Terms and Conditions

§ 1
Scope of Application

(1) These General Terms and Conditions (GTC) apply to all contracts and order processes between Rohrbiegen Bremen GmbH (hereinafter referred to simply as “Rohrbiegen”) and the customer.

(2) Any customer terms and conditions that conflict with or deviate from these GTC shall not become part of the contract. The customer’s general terms and conditions shall not apply to Rohrbiegen even if Rohrbiegen has not expressly objected to them. The unconditional delivery of goods or a corresponding order confirmation by Rohrbiegen does not constitute acceptance of a customer’s general terms and conditions.

(3) These GTC are addressed both to entrepreneurs (§ 14 German Civil Code (BGB)) and — to the extent legally permissible — to consumers (§ 13 BGB).

§ 2
Conclusion of Contract; Ordering Process

(1) The order placed by the customer merely constitutes an offer to Rohrbiegen to conclude a purchase contract. After receipt of an offer, the customer first receives an initial e-mail notification (receipt confirmation), by which Rohrbiegen confirms registration of the order and again lists the details of the order and customer data. The receipt confirmation does not yet constitute acceptance of the customer’s contractual offer. The submission of the aforementioned contractual offer is legally binding for the customer. After reviewing the order and, in particular, the availability of the ordered products, the customer receives a second e-mail notification from Rohrbiegen (order confirmation), by which Rohrbiegen accepts the customer’s offer. With this second notification, the customer is provided with all necessary data and information for the payment process — if advance payment has been agreed. The purchase contract is thereby concluded and the goods are prepared for shipment by Rohrbiegen. As soon as the goods are ready for dispatch and — if advance payment has been agreed — after receipt of payment, the customer receives a third e-mail notification (shipping confirmation).

(2) Rohrbiegen does not offer products for purchase by minors.

§ 3
Right of Withdrawal for Consumers

(1) In the event of the conclusion of a contract, the customer who is a consumer within the meaning of § 13 BGB is entitled to the right of withdrawal regulated in §§ 355 et seq. BGB in accordance with the following instruction:

1. Right of withdrawal

You may withdraw your contractual declaration within two weeks without giving reasons in text form (e.g. letter, fax, e-mail) or — if the item is handed over to you before the expiry of the period — by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient and not before fulfillment of our obligations pursuant to § 312c (1) BGB in conjunction with Article 246 §§ 1 (1) and (2), 2 EGBGB and § 312e (1) sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the withdrawal notice or the item is sufficient to meet the withdrawal deadline.

2. Withdrawal declaration

The withdrawal declaration or return of the goods must be addressed to:

Rohrbiegen Bremen GmbH
Managing Director: Steffen Mohr
Zeppelinstraße 10
28816 Stuhr
or by e-mail to: info@rohrbiegen-bremen.de

3. Consequences of withdrawal

In the event of an effective withdrawal, the services received by both parties must be returned and any benefits derived (e.g. a usage fee for use of the item) must be surrendered. If you are unable to return the received performance to us in whole or in part, or can return it only in a deteriorated condition, you must compensate us for the loss in value where applicable. In the case of the transfer of items, this does not apply if the deterioration of the item is due exclusively to its examination — as would have been possible for you in a shop. Otherwise, you can avoid the obligation to compensate for deterioration caused by the intended use of the item by not using the item as your property and by refraining from anything that impairs its value. Items that can be sent by parcel must be returned. You must bear the regular costs of return shipment if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed € 40.00 or, in the case of a higher price of the item, if you have not yet provided the consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you dispatch your withdrawal declaration or the item, and for us upon receipt thereof.

(2) The above right of withdrawal does not apply to custom-made products or to the delivery of goods that are modified at the customer’s request from the original specifications provided by Rohrbiegen in the online shop.

§ 4
Delivery Terms

(1) Delivery by Rohrbiegen is made ex warehouse to the delivery address specified by the customer. Any information regarding delivery periods provided by Rohrbiegen is non-binding, unless Rohrbiegen confirms the binding nature of a delivery date in writing. Delivery both within Germany and abroad is made only against advance payment, unless another arrangement (e.g. payment on invoice) is expressly agreed in an individual case; such an agreement must also be in writing. Shipment in the case of delivery against advance payment will be initiated only after receipt of the full invoice amount.

(2) Delivery is subject to Rohrbiegen itself being supplied by its suppliers in due time. If delivery problems occur on the supplier’s side, Rohrbiegen is entitled to withdraw from the contract with the customer, provided that Rohrbiegen immediately notifies the customer that the desired product is not available. The customer’s statutory claims remain unaffected.

(3) If delivery was not possible because the customer could not be found at the specified delivery address despite reasonable notice of the delivery time, the customer alone shall bear the costs of the unsuccessful delivery attempt.

(4) Rohrbiegen is generally entitled to make partial deliveries, provided that these are reasonable for the customer in the individual case and expedient from Rohrbiegen’s point of view under the overall circumstances.

