General Terms and Conditions

1.1 All deliveries and services based on an order placed in the web shop, accessible at shop.blackroll.de (hereinafter also referred to as the “online shop”), are provided exclusively in accordance with the following General Terms and Conditions in the version valid at the time of the order. Unless expressly agreed otherwise, any deviating terms and conditions shall not apply.
1.2 “Purchasers” as defined in these General Terms and Conditions may be either consumers or business entities. Consumers, as defined in these General Terms and Conditions, are natural persons who place an order for a purpose that is predominantly neither related to their commercial nor their self-employed professional activity. Business customers, as defined in these General Terms and Conditions, are natural or legal persons or partnerships with legal capacity who, at the time of concluding the contract, are acting in the course of their commercial or self-employed professional activity.
1.3 The operator of the online store and the contracting party for orders placed through it is BLACKROLL® AG, Hauptstraße 17, CH-8598 Bottighofen, Switzerland, represented by its Managing Director Scott Zalaznik, Tel. +49 (0)7141 696 2559, fax +49 (0)7141 309 8853-9, [email protected], Commercial Register: Canton of Thurgau, Company Identification Number (UID)/Company Number: CHE-228.574.355 (hereinafter also “BLACKROLL®”).

2.1 The presentation of goods in the online store does not constitute a binding offer by BLACKROLL® to enter into a contract, but merely a non-binding invitation to place an order.

2.2 Only individuals who are at least 18 years of age may place orders. Goods are supplied only in quantities customary for household use.

2.3 The customer may select goods in the online store and add them to the shopping cart by clicking the “Add to Cart” button. Input errors may be corrected using the “Review Order” button and standard keyboard and mouse functions until the “Place Order” button is clicked. By clicking the “Place Order” button, the customer submits a binding offer to purchase the goods in the shopping cart.

2.4 Upon receipt of the order, BLACKROLL® will send an automatic confirmation of receipt to the email address you provided. This automatic confirmation of receipt does not constitute acceptance of the order; it merely documents that the order has been received by BLACKROLL®.

2.5 The contract with BLACKROLL® is not concluded until BLACKROLL® confirms to the customer the acceptance and processing of the order, as well as the shipment of the goods, via a separate email (order/shipping confirmation).

2.6 If delivery of the ordered goods is not possible—for example, because the relevant goods are out of stock—BLACKROLL® will not issue an order/shipping confirmation. In this case, a contract is not formed. BLACKROLL® will inform the customer of this immediately and will promptly refund any payment already received. The customer has the option, in consultation with customer service, to have the goods delivered at a later date.

BLACKROLL® stores the order and the order data entered in accordance with legal requirements. The order data can be printed by the customer immediately after placing an order in the online store, provided the order was placed by clicking the “Place Order” button. If the customer has registered as a user in the online store, they can access their order data in the online store under “My Account.” If the customer has not registered as a customer in the online store and wishes to receive their order details, they may contact [email protected] via email.

If the customer is a consumer, they are entitled to the following right of withdrawal:

Withdrawal Policy

Right of Withdrawal

To exercise your 14-day right of withdrawal, you must contact us

as the customer with a shipping address in Germany or other countries via the following contact information: BLACKROLL AG c/o Fiege Logistik Stiftung & Co.KG, Märkische Allee 15, 14979 Großbeeren, Germany, [email protected]

by means of a clear statement (e.g., a letter sent by mail, telephone, fax, or email) regarding your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, though its use is not mandatory.

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

Consequences of Withdrawal

If you withdraw from this contract, we must refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same payment method you used for the original transaction for this refund, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.

You must return the goods immediately and, in any case, no later than fourteen days from the day on which you notify us of your cancellation of this contract,

as the purchaser with a shipping address in Germany or other countries, using the following contact information: BLACKROLL AG c/o Fiege Logistik Stiftung & Co.KG, Märkische Allee 15, 14979 Großbeeren, Germany, Tel. +49 (0)7141 696 2559, Fax +49 (0)7141 309 8853-9, [email protected]

return or hand over the goods.

The deadline is met if you ship the goods before the fourteen-day period expires. You are responsible for the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss is attributable to handling of the goods that goes beyond what is necessary to assess their condition, characteristics, and functionality.

