General Terms and Conditions

§ 1 Scope of Application and Provider

(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products by Römhold Modular (hereinafter referred to as the Provider) to you, in the version valid at the time of the order.

(2) Deviating terms and conditions of the customer will be rejected.

(3) Please read these terms and conditions carefully before placing an order with Römhold Modular. By placing an order with Römhold Modular, you agree to the application of these Terms of Sale to your order.

(4) On Römhold Modular we offer you the sale of the following products:

Römhold Modular builds and sells electronic instruments, effects, etc. (Eurorack Synthesiser)

§ 2 Conclusion of the contract

(1) Contracts on this portal can only be concluded in German.

(2) The offers are aimed exclusively at end customers with a billing and delivery address in:

worldwide.

For individual bulky goods items, the possible delivery addresses and the place of delivery may be limited; the restriction is shown in the respective list price.

(3) The customer must be at least 18 years of age.

(4) The presentation of the goods in the online shop does not constitute a legally effective offer. By presenting the goods, the customer is only asked to make an offer.

(5) Your order represents an offer to Römhold Modular to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information required there and clicks on the button “order with obligation to pay” in the last step of the order.

(6) The purchase contract between the Provider and the Purchaser shall only be concluded by a declaration of acceptance by the Provider. This takes place on the earlier of the two dates, either by sending the goods or by sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.

(7) The validity of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires express confirmation on the part of the provider. This refers to both the number of products ordered as part of an order and the placing of multiple orders of the same product, where the individual orders comprise a normal household quantity.

(8) Your orders will be stored by us after conclusion of the contract. If you lose your order records, please contact us by email or phone. We will send you a copy of the order details.

(9) You agree to receive invoices electronically. Electronic invoices will be made available to you by email or in the customer account of the Website. We will inform you in the shipping confirmation for each delivery if an electronic invoice is available. For more information about electronic invoices, please visit our website.

§ 3 Prices and shipping costs

(1) Our prices include the applicable statutory value added tax and do not include a flat rate for shipping costs or a surcharge for shipping costs. The shipping surcharges vary depending on the type of delivery and the nature of the item.

(2) Despite our best efforts, a small number of the products in our catalog may be marked with the wrong price. We check the prices when we process your order and before we charge the payment. If a product is priced at an incorrect price and the correct price is higher than the price on the website, we will contact you before the goods are shipped to ask you whether you want to buy the product at the correct price or cancel the order. If the correct price of a product is lower than the price quoted by us, we will charge the lower amount and send the product to you.

(3) The prices at the time of the order apply. If list prices are available, the prices of the list price valid at the time of the order apply.

§ 4 Delivery and Cancellation

(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by Römhold Modular (e.g. on the respective product detail page). We would like to point out that all information on availability, shipping or delivery of a product is only approximate information and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.

(2) If Römhold Modular discovers during the processing of your order that products you have ordered are not available, you will be informed separately by e-mail or by message in your customer account. The legal claims of the customer remain unaffected.

(3) Insofar as delivery to the Purchaser is not possible because the delivered goods do not fit through the Purchaser’s entrance door, front door or staircase, or because the Purchaser is not found at the delivery address provided by the Purchaser, although the delivery date has been notified to the Purchaser with a reasonable period of time, the Purchaser shall bear the costs for the unsuccessful delivery.

(4) Delivery is made according to the customer’s method of payment. In the case of advance payment, delivery takes place after the payment order has been issued to the transferring bank. When paying by PayPal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery takes place after conclusion of the contract.

(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate contract of sale will be concluded between us for the products listed in the respective Dispatch Confirmation in respect of each Dispatch Confirmation. The contractual partner is Römhold Modular. Notwithstanding your right of withdrawal, you can cancel your order for a product at any time free of charge before sending the corresponding shipping confirmation.

§ 5 Inches

(1) If you order products from Römhold Modular for delivery outside the European Union, you may be subject to import duties and taxes that are levied once the package reaches the designated destination. Any additional fees for customs clearance must be borne by you; we have no control over these fees. Customs regulations vary greatly from country to country, so you should contact your local customs authority for more information.

(2) Furthermore, please note that when ordering from Römhold Modular, you will be considered an introducer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to draw the attention of our international customers to the fact that cross-border deliveries are subject to opening and investigation by customs authorities. For more information, please read our customs information.

