General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts you conclude with us as the provider (Rumarkt GbR) via the website https://ofmarkt.de conclude. Unless otherwise agreed, the inclusion of any own terms you may use is hereby objected to.
(2) Consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a legally capable partnership who acts when concluding a legal transaction in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) Already by listing the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the product description.
(3) The contract is concluded via 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 via the corresponding button in the navigation bar and make changes there.
After calling up the "checkout" page and entering personal data as well as payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as the payment method, you will either be directed to the order overview page in our online shop or initially redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the corresponding 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 information again here, change it (also via the "back" function of the internet browser), or cancel the purchase.
By submitting the order via the "order with obligation to pay" button, you legally declare acceptance of the offer, thereby concluding the contract.
(4) Your inquiries for the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g., by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automated. Therefore, you must ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured, and in particular, that it is not prevented by spam filters.
§ 3 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies additionally:
a) We retain ownership of the goods until all claims from the ongoing business relationship have been fully settled. Pledging or transferring ownership of the reserved goods is not permitted before the transfer of ownership.
b) You may resell the goods in the ordinary course of business. In this case, you already assign all claims arising from the resale in the amount of the invoice amount to us; we accept the assignment. You are further authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 4 Warranty
(1) The statutory defect liability rights apply.
(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following deviates from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description are considered agreed as the condition of the item, but not other advertising, public promotions, and statements by the manufacturer.
b) In case of defects, we shall, at our discretion, provide warranty by rectification or subsequent delivery. If the defect remedy fails, you may demand a reduction or withdraw from the contract at your choice. The defect remedy is considered failed after an unsuccessful second attempt, unless otherwise arises particularly from the nature of the item or defect or other circumstances. In the case of rectification, we are not obliged to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
– for damages culpably caused by us attributable to injury to life, body, or health and for other damages caused intentionally or by gross negligence;
– insofar as we have fraudulently concealed the defect or have given a guarantee for the condition of the item;
– for items that have been used for a building according to their usual use and have caused its defectiveness;
– in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 5 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).
(2) The provisions of the UN Sales Law do not apply explicitly.
§ 6 Youth Protection
(1) When selling goods subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Existing age restrictions are indicated in the respective product description.
(2) By submitting your order, you assure that you have reached the legally prescribed minimum age and that your information regarding your name and address is correct. You are obliged to ensure that only you yourself or persons authorized by you to receive the delivery, who have reached the legally prescribed minimum age, receive the goods.
(3) Insofar as we are obliged by law to carry out an age check, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age and, in case of doubt, to show the ID card of the person receiving the goods for age verification.
(4) Insofar as we indicate in the respective product description that you must have reached the age of 18 to purchase the goods, beyond the legally prescribed minimum age, the above paragraphs 1-3 apply with the proviso that instead of the legally prescribed minimum age, majority must be present.
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II. Customer information
1. Identity of the seller
Rumarkt GbR
Ferdinand-Porsche-Str.19
51149 Cologne
Germany
Telefon: 022031831628
Email: info@ofmarkt.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr .
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Language of the contract, 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 receive 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 outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g., by email, which you can print or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices listed 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 shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, will be separately indicated during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.
5.3. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, payment claims from the concluded contract are due immediately.
6. Delivery Conditions
6.1. The delivery conditions, 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 regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes 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 carrier or another person designated to carry out the shipment who was not named by the entrepreneur.
If you are an entrepreneur, the delivery and dispatch are at your own risk.
7. Statutory Warranty Law
Liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions (Part I).
These terms and customer information were created by the lawyers specialized in IT law of the Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information about this at: https://www.haendlerbund.de/agb-service .
last update: 04.04.2019
In connection with the sale of batteries or the delivery of devices containing batteries, we are obliged to inform you of the following:
As an end user, you are legally obliged to return used batteries. You can return used batteries that we carry or have carried as new batteries in our range free of charge to our shipping warehouse (shipping address). The symbols shown on the batteries have the following meanings:
The symbol of the crossed-out trash bin means that the battery must not be disposed of with household waste.
Pb = Battery contains more than 0.004 percent by mass of lead
Cd = Battery contains more than 0.002 percent by mass of cadmium
Hg = Battery contains more than 0.0005 percent by mass of mercury.
Withdrawal instructions
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day
- on the day you or a third party named by you, who is not the carrier, have taken possession of the goods, provided you ordered one or more goods as part of a single order and these are delivered together;
- on the day you or a third party named by you, who is not the carrier, takes possession of the last goods, if you ordered multiple goods in a single order and they are delivered separately;
- on the day you or a third party named by you, who is not the carrier, takes possession of the last partial shipment or the last item, if you ordered goods delivered in multiple partial shipments or pieces;
To exercise your right of withdrawal, you must inform us (Rumarkt GbR, Ferdinand-Porsche-Str. 19, 51149 Cologne, phone: 022031831628, email: info@ofmarkt.de) of your decision to withdraw from this contract by a clear statement (e.g., a letter sent by post or email). You may use the attached sample withdrawal form, but it is not mandatory.
To meet the revocation deadline, it is sufficient that you send the notification of exercising the right of revocation before the revocation period expires.
Consequences of withdrawal
If you withdraw from this contract, we will refund you all payments received from you, including delivery costs (except for the additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day we receive the notification of your withdrawal. We will use the same payment method you used for the original transaction unless expressly agreed otherwise; in no case will you be charged fees for this refund.
We can refuse the refund until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us without delay and in any case no later than seven days from the day on which you inform us of the withdrawal of this contract. The deadline is met if you send the goods before the expiry of the seven-day period.
You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to handling the goods beyond what is necessary to check their condition, properties, and functioning.
Exclusion or expiration reasons
The right of withdrawal does not exist in 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;
- for the delivery of goods that can spoil quickly or whose expiration date would be exceeded quickly;
- for the delivery of newspapers, magazines, or illustrated publications, except for subscription contracts.
The right of withdrawal expires prematurely in contracts
- for the delivery of sealed goods that are not suitable for return for health protection or hygiene reasons, if their seal has been removed after delivery;
- for the delivery of goods, if they have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
Sample withdrawal form:
(If you wish to revoke the contract, please fill out this form and send it back.)
To: Rumarkt GbR Ferdinand-Porsche-Str.19 51149 Cologne info@ofmarkt.de
Hereby I/we (*) 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 the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for communication on paper)
Date
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(*) Please delete as appropriate.
