Terms of Use

Last modified: November 2013

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 Austria, Germany and Switzerland such will be expressly indicated.

Please read the following terms and conditions (the “Terms of Use“) carefully before using the ROHMIR.de website (the “Website”). By accessing the Website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. We recommend that you keep a copy of these Terms of Use for future reference.

This Website is operated by ROHMIR GmbH (“ROHMIR“), a company registered in Germany with company number HRB 133002 B. Our registered address is Kurfürstendamm 21, D-10719 Berlin, Germany. Our VAT number is 27/435/04087.

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

You do not have to register to use the Website but will need to register to purchase goods via the Website. There are advantages in registering and creating an account with us.

Your Information
You agree that the information you provide to us will be true, accurate, current and complete in all respects. You also agree to notify us of any changes in this information. All personal information you provide to us when you use the Website will be used in accordance with our Privacy Notice, which is incorporated into these Terms of Use.

Products and Colours
Not all of the products we sell are available for sale through the Website. Additional products are available in ROHMIR stores and corners all around the world. We have made every effort to display the colours and textiles of our products that appear on the Website as accurately as possible however, as computer monitors vary, we cannot guarantee that products will be exactly as depicted on the Website.

Terms of Sale
The information on this Website does not constitute a binding offer to sell the products described on the Website. All purchases made via the Website are subject to our Terms of Sale.

Ownership of Website Materials
All content on this Website including, without limitation, text, designs, graphics, logos, icons, images, films, audio clips, downloads, interfaces, code and software (“Website Material“) is owned by or licensed to ROHMIR or our affiliates (group enterprises, licenser, content providers or other third parties) and is protected by copyright, trade mark and other applicable laws. Your use of the Website does not entitle you to any intellectual property rights or any other rights in the Website Material, other than the limited rights of use granted to you pursuant to these Terms of Use.

All trade marks, logos, service marks and trade names displayed on this Website are registered and/or unregistered trademarks of ROHMIR, its affiliates their respective licensors or content providers, or other third parties. All of these trade marks, logos and service marks are the property of their respective owners. Nothing on this Website shall be construed as granting any licence or right to use any trade mark, logo or service mark displayed on the Website without the owner’s prior written permission, except as otherwise described in these Terms of Use. We reserve all rights not expressly granted in and to the Website and the Website Material.

Use of the Website
You may access, copy, download and print the Website Material for your personal and non-commercial use, provided you do not modify or delete any copyright, trade mark or other proprietary notice that appears on the Website Material. Any other use of the Website Material is strictly prohibited. You may not use the Website or the Website Material for any commercial purpose whatsoever. If you download or upload any materials from or to this Website, you do so at your own discretion and risk.

You may not use contact information provided on the Website for unauthorized purposes, including marketing. You agree not to interrupt or attempt to interrupt the operation of the Website in any way, including through the use of any hardware or software intended to damage or interfere with the proper working of the Website – or to intercept any data (including personal information) transmitted via the Website.

ROHMIR reserves the right to restrict or terminate your access to, or use of, the Website or any feature or part of it at any time if you breach the Terms of Use or for any other reason whatsoever without notice. Termination or limitation of your access or use will not waive or affect any other right or relief to which ROHMIR may be entitled, at law or in equity.
Material You Submit

You may not use this Website to upload to, distribute or otherwise publish any content that:
infringes any rights of third parties, including without limitation their intellectual property rights;
breaches any applicable local, national or international law or regulation;
is fraudulent, or has any fraudulent purpose or effect;
is contrary to public policy and/or accepted moral standards, including without limitation: pornographic or sexually explicit images; obscene or offensive messages; material which is defamatory or libellous of any person or which is invasive of their privacy or publicity rights; material harmful to minors; material likely to incite crimes or offences; material promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; material promoting computer piracy or any other criminal offence; anything likely to harass, upset, embarrass or alarm another person or cause them to harm themselves; or any material likely to misrepresent your identity or impersonate another person (including by submitting material intended to give the impression that it is originated by ROHMIR or any other person);
contains among others things and without limitation viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Website or any computer software or hardware;
acts contrary to ROHMIR’s interests, in particular by modifying, damaging, or overloading the Website;
is inconsistent with reasonable use of the Website (for example by submitting the same material repeatedly); or
promotes any commercial activity whatsoever, for example by sending promotional or advertising messages or spam.

