Last updated: May 12, 2021

1. Area of application

  1. Contracting parties to the purchase contract (hereinafter also: "Contract") are Rokkr AG as the seller (hereinafter: "we") and the customer as the buyer (hereinafter also: "You").
  2. Our range of goods in our online shop is aimed at consumers. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
  3. The conclusion of a contract for the delivery of the Rokkr TV-Box via our online shop is exclusively subject to these general terms and conditions (hereinafter: "ToS"). Contractual conditions of customers are not part of the contract, even if we do not expressly object them. Regulations deviating from our terms and conditions only become part of the contract if we particularly confirm this. The delivery of the goods with knowledge of deviating regulations does not constitute such an express confirmation.

2. Information about the goods

  1. The subject of the contract is the sale of the Rokkr TV box (hereinafter also: "goods") to you.

  2. The essential characteristics of the goods are given in our online shop. We do not assume any guarantee with the description of the goods. Images of the goods in our online shop are only exemplary and are not part of the contract.

  3. The use of the Rokkr TV-Box requires that you maintain an internet connection between the Rokkr TV-Box and a server of Rokkr while using the Rokkr TV-Box.

    Otherwise you cannot use the Rokkr TV-Box. In particular, the Rokkr TV box cannot be used in offline mode.

3. Realisation of the contract

  1. The contract is concluded in English (contract language).

  2. Our offers to conclude a contract are subject to change and non-binding, unless our offer expressly states something different.

  3. There is no entitlement to conclude a contract with us. We are only ready to conclude a contract if at least the following requirements are met:

    1. You have unlimited legal capacity, and reached the legal age.
    2. You have set up an e-mail box for yourself, through which you can check incoming e-mails under normal circumstances, and you have provided us your e-mail address for this e-mail box.
    3. You have provided us a delivery address within the Federal Republic of Germany or within Austria or within Switzerland; PO Box addresses are not suitable delivery addresses.
    4. You conclude the purchase contract on your own behalf.
    5. The goods are available in our inventory, and the order quantity conforms to a normal household.
  4. Provided that we offer you to conclude the contract with us on our website via electronic business transactions, the following terms also apply:

    1. The ordering process takes place as follows:

      a) Selection of the goods
      b) Entry of your personal data
      c) Confirmation on the button "Proceed to checkout"
      d) Selection of the desired payment method and renewed check or correction of the respective entered data
      e) Confirm by clicking the buttons labeled "Order now"

    2. If you click on the button labeled “Order Now” you are submitting a binding offer to conclude the contract (hereinafter also: “order”). You are bound to your order until the end of the third calendar day from the time you place your order.

    3. We provide you with appropriate, effective and accessible technical means with the help of which you can recognize and correct input errors before placing your order. Before submitting your order, you can view and change the order details. For example, you can click on the "Back" button in your web browser and then correct any input errors when entering your personal data. Or, for example, you can simply close your internet browser before you have placed your order, cancel the order process and then start the order process again.

    4. After submitting the order, you will receive an automatic receipt confirmation from us by e-mail, which reflects the details of your order. This confirmation receipt does not represent a binding acceptance of your order, but only documents that we have received your order, unless we've expressly declared the acceptance of your order in the email in addition to the confirmation of the receipt.

    5. The contract is only concluded when you receive our declaration of acceptance. We declare acceptance by means of a notification sent by email. We are entitled to accept your order up to the end of the third calendar day after placing your order. A silentness from us on your order does not constitute acceptance.

4. Content of the purchase contract

  1. Through the purchase contract for the delivery of the ordered goods, we are obliged to hand over these goods to you and to procure ownership of these goods. The transfer takes place in accordance with Section 7 of our ToS with retention of title (Section 8 of our ToS).
  2. You are obliged to pay us the agreed purchase price and - if agreed - the shipping costs (Section 6 of our ToS) and to accept the purchased goods.

5. Payment; Payment methods

  1. All prices stated when the goods are presented in our online shop and in our declaration of acceptance are final prices and include the applicable statutory sales tax and other price components, but not the shipping costs. The shipping costs - provided that such have been agreed - are stated separately. You bear any customs duties and similar charges for deliveries abroad yourself.

  2. If this is necessary for the respective payment method, we will inform you of our bank details in the declaration of acceptance of your order and with the invoice form attached to the goods. We only accept payments from accounts within the European Union; in no case will we bear the fees of a bank wire transaction.

  3. We offer the following payment methods:

    • Payment in advance
    • PayPal
    • SEPA express
    • CashtoCode

    With every order process, we reserve the right not to offer all of these payment methods for you.

  4. If you have chosen to pay in advance, our claim to payment is due immediately after the conclusion of the contract.

  5. For any repayment to you, we will use the same means of payment that you've used for the initial payment. This does not apply if we have expressly agreed otherwise and you do not incur any costs.

    In the case of payment by means of a transfer from account to account, we will transfer the amount to the account you are using, unless you provide us with any other account details.

6. Shipment fees

  1. You bear the costs for sending the goods (shipping costs), unless we expressly agree with you that we bear the costs (e.g. when reaching a certain value of goods).
  2. Before submitting your order, we will inform you whether we will bear the shipping costs and - if not - what shipping costs you will incur.

