General terms and conditions

1.1 Any supplies and services provided based on a purchase order placed in the web shop available at shop.blackroll.de (hereinafter referred to as “Online Shop”) will be exclusively provided subject to the following General Terms and Conditions, as amended and applicable at the time of the purchase order. Unless otherwise agreed, deviating terms and conditions shall not apply.

1.2 Customers within the meaning of these General Terms and Conditions can be both, consumers and business persons. Consumers within the meaning of these General Terms and Conditions are individuals that place the purchase order for a purpose that cannot be primarily attributed to their commercial or self-employed activities. Business persons within the meaning of these General Terms and Conditions are individuals, legal entities or partnerships with legal capacity that place the purchase order in the course of their commercial or self-employed activities.

1.3 The Online Shop is provided by BLACKROLL AG, Hauptstrasse 17, CH-8598 Bottighofen, Switzerland, represented by its CEO Marius Keckeisen, phone +49 (0)7141 696 2540, fax +49 (0)7141 309 8853-9, shop.int@blackroll.com, commercial register office: Canton of Thurgau, company identification number (UID)/company number: CHE-228.574.355 (hereinafter referred to as “BLACKROLL”). BLACKROLL becomes the party to any purchase order placed in the Online Shop.

2.1 The presentation of the goods in the Online Shop does not constitute a legally binding offer on the conclusion of a contract by BLACKROLL, but is merely a non-binding invitation to place a purchase order.

2.2 Customers must have a minimum age of 18 years. Goods will only be sold in normal household quantities.

2.3 The Customer may select goods in the Online Shop and place them in its shopping cart by clicking on the button “In den Warenkorb/add to shopping cart”. Inaccurate input may be corrected by using the customary keyboard and mouse functions or the button “Review order” at any time, until the Customer clicks on the button “complete order“. By clicking the button “complete order” the Customer submits a binding offer on the purchase of the goods placed in the shopping cart.

2.4 Upon receipt of the purchase order, BLACKROLL will send an automatic confirmation of receipt to the email account that you specify. This automatic confirmation of receipt does not constitute the acceptance of the purchase order, but only documents that the purchase order has been received by BLACKROLL.

2.5 The contract with BLACKROLL will be concluded when BLACKROLL confirms the acceptance and processing of the purchase order as well as the shipping of the goods by a separate email (order/shipping confirmation) to the Customer.

2.6 In the event it should not be possible to deliver the ordered goods, for instance, since the corresponding goods are not in stock, BLACKROLL will not send an order/shipping confirmation. In this case, no contract will be concluded. BLACKROLL shall promptly notify the Customer and, if applicable, promptly refund any consideration that it may already have received. The Customer may agree with the customer service department on a later delivery date.

In accordance with the statutory requirements, BLACKROLL will store the purchase order together with the GTC and any data input during the ordering process. Upon the completion of the ordering process in the Online Shop, the ordering data and GTC may be printed by the Customer after clicking the button “zahlungspflichtig bestellen/order with obligation to pay“. In addition, the Customer will be provided with this information in the confirmation of receipt and the order/shipping confirmation by email. In the event the Customer has registered as a user in the Online Shop, it is also possible to view the order data in the section “Mein Konto/my account” of the Online Shop. In the event the Customer should not have registered in the Online Shop and wish to have its order data forwarded, it may send an email to shop.int@blackroll.com.

If the Customer is a consumer, he/she has a right of withdrawal as described below:

Information on the right of withdrawal

Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise your right of withdrawal, you must inform us, (Customers with a shipping address in Germany or other countries except Switzerland please use the following contact details: Swisslogistik e.K., Zur Verfügung Fa. BLACKROLL AG, Max-Stromeyer-Str. 170, D-78467 Konstanz, Deutschland, Tel. +49 (0)7141 696 2540, Telefax +49 (0)7141 309 8853-9, shop.int@blackroll.com; Customers with a shipping address in Switzerland please use the following contact details: BLACKROLL AG, Hauptstrasse 17, CH-8598 Bottighofen, Switzerland, phone +49 (0)7141 696 2540, fax +49 (0)7141 309 8853-9, shop.int@blackroll.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, phone, fax or email). You may use the attached model withdrawal form, but it is not obligatory.

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

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund. We may withhold reimbursement until we have received the goods back from you or until you have supplied evidence of having sent back the goods, whichever is the earlier.

