Terms of Service

of ROOQ GmbH

 

• 1 Validity

For all purchase contracts of ROOQ GmbH (hereinafter referred to as "ROOQ") based on online orders via the online shop and for all completed subscriptions for coaching at www.rooq.de the following general terms and conditions (hereinafter “GTC”) apply exclusively. The customer's terms and conditions do not apply, even if they are not expressly contradicted. www.coach.rooq.de

 

• 2 Conclusion of the purchase contract

1. All offers in the online shop are non-binding and only include a non-binding invitation to the customer to submit a contract offer.
2. Subscribing to the Coaching Zone also requires registering in the Coaching Zone and creating a corresponding profile . In addition, registration in the online shop is required for the administration of purchased subscription products (cf. § 8).
3. The customer's online order is a binding offer to conclude a purchase contract for the ordered goods or to conclude a subscription for the selected subscription products. By clicking on the “Order now” website /CZ button at the end of the ordering process, the offer that is binding for the customer is sent to ROOQ.
4. After receipt of this order, ROOQ will send the customer a confirmation of receipt by email. This mere confirmation of receipt does not constitute acceptance of the offer.
5. A purchase contract for the ordered goods is only concluded if ROOQ has sent the customer a contract confirmation or invoice by email within 5 days or has carried out the delivery. A contract for the subscription is only concluded if ROOQ has emailed the customer a confirmation link to activate the subscription within 5 days.
6. The contract for the purchase of the ordered goods is concluded subject to complete and timely delivery to ourselves. This reservation does not apply to short-term delivery disruptions or to cases in which ROOQ is responsible for non-delivery. It therefore only applies in cases in which ROOQ cannot receive the goods through no fault of its own, despite the conclusion of a congruent hedging transaction. ROOQ will immediately inform the customer about the non-availability of the goods. Payments already made by the customer will be refunded immediately.

• 3 input errors

1. The customer can correct his entries before submitting his order using the "Back" button. The corrections can also be made directly on the previous order page in the corresponding input fields using the usual keyboard and mouse functions (back button of the browser). The order can still be changed from the shopping cart before placing an order. After clicking the "Order now" button, a correction is no longer possible.
2. In addition, input errors can also be corrected by aborting the purchase process and starting the order process again.

 

• 4 contract language

German and English are available for the conclusion of the contract.

 

• 5 prices and shipping costs; return costs

1. All prices are given in the currency specified in the offer. The prices are to be understood as final prices within the EU, i.e. they include all price components including the applicable tax. For inquiries outside the EU, the respective net price is displayed. In addition to the stated product prices, there may be shipping costs and, if goods are delivered outside the EU, customs duties. You can find more information about the amount of shipping costs and applicable customs duties in the offer.
2. In the event of an effective revocation of the contractual declaration (see the section on revocation instructions), ROOQ will also reimburse any shipping costs for the delivery, provided that these are not additional costs that have arisen because the customer has opted for a type of delivery other than standard delivery (e.g. urgent or express surcharges).

 

• 6 payments

1. The price for completed subscriptions is due for the following 30 days in advance (see § 8 for the term).
2. ROOQ only accepts the payment methods shown during the ordering process. No additional costs are charged for any payment method. Bank fees may be charged by the bank for transfers from abroad.
3. In principle, the following payment methods are available: the credit cards specified in the online shop, SEPA direct debit, PayPal, Amazon Pay or Sofort.

If you choose to pay by credit card or direct debit, the required information must be sent to ROOQ when the order is placed.

If the PayPal payment method is agreed, the customer will be automatically forwarded to PayPal's secure payment form after submitting the order. If the customer already has a PayPal account, he can log in. Otherwise, there is an option to click Create Account and follow the instructions.

When paying with Amazon Pay, the customer can use his address and payment data stored at Amazon. After clicking on the Amazon Pay button, the customer enters their Amazon e-mail address and password, thereby completing the ordering process.

If the customer chooses Sofort as the payment method, he needs an account number, bank code, PIN and TAN. After submitting the order, the customer is automatically forwarded to the secure payment form of Sofort GmbH - A Klarna Group Company. Immediately afterwards he receives the transaction confirmation. ROOQ receives the transfer credit immediately. In principle, every Internet user can use Sofortüberweisung as a payment method if he has an activated online banking account with a PIN/TAN procedure. Please note that instant transfer is not yet available at a few banks. You can find more information about whether your bank supports this service here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/

4. Restrictions in the selection of payment methods may arise as a result of the credit check.
5. The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by ROOQ. Excluded from this are counterclaims by the customer from the same contractual relationship. The customer is only entitled to a right of retention if it is based on the same contractual relationship.
6. When importing goods to countries outside of There may be export restrictions and import duties and taxes may apply, which the customer must bear. These vary in different customs areas. The customer is responsible for the proper payment of the necessary duties, taxes and fees.

 

• 7 Delivery of Goods

1. The choice of shipping route and shipping method is at the discretion of ROOQ.
2. If ROOQ does not have the ordered goods in stock - for example due to high demand - the customer will be informed immediately about the delay caused by the repeat order. The customer's statutory rights in the event of a delay in delivery remain unaffected.
3. If the delivery address given by the customer is incomplete or incorrect and this causes ROOQ to incur additional costs for shipping, e.g. additional shipping costs, the customer must reimburse ROOQ for these.