7. Delivery

  1. The goods are delivered to the delivery address you specified.

  2. We are entitled to commission a shipping company of our choice to deliver the goods and to determine the type of shipping and packaging within the framework of the contractual agreements at our reasonable discretion.

  3. We will deliver the goods to you within the agreed delivery period. The delivery of the goods takes place according to the respective delivery period, which we inform during the ordering process and to which you refer when placing your order.

    If there is no information there, the following applies:

    1. The goods are ready for dispatch.
    2. Delivery takes place within a maximum of seven calendar days (delivery period).

    The delivery period begins

    1. in the case of payment in advance on the day after receipt of payment on our account,
    2. for all other payment methods, one calendar day after the day on which the contract was concluded.
  4. If we are in default with the delivery, you must give us a reasonable grace period, which must not be less than two weeks. You are only entitled to withdraw from the contract after this grace period has expired without success.

  5. If, as a result of force majeure, we cannot deliver the goods specified in the order to you on time, we will inform you immediately and at the same time inform you of a new delivery period that is appropriate for the circumstances. If we are unable to deliver the goods within the new delivery period due to force majeure, we are entitled to withdraw from the contract. We will immediately reimburse any payments you have already made. An incident for which we are responsible does not constitute force majeure.

8. Reservation of ownership

We reserve ownership of the goods until the purchase price has been paid in full.

9. Return

If you are a consumer, you are obliged to return the goods when exercising your right of withdrawal (Section 10 of our ToS). You bear the direct costs of returning the goods in the event of cancellation.

10. Widerrufsrecht

  1. Widerrufsbelehrung

    If you are a consumer, you are obliged to return the goods when exercising your right of withdrawal (Section 10 of our ToS). You bear the direct costs of returning the goods in the event of cancellation.

    Cancellation policy / Right of withdrawal

    You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

    In order to exercise your right of withdrawal, you must inform us,

    Rokkr AG
    Morgartenstraße 3
    CH-6003 Lucerne
    
    E-Mail: support@rokkr.net
    

    by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached withdrawal form template for this purpose, but this is not mandatory.

    To meet the deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

    Consequences of cancellation

    If you withdraw from this contract, we are obliged to reimburse you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

    We can refuse the reimbursement until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

    You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. Return address:

    Rokkr GmbH
    Kattenstrasse 143a
    D-47475 Kamp-Lintfort
    

    The deadline is met if you send the goods before the period of fourteen days has expired.

    You bear the direct costs of returning the goods.

    You only have to pay for any loss in value of the goods if this loss in value is due to any handling by you that exceeds the necessity to check the nature, properties and functionality of the goods.

    [End of right of withdrawal]

  2. Widerruf durch Rücksendung der Ware

    You can also revoke the contract by simply returning the goods. If you should send the goods back to us within the statutory cancellation period without any declaration, we will consider this to be a cancellation of the contract.

  3. Withdrawal form.

    Sample withdrawal form

    (If you want to cancel the contract, please fill out this form and send it back.)

    Rokkr GmbH
    Kattenstrasse 143a
    D-47475 Kamp-Lintfort
    
    
    I/we (---) hereby revoke the contract concluded by me / us (---) for the purchase of the following goods (---)/the provision of the following service (---)
    
    
    __________________________________
    Ordered on (*) / received on (*)
    
    __________________________________
    Name of the consumer (s)
    
    __________________________________
    Address of the consumer (s)
    
    __________________________________
    Signature of the consumer (s) (only when notified on paper)
    
    __________________________________
    Date
    
    (*) Cross out if inapplicable
    

11. Your rights as a customer in the event of defects in the goods

We have to provide you with the goods free of material and legal defects. For defects in the delivered goods, you are entitled to your rights in accordance with the applicable statutory provisions, unless something different has been agreed. Deviating from sentence 2, the provisions under item 12 of our ToS apply to our liability for compensation for damage or expenses. Legal warranty periods apply.

12. Liability

  1. We are liable without contractual limitation according to the legal regulations
    1. for damage based on a breach of a guarantee we have assumed;
    2. because of intent;
    3. for damage based on the fact that we have fraudulently concealed a defect;
    4. for damages resulting from injury to life, limb or health, which are based on an intentional or negligent breach of duty by us or otherwise on intentional or negligent behavior of a legal representative or vicarious agent;
    5. for damages other than those listed under number 4, which are based on an intentional or grossly negligent breach of duty by us or otherwise on willful or grossly negligent behavior of a legal representative or vicarious agent;
    6. according to the product liability law;
    7. according to data protection law.
  2. In cases other than those listed in paragraph 1, our liability is limited to the replacement of the contract-typical and foreseeable damage, insofar as the damage is based on a negligent breach of essential obligations by us or by a legal representative or vicarious agent of ours. Essential obligations ("cardinal obligations") are obligations, the fulfillment of which enables the proper execution of the contract in the first place and which you as a customer regularly trust and can trust to be observed, e.g. the obligation to deliver defect-free goods.
  3. In cases other than those listed in paragraphs 1 and 2, liability on the part of negligence is excluded.
  4. The objection of contributory negligence remains unaffected.
  5. The above provisions under this section of our General Terms and Conditions apply to all contractual and non-contractual claims for damages regardless of their legal basis and accordingly also to liability for reimbursement of wasted expenses.

