Conditions
Conditions
I Information on distance selling and the conclusion of contracts in electronic commerce
§1 Contractual partner
The following contractual conditions apply to all contracts concluded via the online shop at the URL https://www.root-atelier.com
No returns to this address
Eiswerderstr. 20a
D-13585 Berlin
Email hi [at] root-atelier.com
Registered at the Berlin Charlottenburg District Court, HRB 236801 B VAT ID no. DE 351054641
Managing Director: Eugen Lods
and the customer.
Customers within the meaning of these General Terms and Conditions are both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The relationships between the contracting parties are governed by the law applicable in the Federal Republic of Germany. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
§2 Conclusion of the contract in electronic commerce
The products and services listed within the online shop do not represent offers that are binding on Eugen Lods GmbH. Rather, they are an invitation to the customer to make a binding offer by placing an order.
As soon as we have received your order, you will receive an email confirming that we have received your order and containing its details. We will then check the availability of the items you ordered. If one or more items are not available, we will not accept your offer and you will receive a corresponding notification by email. Eugen Lods GmbH is entitled to accept the customer's contract offer within 3 (three) working days after receipt of the order. The contract with the customer is only concluded with the express acceptance of the order by Eugen Lods GmbH. Eugen Lods GmbH does not assume any procurement risk and reserves the right to release itself from the obligation to fulfill the contract in the event of incorrect or improper delivery by suppliers. The responsibility of Eugen Lods GmbH for intent or negligence in accordance with the liability regulations in accordance with Section II 9 of these General Terms and Conditions remains unaffected. In the event of non-availability or only partial availability of the service, Eugen Lods GmbH will inform the customer immediately; In the event of withdrawal, the consideration will be refunded to the customer immediately.
For technical reasons, we are unfortunately unable to accept orders by telephone, fax, letter or email. We only accept orders placed via our online shop.
§3 Information about your right of withdrawal
For distance selling contracts, consumers have a right of withdrawal in accordance with Section 355 of the German Civil Code (BGB). As a consumer, you therefore have the right to revoke your contractual declaration in accordance with the following cancellation policy:
Right of cancellation
You have the right to cancel this contract within 14 days without giving reasons.
The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must contact us (Eugen Lods GmbH, Eiswerderstr. 20a, 13585 Berlin; email hi [at] root-atelier.com; by means of a clear statement (e.g. a letter sent by post, fax or e-mail). Email) about your decision to revoke this contract. You can use the attached sample cancellation form, although this is not mandatory.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the deadline of 14 days has expired. You bear the direct costs of returning the goods. If the goods cannot be returned by normal post due to their nature, the costs are estimated at a maximum of around 10.00 euros.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
Non-existence or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Appendix: Sample cancellation form
according to Appendix 2 to Art. 246a § 1 Para. 2 Sentence 1 No. 1 and § 2 Para. 2 No. 2 EGBGB
(If you want to cancel the contract, please fill out this form and send it back.)
Eugen Lods GmbH
Eiswerderstr. 20a
13585 Berlin
Email: hi [at] root-atelier.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s):
- Address of the consumer(s):
- Date:
- Signature of the consumer(s):
(only for notification on paper)
(*) Delete what is not applicable
To make the cancellation process easy, please feel free to contact our support team:
A prior agreement on the return via the email address specified in the cancellation policy makes it easier for Eugen Lods GmbH to allocate the shipment. Eugen Lods GmbH also points out that prior coordination is not a prerequisite for the exercise of the right of withdrawal.
§4 Voluntary right of return
We do not offer an extended voluntary right of return beyond the 14-day statutory right of withdrawal.
II General Terms and Conditions (GTC) of Eugen Lods GmbH (as of: May 2022)
The following conditions apply to all orders placed via the website www.root-atelier.com. The general terms and conditions valid at the time of the order apply.
§1 Prices; Shipping and handling costs
Our prices include the statutory VAT applicable at the time of the order. In the case of cross-border delivery, additional taxes (e.g. in the case of an intra-community purchase) and/or duties (e.g. customs duties) may be payable by the customer in individual cases. Buyer pays for shipping. Eugen Lods GmbH covers shipping costs from a value of goods of €150.00 for deliveries within Germany and from a value of goods of €250.00 for the majority of deliveries within Europe. The applicable delivery countries are listed under “Delivery & Shipping Costs”. The prices you see for the items in your shopping cart are the same as those on the current product information page on the website. We will charge the price that was listed on the website at the time you placed your order. Orders are placed at the current daily price. Please note that we are not bound by an incorrect price. Your order has not yet concluded a purchase contract.
§2 Availability
Products that are not available are not displayed in the online shop or are marked “SOLD OUT”. If you have ordered a product that is no longer available due to an error, you will be informed by email immediately after the error is discovered.
§3 Payment
Eugen Lods GmbH accepts the payment methods listed on the respective offer website and provided for selection by the customer. The customer chooses his preferred payment method from the available payment methods.
Eugen Lods GmbH reserves the right to exclude certain payment methods in individual cases. Payment by sending cash or check is not possible. Eugen Lods GmbH excludes liability in the event of loss. Bank transfers from abroad may incur bank fees which must be borne by the customer.
Payment for the order must be made within 14 days of receipt of the order confirmation. Eugen Lods GmbH reserves the right to cancel the reservation of the ordered items after setting a further written deadline of 14 days for orders without registered receipt of payment.
§4 Delivery conditions
The items purchased by the customer will be shipped in accordance with the delivery times stated on the product pages after the payment method has been confirmed or receipt of payment has been registered.
