GENERAL TERMS AND CONDITIONS

As of November 2025

1. Validity

1.1. The following General Terms and Conditions (“GTC”) apply to all purchase contracts between ROHM KG (hereinafter referred to as “Entrepreneur” or ‘we’) and a consumer or entrepreneur (hereinafter referred to as “Contractual Partner”) in the version valid at the time of the order. If a distinction between us as a business and our business customers is necessary, the latter are hereinafter referred to as “B2B Contractual Partners.” Provisions in these GTC for “B2B Contractual Partners” are marked as such and do not apply to consumers.

1.2. You can also access and save the GTC at any time at https://rohm-b2c-shop.rohm.at/rohm-b2c-shop/shop/info/agb. The GTC must be accepted separately during the ordering process before the legal transaction is concluded.

1.3. Any terms and conditions of the contractual partner are expressly rejected and shall only apply if they are expressly confirmed by us in writing.

2. Conclusion of a contract, storage of the contract text

2.1. The following provisions on the conclusion of a contract apply to orders placed via our online shop on the website www.rohm.at.

2.2. In the event of a contract being concluded, the contract is concluded with ROHM KG.

2.3. The presentation of goods in our online shop does not constitute a legally binding contractual offer, but merely invites the interested buyer to place a non-binding order for goods. By ordering the desired goods, the interested buyer submits a legally binding offer to conclude a purchase contract. This offer must first be accepted by the entrepreneur in order for the contract to be concluded.

2.4. The interested buyer submits a binding contract offer by completing the order procedure provided by us in our online shop.

The order via the online shop is carried out in the following technical steps:

1. Click on “Shop” on the home page

2. Select the product

3. Select the product by clicking on “Add to cart”

4. Check the shopping cart

5. Click on the “Proceed to checkout” button

6. Enter your address and payment information

7. Check and correct the data you have entered

8. Submit the binding order by clicking on the “Place order” button.

2.5. Before submitting the binding order, the contractual partner can view the data entered and correct any input errors at any time by clicking on the ‘Back’ and “Next” buttons. Closing the Internet browser will cancel the order process.

2.6. We will immediately confirm receipt of the order by means of an automatically generated email (“confirmation of receipt”).

2.7. The order confirmation contains the order data/contract text and our General Terms and Conditions. For security reasons, this contract text is no longer accessible via the Internet, but is stored electronically by us.

2.8. The contract is concluded upon transmission of an order confirmation, but no later than upon dispatch of the ordered goods or provision of the service.

2.9. If we are unable to fulfill your order for any reason, you will be notified by email.

3. Prices, shipping costs, payment

3.1. The prices quoted are in EUR and include statutory sales tax and other price components. Any shipping costs as well as customs or other import duties shall be added. The shipping costs can be viewed at this link: https://rohm-b2c-shop.rohm.at/rohm-b2c-shop/shop/info/zahlung-und-versand

3.2. The contractual partner has the option of paying by credit card.

3.3. The amount stated on the invoice is due immediately. Discounts require a separate agreement.

3.4. Regardless of the payment method, the contractual partner is obliged to pay the invoice amount stated on the invoice within 7 days of receipt of the invoice at the latest, unless the invoice specifies a different payment term. Payments by the contractual partner are only deemed to have been made when they are credited to our business account. This does not apply if the contractual partner is a consumer.

4. Delivery

4.1. The ordered goods are usually delivered by mail.

4.2. Delivery takes place on the agreed delivery date or within the agreed performance period; otherwise, within 30 days for consumers. The delivery period begins on the day after the contract is concluded. If the end of the period falls on a Saturday, Sunday, or public holiday at the place of delivery, the period shall end on the next working day.

4.3. Delivery may be delayed for goods that have to be manufactured separately. The contractual partner will be informed of the planned delivery date. The delivery period may be extended in the event of unforeseen circumstances beyond the control of the parties, such as force majeure, transport delays, strikes, official measures, etc. The delivery period shall also be extended if the contractual partner fails to fulfill its obligations necessary for execution in a timely manner.

