Terms of Service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Onur Kaya) via the website

www.rocajunior.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is hereby

objected to.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that

can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any

natural or legal person or partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its

independent professional or commercial activity.

§ 2 Conclusion of the contract

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

(2) By placing the respective product on our website, we already make you a binding offer to

conclude a contract via the online shopping cart system on the terms stated in the item 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". Using the corresponding button in the navigation bar, you can

open the "shopping cart" and make changes there at any time.

After clicking the button "Checkout" or "Proceed to order" (or a similar designation) and entering your personal data

as well as the payment and shipping terms, the order data is finally displayed to you as an order overview.

If you use an instant payment system as your payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either

be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there.

Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online shop,

the order data is displayed to you as an order overview.

Before submitting the order, you have the opportunity to check the information in the order overview again, to change it (also via

the "back" function of the internet browser) or to cancel the order.

By submitting the order via the corresponding button ("zahlungspflichtig bestellen" (order with obligation to pay)

,

"kaufen" / "jetzt kaufen" (buy / buy now)

,

"kostenpflichtig

bestellen" (order subject to charge)

,

"bezahlen" / "jetzt bezahlen" (pay / pay now) or a similar designation), you declare legally binding acceptance of the offer, whereby the

contract is concluded.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place by

email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that the

receipt of the emails is technically ensured and, in particular, not prevented by SPAM filters.

§ 3 Special agreements on the payment methods offered

(1) Payment via "PayPal" / "PayPal Checkout"

If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment is processed by the

payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxemburg; "PayPal"). The individual

payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website as well as in the online

ordering process. "PayPal" may use other payment services for payment processing; insofar as special

payment terms apply to these, you will be informed of them separately. Further information on "PayPal" can be found at

https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via "Mollie"

If you select a payment method offered via "Mollie", the payment is processed by the payment service provider Mollie B.V.

(Keizersgracht 313, 1016 EE Amsterdam, Niederlande; "Mollie").

The individual payment methods via "Mollie" are displayed to you under a correspondingly labelled button on our website

as well as in the online ordering process. "Mollie" may use other payment services for payment processing; insofar as

special payment terms apply to these, you will be informed of them separately. Further information on "Mollie" can be found at

https://www.mollie.com/de.

(3) Payment via "Stripe"

If you select a payment method offered via "Stripe", the payment is processed by the payment service provider Stripe

Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods

via "Stripe" are displayed to you under a correspondingly labelled button on our website as well as in the online ordering process.

"Stripe" may use other payment services for payment processing; insofar as special

payment terms apply to these, you will be informed of them separately. Further information on "Stripe" can be found at

https://stripe.com/de.

§ 4 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following applies additionally:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full.

Before title to the goods subject to retention of title has passed, 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 in the amount of the

invoice amount accruing to you from the resale; we accept the assignment. You remain authorized to collect

the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the

claim ourselves.

c) If the goods subject to retention of title are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value

of the goods subject to retention of title 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 insofar as 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.

§ 5 Warranty

(1) The statutory rights in respect of defects 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. If you do not do so, this has no

effect on your statutory warranty claims.

(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before

submitting your contractual declaration and the deviation was expressly and separately agreed between

the contracting parties.

(4) If you are an entrepreneur, the following applies in derogation from the above warranty provisions:

a) Only our own statements and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not

other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we provide warranty at our discretion by way of rectification or replacement delivery. If the remedy of the defect fails,

you may, at your discretion, demand a reduction in price or withdraw from the contract. The remedy of the defect shall be deemed to have failed after an unsuccessful second

attempt, unless anything to the contrary results in particular from the nature of the goods or the defect or the other circumstances.

In the case of rectification, we do not have to bear the increased costs arising from the goods being taken to a

place other than the place of performance, unless the transfer corresponds 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:

- to culpably caused damage attributable to us arising from injury to life, body or health, and to other damage caused intentionally

or through gross negligence;

- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;

- to items that have been used for a building in accordance with their customary use and have caused its

defectiveness;

- to statutory recourse claims that you have against us in connection with rights in respect of defects.

§ 6 Choice of law

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law

of the state of the consumer's habitual residence (Günstigkeitsprinzip, principle of the more favourable provision).

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

II. Customer information

1. Identity of the seller

Onur Kaya

Kreittmayrstraße 5

80335 München

Deutschland

Phone: 015259955280

Email: onur.kaya@rocajunior.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.

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are governed by the

provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, storage of the contract text

3.1. The contract language is German .3.2. The complete contract text is not stored by us. Before the order is submitted via the online shopping cart system,

the contract data can be printed out using the browser's print function or saved electronically. After we have received the order,

the order data, the information required by law for distance contracts and the General

Terms and Conditions will be sent to you again by email.

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 stated in the respective offers as well as the shipping costs are 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 viewed via a correspondingly labelled 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. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) are to be borne by you in cases

where delivery is made to an EU member state but payment was initiated outside the European Union.

5.4. The payment methods available to you are shown under a correspondingly labelled button on our website

or in the respective offer.

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

immediately.

6. Delivery terms

6.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly

labelled button on our website or in the respective offer.

6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the

item sold during shipment only passes to you upon handover of the goods to you, regardless of whether the shipment

is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or

another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory liability for defects

Liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).

These General Terms and Conditions and Customer Information were drawn up by the lawyers of the Händlerbund who specialize in IT law and are

permanently reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event

of warning letters (Abmahnungen). Further information on this can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last updated: 22.10.2024