General Terms And Conditions
General Terms and Conditions and Consumer Information
§ 1 Basic provisions
(1) The following Terms and Conditions apply to all contracts between RP-Handels und Service GmbH, Bahnhofstrasse 10, 9711 Paternion, Austria – referred to as Vendor below – and the Customer, which are concluded through the Vendor’s Web site at: http://www.atlanis.de. Unless agreed upon otherwise, we object to the inclusion of the Customer’s own terms and conditions.
(2) Consumer as defined in the following rules and regulations is any natural person who engages in a legal transaction for a purpose that cannot be seen as being for either his or her commercial or self-employed professional activity. Entrepreneur is any natural person or legal entity or a partnership with legal capacity that acts in fulfillment of his/her self-employed professional or commercial activity when concluding a legal transaction.
(3) The language of the contract is German. The full text of the contract is not stored with the Vendor. Before submitting the order via the online shopping cart system, the contract data can be printed out by means of the printer function of the browser or saved electronically. After receipt of the order by the Vendor, the order data, the information required by law in the case of distance selling contracts and the General Terms and Conditions will be sent once again by e-mail to the Customer.
In the case of inquiries about product offers, which the Vendor receives by e-mail, by fax, in writing or via the inquiry form integrated on the Web site of the Vendor, the Customer receives all the contract data within the framework of a binding offer by e-mail, which the Customer can print out or save electronically.
§ 2 Subject of the contract
The subject of the contract is the sale of goods. The details, in particular the essential features of the goods, can be found in the description of the items and the supplementary data on the Web site of the Vendor.
§ 3 Conclusion of the contract
(1) The product presentations of the Vendor on the Internet are non-binding and do not constitute a binding offer for the conclusion of a contract.
(2) The Customer can submit a binding purchase offer (order) via the online shopping cart system.
In so doing, the goods he intends to purchase will be placed in the "Shopping Cart." Using the corresponding button in the navigation bar, the Customer can access the "Shopping Cart" and make changes to it at any time. After accessing the "Checkout" page and entering the personal data as well as the terms of payment and delivery, all the order data are displayed once again on the "Order Summary" page.
Before submitting the order, the Customer has the possibility to check or change (also via the "Back" function of the Internet browser) all the details of the order again, or to cancel the purchase. In sending the order by clicking the "Order Subject to Payment" button, the Customer places his binding offer with the Vendor.
The Customer then receives an automatic e-mail confirming the receipt of his order, which does not yet result in the conclusion of a contract.
(3) Acceptance of the offer (and thus the conclusion of the contract) is made by a confirmation in text form (e.g. e-mail), in which the Customer receives confirmation of the execution of the order or delivery of the goods. Should the Customer not receive any order confirmation or notification of a delivery or have received no goods within 5 days, he is no longer bound to his order. Where appropriate, services that have already been performed will in such a case be refunded without delay.
(4) Inquiries by the Customer concerning the purchase of goods or the individual creation of an order outside of the online shopping cart system, which are sent by phone, by e-mail, by fax, in writing or via a the inquiry form integrated on the Web site of the Vendor, for example, are not binding for the Customer. The Vendor shall submit to the Customer for this purpose a binding offer in text form (e.g. by e-mail), which the customer can accept within 5 days.
(5) The processing of the order and delivery of all required information in connection with the conclusion of the contract is sent by e-mail, automatically in some cases. The Customer must therefore ensure that the e-mail address stored with the Vendor is correct, that the receipt of the e-mails is technically ensured and that, in particular, it is not prevented by the SPAM filter.
§ 4 Prices, shipping costs
(1) The prices given in the respective offers as well as shipping costs are final prices. They include all price elements, including all applicable taxes. If the delivery is made to non-EU countries, additional duties, taxes or fees are payable by the Customer – not to the Vendor, though, but to the competent customs or tax authorities. The Customer is advised to inquire at the customs or tax authorities as to details in this respect prior to making the order.
(2) Shipping costs that incur are not included in the purchase price. They can be accessed on the "Shipping" page, will be shown separately during the ordering process and shall also be borne by the Customer, unless free delivery has been confirmed.
(3) The Customer will receive a VAT invoice.
§ 5 Terms of payment and delivery
(1) For the terms of payment and delivery, see the "Payment Methods" button in the navigation.
(2) Insofar as the various means of payment are not otherwise specified, the payment entitlements from the concluded contract are due for payment immediately.