End of the Cancellation Policy

Sample Withdrawal Form

(If you wish to cancel the contract, please fill out this form and return it)

Customers with a shipping address in Germany or other countries:

BLACKROLL AG c/o Fiege Logistik Stiftung & Co.KG, Märkische Allee 15, 14979 Großbeeren, Germany, Tel. +49 (0)7141 696 2559, Fax +49 (0)7141 309 8853-9, [email protected]

5.1 Shipping costs are listed here and are also automatically calculated during the ordering process and displayed to the customer.

5.2 Prices are listed in euros (EUR).

5.3 Unless otherwise stated in the product description, the prices listed in the online store are retail prices that include the applicable statutory sales tax (value-added tax) and do not include shipping costs.

5.4 For deliveries outside Germany, customs duties, other fees, and taxes in the recipient country may apply, depending on the item. These costs are the responsibility of the customer and must be paid directly to the relevant authorities. BLACKROLL® therefore recommends checking with the responsible authorities before placing an order.

Deliveries are made to the shipping address provided by the customer. Orders are prepared for shipment as quickly as possible, depending on the time they are received. Delivery is made by mail. Unless different delivery times have been agreed upon, the delivery time for shipments within Germany is up to five business days, and for shipments outside Germany, up to 14 business days after the customer completes the ordering process.

7.1 BLACKROLL® accepts the following payment methods: credit card (Visa, Mastercard), PayPal, invoice, and Sofortüberweisung.

7.2 Depending on the payment method, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg, subject to PayPal’s Terms of Use, available at https://www.paypal.com/de/weba... or—if the customer does not have a PayPal account—in accordance with the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/weba....

7.3 Unless otherwise agreed, payment of the purchase price is due upon conclusion of the contract.

7.4 The credit card will be charged upon completion of the order.

7.5 Payment by Invoice and Financing

In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer purchase on account and installment plans as payment options. Please note that purchase on account and installment plans are available only to consumers and that payment must be made to Klarna in each case.

Invoice
When purchasing on account with Klarna, you always receive the merchandise first and have a 14-day payment period. The complete Terms and Conditions for purchase on account, which you automatically accept when selecting this payment option, can be found here. The online store charges a fee of 0.00 euros per order for purchases on account with 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 (with a minimum of €6.95) or under the terms otherwise specified at checkout. Further information on installment purchases, including the Terms and Conditions and the European Standard Information on Consumer Credit, can be found here.

Privacy Notice
Klarna reviews and evaluates the information you provide and, where there is a legitimate interest and cause, shares data with other companies and credit bureaus. Your personal information is handled in accordance with applicable data protection regulations and as specified in Klarna’s Privacy Policy.

Information on Data Protection under the EU GDPR
Our company regularly checks your creditworthiness when entering into contracts and, in certain cases where there is a legitimate interest, also for existing customers. To this end, we collaborate with Creditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss, from whom we receive the necessary data. On behalf of Creditreform Boniversum, we are providing you with the following information in advance, in accordance with Article 14 of the EU GDPR: Creditreform Boniversum GmbH is a consumer credit reporting agency. It operates a database in which credit information about private individuals is stored.

On this basis, Creditreform Boniversum provides credit reports to its clients. Clients include, for example, credit institutions, leasing companies, insurance companies, telecommunications companies, debt collection agencies, mail-order, wholesale, and retail companies, as well as other businesses that supply goods or provide services. In accordance with legal provisions, some of the data contained in the credit information database is also used to supply other corporate databases, including for address-based marketing purposes.

The Creditreform Boniversum database specifically stores information regarding the name, address, date of birth, email address (if applicable), payment history, and ownership interests of individuals. The purpose of processing the stored data is to provide credit reports on the creditworthiness of the person in question. The legal basis for the processing is Article 6(1)(f) of the EU GDPR. According to this provision, information regarding this data may only be disclosed if a customer credibly demonstrates a legitimate interest in obtaining this information. If data is transferred to countries outside the EU, this is done on the basis of the so-called “Standard Contractual Clauses,” which you can view at the link https://eur-lex.europa.eu/legalcontent/DE/TXT/HTML/?uri=CELEX:32021D0914&from=DE or request to have sent to you from there.

The data will be stored for as long as access to it is necessary to fulfill the purpose of storage. Access to the data is generally necessary for an initial storage period of three years. Upon expiration of this period, we will review whether continued storage is necessary; if not, the data will be deleted to the exact day. In the event that a matter is resolved, the data will be deleted to the exact day three years after resolution. Entries in the debtor registry are deleted to the exact day in accordance with Section 882e of the German Code of Civil Procedure (ZPO) three years after the date of the order to enter the entry. Further information on this can also be found at www.boniversum.de/bonipedia/ under the heading “Data Deletion.”