§ 6 Payment

(1) The customer can pay for the goods by the following payment methods:

– PayPal

–Credit card

–Gift card

–Debit:

In the event of a return debit for which the customer is responsible, Römhold Modular will charge a lump-sum compensation of €4 (four euros). The customer can prove that damage has not occurred at all or is significantly lower than the lump sum. The above provisions apply accordingly to payments of the purchase price of goods sold by third-party suppliers.

– Sofortüberweisung

– On account

Payment on account is only possible for consumers aged 18 and over. The delivery address, the home address and the billing address must be the same and located in the following countries:

Payment on account is not possible for services that are transmitted online (e.g. software for download) or for the purchase of gift cards. The invoice amount is due upon receipt of the invoice. Römhold Modular reserves the right not to offer certain payment methods in individual cases.

In the case of payment on account, a one-time fee of 16 € (sixteen euros) including the applicable VAT per delivery will be charged, plus any shipping costs incurred for complete shipping. The customer will always be informed separately before the conclusion of the contract whether this fee will be charged.

If the invoice amount is not paid at the due date for reasons for which the customer is responsible, Römhold Modular will charge a lump-sum compensation in the amount of € 15 (fifteen euros). The customer can prove that damage has not occurred at all or is significantly lower than the lump sum.

In the case of payment on account as well as in other cases on justified grounds, Römhold Modular checks and evaluates the data provided by the customer.

–Advance payment

–Collect on delivery

The cash on delivery fee is €5. (five euros).

(2) Certain payment methods may be excluded by the provider in individual cases.

(3) The customer is not allowed to pay for the goods by sending cash or cheques.

(4) If the Purchaser chooses an online payment method, the Purchaser thereby authorises the Provider to collect the amounts due at the time of the order.

(5) If the Provider offers payment in advance and the Purchaser chooses this payment method, the Purchaser must transfer the invoice amount to the Provider’s account within five calendar days of receipt of the order. Accordingly, the provider reserves the goods for five calendar days.

(6) If the Provider offers payment by credit card and the Purchaser chooses this method of payment, the Supplier expressly authorises the Provider to collect the amounts due after dispatch of the partial deliveries or deliveries of goods.

(7) If the Provider offers payment by direct debit and the Purchaser chooses this payment method, the Purchaser shall issue a SEPA basic mandate to the Provider. If a payment transaction is reversed when paying by direct debit due to a lack of account funds or due to incorrectly transmitted bank details, the customer must bear the costs for this.

(8) If the Provider offers payment in advance and the Purchaser chooses this method of payment, the Purchaser undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of a discount.

(9) Should the Purchaser be in default with payment, the Provider reserves the right to assert the claim for damages caused by default.

§ 7 Offsetting and Right of Retention

(1) The Purchaser shall only be entitled to offset if the Purchaser’s counterclaim has been legally established or has not been disputed by the Provider.

(2) The Purchaser may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 8 Retention of Title

Römhold Modular retains ownership of the goods until full payment has been made.

§ 9 Transport damage

(1)Damage Inspection: Upon receipt of a product delivered by a carrier, we ask our customers to immediately inspect the goods for external damage. Visible damage should be reported to the delivery person immediately and documented.

(2)Reporting Damage in Transportation: Customers are required to report any damage found in transit to our customer service within a reasonable period of time, usually within [insert number of days, e.g. 48 hours] after receipt. The report should be made with appropriate photos and details of the damage.

(3)Refund or replacement: In the event of transport damage that has been proven and reported, we will endeavour to resolve it quickly. This may include a refund, replacement of the damaged product, or other reasonable action, depending on the circumstances.

(4)Investigation Cooperation: We reserve the right to cooperate with the carrier to resolve the damage and ensure a smooth claims settlement process.

(5)Limitation of Liability: We accept no responsibility for damage in transit that is not reported within the specified period or for damage that is not adequately documented.

§ 10 Right to defects

(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase is based on the statutory provisions: Accordingly, in addition to their 30-day return guarantee, customers in the European Union have warranty rights for a period of two years from the delivery of the goods and can demand the repair or replacement of the products purchased on Römhold Modular, if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.

(2) In the case of second-hand goods, the warranty period may be shorter than two years.

(3) If the customer is not a consumer, the defect shall be remedied by new delivery or new performance.

(4) If the customer is not a consumer, the limitation period shall be one year. This applies to the extent that no claims for damages and reimbursement of expenses are asserted for compensation for damage to body and health or for intent or gross negligence.