4.4. Unless otherwise agreed, the contractor is entitled to make partial deliveries.

4.5. In the case of sale by delivery to a place other than the place of performance, the risk of accidental loss and accidental deterioration of the goods shall pass to the contractual partner upon handover to the person entrusted with the shipment by us. If shipment is delayed despite readiness for shipment for reasons for which the buyer is responsible, the transfer of risk shall take place upon notification of readiness for shipment. If the contractual partner is a consumer, the transfer of risk shall only take place upon handover of the goods to him or to a third party designated by him who is not the carrier.

4.6. If a package is obviously damaged upon delivery, the contractual partner must insist that this circumstance be recorded in writing by the delivery person. The contractual partner must notify us in writing (by mail or email) of any damage to a product within 3 days. If a consumer misses this deadline, this has no legal effect on the warranty.

5. Retention of title

We retain title to the goods until the purchase price has been paid in full.

6. Consumer's right of withdrawal

If the contractual partner is a consumer, they have a right of withdrawal.

6.1. Withdrawal policy

Right of withdrawal

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

The withdrawal 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 goods or, in the case of partial shipments, on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last item.";

To exercise your right of withdrawal, you must inform us (ROHM KG, Baumbachstrasse 15, 4020 Linz, Austria, Tel. +43-732-777887, office@rohm.at) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, telephone or email). You can use the attached sample withdrawal form for this purpose, but this 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 shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

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

You must return or hand over the goods to us or to [insert the name and address of the person authorized by you to receive the goods, if applicable] immediately and in any case no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.

End of cancellation policy

6.2. Cancellation form

Sample cancellation form

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

To

ROHM KG, Baumbachstrasse 15, 4020 Linz, Austria, office@rohm.at

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

_____________________________________________________

Ordered on

__________________

Name of the consumer(s)

_____________________________________________________

Address of the consumer(s)

_____________________________________________________

Signature of the consumer(s) (only for paper notifications)

__________________

Date

__________________

(*) Delete as applicable.

6.3. Exceptions to the right of withdrawal

There is no right of withdrawal for

1. paid services which the entrepreneur has already begun to perform on the basis of the consumer's prior express consent and has already performed in full, and the consumer has also

a. either confirmed before the start of the service provision that they were aware that they would lose their right of withdrawal upon complete fulfillment of the contract,

b. or expressly requested the entrepreneur to visit them in order to carry out repair work.

2. Goods that are manufactured according to customer specifications or are clearly tailored to personal needs,

3. Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery,

7. Warranty

7.1. The mandatory statutory warranty provisions apply to consumers; in particular, the warranty period for movable goods is two years and for used goods one year. For B2B contractual partners, the warranty period is six months.

7.2. Minor or other changes to our performance or delivery obligations that are reasonable for the contractual partner are deemed to be approved in advance. Changes to the agreed services or objective requirements are reasonable for the contractual partner and do not constitute a defect if the changes are minor and objectively justified. In particular, changes due to materials (e.g., in dimensions, colors, etc.) are considered objectively justified and reasonable.

7.3. If the contractual partner wishes to conclude the contract as a consumer for a specific purpose, this purpose must be communicated to us at the latest upon conclusion of the contract. In order for a contractually guaranteed characteristic within the meaning of § 5 (2) VGG to arise, we must agree to this request. An automatically generated message, such as an order confirmation or confirmation of receipt, does not constitute consent. Even automated activation of digital services does not constitute consent to the intended use on our part. The contract is concluded as described in point 2.

7.4. The photographs contained in a product description are for illustrative purposes only. Due to the uniqueness of the products or the materials used, there may be color variations or slight differences in size between the actual product and its image on the Internet, but this does not entitle the contractual partner to make a complaint.

7.5. A defect does not exist if faults occur in the goods due to improper or unintended use. The manufacturer's instructions must be observed in particular for proper and intended use.