Legitimate interests within the meaning of Article 6(1)(f) of the EU GDPR may include: credit decisions, business development, ownership interests, claims, credit checks, insurance contracts, and enforcement information.

You have the right to request information from Creditreform Boniversum GmbH regarding the data stored there about you. If the data stored about you is incorrect, you have the right to have it corrected or deleted. If it cannot be immediately determined whether the data is incorrect or correct, you have the right to have the relevant data blocked until the matter is clarified. If your data is incomplete, you may request that it be completed.

If you have given your consent to the processing of the data stored by Creditreform Boniversum, you have the right to revoke this consent at any time. Revocation does not affect the lawfulness of the processing of your data that took place on the basis of your consent up until the time of revocation.

If you have any objections, requests, or complaints regarding data protection, you may contact the Data Protection Officer at Creditreform Boniversum at any time using the contact information listed below. The Data Protection Officer will assist you promptly and confidentially with all data protection matters. In the event of a suspected data protection breach, you have the right to file a complaint with a state data protection supervisory authority. The authority responsible for Creditreform Boniversum is the State Data Protection Commissioner of North Rhine-Westphalia (Landesbeauftragte für Datenschutz NRW), P.O. Box 20 24 44, 40102 Düsseldorf, email: [email protected].

The data that Creditreform Boniversum has stored about you comes from publicly available sources, debt collection agencies, and their clients. To assess your creditworthiness, Creditreform Boniversum calculates a score based on your data. This score incorporates data on age and gender, address information, and, in some cases, payment history. These data points are weighted differently in the score calculation. Creditreform Boniversum’s clients use these scores as a tool to assist them in making their own credit decisions.

Right to Object:
Pursuant to Article 21(1) of the GDPR, you may object to the processing of your data for reasons arising from your particular situation (e.g., women’s shelter or witness protection). You may submit your informal objection in writing to Creditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss, or via email to [email protected]. If you object to the processing of your data for advertising and marketing purposes by Boniversum, the data will no longer be processed for these purposes. The controller within the meaning of Article 4(7) of the EU GDPR is Creditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss. Your contact at Boniversum is the Consumer Service, Tel.: 02131 36845560, Fax: 02131 36845570, Email: [email protected]. You can reach Boniversum’s Data Protection Officer using the following contact information: Creditreform Boniversum GmbH, Data Protection Officer, Hammfelddamm 13, 41460 Neuss, Email: [email protected].

BLACKROLL® reserves the right to make product changes that, in the manufacturer’s view, serve to improve quality, even without prior notice. Minor deviations from descriptions and illustrations are possible.

We are obligated under the provisions of the Packaging Act (VerpackG) to take back and recycle packaging not subject to the recycling system. We are happy to fulfill this obligation. Please send us a return notice regarding this matter to [email protected]

Gift cards can only be redeemed in the BLACKROLL® online store that was selected when the gift card was purchased. The online store selected by the customer when visiting the website is decisive for this purpose. Redemption in other BLACKROLL® online stores, particularly those with different national orientations, is not permitted. Gift cards and any remaining balance are valid until the end of the third year following the year of purchase and are not subject to a minimum order value. Cash redemption and refunds in the event of loss or damage are not possible. If an order is canceled or goods are returned for which a gift certificate was used, the amount paid will be refunded, credited, or offset. The gift certificate can only be redeemed before the order process is completed. Subsequent offsetting is not possible. Gift certificates cannot be exchanged and cannot be blocked.

The goods remain the property of BLACKROLL® until full payment has been made.

Liability for defects is governed by statutory provisions. The statute of limitations for statutory claims for defects is two years and begins upon delivery of the goods.

BLACKROLL® provides a durability warranty for the RECOVERY BASE. Please click here for the terms and conditions and eligibility requirements.

BLACKROLL® collects and uses the personal data provided (such as name, address, or email address) in accordance with the provisions of applicable data protection law. For more information, please see our Privacy Policy under Privacy.

16.1 Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

16.2 If the purchaser is acting as a consumer, the foregoing choice of law shall apply only to the extent that it does not deprive the purchaser of the protection afforded by mandatory provisions of the law of the country in which the purchaser has his or her habitual residence.

16.3 If the purchaser is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from these General Terms and Conditions and the contracts concluded under their terms shall be Kreuzlingen (Canton of Thurgau, Switzerland).

16.4 The language of the contract is exclusively German.

As of November 2016