§ 5
Prices; Shipping Costs

(1) All prices published by Rohrbiegen on the “Rohrbiegen” internet platform or otherwise are stated in euros and are generally inclusive of the statutory value-added tax currently amounting to 19%, plus shipping costs, unless expressly stated otherwise.

(2) Shipping costs are incurred per order and, if shipment is made to several delivery addresses, per delivery address. They may vary depending on the country to which the goods are to be shipped and will be shown separately before the order is processed.

§ 6
Information on Dimensions, Quantities and Weights

(1) All information regarding dimensions, weight, properties, load capacities, capacities, resistance data, etc. is to be understood as approximate values customary in business and in the industry and is not to be regarded as a binding guarantee of the quality of an item. This shall apply otherwise only if Rohrbiegen expressly provides such a guarantee to the customer in writing in the relevant individual case.

(2) All illustrations, drawings or photographs of products, product details or similar items on Rohrbiegen’s internet platform or in any other printed or digital publication serve solely to illustrate the product and do not constitute any guarantee that the delivered product will correspond exactly to such publications.

(3) Information on Rohrbiegen’s internet platform regarding current stock levels of individual products is non-binding and serves only to inform the customer. Actual deliverability must first be checked by Rohrbiegen in each individual case for every order and is guaranteed only with the order confirmation e-mail (see § 2 paragraph 1 of these GTC above).

§ 7
Transport, Transfer of Risk

(1) In transactions with customers who are not consumers within the meaning of § 13 BGB, the risk of accidental loss of the goods passes to the customer upon handover of the goods to the commissioned carrier (postal service, railway, parcel service, freight forwarder). To cover the transport risk, Rohrbiegen takes out transport insurance for the customer. The additional costs arising from this will be shown separately in the invoice. If the customer does not wish transport insurance to be taken out, the customer must expressly inform Rohrbiegen of this when placing the order (see § 2 above).

(2) Paragraph 1 above does not apply to purchase contracts with customers who are consumers. In this respect, the statutory provisions apply.

§ 8
Due Date, Payment, Default

(1) The purchase price is due immediately upon conclusion of the contract. The customer must arrange payment of the invoice amount after receipt of the order confirmation, by which an invoice number is assigned. Payment must be made by bank transfer to the account specified in the order confirmation e-mail.

(2) In the event of default in payment, Rohrbiegen is entitled to charge default interest at a rate of 5 percentage points above the applicable base interest rate per annum. For customers who are not consumers within the meaning of § 13 BGB, the default interest rate is 8 percentage points above the base interest rate. Rohrbiegen reserves the right in individual cases to claim higher damages caused by default if such damages can be proven. The occurrence of default is determined by the statutory provisions, in particular § 286 BGB.

§ 9
Set-off, Right of Retention

(1) The customer is entitled to set off claims only insofar as the counterclaims asserted for set-off have been finally and legally established or have been acknowledged by Rohrbiegen.

(2) The customer may assert a right of retention only with respect to counterclaims arising from the same contractual relationship.

§ 10
Retention of Title

(1) All deliveries of goods by Rohrbiegen are made subject to retention of title. The delivered materials and products remain the property of Rohrbiegen until full payment of all claims arising from the business relationship, including ancillary claims and any claims for damages.

(2) Any treatment or processing of goods and materials delivered by Rohrbiegen subject to retention of title shall be deemed to have been carried out on behalf of Rohrbiegen, without this giving rise to any obligations for Rohrbiegen. The goods and materials therefore remain the property of Rohrbiegen in every state of treatment or processing as long as they do not become essential components of a building through corresponding processing. If goods subject to retention of title belonging to Rohrbiegen are combined or mixed with other items not owned by Rohrbiegen, Rohrbiegen shall acquire co-ownership of the new item in proportion to the value share (invoice value) pursuant to §§ 947, 948 BGB if those items are likewise subject to retention of title with a processing clause; otherwise, Rohrbiegen shall acquire sole ownership. The customer shall store Rohrbiegen’s co-ownership free of charge.

(3) The customer is entitled to process and sell the reserved items in the ordinary course of business. The customer hereby assigns to Rohrbiegen in full all claims arising from resale, processing or any other legal ground (insurance, tort) with respect to the goods subject to retention of title, including all current-account balance claims. Rohrbiegen accepts the assignment. All retention-of-title rights of Rohrbiegen (simple, extended, prolonged or current-account retention of title) remain effective even if goods or materials originating from Rohrbiegen are acquired by a third party, as long as that third party has not paid Rohrbiegen for the goods or materials.