You shall send back the goods or hand them over to us, Customers with a shipping address in Germany or other countries except for Switzerland: Mr. Alexander Jung – Punktgenau - Marketing für Business, Sport & Events, Hofener Weg 33C, D-71686 Remseck am Neckar, Germany, and Customers with a shipping address in Switzerland to BLACKROLL AG, Hauptstrasse 17, CH-8598 Bottighofen, Switzerland, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us.

The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of information on the right of withdrawal

Model withdrawal form
(Complete and return this form if you wish to withdraw from the contract)

Customers with a shipping address in Germany or other countries except for Switzerland: Swisslogistik e.K., Zur Verfügung Fa. BLACKROLL AG, Max-Stromeyer-Str. 170, D-78467 Konstanz, Deutschland, Tel. +49 (0)7141 696 2540, Telefax +49 (0)7141 309 8853-9, shop.int@blackroll.com; Customers with a shipping address in Switzerland: BLACKROLL AG, Hauptstrasse 17, CH-8598 Bottighofen, Switzerland, fax +49 (0)7141 309 8853-9, shop.int@blackroll.com.

I/we (*) hereby give notice that I/we (*) withdraw from my/our contract of sale of the following goods (*)

Product __________________________________________
Ordered on (*) / received on (*) __________________________________________
Name of consumer(s) __________________________________________
Address of consumer(s) __________________________________________
Signature of consumer(s) (only if notice is sent on paper) __________________________________________
Date__________________________________________

(*) Delete as appropriate

5.1 The shipping charges are indicated here and will be computed during the ordering process and shown to the Customer.

5.2 Prices are indicated in Euro (EUR).

5.3 Unless otherwise provided in the product description, the prices indicated in the Online Shop are retail prices that include the then-applicable statutory value added tax (VAT); shipping charges will be added separately.

5.4 In the event of shipments to locations outside Germany, depending on the goods shipped, customs, other charges and levies, plus tax in the country of destination may become due. The Customer will bear these costs and charges and pay them directly to the competent authority. BLACKROLL recommends obtaining information from the responsible authority in advance.

Goods will be shipped to the shipping address provided by the Customer. Depending on the time of the receipt of order, purchase orders will be processed and prepared for shipment as soon as possible. Goods will be delivered by parcel service. Unless the parties agree otherwise, the delivery period for shipments within Germany will be up to five (5) business days and for shipments outside Germany up to fourteen (14) business days following the completion of the ordering process by the Customer.

7.1 BLACKROLL accepts payments via credit card (Visa, Mastercard), PayPal and Sofortüberweisung.

7.2 Unless otherwise provided, the payment of the purchase price becomes due upon the conclusion of the contract.

7.3 Payment via invoice and financing
In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you invoice and payment in instalments as payment options. Please be aware that Invoice and Part Payment are only available for consumers and that the payment is to be made to Klarna.

Invoice
When purchasing with Invoice you receive your goods first and you have always a payment period of 14 days. The complete terms and conditions you can find here. The online shop charges a fee of 0,00
€ for invoice purchases.

Data Protection Notice
Klarna reviews and evaluates the data you provided and in case of legitimate interest performs a data exchange with other companies and credit rating agencies. Your personal data will be processed in accordance with applicable data protection law as described in Klarnas privacy statement.

Our company regularly checks customers for creditworthiness whenever contracts are concluded; if there is a legitimate interest, we also check existing customers. We therefore collaborate with Creditreform Boniversum GmbH – address: Hammfelddamm 13, 41460 Neuss, Germany – which provides us with the relevant data. Acting on behalf of Creditreform Boniversum, we hereby wish to provide you with the following information under the EU GDPR article 14, by way of anticipation: Creditreform Boniversum GmbH is a consumer credit agency. It runs a database storing credit information about private individuals.

On this basis, Creditreform Boniversum provides its clients with information on the creditworthiness of their customers. Clients include, for instance, banks, leasing companies, insurance companies, telecommunications companies, receivables management companies, as well as shipping, wholesale and retail companies and other companies supplying goods and services. Acting within the parameters of the law, some of the data in the creditworthiness database are also supplied to other corporate databases, including databases for address trading purposes.

The database of Creditreform Boniversum stores primarily names, addresses, dates of birth, email addresses (if applicable), payment histories and ownership structures. The purpose of processing data stored in this way is to provide information about individuals on whom creditworthiness information is requested. The legal basis for such processing is EU GDPR article 6 (1f). Under this provision, information about such data may only be provided if a client can prove convincingly that he or she has a legitimate interest in obtaining the information. If data are sent to non-EU countries, this is done on the basis of so-called “standard contractual clauses”, which you can view under the following link: https://eur-lex.europa.eu/legal-content/DE/TXT/HTML/?uri=CELEX:32021D0914&from=DE. You can also request this information to be sent to you.

