Article 1: Subject of the contract and subject of the terms and conditions
The present terms and conditions govern the contractual relation between ROM AG, registered in the Crossroads Bank for Enterprises under no. 0441-826-783 with registered office in 4700 EUPEN, Industriestrasse 38, and the customer who wants to buy products of the manufacturer LCK GmbH with registered office in Im Unterfeld 2, D-76698 Ubstadt-Weiher online via ROM AG's shop.
The present terms and conditions define all selling arrangements, payment arrangements and delivery arrangements between ROM AG and the customer.
These terms and conditions also govern all steps necessary from order to delivery.
Article 2: Identity
Trade name: A.G. ROM
VAT number: BE0441.826.783
Registered office: 4700 EUPEN, Industriestrasse 38
Email address: firstname.lastname@example.org
Article 3: Acceptance of the terms and conditions
Both parties agree that their contractual relation is solely governed by the present terms and conditions with the complete exclusion of any previous terms and conditions.
The buyer can only claim a specific condition of sale if ROM AG previously explicitly accepted this condition in writing.
Any condition that is not provided in the terms and conditions and that the client wants to claim shall therefore not be enforceable against ROM AG except if it was previously explicitly accepted.
As from the date of the customer's order of a product, he accepts the present terms and conditions in their integrity and without reservation.
Before confirming an order, the customer must confirm that he has taken note of and agreed to the terms and conditions by clicking "I have read the terms & conditions and I agree with them".
The present terms and conditions shall be applicable to any legal action regardless of the product's destination.
Article 4: Contractual period
The contract runs for a period of one delivery, subject to a notice period of two weeks.
Article 5: Collection of personal data
By visiting and using the online shop to buy products, the customer accepts the collection of his personal data by ROM AG for data that is necessary for purchase - sale.
ROM AG collects the following personal data which the client communicates voluntarily and deliberately:
Necessary for the ordering and purchase process:
Address (street name, house number, postal code, town)
ROM AG needs this data to be able to dispatch the goods to the customer and - if necessary - clarify comments or requests via email communication.
ROM AG guarantees that the collected data will not be disclosed or sold to a third party.
Collected data will be stored by ROM AG for as long as necessary to complete the purchase agreement.
ROM AG guarantees that a wide range of security technologies and procedures are in use to help secure personal data from unauthorized access, unauthorized use or disclosure.
The customer will have the right to access his personal data in order to correct or update it.
ROM AG does not store any information about the customer which is outdated or no longer needed according to the data protection guidelines.
ROM AG grants the customer to withdraw his consent to the collection of personal data by email.
Article 6: Ordering process
The contract is solely conducted within electronic commerce handled through the online shop system of ROM AG.
The ordering process that leads to entering a contract includes the following steps in this shop system:
Article 7: Conclusion of contract
- Selection of products in desired specification (quantity, size)
- Placement of product in the shopping cart
- Click on button "Order"
- Entering of billing and shipping address
- Selection of payment method
- Specific information on payment method (card numbers, login data, etc.)
- Review and follow up on the order and given information
- Click on button "Chargeable order"
- Email confirmation on receiving order
- The contract is concluded by mailing the order confirmation
The presentation of products in the online shop does not represent a legally binding offer but a non-binding online catalogue.
Only by clicking the button "Chargeable order" does the customer place a legally-binding order of the products placed in his shopping cart.
The confirmation of receiving this order is given at the same time as the acceptance of the order which is right after the order was submitted by receipt of an automated email.
The contract is entered with this email confirmation.
Article 8: Price and payment arrangements
Prices quoted in the online shop include all taxes and costs. Shipping costs vary upon country of dispatch and are separately listed. The total price, comprising the product price, shipping costs and value added tax where applicable, is listed for the customer before he confirms his order.
Value added tax is only indicated for product delivery within Belgium.
Prices are given and also payable in Euros.
We solely offer the following payment options free of charge:
- Credit card (Visa, Master card)
Payment obligations are only deemed to be fulfilled once we may definitely dispose over the equivalent of our claim.
If payment is made by credit card, the customer's card is charged upon order completion.
Article 9: Conditions of delivery
9.1. Delivery period
Delivery of ordered products is only made after payment has been received by ROM AG.