13. General provisions

  1. Swiss law applies to the contract to the exclusion of the UN Sales Convention and to the exclusion of referrals and referrals. However, the choice of law does not apply to the extent that you as a consumer would be deprived of the protection granted to you by those provisions from which, according to the law of the state in which you as a consumer have your habitual residence, may not be deviated from by agreement.
  2. Should a provision of the contract be wholly or partially ineffective, this shall not affect the legal validity of the remaining provisions of this contract.

Appendix

I. Online settlement of consumer disputes; OS platform

The European Commission has to provide a European platform for online dispute resolution ("OS platform").

The OS platform is available on the Internet at the following Internet address:
http://ec.europa.eu/consumers/odr/

Our email address, which you can use to contact us, is:
support@rokkr.net

II. Dispute settlement procedure before consumer arbitration boards

We point out that we are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the Consumer Dispute Settlement Act.

III. Mandatory information for customers for contracts in electronic business transactions (in accordance with Section 312d Paragraph 1 BGB in conjunction with Art. 246a Section 1 EGBGB)

  1. The individual technical steps that lead to the conclusion of the contract are shown in section 3 of our ToS.

  2. The text of the contract, i.e. your order data and our terms and conditions in the version applicable at the time the contract was concluded, will be stored by us for the implementation of the contract with you after the contract is concluded.

    You can archive the order data by saving the web page that is displayed to you at the end of your order and our e-mail to confirm receipt of your order.

    As long as we continue to apply the ToS in the version applicable at the time the contract was concluded, you can access them via our online offer within the scope of its availability (under https://www.rokkr.net/doc/tos).

    However, in the event of future changes to the General Terms and Conditions, we reserve the right to only publish the latest amended version on our website and to keep it available for retrieval.

    You can print out and save all order data and contract texts by using the usual functions of your browser, e.g. under "File" and "Save as".

  3. How you can recognize and correct input errors before submitting your contract declaration is shown in section 3 of our ToS.

  4. As contract language English will be available besides German.

  5. We have submitted to the following codes of conduct:

    • Code of Conduct “Euro-Label Germany” (available on the Internet at http://www.euro-label.com/kodex/index.html)
    • "Trusted Shops Code of Conduct" (You can access the Trusted Shops Code of Conduct at www.trustedshops.de)

IV. Mandatory information for consumers (according to § 312d Abs. 1 BGB in conjunction with Art. 246a § 1 EGBGB)

  1. Information about us as a contractual partner

    Rokkr AG
    Address: Morgartenstraße 3, 6003 Lucerne, Switzerland
    Email: support@rokkr.net

  2. Information about the goods

    Essential properties of the Rokkr TV-Box are shown in section 2 of our ToS as well as in the presentation of goods in our online shop and during the ordering process.

    In accordance with Section 3 of our ToS, we reserve the right to conclude the purchase contract, i.e. to reject the acceptance of the order, in the event that the ordered goods are not available. In accordance with Section 7 of our ToS, we also reserve the right to withdraw from the contract in the event that the goods are not available.

  3. Information on the price and other costs

    The total price of the goods including all associated price components as well as all taxes paid by us (see section 3 of our ToS) are communicated to the customer separately in our online shop and during the ordering process.

    When delivering the goods, the customer may incur shipping costs (section 6 of our ToS).

    If the customer incurs shipping costs, we will inform the customer of the specific amount in good time before the conclusion of the purchase contract in our online shop and in the course of the ordering process.

    The customer bears all additional costs for the use of means of distance communication (e.g. Internet for the conclusion of the contract). We do not invoice these costs.

  4. Information on terms of payment and delivery

    Details of the delivery conditions are set out in sections 4 and 7 of our ToS and details of the payment conditions under section 5 of our ToS.

    We will provide further information on this, in particular the date or the deadline for delivery, on the respective product pages in our online shop and in the course of the ordering process.

  5. Information on the right of withdrawal

    If the customer is a consumer, he is entitled to cancel in accordance with the statutory provisions and the cancellation policy in accordance with Section 10 of our ToS.

  6. Information about liability for defects and guarantees

    There is a statutory right to liability for defects for the goods. The rights of the customer in the event of defects in the goods are based on Section 11 of our ToS. The limitation of our liability is based on clause 12 of our ToS.

    There are no guarantees.

  7. Customer service information

    Our customer service (e.g. for questions, complaints and complaints) can be reached as follows:

    1. Postal address: Rokkr AG, Customer Service, Morgartenstrasse 3, 6003 Lucerne, Switzerland
    2. Email: support@rokkr.net
  8. Code of Conduct

    We have submitted to the following codes of conduct:

    1. Code of Conduct “Euro-Label Germany” (available on the Internet under http://www.euro-label.com/kodex/index.html)
    2. "Trusted Shops Code of Conduct" (You can find the Trusted Shops Code of Conduct under www.trustedshops.de)