(3) Should a product ordered by the Customer not be available despite the timely conclusion of an adequate covering transaction due to reasons for which the Vendor is not responsible, the Customer will be informed immediately about the non-availability and, in the case of cancellation, will be refunded immediately any payments he has made already.
(4) For consumers, it is governed by legislation that the risk of accidental loss and accidental deterioration of the sold goods during the shipment passes to the Customer only upon handover of the goods to the Customer, regardless of whether the shipment was insured or uninsured. If the Customer is an entrepreneur, the delivery and shipment shall be at his own risk.
(5) For partial payment transactions (online installment purchase), our Special Contract Conditions for Partial Payment Transactions apply in addition. If and to the extent that the Special Contract Conditions for Partial Payment Transactions are in conflict with these General Terms and Conditions, the Special Contract Conditions for Partial Payment Transactions have priority. The Special Contract Conditions for Partial Payment Transactions can be viewed here.
§ 6 Electronic invoicing
(1) The invoice will be transmitted electronically via email to the registered email-address. The customer waives any request for receipt of the invoice by regular mail, and expressly declares the consent for the electronic invoice dispatch.
(2) The customer has to ensure that the receipt of the electronic invoice can be carried out properly and is responsible for the provision of the necessary technical conditions for the reception of emails. Automated electronic replies like out of office notifications can not be considered by the RP Handels und Service GmbH and do not preclude a valid dispatch.
(3) The customer has to ensure that the email address in the customer portal is up-to-date.
(4) The RP Handels und Service GmbH is not liable for damage caused by the higher risk resulting from the electronic invoice dispatch. The customer is carrying the increased risk of unauthorized access to the invoice data by third parties.
(5) The customer may revoke the consent to the electronic invoicing in writing at any time. In that case the invoice will be sent to the customer by mail to the last indicated address. The RP Handels und Service GmbH reserves the right to change the electronic invoicing to postal invoicing in the case of an important reason. In that case the invoice will be sent to the last indicated postal address.
§ 7 Return costs when exercising the right of revocation
In the event that the legally applicable consumer’s right of revocation in distance selling contracts is exercised, it is agreed that the Customer must bear the regular costs of the return shipment if the price of the item to be returned is an amount that does not exceed 40 euros; or if the consideration or a contractually agreed partial payment has not yet been provided by the Customer at the time of cancellation, unless the delivered goods do not correspond to the goods ordered. In all other cases, the Vendor bears the costs of returning the goods.
§ 8 Right of retention, reservation of title
(1) A right of retention can only be exercised by the Customer as far as it relates to claims from the same contractual relationship.
(2) The goods remain the property of the Vendor until complete payment of the purchase price.
(3) If the Customer is an entrepreneur, the following applies in addition:
a) The Vendor reserves the right to ownership of the goods until the complete settlement of all claims arising from the ongoing business relationship. The Customer shall not have the right to pledge the goods as security or assign them as collateral before the transfer of ownership.
b) The Customer is entitled to continue to sell the goods in the ordinary course of business. In this case, he assigns already now all claims in the amount of the invoice that are gained from the resale of the goods to the Vendor who accepts the assignment. The Customer is authorized to collect the assigned claims. Insofar as he does not fulfill his payment obligations properly, however, the Vendor reserves the right to collect the claim himself.
c) In the case of combination and mixing of the reserved goods, the Vendor acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of the processing.
d) The Vendor undertakes to release the securities to which he is entitled at the request of the Customer insofar as the realizable value of the Vendor's securities exceeds by more than 10% the claim to be secured. The selection of the securities to be released is incumbent upon the Vendor.
§ 9 Warranty
(1) The statutory provisions shall apply.
(2) As a consumer, the Customer is requested to check the goods immediately at delivery for completeness, obvious defects and damage in transit and make any complaints to the Vendor and the shipper as fast as possible. If the Customer does not follow through on this procedure, this has no effect on the legal warranty claims.
