insured shipping with
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Engineered & Designed by Rocker Parts
insured shipping with
30-day money-back guarantee
Engineered & Designed by Rocker Parts
Table of contents
1) Scope
1.1 The following General Terms and Conditions (GTC) govern the contractual relationship between Rocker Parts GmbH (hereinafter referred to as "Seller") and consumers and businesses who use the website and other services offered by Rocker Parts GmbH (hereinafter referred to as "Customer"). These GTC apply to the use of the website www.rocker-parts.de and all subdomains belonging to this domain, as well as sales platforms such as eBay, Google, or Amazon. The version valid at the time of conclusion of the contract shall apply. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed. The contract language is German.
1.2 These terms and conditions apply accordingly to contracts for the delivery of promotional vouchers, unless otherwise stipulated.
1.3 For the purposes of these terms and conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.4 For the purposes of these terms and conditions, an entrepreneur is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve as an invitation to the customer to submit a binding offer.
2.2 The customer can submit their offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods in the shopping cart by clicking the button that finalizes the order. The customer can also submit the offer to the seller by telephone, fax, or email.
2.3 The seller can accept the customer's offer within five days.,
If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. 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.
2.4 When selecting a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller already declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.
2.5 When an offer is submitted via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been placed. The seller does not make the contract text available in any other way. If the customer has created a user account in the seller's online shop before placing their order, the order data is archived on the seller's website. This data can be accessed free of charge by the customer via their password-protected user account using the corresponding login details.
2.6 Before submitting a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. A useful technical aid for better error detection is the browser's zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the order.
2.7 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.
3) Tool rental
3.1 Subject of the contract
3.1.1 The rental agreement covers the temporary provision of tools to the renter for use.
3.1.2 The tool remains the property of the landlord at all times.
3.2 Rental period and return
3.2.1 The rental period begins on the date of handover of the tool (by shipping service provider) and ends on the agreed return date.
3.2.2 The tool must be returned to the lessor on the last day of the rental period.
3.2.3 In case of late return of the tool, a daily rental price of €10 including VAT will be charged for each commenced day of the rental period.
3.3 Rental price
3.3.1 The rental price is based on the current price list and is calculated in advance for the agreed rental period.
3.4 Tenant's obligations
3.4.1 The tenant undertakes to use the tool only as intended and carefully.
3.4.2 The renter is obliged to take all necessary precautions to avoid damage to or loss of the tool.
3.4.3 The tenant must immediately report any damage or malfunctions to the landlord.
3.5 Liability and insurance
3.5.1 The renter is liable for all damage, loss or theft of the tool during the rental period.
3.5.2 The lessor is not liable for damage caused by improper use of the tool.
3.5.3 The renter undertakes to adequately insure the tool against loss or damage if necessary.
3.6 Defects and repairs
3.6.1 The renter must inspect the tool upon handover and report any obvious defects immediately. Hidden defects must be reported immediately upon discovery.
3.6.2 Repairs to the tool may only be carried out by the lessor or by authorized specialist companies.
3.6.3 In the event of a defect not caused by the tenant, the tenant will, at the landlord's discretion, either be provided with a replacement tool or be reimbursed the rental fee for the period concerned.
3.7 Return and condition of the tool
3.7.1 The tool must be returned in a clean and undamaged condition.
3.7.2 Normal wear and tear from intended use is permitted.
3.7.3 The lessor will inspect the tool for damage upon return and reserves the right to charge for repair costs in the event of damage caused by the lessee.
3.8 Termination of the lease agreement
3.8.1 The lease agreement can be terminated by either party with a notice period of 2 days in writing.
3.8.2 The landlord is entitled to terminate the lease agreement without notice if the tenant violates the terms of this agreement.
3.9 Data protection
3.9.1 For the purpose of processing the rental agreement, the landlord collects personal data from the tenant. This data is used exclusively for processing the rental agreement and is processed in accordance with applicable data protection regulations.
3.9.2 Further information on the handling of personal data can be found in the landlord's privacy policy.
4) Right of withdrawal
4.1 Consumers generally have a right of withdrawal.
4.2 Further information regarding the right of withdrawal can be found in the seller's cancellation policy.
5) Prices and payment terms
5.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including VAT. Any additional delivery and shipping costs will be listed separately in the respective product description.
