1     General

(1)     These general terms and conditions (hereinafter GTC) apply between you and us, OHA UG (limited liability), Rotdornhof 5, 18107 Rostock  (hereinafter: Rashball) in the version valid at the time of the order for all deliveries, offers or orders of Rashball products.

(2)     Our contractual language is exclusively German.

(3)     You can access the current version of our terms and conditions here (https://rashball.com/agb) at any time.

(4)     We do not save any contract texts after the conclusion of the contract and do not make them accessible to our customers.

(5)     We do not accept deviating conditions from the customer. This also applies if we do not expressly object to the inclusion.

2   General information about orders in the online shop

(1)     You can purchase our products in commercial quantities from our online shop at https://www.rashball.com/shop  acquire.

(2)     Our range of goods in our shop does not constitute a binding offer to you. This is an invitation to you to submit a binding offer to us by placing an order in the online shop.

(3)     You can select the products you want by clicking the "Add to cart" or "Add to Cart" button and then go to the checkout. You can change and delete the selected product selection in the shopping cart. With the button "Proceed to checkout" you start the check-out process, where you enter your data that we need to process the order and end the ordering process. You can check your details on the last page of the check-out process and change or cancel your order by clicking on the "back" button.

(4)     After going through the check-out process, you submit a binding offer to conclude a purchase contract by clicking on the "Buy now" button. 

(5)     After we have received your order, an order confirmation will be sent to you automatically. This automatically generated e-mail only confirms receipt of your order (confirmation of receipt). A contract does not come about through this e-mail.

(6)     A contract is only concluded when we expressly confirm the conclusion of the contract to you or via a separate e-mail, or when we send the goods to you without a separate e-mail or hand over the goods to you.

(7)     Insofar as you have selected the prepayment method of payment, a contract is already concluded in deviation from Section 3 (6) when we send you our bank details and a payment request. If you have not transferred the requested amount within 14 days even after a further request from us, we will withdraw from the contract. We only reserve the item you want for 14 days.    

3   Registration as a customer

(1)     You have the opportunity to register as a customer in our online shop free of charge. If you register with us as a customer, a permanent customer account will be created. The customer account makes it easier for you to process future orders via our online shop without having to enter your data each time. However, you do not need a customer account to place an order in our online shop. You are not entitled to a registration.

(2)     You assure that all the information you provide when registering is true. You can find more information about the protection of your personal data in our data protection declaration: https://rashball.com/datenschutz 

(3)     You undertake to handle your registration data with care. As soon as you suspect that your customer data is being misused, you inform us immediately. 

(4)     You can delete your customer account at any time by sending us a message. We will then delete all data associated with the customer account.  

4   Right of withdrawal

The following right of withdrawal applies to consumers. You are a consumer insofar as your orders cannot be attributed primarily to your commercial or self-employed professional activity.  

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.

In order to exercise your right of withdrawal, you must inform us at OHA UG (limited liability), Rotdornhof 5, 18107 Rostock, by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.  

You can use the attached sample revocation form for this, but this is not mandatory.

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

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You have the goods immediately and in any case at the latest within fourteen days from the day on which you inform us about the cancellation of this contract

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rash ball

OHA UG (limited liability)

Hawthorn farm 5

18107  Rostock

to be returned or handed over. The deadline is met if you send back the goods before the period of fourteen days has expired.  

You bear the direct costs 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.

Sample cancellation form

(If you want to revoke the contract, please fill out this form and send it back)

— To [the name, address and, if applicable, the fax number and e-mail address of the trader are to be inserted here by the trader]:

— I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)

— Ordered on (*)/received on (*)

— Name of consumer(s)

— address of the consumer(s)

— Signature of the consumer(s) (only in the case of notification on paper)

- Date

(*) incorrect deletion

- End of revocation -  

(1)     The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

(2)     The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiry date would be exceeded quickly. 

(3)     The right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.

5   Prices

The prices we quote in the online shop are final prices and include statutory sales tax and all other price components.  

6   terms of payment

(1)     In our shop you can either pay in advance,  Credit card, PayPal or direct transfer  counting. We reserve the right not to offer certain payment methods at short notice and to refer to other payment methods.