Different delivery periods are listed separately under the heading "Conditions of delivery" on the online shop's website. They vary depending on the place of delivery indicated by the customer.
ROM AG tries to comply with the mentioned delivery periods in days:
Austria: 2 Days
Belgium: 1 Tag
Bulgaria: 4 Days
Croatia (Islands): 4 Days
Croatia: 6 Days
Czechia: 3 Days
Denmark (Islands): 4 Days
Denmark: 2 Days
Estonia: 4 Days
Estonia (Islands): 6 Days
Finland (Islands): 4 Days
Finland: 4 Days
France (Islands): 3 Days
France: 2 Days
Germany (Islands): 4 Days
Germany: 2 Days
Greece (Inseln): 8 Days
Greece: 6 Days
Hungary: 3 Days
Ireland: 3 Days
Italy: 3 Days
Italy (Islands): 5 Days
Latvia: 4 Days
Liechtenstein: 3 Days
Lithuania: 4 Days
Luxembourg: 1 Tag
Monaco: 3 Days
Netherlands (Islands): 3 Days
Netherlands: 1 Tag
Norway: 3 Days
Norway (Islands): 5 Days
Poland: 3 Days
Rumania: 4 Days
Serbia: 6 Days
Slovakia: 3 Days
Slovenia: 2 Days
Spain (Islands): 4 Days
Spain: 3 Days
Sweden: 3 Days
Sweden (Islands): 5 Days
Switzerland: 3 Days
The delivery periods mentioned on the website are not legally binding and the customer accepts a proportionate grace period.
Unforeseen events like traffic disruptions, changes in weather conditions, wrongly stated delivery address, strike or any other force majeure exempt the seller from delivering for the duration of the interference or may even exempt him from the contract, depending on the impact of these events.
The seller cannot be held liable for these unforeseen events.
9.2. Delivery costs
Delivery costs are to be borne by the buyer.
The customer will be informed about the exact amount of delivery costs before the order is final.
In case of delivery to another country than Belgium, customs duty and applicable taxes are to be borne by the buyer.
9.3. Transfer of risks
ROM AG assumes transfer of risks regarding loss or damage of the product during transport up until delivery.
If the customer notices damage at delivery, this damage shall be claimed on the receipt.
Otherwise, delivery shall be considered complete.
Article 10: Liability
Liability of ROM AG cannot be claimed for problems resulting from using the web shop, meaning the potential presence of a virus or any force majeure.
ROM AG can also not be held liable for damages resulting from wrong use or wrong operation of the product.
In any case, ROM AG's liability is limited to the value of the order and liability for negligent mistakes or failures cannot be claimed.
Liability of ROM AG can also not be claimed for the customer's absence at product delivery.
ROM AG cannot be held responsible for non-performance of the contract on the basis of non-availability of the product, if this should happen on the ground of force majeure.
Article 11: Retention of title
As long as goods have not been paid for integrally, they remain property of ROM AG.
Article 12: Complaints and renunciation
Complaints regarding obvious material defects, scope of delivery, quantity deviation or incorrect delivery as well as the renunciation of the contract (without giving reasons) must be claimed by registered mail or email -ROM AG has to confirm receipt of email - without delay, at the latest though, within 14 days after receipt of the goods.
Within 14 days after written notice, the buyer must return the goods and bear all delivery costs.
Following the arrival of the goods, ROM AG will refund the integral purchase price to the customer, given that the latter did not damage or devalue the product through unnecessary and disproportionate manipulation or use.
Article 13: Warranty
ROM AG guarantees to do their best to grant product quality and guarantees a minimum product durability of 36 moths starting at production date to the customer, pointing out that the manufacturer LCK GmbH assumes ultimate responsibility for this.
The customer must test all products on a hidden spot for compatibility before use.
Article 14: Nullity of a stipulation
The nullity of a stipulation in these general terms and conditions due to changes in legislation or due to judicial decision shall not undermine the validity of the remaining present terms and conditions.
Article 15: Place of jurisdiction
Belgian law is applicable on the contractual relation between ROM AG and the customer.
In case of a legal dispute, the client has to contact ROM AG first with regard to an amicable settlement.
Should an amicable settlement not be reached, courts in the judicial district of Eupen bear responsibility, regardless of the place of delivery and payment terms.
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