5.2 VAT notice pursuant to Section 3c of the German VAT Act (country of origin principle): For deliveries to private customers within the European Union, we apply the VAT of the country of origin (Germany) in accordance with Section 3c of the German VAT Act. Our prices therefore include German VAT, regardless of the customer's country of delivery. If the total value of our EU-wide deliveries to private customers exceeds the delivery threshold of €10,000 net per year, taxation will henceforth be based on the VAT rate of the respective country of destination (OSS procedure).
5.3 The payment option(s) will be communicated to the customer in the seller's online shop.
5.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
6) Delivery and shipping conditions
6.1 If the seller offers shipping, delivery will be made within the seller's specified delivery area to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing system is decisive for the processing of the transaction.
6.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the initial shipping costs if the customer effectively exercises their right of withdrawal. Regarding return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.
6.3 If the customer is acting as a business, the risk of accidental loss or damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or damage to the goods sold generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the above, even in the case of consumers, the risk of accidental loss or damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that the customer has commissioned the carrier, freight forwarder, or other person or entity to carry out the shipment and the seller has not previously informed the customer of this person or entity.
6.4 In the event of incorrect or improper delivery to the seller by its own suppliers, the seller reserves the right to withdraw from the contract. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.
6.5 The customer can collect the ordered goods within the business hours specified by the seller at the address provided by the seller, if the seller offers the goods for collection. In this case, no shipping costs will be charged.
6.6 Vouchers will be provided to the customer as follows:
- by email
6.7 Service provider: Order processing for the JTL-eazyAuction product is handled by the service provider “JTL-Software” (JTL-Software-GmbH, Rheinstr. 7, 41836 Hückelhoven). Your name, address, and any other personal data will be transferred to JTL-Software in accordance with Article 6 Paragraph 1 Letter b of the GDPR solely for the purpose of processing your online order. Your data will only be transferred to the extent that this is actually necessary for processing the order and thus fulfilling the contractual obligations. Details regarding data protection at JTL-Software and the JTL-Software-GmbH privacy policy can be viewed at the following link: https://www.jtl-software.de/datenschutz.
7) Retention of title
7.1 The seller retains ownership of the delivered goods vis-à-vis consumers until full payment of the purchase price owed.
7.2 The seller retains ownership of the delivered goods vis-à-vis companies until all claims arising from an ongoing business relationship have been fully settled.
7.3 If the customer is acting as a business, they are entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to the seller in advance all claims against third parties arising from such resale, up to the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the goods subject to retention of title have been resold before or after processing. The customer remains authorized to collect the receivables even after the assignment. The seller's right to collect the receivables directly remains unaffected. However, as long as the customer fulfills their payment obligations to the seller, is not in default of payment, and no application for the commencement of insolvency proceedings has been filed, the seller will not collect the receivables.
8) Liability for defects (warranty)
The provisions of statutory warranty law apply unless otherwise stipulated in the following regulations. The following applies in deviation from this:
8.1 If the customer is acting as an entrepreneur,
8.2 The aforementioned limitations of liability and reductions of time limits do not apply.
8.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
8.4 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved.
8.5 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery person and to inform the seller. Failure to do so will not affect their statutory or contractual warranty rights.
9) Liability
The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
9.1 The seller is fully liable for any legal reason.
9.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damages typical for this type of contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are those obligations that the contract imposes on the seller to achieve its purpose, the fulfillment of which is essential for the proper performance of the contract, and on whose compliance the customer may regularly rely.
9.3 Furthermore, the seller's liability is excluded.
9.4 The above liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.
10) Redemption of promotional vouchers
10.1 Vouchers issued free of charge by the seller as part of promotional campaigns and discount promotions with a specific validity period and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers"), can only be redeemed in the seller's online shop and only within the specified period.
10.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is stated in the content of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
10.4 Multiple promotional vouchers can be redeemed in one order.
10.5 The value of the goods must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the seller.
10.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
10.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
10.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is prohibited. The seller is entitled, but not obligated, to verify the voucher holder's eligibility.
11) Applicable Law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
12) Place of jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law, and has its registered office within the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activities. In the aforementioned cases, however, the seller shall in any event be entitled to bring an action before the court at the customer's registered office.
13) Alternative Dispute Resolution
13.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
13.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Please enter the order number and the email address from the order. You can then choose whether you want to cancel the entire order or only individual items.