7.6. With regard to B2B contractual partners, the presumption of defectiveness pursuant to § 924 ABGB (statutory reversal of the burden of proof), as well as the right of recourse pursuant to § 933b ABGB and the obligation to update digital products pursuant to § 7 VGG are excluded.

7.7. A defect does not exist if the materials change due to their properties, e.g., tarnishing (darkening, oxidizing) of silver, color changes in turquoise, fading of colors, etc. This can be caused by exposure to light as well as by cosmetics, contact with the skin, etc.

7.8. There is also no defect in the event of allergies or intolerances of the contractual partner to any component of the raw materials used in our products. An allergy or intolerance of the contractual partner does not entitle them to make a complaint. We are not liable for the consequences of the contractual partner's allergy or intolerance.

8. Damages

8.1. The limitations of liability mentioned in this section 8 apply only to B2B contractual partners and are not applicable to personal injury or consumers.

8.2. If we are liable to B2B contractual partners for damages, we are only liable for intent and gross negligence. In the event of a breach of essential contractual obligations (cardinal obligations), the entrepreneur shall also be liable for slight negligence. Essential contractual obligations are those obligations that enable the fulfillment and proper execution of the contract in the first place and on whose compliance a contractual partner may regularly rely (e.g., delivery of contractually owed goods or services).

8.3. Our liability for indirect damage, consequential damage, or lost profits vis-à-vis B2B contractual partners is excluded, unless such damage was caused by intentional or grossly negligent conduct.

8.4. In the case of B2B contractual partners, our liability is limited to the amount of the specific contractual remuneration.

8.5. We accept no liability for the topicality, accuracy, completeness, and content of the information provided.

8.6. We accept no liability for delayed delivery resulting from circumstances beyond our control (e.g., delayed production by the designer in the case of unique items, strikes, or force majeure in the form of weather events).

8.7. We are not liable for allergies or intolerances of the contractual partner to any component of the raw materials used in our products. An allergy or intolerance on the part of the contractual partner does not entitle them to make a complaint.

8.8. Our B2B contractual partner may no longer assert claims for damages after six months have elapsed since they became aware of or could have become aware of the damage.

9. Offsetting, retention

9.1. The right to offset claims against us is excluded. However, if the contractual partner is a consumer, they are entitled to offset their liabilities in the event of our insolvency or for counterclaims that are legally related to the consumer's liability and have been established by a court of law or acknowledged by us.

9.2. The B2B contractual partner shall not have a right of retention.

10. Reduction by more than half

The right to contest the contract on the grounds of reduction by more than half in accordance with § 934 ABGB (laesio enormis) is excluded for B2B contractual partners.

11. Applicable law, place of jurisdiction, place of performance, written form

11.1. Austrian law shall apply exclusively, excluding conflict of law rules and the provisions of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies with the exception of the mandatory provisions of the law of the consumer's habitual residence.

11.2. The exclusive place of jurisdiction for disputes arising from or in connection with the contract or these General Terms and Conditions between the contractual partner and us is the competent court at the registered office of ROHM KG. This does not apply to the places of jurisdiction for consumers that are mandatory under law.

11.3. The place of performance is the registered office of ROHM KG.

11.4. Amendments and supplements to this contract must be made in writing. This also applies to subsidiary agreements and subsequent amendments to the contract, as well as to any waiver of the written form requirement.

12. Contract language

The contract language is German, unless another language has been expressly agreed in writing or is required by law.

13. Data protection

The applicable data protection regulations, in particular the GDPR, are complied with. Our privacy policy and further information can be found on our website at: https://rohm-b2c-shop.rohm.at/rohm-b2c-shop/shop/info/datenschutz.

14. Severability clause

Should individual parts of a contract with a B2B contractual partner, including these General Terms and Conditions, be or become invalid, this shall not affect the validity of the remaining parts, provided that the essential purpose of the contract can still be fulfilled even after the omission.