Data are stored for as long as knowledge of those data is required to realise the purpose of storage. Such knowledge is usually required for an initial storage period of three years. After the expiry of this period, a review is conducted whether storage continues to be necessary; otherwise the data are deleted on the precise expiry date. If the facts of a matter cease to be relevant, the data are erased on the precise date three years after cessation. Entries in the debtors’ list are deleted on the precise date three years after an official order for entry was presented, in compliance with the German Code of Civil Procedure (ZPO), section 882e.

The following are examples of legitimate interests within the meaning of the EU GDPR article 6 (1f): loan decisions, initiation of business, ownership structures, receivables, creditworthiness checks, insurance agreements, enforcement information.

You have a right to obtain information about the data stored by Creditreform Boniversum GmbH about yourself as a person. If those data are incorrect, you are entitled to rectification or erasure. If it is not possible to determine immediately whether the data are correct or incorrect, you are entitled to the blocking of the relevant data until your entitlement has been clarified. If your data are incomplete, you can demand their completion.

If you have given your consent for the processing of data stored by Creditreform Boniversum, you may revoke this consent at any time. Your revocation will not impact the legitimacy of any processing of your data that may have taken place on the basis of your consent prior to revocation.

If you have any objections, requests or complaints concerning data protection, you may contact the Data Protection Officer of Creditreform Boniversum at any time. He or she will assist speedily and confidentially on all issues of data protection. Alternatively, you can lodge a complaint about Boniversum’s data processing with the State Data Protection Officer (Landesbeauftragte für Datenschutz) of the German federal state that is relevant to you.

Data stored about you by Creditreform Boniversum come from publicly accessible sources as well as from debt collection companies and their clients.

To determine your creditworthiness, Creditreform Boniversum assigns a score to your data. The data underlying this score include your age, gender, address details and some of your payment experience data. The various data form part of the score calculations with different weights. Creditreform Boniversum clients use such scores to help them reach decisions about granting loans.

Right to object:
The processing of data stored by Creditreform Boniversum takes place on compelling legitimate grounds for the protection of creditors and loans, where processing regularly overrides their interests, rights and freedoms or where it serves the establishment, exercise or defence of legal claims. You can only object to Creditreform Boniversum about the processing of your data if you have grounds relating to your particular situation and if you can substantiate those reasons. If such special reasons are verifiably available, your data will cease to be processed there. If you object to the processing of your data for advertising and marketing purposes, then your data will no longer be processed for those purposes.

The entity with responsibility under the EU GDPR article 4 (7) is Creditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss, Germany. Your contact point within our company is the Consumer Service, phone: +49 (0) 2131 36845560, fax: +49 (0) 2131 36845570, email: selbstauskunft@boniversum.de.

The competent Data Protection Officer has the following contact details: Creditreform Boniversum GmbH, Data Protection Officer, Hammfelddamm 13, 41460 Neuss, Germany.

Email: datenschutz@boniversum.de

BLACKROLL reserves the right to modify or change the product, including without prior notice, if this improves the product quality from the manufacturer’s perspective. Slight deviations from descriptions and illustrations are possible.

BLACKROLL reserves any ownership rights and title in and to the goods until full payment has been received.

Warranty is subject to statutory provisions. The limitations period for statutory warranty claims is two (2) years as of delivery of the goods.

BLACKROLL collects and uses the personal data provided (e.g., name, address or email) in accordance with the provisions of the applicable data protection law. For further information please refer to our Privacy Policy.

13.1 This Agreement is governed by Swiss law; the UN Convention on the International Sale of Goods (CISG) shall not apply.

13.2 In the event the Customer acts as a consumer, the above choice of law clause shall only apply to the extent that this does not deprive the Customer from its protection by mandatory statutory provisions of the country in which the Customer has its habitual place of abode.

13.3 If the Customer is a business person, a public law entity, or a special fund under public law (öffentlich-rechtliches Sondervermögen), the parties agree on Kreuzlingen (Canton of Thurgau, Switzerland) as the place of jurisdiction for all disputes arising out of or in connection with these General Terms and Conditions or any contracts concluded under them.

13.4 German is the exclusive contract language.

Version: 01/2021