In the event you submit any material via the Website:
you warrant that you own or otherwise control all the rights (including all intellectual property rights) to such material, and that such material complies in all respects with these Terms and Use;
you grant ROHMIR and its affiliates and agents a non exclusive, royalty-free, perpetual, irrevocable and fully transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media; and
you acknowledge that we have no obligation of confidentiality in relation to any material you submit to us.

This Website may contain links to other websites, some of which are operated by ROHMIR or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you. We have not reviewed the information on those other websites and are not responsible for the content of those or any other websites, or any products or services that may be offered through those or any other websites. Inclusion of links to other websites should not be viewed as an endorsement of their content. Any questions or comments relating to those other websites should be addressed to the operator of those websites.

Neither you nor any third party acting on your behalf may link to any page of this Website.

You or third parties acting on your behalf may not (i) use our proprietary marks and logos as meta tags or any other “hidden text”; or (ii) use framing technology to enclose any content included on the Website, without our prior written consent.

Infringement Notice
We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal Department, who can be reached at:

Att: Head Legal & Compliance
Legal Department
Bleibtreustrasse 32
10707 Berlin, Germany
E-Mail: berlin@rohmir.com

In order for us to more effectively assist you, the notification must include all of the following:
a description of the copyrighted work you claim has been infringed;
information reasonably sufficient to locate the material in question on the Website;
your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit ROHMIR to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a signed statement by you confirming that all of the information in your notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

ROHMIR reserves the absolute right to remove any material from the Website in its sole discretion at any time.

The information on this Website is provided for general information only and should not be relied upon. Save as provided in our Terms of Sale we are not responsible if information made available on this Website is not accurate, complete or current. We reserve the right to amend or correct the content on the Website at any time without prior notice or liability to you.

ROHMIR provides you with access to the Website on the basis that, to the maximum extent permitted by law, we exclude all warranties, representations, conditions and other terms of any kind.

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 damage caused by a slightly negligent breach of a material contractual obligation (i.e. contractual obligations which fulfillment 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 (in particular to liability under the German Product Liability Act respectively the Austrian Product Liability Act), 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 willful misconduct or gross negligence.

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

You agree to indemnify and to keep indemnified ROHMIR, our affiliates and their respective officers, directors, employees, contractors, agents, licensors, service providers, sub-contractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, (including reasonable legal fees) arising or resulting from your use of the Website and any violation of these Terms of Use. ROHMIR reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate fully with ROHMIR in the defence of such matter.

Governing Law and Jurisdiction
These Terms of Use 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.

If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

These Terms of Use, as supplemented by any additional documents referred to in them and any policies or rules posted on this Website, constitute the entire agreement and understanding between you and ROHMIR with respect to the subject matter and supersede all prior communications (oral or in writing) between you and us.

We reserve the right to change these Terms of Use from time to time by posting revised terms on the Website. Accordingly, for each new order you purchase, you should check the date of these Terms of Use (which appears at the top of this page) and be aware of any changes since the last version.

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

Clause headings are for convenience only and do not affect the interpretation of these conditions.

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

You may not transfer any of your rights or obligations under these Website Terms of Use without our prior written consent. We may transfer any of our rights or obligations under these Website Terms to any of our subsidiaries or affiliates or any third party designated by ROHMIR.

How to Contact Us
If you have any questions, comments or complaints about these Terms of Use or this Website, please contact us at:

Email: berlin@rohmir.com
Phonenumber: +49 30 88715877
Address: Bleibtreustrasse 32, 10707 Berlin, GERMANY