Terms of Sale

These provisions apply to customers in Germany, Austria, in the EU and Switzerland (together the “Territory”). In case there are differences in the provisions between Germany, Austria and Switzerland such will be expressly indicated.

Please read the following terms of sale (the “Terms of Sale”) carefully before purchasing any goods or service on the rohmir-shop.de website (the “Website”). By purchasing any goods or service using this Website, you agree to be bound by these Terms of Sale.

We may change our Terms of Sale from time to time, it being specified that the version of these Terms of Sale in force at all times of your order will govern that order. We recommend you to check the latest version of the Terms of Sale whenever you place an order.

The goods and services available on the Website are offered for sale by ROHMIR GmbH (“ROHMIR“), a company registered in Germany with company number HRB 133002 B. Our registered office is ROHMIR GmbH, Bleibtreustrasse 32, 10707 Berlin, Germany. Our VAT number is 27/435/04087.

The goods and services available on the Website are offered for sale by Rohmir Event.OR GmbH (“ROHMIR Schweiz“), a company registered in Switzerland with company number CH-020.4.037.927-6. Rohmir Event.OR GmbH, c/o ROH Rechtsanwälte AG, Seidengasse 15 CH-8001 Zürich, Switzerland. Our VAT number is 27/435/04087.

In these Terms of Sale the terms “we”, “us” and “our” refer to ROHMIR and “you” refers to you, the user of the Website.

Eligibility to purchase goods
You do not have to register to explore the Website or to purchase goods or services through it, but registering and creating an account with us will allow you to fully enjoy the Website.

By creating an account, you can store credit card information for easier and faster checkout, review your order history and edit billing or delivery information.

When you register or make purchases through the Website, you will be required to provide certain information including your name, phone number and e-mail address. You will also be required to provide valid details of a credit or debit card (or such other payment mechanism as is permitted by these Terms of Sale) which you are legally entitled to use. We reserve the right to request additional evidence or proof of billing information where we think this is necessary. You warrant that all information you provide to us at any time is true, accurate and complete.

All personal information that you provide when using the Website will be used in accordance with our Privacy Notice and applicable laws.

We offer the possibility to deliver products of the same order to multiple addresses within the same country of the Territory. Orders with multiple shipping addresses will be charged per address. We will only deliver goods to addresses within the Territory. Orders that are placed for delivery to addresses outside the Territory will be automatically rejected during the order process. Please note that we currently do not offer shipments to German communities of Büsingen am Hochrhein and Helgoland.

Shopping Bag
The Shopping Bag holds the goods you have selected to purchase while you shop. Goods you place in your Shopping Bag will remain there until you purchase them or remove them. They will remain there even after you leave the Website unless they go out of stock before you complete your purchase in which case they will be automatically removed from your Shopping Bag.

Please note that goods in your Shopping Bag are not reserved for you, and they will be available for purchase by other customers until you have submitted and we have confirmed your order for them in accordance with these Terms of Sale.

Making a purchase
In order to purchase the goods using this Website, you must add it to your Shopping Bag and then indicate that you wish to purchase goods by proceeding to the Checkout section of the Website and entering the relevant information where instructed. You will be provided with an opportunity to review your order, check the total price of your order and the information you have provided and correct any input errors before confirming your purchase. Finally you will have to confirm that you have read and agreed with these Terms of Sale.

Once you have submitted your order, we will send an email to the email address you have provided acknowledging receipt of your order and setting out details of the ordered good(s). This email does not constitute an acceptance of your order – only a confirmation that we have received it. You are encouraged to download, save or print a copy of your order confirmation and these Terms of Sale for your records.
Once we have acknowledged receipt of your order, we will check that we have your good(s) in stock and where applicable, deduct payment from your chosen payment method. Your credit or debit card will not be charged until your order is ready for delivery.

We reserve the right at any time after receipt of your order to accept or decline your order, or any part thereof, in our sole discretion, even after your receipt of an order confirmation or after your chosen payment method has been charged (subject to our refunding the payment to you). You may not purchase any goods from this Website for a commercial resale by you or any other person. Goods will only be sold in quantities that are compatible with your own personal use of such goods. We reserve the right to restrict the quantities of any good being ordered by any one person or being delivered to any one address. We shall be entitled to cancel any order placed by you that we believe has been made for the purpose of a commercial resale. In such event we reserve the right to refuse or cancel all subsequent orders from you. We also reserve the right to reject orders from any customer with whom we have an ongoing legal dispute regarding a prior order. We may cancel any order if we suspect any fraudulent activity and may refuse to process orders from customers with a previous fraudulent order history.

