I. General Terms and Conditions
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Stuckliebe – Alfonso Gualtieri) via the https://www.roman-living.com/ website. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(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 his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we provide you with various products for the submission of an offer, also referred to as an order in our store, under the conditions specified in the item description.
(3) A contract is not concluded via the online shopping cart system. The offer submission process is as follows:
The goods intended for purchase are placed in the “shopping cart”. You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you have selected an instant payment system (e.g. PayPal / PayPal Express Amazon Amazon) as your payment method, you will be prompted to do so.If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) as your payment method, you will either be redirected to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online store to the order overview page.
Before submitting the order, you have the opportunity to check all details again here, to change them (also via the “back” function of the Internet browser) or to cancel the purchase.
By submitting your order via the “buy” button, you declare a legally binding offer to purchase goods from our online store. Only when we or one of our service providers dispatch the goods will your offer be deemed to have been accepted by us and constitute a binding purchase contract.
(4) Your requests for the preparation 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 shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
(1) Payment by invoice and financing via Klarna Germany
In cooperation with Klarna (http://www.klarna.com/) we offer you the purchase on account and installment purchase as a payment option. Please note that Klarna Invoice and Klarna Installment Purchase are only available to consumers and that payment must be made to Klarna in each case.
Klarna invoice
When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. You can find the complete GTC for purchase on account here (https://cdn.klarna.com/1.0/shared/content/legal/terms//de_de/invoice?fee=0,00).
Klarna installment purchase
With Klarna’s financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least €6.95). For more information on Klarna Installment Purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit, please click here (https://cdn.klarna.com/1.0/shared/content/legal/terms//de_de/account).
Data protection notice
Klarna checks and evaluates your data details and exchanges data with other companies and credit agencies where there is a legitimate interest and reason to do so. Your personal data will be treated in accordance with the applicable data protection regulations (https://cdn.klarna.com/1.0/shared/content/policy/data/de_de/data_protection.pdf) and in accordance with the information in the Klarna Privacy Policy.
§ 4 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 shall apply in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods 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 to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
§ 5 Warranty
(1) The statutory rights of liability for defects shall 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 comply with this, this will not affect your statutory warranty claims.
(3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that such 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 deadline does not apply:
– for culpably caused damage attributable to us arising from injury to life, limb or health and for 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;
– for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
– for statutory recourse claims that you have against us in connection with warranty rights.
§ 6 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ 7 Further processing of products
(1) The goods offered are essentially building materials made of plaster. Customers receive raw parts according to the specifications given. Due to the material, minor damage or air pockets may occur, which can be repaired to an appropriate extent by the customer using plaster.
(2) We encourage our customers to receive our goods first, to check them for completeness and possible defects and only then, if necessary, to place assembly orders with e.g. craftsmen. Roman Living (Alfonso Gualtieri) shall not be liable for any damage caused by commissioning third parties to assemble the products or by making other arrangements for (self-)assembly of the products before the goods have been delivered to the customer and inspected by the customer.
§ 8 Ordering large quantities and custom-made products/deliveries
(1) For orders with a total value of more than €1500, the principle applies that the item(s) ordered will be manufactured as a custom-made product for the customer. Custom-made products can also be produced, for example, if the customer specifies dimensions, shape specifications or specific delivery dimensions.
(2) The custom-made products described in (1) are excluded from the right of withdrawal within the meaning of the Distance Selling Act.
II. customer information
1. identity of the seller
Stuckliebe – Alfonso Gualtieri
Am Waldthausenpark 7-9
45127 Essen
Tax identification number: DE323771412
Commercial register: HRB 31293
Register court: Essen Local Court
Represented by the shareholders:
Alfonso Gualtieri
service@pottpartner.com
service@roman-living.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations “Conclusion of the Contract” of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1. Contract language is German .
3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.
3.3. In the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer sent in text form, e.g. by e-mail, which you can print out 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 methods
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 called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free shipping has been promised.
5.3. Any costs incurred for the transfer of funds (transfer fees or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly designated button on our Internet presence or in the respective offer.
5.5. Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. delivery conditions
6.1. The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law 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 transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipment is at your risk.
7. statutory liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information have been prepared by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/agb-service.
last update: 10/01/2019