Terms of service


§ 1 Scope of Application of the Terms and Conditions

The following terms and conditions of sale and delivery apply to all delivery transactions of the seller, roba GmbH, Feldstraße 14, 96237 Ebersdorf, hereinafter referred to as roba, and the consumer (hereinafter referred to as the customer), in their version valid at the time of the order.

§ 2 Ordering and Conclusion of Contract

  1. The presentation of the product range by roba does not constitute a binding offer within the meaning of § 145 BGB. Instead, an order constitutes an offer to roba for the conclusion of a purchase contract.
  2. After receipt of the order, the customer will receive an email confirming receipt of the order and listing its details (especially binding prices) (order confirmation). This order confirmation does not constitute acceptance of the offer. A purchase contract is only concluded by the dispatch of the ordered product to the customer (accompanied by a shipping confirmation via email) or by sending a separate order confirmation via email. No purchase contract is concluded for products from an order that are not listed in the shipping or order confirmation.
  3. The delivery of the order will take place within 1-6 working days. Any prior statements regarding the availability and shipping of a product are only approximate indications – they do not represent binding or guaranteed shipping or delivery dates. If roba finds during the processing of an order that ordered products are not available, roba will inform the customer of this and – if possible – the expected delivery time in the order confirmation. If the customer wishes, the deliverable products of their order will still be shipped; shipping costs may increase due to the splitting of the order into several shipments.
  4. If roba is unable to deliver the ordered goods through no fault of its own because the supplier of roba does not fulfill its contractual obligations, roba is entitled to withdraw from the contract with the customer. In this case, the customer will be immediately informed that the ordered product is not available. The statutory rights of the customer remain unaffected.
  5. Information from roba about the goods (technical data, dimensions, etc.) are only approximate values; they only constitute a quality agreement or guarantee if the information from roba is explicitly and in writing designated as such.
  6. roba is entitled to limit the order to a household-suitable quantity. This applies both to the number of ordered products within an order and to placing multiple orders for the same product, where the individual orders include a household-suitable quantity.
  7. roba reserves the right to check the customer's creditworthiness before accepting the order in the case of the direct debit payment option. Roba will use the information to decide on the establishment or execution of the contractual relationship, in particular to decide whether to offer the customer the direct debit payment option. By agreeing to these T&Cs, the customer consents to the transmission of data and the credit check. Details can be found in the separate privacy policy of roba.

§ 3 Payment Terms

  1. The prices stated on the merchant portals or in the roba online shop are final prices in euros and include the currently valid statutory VAT in Germany. The invoice amount is due upon acceptance of the order (see § 2 of the T&Cs).
  2. The customer can pay the invoice amount using the payment method offered in the online shop.

In the case of payment by credit card and PayPal, the payment date corresponds to the date of the order. If using the payment service provider "PayPal", the payment processing is done through PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the PayPal terms of use, available at www.paypal.com. This assumes, among other things, that the customer opens or already has a PayPal account.

If the SEPA direct debit payment method is selected, the invoice amount is due after the issuance of a SEPA direct debit mandate, but not before the expiration of the deadline for pre-notification of the payment. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the expiration of the pre-notification period. Pre-notification is any notification (e.g., invoice) from roba to the customer announcing a charge via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the provision of incorrect bank details, or if the customer disputes the debit although they are not entitled to do so, the customer must bear the fees incurred due to the chargeback by the respective bank, if they are at fault. In addition, a credit check is carried out with the direct debit payment option (see § 2 No. 8).

In the event of a rejection of the credit card debit, the customer undertakes to pay the price plus any costs incurred within 10 days of receiving the service. These costs include, among other things, the costs incurred due to the reversal of the credit card charge.

  1. Please note that for deliveries to non-EU countries, such as Switzerland, USA, etc., additional customs duties and fees may be imposed by authorities in the destination country.
  2. If the customer is in default of payment, roba is entitled to charge default interest at a rate of 5% above the base rate announced by the European Central Bank per annum. If roba can prove a higher default damage, roba is entitled to claim this.
  3. The customer agrees that roba is entitled to send the invoice as an electronic invoice (invoice issued and received in an electronic format, e.g., as a PDF document) via email to the customer. Roba may also, at its discretion, send the invoice to the customer on paper.