The contract between us will only be concluded when we email you to confirm that the good(s) have been dispatched. The contract for your order will be concluded in the Territory, and the language of the contract will be German or English. In the event of ambiguity or difference in the interpretation and/or explanation of the German or the English version, the German version shall at all times prevail.

When we e-mail you the confirmation that your good(s) have been despatched we will attach an electronic invoice in respect of your order. Please note that we do not issue paper invoices.

Goods on this Website
Not all of the goods we sell are available for sale through the Website. Additional goods are available in ROHMIR stores and corners all around the world. Please visit us on www.ROHMIR-shop.de in order to find the nearest points of sale.

In the event that a good you have ordered is unavailable, we will inform you of this within seven (7) days of receiving your order. We will, where possible give you the option to order a different good of the same type or alternatively, to cancel your order. Should you opt to cancel your order no charge will be made to your credit card and, in the event that your debit card has already been charged, a full refund will be made.

We have made every effort to display the colours and textiles of our goods that appear on the Website as accurately as possible; however, as computer monitors vary, we cannot guarantee that goods will be exactly as depicted on the Website.

The information on this Website does not constitute a binding offer to sell goods described on the Website or to make such goods available in your area.

Changes to Orders
Once you place an order at the Website, there is a limited period of time before your order is fully processed during which you will be able to cancel your order. If a cancellation option is available, you will find a button next to your order on the order tracking page.

All goods on this Website are offered subject to availability. In the event that a good you have ordered is unavailable, we will inform you of this within seven (7) days of receiving your order. We will, where possible give you the option to order a different good of the same type or alternatively, to cancel your order. Should you opt to cancel your order no charge will be made to your credit card and, in the event that your debit card has already been charged, a full refund will be made.

Prices
All prices shown on this Website are in Euro and are inclusive of VAT at the applicable rate. The VAT will be indicated separately before finalizing the order process. All prices are applicable to purchases made in the Territory only. If your chosen payment method is not denominated in Euros, the final price of any goods you purchase will be calculated in accordance with the exchange rate on the date your payment provider processes your payment.

Delivery charges are calculated in accordance with the Delivery Policy available on the Website. You will be shown the charges for delivering your order before we ask you to confirm your order.

If an error is discovered in the price of your goods prior to our despatching them to you, we will: (i) where the correct price is lower, refund you the difference or reduce the balance of the price payable to us; or, (ii) where the correct price is higher, contact you and offer you the option to either confirm your order at the correct price or cancel your order. We do not have to provide the goods to you at a lower price where we have made a pricing error.

Methods of Payment
Full payment is required before an order can be dispatched to you. We accept the following methods of payment:
Visa Credit, Visa Debit, Master Card Credit, Master Card Debit, American Express

Fax Order Form
In the event that the sum due from you for your order cannot be debited or charged for whatever reason, your order will be cancelled.

By making an offer to purchase goods through our Website, you authorise us to perform credit and anti-fraud checks on you and the payment mechanism that you have provided. These checks may be required, amongst other things, to authenticate your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorisation and/or to authorise individual purchases. You authorise us to disclose information provided by you, including personal information, to third parties such as banks and the providers of credit reports for the purposes of these checks, and acknowledge that such parties may keep a record of that information. You further agree and acknowledge that we may make the information we receive from such checks available to third parties including fraud prevention and credit reference agencies. We reserve the right to put in place additional payment security systems from time to time. You have the right to object at any time the transfer of your data to third parties within the meaning of this section with future effect. Please contact us for your objection.

For your convenience, your credit or debit card information can be stored in your account. For more information, see our Privacy Notice. For added security, the billing address you provide must exactly match the address on file at your debit or credit card. The processing of your order may be delayed if these addresses are different.

Order Tracking and Delivery
Once your order has been confirmed, we endeavour to dispatch purchases within one (1) to two (2) working days of confirming of your order (working days exclude Saturdays, Sundays and Public holidays), and to deliver your order in accordance with the timescales set out in our Delivery Policy. Stated delivery times are estimates only, and are measured from the date of dispatch. Each address you instruct us to deliver to, including gift-recipient addresses, is considered a separate order and is subject to applicable delivery charges.

