General Terms and Conditions (GTC)

General Terms and Conditions and Consumer Information for purchase contracts concluded via the web shop between ROWEKO Kunststoffverarbeitung GmbH – hereinafter “Supplier” – and the customer – hereinafter “Customer”.

§ 1 Scope and General Information

(1) Subject to individual agreements that take precedence over these T&Cs, the following General Terms and Conditions in the version valid at the time of the order apply exclusively to the business relationship between the Supplier and the Customer. Conflicting terms and conditions of the Customer shall expressly not apply unless the Supplier expressly agrees to their validity in writing.

(2) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to their commercial or self-employed professional activity. Conversely, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in exercise of their commercial or self-employed professional activity.

§ 2 Conclusion of Contract

(1) All offers on ROWEKO’s website merely constitute a non-binding invitation to the Customer to submit a corresponding purchase offer to the Supplier. After receiving the order, the Supplier will promptly review it and inform the Customer within two working days whether the order is accepted (order confirmation). No contract is concluded if the Customer does not receive an order confirmation within two working days. The ordering process on the Supplier’s website is as follows:

(2) Via the “Order online now” button the Customer reaches the selection of robot-mower garages and chooses the desired colour. The “Pay now with PayPal” button opens a summary where the desired quantity can be entered. Pressing “Continue” proceeds with the order; pressing “Cancel” aborts it. If “Continue” is selected, the next window shows the total price and access to PayPal. It is still possible to return to the homepage from here. After accessing PayPal, billing and shipping addresses are transmitted to ROWEKO. By completing payment, the Customer submits a binding offer to purchase the selected robot-mower garage. The contract is concluded by the Supplier sending an order confirmation within two working days to the provided e-mail address.

§ 3 Subject Matter, Characteristics, Delivery, Availability

(1) The contractual items are the goods specified by the Customer during the order and stated in the order confirmation, at the final prices listed in the web shop. Errors and mistakes regarding availability are reserved.

(2) The characteristics of the ordered goods result from the product descriptions in the web shop. Images on the website may depict the products only approximately; colours may vary significantly for technical reasons. Images are for illustration only and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible but may show the usual deviations. Such deviations do not constitute defects of the products supplied by the Supplier.

(3) If no copies of the product selected by the Customer are available at the time of the order, the Supplier will inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Supplier will refrain from issuing an acceptance. In this case no contract is concluded.

(4) If the product designated by the Customer in the order is only temporarily unavailable, the Supplier will also inform the Customer of this without delay in the order confirmation. In the event of a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. Otherwise, the Supplier is likewise entitled to withdraw; any payments already made will be refunded without delay.

§ 4 Retention of Title

The delivered goods remain the property of the Supplier until payment is made in full.

§ 5 Delivery, Prices, Shipping Costs

(1) Delivery (handover to the shipping company) takes place immediately after receipt of payment (for advance payment), otherwise according to the delivery time stated in the order confirmation.

(2) All prices indicated on the Supplier’s website include the statutory value-added tax applicable at the time.

(3) No packaging or shipping costs are charged within Germany (except islands). Shipping is via DHL bulky goods only. Shipping to German islands, Austria and Switzerland incurs a surcharge of €25.00 per item incl. VAT. These additional costs are invoiced before dispatch. Please enquire for other countries.

§ 6 Payment, Offsetting, Right of Retention

(1) The Customer can pay via PayPal or advance bank transfer.

(2) The purchase price is due immediately upon conclusion of the contract. If a payment deadline specified by calendar is missed, the Customer is in default without further reminder. In this case the Customer must pay default interest of five percentage points above the base rate.

(3) The obligation of the Customer to pay default interest does not exclude the assertion of further default damages by the Supplier.

(4) The Customer may offset only with counterclaims that have been legally established, are undisputed or have been acknowledged in writing by the Supplier. A right of retention may be exercised only if the claims arise from the same contractual relationship.

§ 7 Warranty for Defects, Guarantee

(1) The Supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.

(2) A guarantee applies to the goods supplied by the Supplier for 24 months from the invoice date.

§ 8 Liability

(1) Claims of the Customer for damages are excluded.

§ 9 Consumer’s Right of Withdrawal

(1) If the Customer is a consumer and has concluded a contract with the Supplier exclusively by means of distance communication, in particular by telephone, e-mail or fax, or via the Supplier’s website, the following right of withdrawal applies.

(2) The Customer bears the cost of returning goods if the delivered goods correspond to the order.

No right of withdrawal exists in exceptional cases

• if the Customer purchased the products from the Supplier for purposes relating to their commercial or self-employed professional activity (the Customer is not a consumer in this case),
• for products that are manufactured according to the Customer’s specifications or clearly tailored to personal needs (custom-made items),
• if the protective film has been removed from the surface of the robot-mower garage.

– Right-of-Withdrawal Instructions –

You may revoke your contractual declaration within 14 days without stating reasons in text form (e.g. letter, fax, e-mail) or – if the item is delivered to you before the deadline – by returning the item. The period begins after receipt of this information in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods not before receipt of the first partial delivery) and also not before we have fulfilled our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paras. 1 and 2 EGBGB as well as our obligations pursuant to § 312g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the withdrawal period, it is sufficient to send the withdrawal or the item in time.

Consequences of Withdrawal

In the event of an effective withdrawal, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the received service to us in whole or in part, or only in a deteriorated condition, you must compensate us for the loss in value. You are only obliged to pay compensation for any deterioration of the item and for benefits derived if the deterioration or benefits are due to handling the item that goes beyond testing its properties and functionality. “Testing properties and functionality” means testing and trying out the respective goods as is possible and customary in a retail store. Goods that can be sent by parcel post must be returned at our risk. You bear the regular costs of return shipping. Obligations to refund payments must be fulfilled within 30 days. This period begins for you with the dispatch of your notice of withdrawal or the item, and for us upon receipt.

- End of withdrawal instructions -

§ 10 Information on Data Processing

(1) The Supplier collects data from the Customer in the course of processing contracts and observes the statutory provisions in doing so. Without the Customer’s consent, the Supplier will collect, process or use the Customer’s inventory and usage data only to the extent necessary for processing the contractual relationship and for utilising and billing teleservices.

(2) Without the Customer’s consent, the Supplier will not use the Customer’s data for advertising, market or opinion-research purposes.

(3) For details on consents given by the Customer and further information on data collection, processing and use, please refer to the Privacy Policy, available at any time on the Supplier’s website via the “Privacy” button.

§ 11 Final Provisions

(1) Contracts between the Supplier and the Customer are governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Supplier is the Supplier’s registered office.

(3) The contract shall remain binding in all other respects even if individual provisions are legally ineffective.