General Terms And Conditions

(last update: 2019-09-25 15:05)
General terms and conditions of RP Handels und Service GmbH valid for Online-Shops 1. Scope

The following Terms and Conditions apply to all orders placed via our online shop.

These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.

2. Contractual partner, formation of contract

The contract is concluded with RP Handels und Service GmbH.

By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

3. Contract language, saving of the contract text

The languages available for contract formation are German, English and French.

We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.

4. Delivery conditions

Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.

You are entitled to collect your order from RP Handels und Service GmbH, Bahnhofstrasse 10, 9711 Paternion, Austria during the following hours of business: Monday - Thursday from 9 a.m. - 12 a.m. and 2 p.m. - 5 p.m., Friday from 9 a.m. - 12 a.m. In case of self collecting good, please arrange for an appointment by phone, as collection of goods is only possible after previous date arrangement! Because of the arising costs through self collection (staff costs, forklift etc.) a small fee will be charged.

We do not deliver to packing stations.

5. Payment

The conditions for payment methods and shipping can be found under the button of the same name in the navigation.

Unless otherwise stated in the individual payment methods, the payment entitlements under the contract are immediately due for payment.

If, contrary to expectation, an ordered product should not be available despite timely completion of an adequate cover transaction for reasons beyond the Provider's control, you will be informed immediately of the non-availability and, in the event of withdrawal, any payments already made will be reimbursed immediately.

For consumers it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment only with the transfer of the goods to the customer, regardless of whether the shipment is insured or uninsured. If the customer is an entrepreneur, the delivery and dispatch takes place at his own risk.

The following payment methods are basically available in our online shop.

Advance payment
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.

Cash on delivery
You will directly pay the purchase price with the deliverer. Additional cost of € 6,99 - 149,99 will apply, unless you are a consumer who has his habitual residence in France or Austria.

Credit Card
With the submission of the order, you provide your credit card details. After your identification as the legal cardholder, the payment transaction is automatically carried out and charged to your card as soon as the good has been sent.

Direct debiting via BillPay
Upon successful adress and credit check during the ordering process, you issue the online provider BillPay a direct debit mandate by placing your order and we assing our claim to BillPay. BillPay will separately provide you information abut the date on which your account will be debited (pre-notification). By submitting the Direct Debit Mandate, BillPay requires its bank to initiate the payment transaction. The payment transaction is carried out automatically and your account is debited. Your account is debited prior to shipment of the goods. For the processing of the payment via BillPay, the GTCs and privacy statement of BillPay apply – in addition to our GTCs. Further information and the full GTCs of BillPay can be found hier.

PayPal, PayPal Express
During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly after shipping the good the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.

SOFORT Online Bank Transfer by klarna
After submitting the order, you will be forwarded to the online SOFORT GmbH website. In order to pay the invoice amount via SOFORT, you must be in possession of a bank account that is activated for participation in online banking, must identify yourself accordingly and confirm the payment instructions to us. You will receive additional information during the order process. The payment transaction will be carried out by SOFORT and debited to your account directly thereafter.

Amazon Pay
During the ordering process you will be forwarded to the online provider Amazon's website before completing the ordering process in our online shop. In order to process the ordering process via Amazon and pay the invoice amount, you must be registered there or register first and identify yourself with your access data. There, you may confirm the delivery address and payment method stored with Amazon and confirm the use of your data by Amazon and the payment instructions to us. After this, you will be returned to our online shop, where you may complete the ordering process. Directly after the order, we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive additional information during the ordering process.

Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.com), Sveavägen 46, Stockholm, Sweden, we offer you purchase on account as a payment option. Please note that Klarna invoice is only available to consumers and that payment must be made to Klarna. When buying on account with Klarna you always receive the goods first and you always have a period of 14 days for payment. The complete terms and conditions for the purchase on account can be found here.

Purchasing on account via BillPay
In order to pay the invoiced amount via the online provider, BillPay, you do not need to be registered there. Upon successful verification of your address and credit check within the scope of the order process and placement of the order, we assign our claim to BillPay. In this case, you can only make payment to BillPay with discharging effect. For payment processing via BillPay, the GTCs and privacy statement of BillPay apply – in addition to our GTCs. Further information and the full GTCs of BillPay can be found hier.

Invoice
You may pay for your purchase by means of bank transfer after you have received the goods together with the invoice. We reserve the right to allow payment by invoice only after we verify your credit rating.

Payment by instalments
In collaboration with the online services provider Santander, we can offer you the option of payment by instalments. A successful address- and credit check is precondition. For the processing of the payment in addition to our GTCs the GTC and privacy statement of Santander apply. Further information and the full GTCs of Santander can be found here: https://www.santanderconsumer.at/agb.

Cash payment on collection
You pay the invoice amount in cash on collection.

Post
Nachnahme Post 6. Right to cancel

Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.

7. Retention of title

The goods shall remain our property until full payment is made.

For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.

8. Damage during delivery

For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the Austrian Commercial Code (UGB) are subject to the inspection and notification requirements set out in § 391 UGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.

9. Warranty and guarantees

We are under a legal duty to supply products that are in conformity with this contract.

For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.

When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.

10. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents

  • for injury to life, limb or health
  • for deliberate or grossly negligent breach of duty
  • for guarantee commitments, where agreed
  • towards consumer.

Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

11. Code of conduct

We have submitted to the following codes of conduct:

Trusted Shops Quality Criteria
https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf

12. Online dispute resolution

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.

In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Internet Ombudsmann, Ungargasse 64-66/3/404, 1030 Wien, https://ombudsmann.at. We will participate in a dispute settlement procedure before this authority.

13. Final provisions

If you are a business, Austrian law applies, to the exclusion of the UN Sales Convention.

If you are a "Kaufmann" within the meaning of the Austrian Commercial Code (UGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.