Once your order is placed, we will send an e-mail confirming the details of your order and the selected delivery method. Your Order History on the Website lists the current status of pending orders. You may check your order status through the Order History area of My Account or the Track Your Orders option. You can also contact us. We will email you a confirmation once your order is ready for dispatch.

We require a signature for all goods delivered using this Website. All responsibility and risk for the goods you have purchased through this Website passes to you on delivery. In the event that you have purchased a good as a gift for a third party you agree that signature by a person at the stated delivery address is proof of fulfilment of your order.

For security reasons, ROHMIR cannot ship any order to Post Office Boxes or accept any order where it is impossible to identify the individual delivery address. ROHMIR’s policies do not allow goods to be reshipped and therefore we cannot ship to an address associated with a “freight forwarding company”. We do not deliver outside the Territory.
Instruction about your right of revocation

1 For German customers:
1.1 Right of revocation
You have the right to revoke your declaration to conclude a contract without stating a reason within a period of fourteen (14) calendar days (calendar days include Saturdays, Sundays and Public holidays) in text form (by sending a letter to ROHMIR GmbH, Bleibtreustrasse 32, 10707 Berlin, Germany or E-Mail to berlin@rohmir.com) or – in case the goods where already delivered to you before the expiry of that period – by returning the goods. The period begins upon receipt of this instruction in text form, but not prior to the delivery of the goods to the recipient and not before we have met our information duties pursuant to Article 246 Section 2 in conjunction with Section 1 para. 1 and 2 of the Introductory Code to the German Civil Code as well as not before we have met our duties pursuant to Section 312e para. 1 sentence 1 of the German Civil Code in conjunction with Article 246 Section 3 of the Introductory Code to the German Civil Code. In order to meet the revocation deadline it is sufficient to dispatch the revocation or goods in time.

The cancellation notice shall be sent to our Customer Assistance by email to berli@rohmir.com or mail (ROHMIR GmbH, Bleibtreustrasse 32, 10707 Berlin, Germany).

1.2 Consequences of revocation

In the event of an effective revocation all services and goods received by either party shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you cannot return the services and/or goods entirely or partly or only in deteriorated condition, you shall pay compensation for the value in this respect if applicable. In the case of goods delivered this does not apply if the deterioration of the goods is brought about solely by a tryout thereof – such as would have been possible for you e.g. in a retail shop. You may not pay compensation for the deteriorated condition of goods which is the result of the goods having been used as intended. Goods which can be sent by parcel shipment are to be returned at our risk. Any goods that cannot be shipped via parcel will be picked up by us. Obligations to reimburse payments must be fulfilled within fourteen (14) days after reception of your cancellation notice.

2 For Austrian customers:
2.1 Right of revocation
You have the right to revoke your declaration to conclude a contract without stating a reason within a period of fourteen (14) calendar days (calendar days include Saturdays, Sundays and Public holidays) in text form (by sending a letter to ROHMIR GmbH, Bleibtreustrasse 32, 10707 Berlin, Germany or by E-Mail to berlin@rohmir.com) or – in case the goods where already delivered to you before the expiry of that period – by returning the goods. It shall commence on the day of receipt of the products by you.

If we failed to comply with our information obligations pursuant to Section 5d (1) and (2) KSchG, the period of rescission shall be three (3) months as of the dates specified above. If we comply with our information obligations within this period, the period during which the right of rescission may be exercised, as set forth above shall commence upon the date such information is furnished by us.

The cancellation notice shall be sent to our Customer Assistance by email to berlin@rohmir.com or mail (ROHMIR GmbH, Bleibtreustrasse 32, 10707 Berlin, Germany)

2.2 Consequences of revocation
In the event of an effective revocation all services and goods received by either party shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you cannot return the services and/or goods entirely or partly or only in deteriorated condition, you shall pay compensation for the value in this respect if applicable. In the case of goods delivered this does not apply if the deterioration of the goods is brought about solely by a tryout thereof – such as would have been possible for you e.g. in a retail shop. You may not pay compensation for the deteriorated condition of goods which is the result of the goods having been used as intended. Goods which can be sent by parcel shipment are to be returned at our risk. Obligations to reimburse payments must be fulfilled within fourteen (14) days after reception of your cancellation notice.

