Terms of service

 

Terms Of Service

General Terms and Customer Information

General Terms and Conditions

1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Roohtic US) via the website www.traumwolke.shop. Unless otherwise agreed, the inclusion of any conditions you may have used is objected to.

 

(2) Consumers within the meaning of the following regulations are any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

 

2 Formation of the contract

 

(1) The subject matter of the contract is the sale of goods.

 

(2) By listing the respective product on our website, we make a binding offer to conclude a contract under the conditions specified in the item description.

 

(3) The contract is concluded through the online shopping cart system as follows:

The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" at any time by clicking on the corresponding button in the navigation bar and make changes there.

After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data is displayed again on the order overview page.

If you choose a payment method offered by an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort), you will either be directed to the order overview page in our online shop or you will be initially redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.

Before submitting the order, you have the opportunity to review all the information again, change it (also using the "back" function of the internet browser), or cancel the purchase.

By clicking the "buy" button, you submit a legally binding acceptance of the offer, thereby concluding the contract.

 

(4) Your requests to create an offer are non-binding for you. We will submit a binding offer to you in written form (e.g. via email), which you can accept within 5 days.

 

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. Therefore, you must ensure that the email address you have provided to us is accurate, that you can receive emails, and, in particular, that it is not prevented by SPAM filters.

 

3 Right of Retention, Reservation of Title

 

(1) You can only exercise a right of retention to the extent that it relates to claims arising from the same contractual relationship.

 

(2) The goods remain our property until the full payment of the purchase price.

 

(3) If you are an entrepreneur, the following additional provisions apply:

 

a) We reserve ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

 

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice value, and we accept the assignment. You are further authorized to collect the assigned claims. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claims ourselves.

 

c) In the event of the goods being combined or mixed with other items, we shall acquire co-ownership of the new item in proportion to the invoice value of the reserved goods in relation to the other processed items at the time of processing.

 

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

 

4 Warranty

 

(1) The statutory warranty rights apply.

 

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to comply with this does not affect your statutory warranty claims.

 

(3) If you are an entrepreneur, the following deviations from the above warranty provisions apply:

 

a) Only our own statements and the manufacturer's product description are deemed agreed as the quality of the goods, not other advertisements, public praise, or statements made by the manufacturer.

 

b) In the case of defects, we provide warranty by either rectifying the defect or delivering a replacement, at our discretion. If the rectification of the defect fails, you may choose to demand a reduction in price or withdraw from the contract. The rectification of the defect shall be deemed to have failed after an unsuccessful second attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the case of rectification, we are not required to bear the increased costs resulting from the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

 

c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:

 

to damages attributable to us that have been caused intentionally or through gross negligence, including damages resulting from injury to life, body, or health;

if we fraudulently concealed the defect or assumed a guarantee for the quality of the goods;

to goods that have been used in accordance with their normal use for a building and have caused its defectiveness;

to legal recourse claims that you have against us in connection with warranty rights.

 

5 Choice of Law

 

(1) German law shall apply. For consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the country of their habitual residence (principle of favorability).

 

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply explicitly.

 

Customer Information

 

Seller's Identity

Roothic
Address: Lovely AF Ecommerce LLC
30 N Gould St Ste R
Sheridan, WY 82801
Wyoming, USA

Email:

support@roothic.com

 

Alternative Dispute Resolution:

The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/odr.

 

Information on the Conclusion of the Contract

 

The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions on the "Conclusion of the Contract" in our General Terms and Conditions (Part I).

 

Contract Language, Storage of the Contract Text

 

3.1. The contract language is German.

 

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser's print function. After we have received the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

 

3.3. For inquiries made outside the online shopping cart system, you will receive all contract data as part of a binding offer in written form, e.g., by email, which you can print or electronically save.

 

Essential Characteristics of the Goods or Services

 

The essential characteristics of the goods and/or services can be found in the respective offer.

 

Prices and Payment Terms

 

5.1. The prices stated in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.

 

5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free delivery has been promised.

 

5.3. If the delivery is made to countries outside the European Union, additional costs may be incurred that are not attributable to us, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees), which are to be borne by you.

 

5.4. You are responsible for any costs of money transfer (bank transfer or exchange rate fees) incurred in cases where the delivery is made to an EU member state but the payment is initiated outside the European Union.

 

5.5. The available payment methods are indicated by a correspondingly labeled button on our website or in the respective offer.

 

5.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for immediate payment.

 

Delivery Conditions

 

6.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

 

6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss or deterioration of the sold item during shipment will only pass to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company or person not designated by the entrepreneur to carry out the shipment.

 

If you are a business owner, the delivery and shipment are made at your own risk.

 

Legal Warranty Rights

 

The warranty is governed by the provisions set forth in the "Warranty" section of our General Terms and Conditions (Part I).

 

These terms and conditions and customer information have been prepared by the legal experts specializing in IT law at Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and assumes liability in the event of any legal warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.