Delivery is made to the delivery address specified by the customer. You will be informed about shipping by email. Shipping is currently carried out via DHL.
The risk of accidental loss of the ordered goods passes to the customer as soon as the goods are handed over to him (§ 446 sentence 1 BGB) or if he is in default of acceptance (§ 300 para. 2 BGB).
§5 Acceptance of the goods
We use DHL to ship your order. If a delivery of goods arrives damaged, we would like to ask you to do the following: If possible, report the damaged goods immediately to the shipping service provider's employee and document the degree and extent of the damage. Otherwise, it is almost impossible to settle the damage if the contents of the package are damaged. You can refuse to accept damaged goods.
Any rights and claims of the customer - especially the buyer's legal rights in the event of defects in the (purchased) item - remain unaffected by the above regulations. These therefore do not include any exclusion period for the customer's rights in accordance with Section II 8 of these General Terms and Conditions.
§6 Retention of title
We reserve ownership of all goods delivered by us until full payment has been made. In order to assert our retention of title, we are entitled to demand the immediate return of the reserved goods, excluding any right of retention, unless these are legally established or undisputed counterclaims.
§7 Force majeure
In the event that we are unable to provide the service owed due to force majeure (particularly natural disasters), we are released from the obligation to perform for the duration of the hindrance. If it is impossible for us to carry out the order or deliver the goods for longer than one month due to force majeure, you are entitled to withdraw from the contract.
§8 Warranty
When you purchase goods, you have statutory liability rights for the goods. As a customer, you therefore have the right to assert warranty rights in the event of defects in the item, subject to the following regulations.
We are not the manufacturer of the goods we supply. In the event of claims under the Product Liability Act, we will contact the manufacturer in your interest. Please report any complaints to us by sending an email to hi@root-atelier.com.
Eugen Lods GmbH's warranty is otherwise governed by the following paragraphs. Eugen Lods GmbH generally does not provide any guarantees of its own; The mere presentation of the items in the online shop is therefore fundamentally to be viewed as a pure service description.
There is no warranty for damage caused by improper handling or use of the goods by the customer. The same applies to a so-called intentional wear.
If the purchased item is defective, the customer is entitled to subsequent performance if and to the extent that the requirements of the statutory provisions regarding rights in the event of defects are met.
As part of the subsequent performance, consumers have the choice of whether the subsequent performance should take place either through repair or replacement delivery. However, Eugen Lods GmbH is entitled to refuse the chosen type of supplementary performance if this is only possible with disproportionate costs and the other type of supplementary performance does not result in significant disadvantages for the consumer.
Eugen Lods GmbH initially provides a guarantee to entrepreneurs for defects in the goods through repair or replacement delivery at its own discretion.
The limitation period for the rights of a consumer in the event of defects is 2 (two) years, for the rights of an entrepreneur 1 (one) year - in each case from delivery of the goods to the customer. The above relief from the limitation period does not apply if Eugen Lods GmbH is liable in accordance with Section II 9 of these terms and conditions or if it concerns the real right of a third party on the basis of which the return of the delivery item can be demanded.
The recourse claims of entrepreneurs specified in Sections 478 and 479 of the German Civil Code remain unaffected by the above sentences.
Obvious defects must be reported by entrepreneurs within a period of 2 (two) weeks from receipt of the goods using the contact details listed above; otherwise the assertion of the warranty claim is excluded. To meet the deadline, the dispatch of the notice of defects is sufficient.
The European Commission provides, in accordance with Regulation (EU) No. 524/2013, a European platform for the resolution of disputes between consumers residing in the European Union through an interactive website which can be accessed electronically in all the official languages of the institutions of the European Union available to entrepreneurs established in the European Union that arise from the online sale of goods or the online provision of services (so-called OS platform / URL: http://ec.europa.eu/consumers/odr/ ) . In order to file a complaint on this so-called OS platform, consumers must fill out an electronic complaint form. The specific information to be provided when lodging a complaint is set out in the Annex to Regulation (EU) No 524/2013.
§9 Liability
According to the legal provisions, Eugen Lods GmbH is fully liable for damages resulting from injury to life, body or health that are based on a negligent or intentional breach of duty as well as for other damages that are based on a grossly negligent or intentional breach of duty or fraud.
In addition, Eugen Lods GmbH is liable without restriction for damages that are covered by liability under mandatory legal regulations, such as the Product Liability Act, or if and to the extent that there is a guarantee for the quality of the item or that the item will last for a certain period of time Condition retained by Eugen Lods GmbH.
Eugen Lods GmbH is liable for damages caused by simple or slight negligence, insofar as this negligence concerns the violation of contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely (so-called cardinal obligations ). The liability of Eugen Lods GmbH is limited to foreseeable, contract-typical damage.
In the event of slightly negligent violations of contractual obligations that are not covered by the previous paragraph (so-called insignificant contractual obligations), Eugen Lods GmbH is liable to consumers - but this is limited to foreseeable, contract-typical damage.
Any further liability is excluded – regardless of the legal nature of the asserted claim.
§10 Contract language/storage of the contract text
The contract language is German.
The contract text is not stored by us and can no longer be accessed after the ordering process has been completed. However, you can print out your order details immediately after submitting the order.
§11 Final provisions
Place of performance and place of jurisdiction for business transactions with companies and legal entities at the registered office of Eugen Lods GmbH. The same applies if the customer as an entrepreneur does not have a general place of jurisdiction in Germany or if his place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this. The law of the Federal Republic of Germany applies to this contract, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.