(2)     If you have indicated that you want to pay in advance, we will inform you of our account details in the order confirmation. Please transfer the amount to our account within 10 days, stating your invoice number.

(3)     If you want to pay with your credit card, the purchase price will be reserved on the credit card with your order. Your credit card will then be charged upon conclusion of the contract.

(4)   If you want to pay with PayPal, the purchase price will be deducted from your PayPal account at the time of ordering. 

(4)   If you use Sofortüberweisung  want to pay, the purchase price will be deducted from your bank account at the time of the order.  

7   delivery terms

(1)     Unless expressly agreed otherwise by us, delivery will only be made within Germany to the address you specify.

(2)     The shipping costs are usually €4.90. If there are any changes  you can find them in our shipping cost table at https://www.rashball.com/versandkosten.

(3)     The delivery time is approx. 5 working days. It begins with the conclusion of the contract. 

(4)     If we are unable to deliver the goods you have ordered after three delivery attempts, we reserve the right to withdraw from the contract. If you have already made payments to us at this point in time, we will refund them to you immediately.

8th   default

(1)     The purchase price is due immediately upon conclusion of the contract.

(2)     If you are in arrears with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. We charge a reminder fee of EUR 3.00 for each reminder letter with which we ask you to pay after the delay has occurred, unless the damage is lower or higher in individual cases or you can prove a lower damage. If the due date for payment is determined according to the calendar, you are already in default by missing the deadline. 

(3)     The obligation to pay interest on arrears does not exclude our assertion of further damages caused by arrears, insofar as these have occurred.

9   retention of title

We retain ownership of the products you have ordered until full payment has been made.

10   warranty

The statutory warranty claims according to sales law apply.

11   liability

(1)     There are no claims for damages or liability. Excluded from this are claims for damages resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent action by us, our legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2)     In the event of a breach of essential contractual obligations, we are only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless it is a matter of claims for damages resulting from injury to life, limb or health. 

(3)     The restrictions of para.  1 and 2 also apply to our legal representatives and vicarious agents if claims are asserted directly against them.

(4)     Which result from para.  1 and 2 resulting limitations of liability do not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same applies if we have made an agreement with you about the nature of the item. The provisions of the Product Liability Act remain unaffected.

12   Change of Terms and Conditions

(1)     We reserve the right to make changes to these terms and conditions. Insofar as the changes affect your existing customer account, in particular the regulations regarding the conclusion of the contract or registration (sections 3 and 4), we will only change the GTC if this becomes necessary due to legal or technically necessary innovations.

(2)     If we make changes as described above, we will inform you about this by e-mail or in your customer account. We will point you to where you can read the changes.

(3)     If you agree to the changes with an e-mail to contradiction@rashball.com  If you do not object within two weeks, we will take this as your approval of the changes. We will also tell you how to opt out in the email notifying you of the changes.

13     Final Provisions

(1)     The law of the Federal Republic of Germany applies to contracts between us and you, excluding the UN Sales Convention. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which you as a consumer have your habitual residence, remain unaffected.

(2)     If the customer 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 contractual relationships between you and us is Berlin.

(3)     The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.

(4)     The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts.  More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

Sweepstakes Terms 

1.     We, OHA UG (limited liability), Rotdornhof 5, 18107 Rostock  (hereinafter: Rashball), offer competitions via our website https://rashball.com, via our social media presence or at temporary sales stands.

2.     You can take part in the sweepstakes if you are at least 18 years old. 

3.     We will describe the prizes, the competition period and how you can participate in the competition in the competition announcement. 

4.     Unless we state otherwise in the sweepstakes announcement, we will notify you of your win by email. Or, if we organize the competition on Instagram via an Instagram direct message and if we organize the competition on Facebook via a Facebook direct message.

5.     You can also find information on data protection in our data protection declaration (https://rashball.com/datenschutz). 

6.     Insofar as we organize the competitions via our Instagram account, the competition is not connected to Instagram. It is not sponsored, endorsed or organized by Instagram. With your participation, you release Instagram from any claims.

7.     Insofar as we organize the competitions via our Facebook account, the competition is not connected to Facebook. It is not sponsored, endorsed or organized by Facebook. With your participation, you release Facebook from any claims.