§ 4 Retention of Title

  1. The goods remain the property of roba until the invoice amount is paid in full. The customer must inform roba immediately in writing of any third-party claims, particularly enforcement actions or other impairments of roba's property. The customer must compensate roba for all damages and costs arising from a breach of this obligation.

§ 5 Shipping and Transport Damage

  1. Unless otherwise agreed, delivery is made from the Ebersdorf warehouse to the delivery address specified by the customer. Shipping within Germany is either by freight forwarder, as an insured package via a parcel delivery service, or in the case of spare parts as a letter via Deutsche Post AG.

The customer incurs shipping costs as shown before placing the order. If delivery occurs in multiple partial shipments, shipping costs are only charged once. All prices include 19% VAT.

  1. Roba is entitled to make partial deliveries to a reasonable extent.

§ 6 Right of Withdrawal for Consumers

Consumers have a right of withdrawal in accordance with the following provisions. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity.

Right of Withdrawal

We refer to our separately listed withdrawal policy

§ 7 Warranty

  1. If the delivered goods are defective (material defect), the statutory provisions apply. The assignment of the customer’s warranty claims is excluded.
  2. Material defects do not include:

    Wear and tear due to use or other natural wear; the condition of the goods or damage that occurs after the risk has passed due to improper handling, storage or installation, failure to observe installation or treatment instructions, excessive strain or use, or lack of maintenance or care; the condition of the goods or damage due to force majeure, external influences not anticipated by the contract, or use of the goods outside the contractually anticipated or usual use.

  3. Warranty claims are subject to statutory limitations.

§ 8 Liability for Damages and Limitation of Liability

  1. Roba is liable for damages only if there is intent or gross negligence. For simple negligence, roba is only liable for the breach of a duty whose fulfillment is essential for the proper execution of the contract and on which the customer may regularly rely. Otherwise, liability for damages of any kind, regardless of the legal grounds, including liability for fault at the time of contract formation, is excluded.
  2. If roba is liable for simple negligence, the liability is limited to the damage that roba typically had to expect under the circumstances known at the time of contract conclusion.
  3. The above exclusions and limitations of liability do not apply if a guarantee has been given by roba or in cases of damage resulting from injury to life, body, or health or claims under the Product Liability Act.
  4. If supplementary performance is carried out through replacement delivery, the customer is obliged to return the initially delivered goods to roba at roba's expense within 30 days. The return of the defective goods must be made in accordance with the statutory provisions.
  5. To the extent that the contractual liability of roba is excluded or limited, this also applies to the personal liability of employees, vicarious agents, and other third parties used by roba to fulfill the contract.

§ 9 Data Protection

Roba handles customer data with the utmost care and places the highest value on compliance with data protection. Roba collects and stores the data necessary for processing the business transaction. In processing the customer’s personal data, roba observes the statutory provisions. Details can be found in the separate privacy policy of roba.

Contract documents, including T&Cs, are electronically stored by roba Baumann GmbH. These are made available to you by sending the emails "Order Confirmation" and "Contract, Payment, and Delivery Confirmation".

§ 10 Applicable Law and Jurisdiction

  1. The contractual relationships between roba and the customer are subject to the law of the Federal Republic of Germany. The mandatory consumer protection regulations of the country in which the customer, provided they are a consumer, has their habitual residence are excluded from this choice of law. The application of the UN Sales Convention is excluded.
  2. In business dealings with merchants and with legal entities under public law, the place of performance and jurisdiction for all disputes arising from this contract, including disputes related to bills of exchange and checks, is 96450 Coburg. This jurisdiction also applies if the customer is not a full merchant and does not have a general jurisdiction in the Federal Republic of Germany or if they move their place of residence or habitual abode out of this area after the conclusion of the contract or if their residence or habitual abode is unknown at the time of the judicial assertion of the claim.


§ 11 Alternative Dispute Resolution


We are not obligated and not willing to participate in dispute resolution procedures before a consumer arbitration board. We prefer to resolve your concerns directly with you.


§ 12 Final Provisions

  1. Changes or additions to these terms and conditions require written form. This also applies to the cancellation of this written form requirement.
  2. If individual provisions of the delivery contract or these General Terms and Conditions are invalid, the remaining provisions remain in effect. In this case, the invalid provision will be replaced by the parties to the contract with a provision that comes closest to the economic sense and purpose of the invalid provision in a legally effective manner.


Ebersdorf, 18.03.2019