Terms of service

Please note that is an automatic translation from the original stated in german.

 

Terms of Service

of ROOQ GmbH

 

  • 1 Validity

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

 

  • 2 Conclusion of the sales contract
  1. All offers in the online shop are non-binding and only contain a non-binding invitation to the customer to submit a contract offer.
  2. To take out a subscription for the coaching zone, you must also register in the coaching zone and create 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 goods ordered or to conclude a subscription for the selected subscription products. By clicking the button “Order now” website / CZ at the end of the ordering process, the binding offer 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 yet constitute an acceptance of the offer.
  5. A purchase contract for the ordered goods is only concluded when ROOQ has sent the customer a contract confirmation or invoice by email within 5 days or has carried out the delivery. A subscription contract is only concluded when ROOQ has sent the customer a confirmation link via email within 5 days to activate the subscription.
  6. The conclusion of a contract for the purchase of the ordered goods is subject to complete and timely delivery to us. 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 inform the customer immediately about the unavailability of the goods. Payments already made by the customer will be reimbursed immediately.
  • 3 Input errors
  1. The customer can correct his entries before submitting his order with the help of the "Back" button. The corrections can also be made using the usual keyboard and mouse functions (back button of the browser) directly on the previous order page in the corresponding input fields. The order can still be changed from the shopping cart before an order is placed. Corrections can no longer be made after clicking the “Order now” button.
  2. In addition, input errors can also be corrected by canceling the purchase process and restarting the order process.

 

  • 4 contract language

The German and English languages 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 as final prices, 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 as well as customs duties for deliveries of goods outside the EU. You can find more information on the amount of shipping costs and applicable customs duties in the offer.
  2. In the event of an effective revocation of the contract declaration (see point on cancellation policy), ROOQ will also refund any shipping costs for the delivery, provided that these are not additional costs that have arisen because the customer has opted for a different type of delivery than the standard delivery has (e.g. express or express surcharges).

 

  • 6 Payments
  1. The price for completed subscriptions is due for the following 30 days in advance (for the duration, see § 8).
  2. ROOQ only accepts the payment methods indicated 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 payment method PayPal is agreed, the customer will automatically be redirected to PayPal's secure payment form after submitting the order. If the customer already has a PayPal account, he can log in. Otherwise, you have the option of clicking on Set up an account and following the instructions.

When paying with Amazon Pay, the customer can use the address and payment data stored on Amazon. After clicking on the Amazon Pay button, the customer enters his Amazon email address and password and completes the order 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 from Sofort GmbH - A Klarna Group Company. Immediately afterwards, he will receive a confirmation of the transaction. ROOQ receives the transfer credit immediately. In principle, every internet user can use the instant transfer as a payment method if they have an activated online banking account with PIN / TAN procedure. Please note that the immediate transfer is not yet available at a few banks. You can find more information on whether your bank supports this service here: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-rechner/

  1. Restrictions in the choice of payment methods may arise as a result of the credit check.
  2. The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by ROOQ. This does not apply to 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.
  3. When importing goods into countries outside the There may be export restrictions and import duties and taxes that the customer has to 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 the dispatch route and the dispatch type is at the discretion of ROOQ.
  2. If ROOQ does not have the ordered goods in stock - e.g. due to high demand - the customer will be informed immediately of the delay caused by the reorder. The statutory rights of the customer 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 results in additional costs for ROOQ, e.g. new shipping costs, the customer must reimburse these ROOQ.

 

  • 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-trainer relationship (STB). In order to set up an STB, the customer and the desired athlete must release data via the coaching zone rooq.de or via the Rooq app. If the athlete releases the data accordingly, the customer receives the athlete's data and the opportunity to create training plans in the coaching zone and to share them with the athlete .
  2. After first registering in the coaching zone, the customer can start 2 free months for one (1) STB. This free period ends with the expiry of 2 months without the need for cancellation, unless the customer signs a contract for a subscription before the expiry of the free period .
  3. Registration in the online shop is required to manage subscriptions that have already been concluded. Registration takes place in the so-called double opt-in procedure. After clicking the “Register” button, the customer will receive an e-mail with a confirmation link at the e-mail address given by him. After clicking 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. If a seat has been assigned to an athlete as part of a subscription, it can only be assigned to another athlete 30 days later at the earliest. The same applies if the STB between the customer and the athlete is ended: the respective seat becomes free again and can be re-occupied, provided the seat has been used for at least 30 days.
  6. After canceling a subscription, the customer no longer receives any data from the athlete and can no longer set any training plans, etc. for the athlete.

 

  • 9 Product change at
  1. Subscription enlargement: In order to expand an existing subscription with additional seats, the customer must buy the desired larger subscription or change his subscription in the subscription shop under Settings ("Manage subscriptions" - "Change subscriptions"). With the conclusion of the contract, the term of the new subscription begins (cf. § 8) and the other seats are available to the customer. The price already paid on the smaller subscription for the remaining term will not be offset.
  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 is billed accordingly. Any unused price for the larger subscription will not be credited.

 

  • 10 Warranty
  1. Information on the offered goods are no guarantees for the quality of the goods, unless they are expressly designated as such.
  2. The statutory warranty provisions apply.

 

  • 11 Compensation for Damages
  1. In all cases in which ROOQ is obliged to pay damages or reimbursement of expenses due to contractual or legal claims, ROOQ is only liable if it, its executives and vicarious agents are guilty of intent, gross negligence or injury to life, body or health. The no-fault liability under the Product Liability Act remains unaffected. Liability for the culpable breach of essential contractual obligations (= such as those that the sales contract intends to impose on the seller according to its content and purpose or the fulfillment of which enables the proper execution of the sales contract in the first place and compliance with which the customer regularly trusts and trusts) also remains unaffected allowed). 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. As far as the liability for damages towards ROOQ is excluded or limited, this also applies with regard to the personal liability for damages of the employees, workers, employees, representatives and vicarious agents.

 

  • 12 Reservation of Title

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

 

  • 13 Right of withdrawal
  1. If the customer concludes the contract as a consumer, i.e. for a purpose that can predominantly neither be attributed to his commercial nor his independent activity, the customer has a right of withdrawal in accordance with the Right of withdrawal.

 

  • 14 Applicable law, place of 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 country remain unaffected.
  2. If the customer is a merchant within the meaning of the 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 in accordance with Section 36 of the Consumer Dispute Settlement Act (VSBG)

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

 

  • 16 Contract storage

ROOQ saves the contract text 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 can be viewed. For security reasons, the customer's order details are 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 on to the website with his customer data.

 

As of 10/2021