipping Costs in Case of Cancellation

13.1 If the Customer is a consumer, in case of cancellation (see No. 10 of these General Terms and Conditions), he/she is to bear the regular cost of return shipping if the goods delivered are as ordered.

14. Storage of the Contractual Text

14.1 The Seller shall save the contractual text of the order. The General Terms and Conditions can be reviewed online. Prior to placing the order with the Seller, the Customer can print out the contractual text by using the print function of his/her browser during the last step of the order.

14.2 The Seller shall also send the Customer an order confirmation containing all the order details to the e-mail specified by the Customer. Furthermore, the Customer shall receive a copy of the General Terms and Conditions with his/her order.

15. Privacy Policy

15.1 The Seller processes personal data of the Customer for a specific purpose and in accordance with the legal provisions.

15.2 The personal details provided for the purpose of ordering merchandise (e.g. name, e-mail address, mailing address, payment details) are used by the Seller to fulfill and process the contract. These data are treated confidentially and not forwarded to any third parties not involved in the order, shipping and payment procedure.

15.3 The Customer has the right, upon request, to obtain free of charge the personal data that the Seller has stored about him/her. In addition, he/she has the right to have erroneous data corrected, personal data blocked and erased, to the extent that this does not contradict any legal obligation to retain data.

15.4 For additional information about the nature, scope, place and purpose of the collection, processing and use of required personal details by the Seller, please refer to the Privacy Policy.

16. Place of Jurisdiction, Applicable Law, Contract Language

16.1 The place of jurisdiction and fulfillment is the Seller’s official address, if the buyer is a merchant, legal entity under public law or a special fund under public law.

16.2 The law of the Federal Republic of Germany shall apply. This does not apply if it contradicts mandatory consumer protection regulations of such an implementation.

16.3 The contractual language shall be German.

Do not hesitate to contact us if you have
any questions info@roxxlyn.com

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