 

• 8 subscriptions: service content, product change, term and cancellation

1. The customer can choose between subscriptions with a different number of available seats. He can assign each seat to an athlete with whom he has an athlete-coach relationship (STB). In order to set up an STB, the customer and the desired athlete must open a corresponding data release via the coaching zone rooq.de or via the Rooq app. With the corresponding data release by the athlete, the customer receives the athlete's data and the opportunity to create training plans in the coaching zone and to communicate with the athlete .
2. After the first registration in the Coaching Zone, the customer can start 2 free months for one (1) STB. This free period ends at the end of 2 months without the need for a notice of termination if the customer does not sign a contract for a subscription before the end of the free period .
3. Registration in the online shop is required to manage completed subscriptions. Registration takes place using the so-called double opt-in procedure. After clicking on the "Register" button, the customer will receive an e-mail with a confirmation link at the e-mail address provided. After clicking on this confirmation link, the registration is complete.
4. Each subscription has a term of 30 days. It is extended by a further 30 days if it is not canceled at least 3 days before the end of the term. The termination takes place in the subscription shop under the link "Settings" - "Manage subscriptions".
5. Once a Subscription Seat has been assigned to an Athlete, it cannot be assigned to another Athlete until at least 30 days later. The same applies if the STB between the customer and the athlete is terminated: the respective seat becomes free again and can be occupied again, provided that the seat has been used for at least 30 days.
6. After termination of a subscription, the customer no longer receives any data from the athlete and can no longer set training plans, etc. for the athlete.

 

• 9 product change at

1. Subscription increase: In order to add more seats to an existing subscription, the customer must buy the desired larger subscription in the subscription shop under Settings or change their subscription (“Manage subscriptions” – “Change subscriptions”). With the conclusion of the contract, the term of the new subscription begins (cf. § 8) and the additional seats are available to the customer. The price already paid for the smaller subscription for the remaining term will not be credited.
2. Subscription reduction: In order to reduce an existing subscription in terms of the number of seats, the customer must make a corresponding change in his settings ("Manage subscriptions" - "Change subscriptions"). When the subscription is reduced, the new subscription begins and will be charged accordingly. Any unused price for the larger subscription will not be credited.

 

• 10 Warranty

1. Information on the goods offered is not a guarantee for the quality of the goods unless they are expressly designated as such.
2. The statutory warranty provisions apply.

 

• 11 Damages

1. In all cases in which ROOQ is obliged to pay damages or reimbursement of expenses due to contractual or legal grounds for a claim, ROOQ is only liable if it, its executives and vicarious agents are guilty of intent, gross negligence or injury to life, limb or health. No-fault liability under the Product Liability Act remains unaffected. Liability for the culpable breach of essential contractual obligations (=such as those that the purchase contract wants to impose on the seller according to its content and purpose or the fulfillment of which makes the proper execution of the purchase contract possible in the first place and on compliance with which the customer regularly relies and relies) remains unaffected may). In this respect, however, liability is limited to the foreseeable, contract-typical damage, except in the cases of sentences 1 and 2. A change in the burden of proof to the detriment of the customer is not associated with the above regulations.
2. Insofar as the liability for damages towards ROOQ is excluded or limited, this also applies with regard to the personal liability for damages of employees, employees, employees, representatives and vicarious agents.

 

• 12 Retention of Title

The goods remain the property of ROOQ GmbH until the final payment of the purchase price plus shipping costs.

 

• 13 Right of Withdrawal

1. If the customer concludes the contract as a consumer, i.e. for a purpose that is predominantly neither commercial nor self-employed, the customer has a right of withdrawal in accordance with the Right of withdrawal.

 

• 14 Governing Law, Jurisdiction

1. The law of the Federal Republic of Germany applies exclusively to all claims arising from the contract, excluding the UN sales law. If the customer is a consumer within the meaning of § 13 BGB and has his habitual residence abroad, mandatory provisions of this state remain unaffected.
2. If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Aachen is the exclusive place of jurisdiction for all claims in connection with the business relationship.

 

• 15 Information according to Section 36 of the Consumer Dispute Settlement Act (VSBG)

ROOQ GmbH is neither willing nor obliged to participate in dispute settlement procedures before a consumer arbitration board.

 

• 16 Contract Storage

ROOQ saves the text of the contract and sends the customer the order data and these general terms and conditions by email. The terms and conditions can also be found here at any time http://www.rooq.de/AGB be viewed. For security reasons, the customer's order data is no longer accessible via the Internet. The customer can view his previous orders in his login area, provided that he has registered as a customer and logged in to the website with his customer data.

 

GTC VOUCHERS

Addition to the use of vouchers and discount codes

Redemption and Application

 

• 100% discounts are valued as vouchers
• Gift vouchers can be redeemed up to the end of the third year after purchase of the voucher
• Gift vouchers can only be redeemed in the ROOQ online shop for products that are approved for purchase with vouchers
• Only one gift voucher can be used on each order. Multiple vouchers cannot be combined.
• 100% discounts are only applicable to one product.
• When redeeming, the terms and conditions and data protection regulations of the respective page apply.
• 100% discounts or vouchers cannot be exchanged for money.
• Subsequent crediting of the voucher or discount code is not possible.
• Vouchers or discount codes may not be resold.
• Vouchers or discount codes cannot be exchanged.

 

 

 

Liability and Risk of Loss

 

• ROOQ GmbH assumes no liability for spelling errors in the e-mail address of the voucher recipient.
• Likewise, no liability is assumed for loss, theft, misuse or delayed transmission (e.g. due to technical difficulties) of gift vouchers.

 

Fraud

 

• In the event of fraud, attempted deception or suspicion of other illegal activities in connection with a gift voucher purchase or voucher redemption, ROOQ GmbH is entitled to close the relevant customer accounts and/or to request an alternative method of payment, or to cancel them. There is no entitlement to activation or payment of affected vouchers.