3. For Swiss customers:
3.1. Right of revocation
You have the right to revoke your declaration to conclude a contract without stating a reason within a period of fourteen (14) calendar days (calendar days include Saturdays, Sundays and Public holidays) in text form (by sending a letter to ROHMIR Event.OR GmbH, c/o ROH Rechtsanwälte AG, Seidengasse 15, 8001 Zürich, Switzerland or by email to zurich@rohmir.com) or – in case the goods where already delivered to you before the expiry of that period – by returning the goods. The period begins upon receipt of this instruction in text form, but not prior to the delivery of the goods to the recipient. In order to meet the revocation deadline it is sufficient to dispatch the revocation or goods in time.

The cancellation notice shall be sent to our Customer Assistance by email to zurich@rohmir.com or mail (ROHMIR Event.OR GmbH, c/o ROH Rechtsanwälte AG, Seidengasse 15, 8001 Zürich, Switzerland).

3.2. Consequences of revocation
In the event of an effective revocation all services and goods received by either party shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you cannot return the services and/or goods entirely or partly or only in deteriorated condition, you shall pay compensation for the value in this respect if applicable. In the case of goods delivered this does not apply if the deterioration of the goods is brought about solely by a tryout thereof – such as would have been possible for you e.g. in a retail shop. You may not pay compensation for the deteriorated condition of goods which is the result of the goods having been used as intended. Goods which can be sent by parcel shipment are to be returned at our risk. Any goods that cannot be shipped via parcel will be picked up by us. Obligations to reimburse payments must be fulfilled within fourteen (14) days after reception of your cancellation notice.

Additional Provisions relating to Cancellations, Returns and Exchanges
Please note that in the interests of hygiene, swimwear and underwear must be tried on over your own underwear without removing the adhesive strip. We may refuse returns where goods are worn and soiled. Perfumes should only be returned in their original packaging.

All returns will be credited back to the original payment type. Please note that if you return goods to us without a return card and it is not possible to verify the price you paid for the goods, we will refund you the last known value of the returned goods.

You are under a duty to take reasonable care of the goods and will be liable for damage to them caused by you. We reserve the right to seek damages from you in relation to goods that are returned to us used or damaged in any way by you. No new delivery can take place until we have received the returned goods from you.

We will prosecute to the fullest extent of the law any fraudulent activities, including without limitation, any attempt to reverse or seek a refund of a valid charge for an order that has been properly fulfilled and delivered to you and is not subject to a right of return.

Goods purchased via the Website may only be returned in the manner outlined above and cannot be returned to a ROHMIR store or any other point of sale. Goods purchased from ROHMIR stores and other points of sale may not be returned via the Website.

Limitation of Liability
Subject to the provisions in Section 2, ROHMIR’s statutory liability for damages shall be limited as follows:

i. ROHMIR shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the contract in respect of damages caused by a slightly negligent breach of a material contractual obligation (i.e. contractual obligations which fulfilment allows the execution of the contract, which infringement endangers the attainment of the contractual purpose and on which the customer regularly relies “Kardinalspflichten”);
ii. ROHMIR shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.

The aforesaid limitation of liability shall not apply to any mandatory statutory liability, liability for assuming a specific guarantee or liability for damages caused by wilful or grossly negligent misconduct, death or any kind of personal injuries caused by wilful or negligent misconduct.

ROHMIR shall not be liable for indirect and/or consequential damages, independent of its legal basis, in particular including loss of profit and loss of interest, unless in cases of wilful misconduct or gross negligence.

To the extent ROHMIR’s ability is limited or excluded, the same shall apply in respect of any personal liability of its legal representatives, employees and vicarious agents.

General
Clause headings are for convenience only and do not affect the interpretation of these Terms of Sale. These Terms of Sale constitute the entire agreement and understanding between you and ROHMIR with respect to the purchase of goods via the Website and supersede all prior communications between you and us.

If any provision of these Terms of Sale is unlawful, void, or for any reason unenforceable, the remainder of these Terms of Sale shall continue in full force and effect.

Any failure or delay by us in enforcing (in whole or in part) any provision of these Terms of Sale will not be interpreted as a waiver of our rights or remedies.

You may not transfer any of your rights or obligations under these Terms of Sale without our prior written consent. We may transfer any of our rights or obligations under these Terms of Sale.

Governing Law and Jurisdiction
These Terms of Sale shall be governed by German law under the exclusion of the UN Convention on the International Sale of Goods (CISG). Disputes arising under or in connection with these Terms of Use (including non-contractual disputes) shall be subject to the non-exclusive jurisdiction of the local courts of Germany, provided, however that the foregoing shall not affect the right of either party to sue in any venue of competent jurisdiction under applicable procedural law