§ 11 Limitation of Liability (Products)

(1) The Provider shall be liable for claims for damages by the Purchaser resulting from injury to life, limb, health or from the breach of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty, or on the part of one of the Provider’s legal representatives or vicarious agents.

(2) Essential contractual obligations are those obligations whose fulfilment is necessary to achieve the objective of the contract.

(3) The Provider shall be liable for breaches of essential contractual obligations that are based on foreseeable damages typical of the contract, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer based on injury to life, limb or health.

(4) The provisions of the Product Liability Act shall remain unaffected.

(5) Insofar as the liability of Römhold Modular is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

§ 12 Cancellation Policy

(1) If the customer is a consumer, he has a right of revocation in accordance with the following provisions:

(2) Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of a product in several partial shipments or pieces) without giving reasons.

To exercise your right of withdrawal, you must inform us:

Römhold Modular

Bautznerstrasse 49, 01099 Dresden

inform you of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the sample withdrawal form on our website or send us another clear statement. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such a revocation.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period and that you have returned the goods via our online return centre within the period defined below.

(3) Consequences of revocation

If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we receive the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment.

We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods without undue delay and in any event no later than 14 days from the day on which you inform us of the withdrawal from this contract to:

Römhold Modular

Bautznerstrasse 49, 01099 Dresden

return or hand over. The deadline is met if you send the goods before the expiry of the 14-day period. You will bear the direct costs of returning the goods.

(4) Exceptions to the right of withdrawal

They only have to pay for any loss in value of the goods if this loss of value is due to handling of them that is not necessary to check the nature, characteristics and functioning of the goods.

The right of revocation does not exist or expires for the following contracts:

for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and the seal of which has been removed after delivery or which, due to their nature, have been inseparably mixed with other goods after delivery;
to supply sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
for the delivery of goods that may deteriorate quickly or whose expiry date would be quickly exceeded;
in the case of services, if Römhold Modular has provided them in full and you have taken note of and expressly agreed before placing the order that we can start providing the service and you lose your right of withdrawal upon full performance of the contract;
for the supply of newspapers, magazines or magazines, with the exception of subscription contracts; and
for the supply of alcoholic beverages, the price of which was agreed upon at the conclusion of the purchase contract, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.

§ 13 Exclusion of the Right of Revocation

(1) The right of revocation does not apply to contracts

for the supply of goods which 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 may deteriorate quickly or whose expiry date would be quickly exceeded;

(2) The right of revocation expires prematurely in the case of contracts

for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery;
for the supply of goods if they have been inseparably mixed with other goods after delivery due to their nature;
for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

§ 14 Data protection

(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have previously consented.

(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) may have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this respect, our liability is excluded.

(3) Third parties are not entitled to use contact details for commercial activities, provided that the provider has given the data subjects prior written consent.

(4) You have the right to receive complete and free information from Römhold Modular at any time about the data relating to you.

(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.

§ 15 Cookies

(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor’s Internet browser.

(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A particular internet browser can be recognized and identified via the unique cookie ID.

(3) By using cookies, users of this website can provide more user-friendly services that would not be possible without the setting of cookies.

(4) We would like to point out that some of these cookies are transferred from our server to your computer system, which are usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called persistent cookies).

(5) You can object to the storage of cookies, a banner is available for this purpose, which you can object/accept.

(6) Of course, you can set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted. Instructions on how to prevent and delete cookies can be found in the help function of your browser or software manufacturer.

§ 16 Choice of Law, Place of Performance, Place of Jurisdiction

(1)German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favourability).

(2)The place of performance for all services arising from the existing business relationships with us as well as the place of jurisdiction is our registered office, insofar as you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your 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 statutory place of jurisdiction remains unaffected by this.

(3)The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

§ 17 Final Provisions

(1) The language of the contract is German.

(2) We do not offer products or services for sale by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use Römhold Modular with the participation of a parent or guardian.

(3) If you violate these Terms and Conditions and we do not do anything about them, we are still entitled to exercise our rights on any other occasion in which you violate these Terms of Sale.

(4) We reserve the right to make changes to our website, rules, terms and conditions, including these T&Cs at any time. Your order will be subject to the terms and conditions of sale, terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or by order of the authorities (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

(5) The invalidity of one provision shall not affect the validity of the other provisions of the contract. Should this happen, the provision shall be replaced by another legally permissible provision that corresponds to the spirit and purpose of the invalid provision.