(4) Rohrbiegen revocably authorizes the customer to collect the claims assigned to Rohrbiegen in the customer’s own name for the account of Rohrbiegen. Rohrbiegen reserves the right to collect the claims itself as soon as the customer fails to meet payment obligations properly, falls into default in payment, an application for the opening of insolvency proceedings has been filed, or payments have been suspended. If this is the case, Rohrbiegen may demand that the customer disclose the assigned claims, provide all information necessary for collection, hand over the corresponding documents, and notify the debtor (third party) of the assignment.

(5) To secure Rohrbiegen’s claims, the customer also assigns to Rohrbiegen any claims against a third party that arise through the connection of the goods with a plot of land.

(6) In the event of conduct by the customer in breach of contract — in particular default in payment — Rohrbiegen is entitled to take back the goods subject to retention of title, if this is still possible, and, where applicable, to demand assignment of the customer’s claims for surrender against third parties. Taking back or seizing the goods subject to retention of title by Rohrbiegen does not constitute withdrawal from the contract.

§ 11
Ownership of Documents

(1) Rohrbiegen reserves all ownership rights and copyrights to all documents provided to the customer by Rohrbiegen in connection with a contractual relationship or the initiation of a contract, such as drawings, sketches, construction plans, calculations, etc. Such documents may not be made accessible to third parties by the customer unless Rohrbiegen gives the customer express consent to do so.

(2) If a contract is not concluded or the contract is rescinded, any documents provided to the customer by Rohrbiegen must be returned to Rohrbiegen without delay.

§ 12
Warranty and Liability

(1) If the purchased item is defective, the statutory provisions shall apply. Assignment of the customer’s warranty claims for material defects is excluded.

(2) Any further claims for damages by the customer — irrespective of the legal grounds — are excluded unless the cause of the damage is attributable to intent or gross negligence on the part of Rohrbiegen, its employees or its vicarious agents. Rohrbiegen is therefore not liable in particular for lost profit, other financial losses or damage that has not occurred to the delivery item itself. The foregoing limitation of liability does not apply in the event of personal injury or claims specifically regulated by law (e.g. product liability).

(3) In the event of negligent breach of material contractual obligations (cardinal obligations) by Rohrbiegen, the obligation to pay compensation is limited to the damage typically foreseeable.

(4) If a replacement delivery has been made as part of subsequent performance, the customer is obliged to return the item first delivered within 30 days. If the customer fails to comply with this obligation, Rohrbiegen reserves the right to claim damages in accordance with the statutory provisions.

(5) The warranty period is two years from delivery.

§ 13
Collection, Processing and Use of Personal Data

(1) Rohrbiegen is entitled to collect, store and process the data necessary for business transactions. Address and order data are also collected and processed for Rohrbiegen’s own marketing purposes.

(2) Rohrbiegen does not pass on related data to third parties.

(3) The customer may object informally at any time to the use and processing of data for marketing purposes or informally revoke any consent once given with effect for the future. The declaration/revocation must be addressed to one of the addresses (postal or e-mail) listed under § 14 (Legal Notice) below.

§ 14
Legal Notice

Rohrbiegen Bremen GmbH
Managing Director: Steffen Mohr
Zeppelinstraße 10
28816 Stuhr
Telephone: 0421-696 44 787
E-mail: info@rohrbiegen-bremen.de

§ 15
Disclaimer for Third Parties

Insofar as Rohrbiegen’s websites are linked to websites of third-party providers on the internet or otherwise refer to them, the following applies:

(1) Rohrbiegen expressly declares that both the rights to these websites and responsibility for their content lie solely with the third-party provider and that Rohrbiegen has no influence whatsoever on the design and content of the linked websites. Rohrbiegen therefore expressly distances itself from all links displayed on “http://www.rohrbiegen-bremen.de” and from their content and does not adopt them as its own. This applies in particular to content that is offensive or whose dissemination is prohibited under German or foreign law and whose aiding and abetting of dissemination is subject to criminal prosecution.

(2) Rohrbiegen also cannot guarantee that its websites, references to third-party websites or the linked websites themselves do not contain viruses. Rohrbiegen generally rejects any liability for material or immaterial damage, including consequential damage, caused by the use of the information provided by Rohrbiegen, unless such damage is attributable to intentional or grossly negligent conduct on the part of Rohrbiegen.

§ 16
Image Rights

All rights of use to images, logos and the essential design of these websites are held by Rohrbiegen. Use without Rohrbiegen’s express consent is not permitted and may lead to legal action.

§ 17
Applicable Law; Contract Language

(1) German law shall apply to all contracts between Rohrbiegen and its customers, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) In the event that a written contract is concluded between Rohrbiegen and the customer, the contract language shall be German.

§ 18
Place of Jurisdiction

For all transactions between Rohrbiegen and customers who are not consumers within the meaning of § 13 BGB, the place of jurisdiction and place of performance shall be 28816 Stuhr. In all other respects, the statutory provisions of the German Code of Civil Procedure (ZPO) apply.

§ 19
Severability Clause

Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The provision that is invalid in whole or in part shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.

Stuhr, July 2025