1. GENERAL PROVISIONS, CONCLUSION OF CONTRACT, FRAMEWORK AGREEMENTS
1.1 Our general terms and conditions (hereinafter referred to as "GTC") apply to all our current and future deliveries and services to our commercial customers (entrepreneurs, legal entities under public law) who purchase our goods for commercial use.
1.2 Deliveries are made exclusively on the basis of these GTC. Deviating conditions of the buyer are not recognized unless we expressly agree to them in writing.
1.3 By placing the order, or at the latest by accepting the goods, the buyer acknowledges the exclusive validity of these terms.
2. OFFER AND QUALITY OF GOODS
2.1 The order is a binding offer from the buyer. We can accept this within four (4) weeks by sending an order confirmation or by dispatching the goods.
2.2 Information regarding our goods (e.g., material composition such as PP fiberglass, weight, or dimensions) are merely descriptions of quality unless expressly designated as guarantees. Minor deviations in color, fabric, or surface that are customary in trade do not constitute defects.
3. DELIVERY AND SERVICE TIME (INTERNATIONAL WAREHOUSE)
3.1 Delivery dates or deadlines are only binding if they have been expressly designated by us in writing as binding.
3.2 We distinguish between different shipping methods:
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Standard Shipping: Usually from the European warehouse (approx. 2-7 business days).
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Economy Shipping (International): From the international warehouse (approx. 12-14 days).
3.3 Events of force majeure, strikes, or pandemics extend delivery periods by the duration of the disruption. If these events last longer than three (3) months, both parties are entitled to withdraw from the contract.
4. PRICES AND PAYMENT TERMS
4.1 Payments shall be made in advance, net without deduction, unless otherwise agreed in writing.
4.2 All prices are ex-warehouse, plus the currently applicable statutory value-added tax, as well as transport and handling costs.
4.3 If the buyer is in default of payment, we are entitled to charge default interest at a rate of 9% above the basic interest rate of the European Central Bank.
5. NOTIFICATION OF DEFECTS AND WARRANTY
5.1 Claims for defects require that the buyer has duly fulfilled his obligations to examine and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). Obvious defects must be reported in writing within five (5) working days of receipt of the goods at the latest.
5.2 The warranty period is twenty-four (24) months from the date of delivery.
5.3 In the event of a justified defect, we shall, at our discretion, provide subsequent performance by remedying the defect or by delivering a replacement.
5.4 Warranty claims are excluded if our instructions for assembly (e.g., torques, adjustment), care, or improper use and natural wear and tear are not observed.
6. RETURNS
6.1 Returns will not be accepted unless the buyer has previously received a return authorization in text form and the goods are in their original packaging and in perfect condition.
6.2 We reserve the right to charge a restocking fee.
7. RETENTION OF TITLE
7.1 We retain title to the delivered goods until full payment.
7.2 The buyer is entitled to resell the reserved goods in the ordinary course of business, but hereby assigns to us all claims arising from the resale in the amount of the outstanding purchase price as security.
8. INTELLECTUAL PROPERTY AND RIGHTS OF USE
8.1 The buyer expressly acknowledges our exclusive industrial property rights (trademarks ROCKBROS, designs, patents).
8.2 The use of our images and texts (e.g., campaigns like "Presence the best present") is permitted only for the duration of the business relationship and exclusively for marketing purposes in the context of resale.
9. FINAL PROVISIONS, APPLICABLE LAW, AND JURISDICTION
9.1 The law of the Federal Republic of Germany shall apply exclusively. The application of the UN Sales Convention (CISG) is excluded.
9.2 The place of performance and exclusive jurisdiction for all disputes is the registered office of Rockbros Sport GmbH (District Court Frankfurt (Oder)).