(3) If the Customer is an entrepreneur, the following shall apply by way of derogation to Paragraph 1:
a) With respect to the quality of the goods, the Vendor's own data and the manufacturer's product description shall be deemed agreed, not other advertising, public recommendations and statements made by the manufacturer, however.
b) The Customer has the obligation of checking the goods immediately and with all due care for any defects in terms of quality and quantity and to give notice of such to the Vendor immediately in writing within 7 days from receipt of the goods; the timely dispatch of the notification is sufficient here in order to observe the time limit. This also applies to any hidden defects discovered later, i.e. within 7 days upon discovery. The assertion of the warranty claims is excluded in the event of infringement of the duty to examine and give notice of defects.
c) The Vendor first has the option to remedy defects by rectification or replacement delivery of the goods. If the remedy of the defect fails on two occasions, the Customer may, at his discretion, demand a reduction in the purchase price or withdraw from the contract. In the case of remedy, the Vendor does not have to bear the increased costs caused by the shipment of the goods to a place other than the place of fulfillment, provided that the shipment is not the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to damages culpably attributable to the Vendor arising from any injury to life and damages caused deliberately or by gross negligence or fraudulent intent on the part of the Vendor.
§ 10 Liability
(1) The Vendor shall assume unlimited liability for damages arising from any injury to life, body or health; in all cases of intent and gross negligence, fraudulent concealment of a defect, acceptance of a guarantee for the quality of an object of purchase, in the event of damage according to the product liability law and in all other cases regulated by law.
(2) If essential contractual obligations are concerned, the liability of the Vendor in the case of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations, which arise from the nature of the contract and whose violation would put at risk the accomplishment of the purpose of the contract; as well as obligations that the contract imposes upon the Vendor for the accomplishment of the purpose of the contract, whose fulfillment the proper implementation of the contract first makes possible at all and upon whose compliance the Customer can usually trust.
(3) In the case of violation of non-essential obligations, the liability for slightly negligent breaches of duty are excluded.
(4) The data communication over the Internet cannot be guaranteed to be error-free in accordance with the current state of the art and/or to be available at all times. The Vendor shall not be liable in this respect for the continuous or uninterrupted availability of the Web site and the services offered there.
§ 11 Choice of law, place of fulfillment, place of jurisdiction
(1) Austrian law shall apply. For consumers, this choice of law applies only to the extent that the Customer is not deprived of the protection granted by the mandatory provisions of the law of the country of the consumer's usual residence (favorability principle).
(2) Place of fulfillment for all services arising from the business relations with the Vendor as well as the court of jurisdiction is the registered office of the Vendor to the extent that the Customer is not consumer but a merchant, a legal entity under public law or public-law special funds. The same applies if the Customer has no general place of jurisdiction in Austria or in the EU or the habitual residence at the time of the filing of a lawsuit is not known. The capacity to appeal to another court of jurisdiction remains thereby unaffected.
(3) The provisions of the UN convention on the International Sales of Goods shall not apply.
§ 1 Scope
The following T&Cs apply to all orders placed via our online shop.
These T&Cs 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 purchase contract is concluded with RP Handels und Service GmbH.
The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a 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 your 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 concluding the contract are German and English.
We save the text of the contract and forward the order data and our T&Cs to you by e-mail. 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: Mo - Thu from 9 a.m. - 12 a.m. and 2 p.m. - 5 p.m., Fr from 9 a.m. - 12 a.m. The complete amount will be paid in cash upon collection of the goods at our warehouse. Please make an appointment before freight pickup.
We do not deliver to packing stations.
§ 5 Payment
The following payment methods are basically available in our online shop:
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 2% will apply, unless you are a consumer who has his habitual residence in France or Austria.
Direct debiting via BillPay
Upon successful adress and credit check during the ordering process, by placing your order you issue the online provider, BillPay, a Direct Debit Mandate 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 here: https://www.billpay.de/agb/.
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 afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
SOFORT Online Bank Transfer
After placement of the order, you will be forwarded to the online SOFORT GmbH website. In order to pay the invoice amount via SOFORT, you must have an online banking account with PIN/TAN process for participating in SOFORT, 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.
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 here: https://www.billpay.de/agb/.
Payment by instalments
In collaboration with the online services provider Santander Finanzierung, 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 Finanzierung apply.Further information and the full GTCs of Santander Finanzierung can be found here: https://www.santander.de/privatkunden/service-kontakt/downloads/.
Cash payment on collection
You pay the invoice amount in cash on collection.
§ 6 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.
§ 7 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 German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 391 UGB (Austria) resp. § 377 HGB (Germany): 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.
§ 8 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.
§ 9 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.
§ 10 Code of conduct
We have submitted to the following codes of conduct:
Trusted Shops Quality Criteria
§ 11 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/.
We are ready to participate in extra-judicial 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/.
§ 12 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 German Commercial Code (HGB), 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.