General Terms And Conditions

General Terms and Conditions

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The following General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and entrepreneurs.

Consumers are consumers within the meaning of the Consumer Protection Act (KSchG) and are therefore natural or legal persons who are not entrepreneurs.

With regard to entrepreneurs, the following applies: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

An entrepreneur is any person for whom the transaction forms part of the operation of their business. An enterprise is any organization established on a permanent basis for independent economic activity, regardless of whether it is intended to make a profit. Legal entities under public law are always considered entrepreneurs.

Offer, Conclusion of Contract and Availability

The purchase contract is concluded with RP Handels und Service GmbH.

The presentation of goods in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order. By clicking the order button, you submit a binding offer to conclude a purchase contract for the goods contained in the shopping cart.

The contract is only concluded when we expressly accept your offer, for example by sending an order confirmation by email or by dispatching the goods. An automatically generated order confirmation does not yet constitute acceptance of the offer.

We reserve the right to reject orders or withdraw from the contract if

• the ordered goods are not available, or
• there are obvious pricing, calculation, or system errors.

Any payments already made will be refunded immediately in such cases.

You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your order by using the correction tools provided and explained during the ordering process.

Delivery Prices and Cancellation

For certain items, our delivery prices are displayed as flat-rate prices. These prices include all costs incurred for shipping and delivery. Cancellation after completion of the order is generally not possible and will only be granted in exceptional cases following individual review.

Cash Discount Deduction

The deduction of cash discounts is not permitted unless expressly agreed in writing. All stated prices are payable in full without deductions.

Announcement of Price Adjustments for Distribution and Trading Partners

We always endeavor to announce price adjustments to our distribution and trading partners as early as possible. In rare, unforeseeable cases (disruptions of supply chains, atypical fluctuations in material, personnel, or logistics costs, pandemics, etc.), we reserve the right to implement dynamic, short-term price adjustments without prior communication.

Furthermore, we offer end customers special conditions for public holidays and sales campaigns, from which distribution or trading partners are excluded. Offering goods passed on to distribution or trading partners below cost price over extended periods in order to compensate for such special conditions is not permitted.

The language(s) available for concluding the contract: German, English, French

We store the contract text and send you the order data and our GTC in text form. For security reasons, the contract text is no longer accessible via the internet.

4.1 Product Description

Reference is made to the validity of the respective product description as an essential component of the contract.

4.2 Product Images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you are unsure, please contact us:

Due to individual screen configurations (e.g. resolution and brightness), minor deviations between the displayed and actual product colors are possible.

With wooden products, natural variations in grain, structure, and color of the wood may occur.

4.3 Right of Use

Sketches, designs, preliminary products, etc. created by us for the fulfillment of the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of fulfilling the order to the extent contractually agreed.

5.1 Requirements

If it is necessary for the fulfillment of the order that you provide us with content (e.g. texts, data, files), the technical possibilities available and any applicable requirements are determined by the respective product description.

You are solely responsible for the content you provide, including its legality and accuracy. We do not conduct any editorial or content review prior to execution of the order.

5.2 Compliance with Applicable Law

The content and the products created from it must always comply with the applicable legal provisions. In particular, they must not infringe the rights or claims of third parties (especially copyrights, trademark rights, or other protective rights) and must not contain or serve violent, discriminatory, racist, xenophobic, immoral, or unconstitutional content.

5.3 Indemnification

You shall indemnify us against claims by third parties that they may assert against us in connection with an infringement of their rights through the contractual use by us. This also includes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. The indemnification does not apply if the infringement is not attributable to you. In the event of claims by third parties, you are obliged to provide us immediately, truthfully, and completely with all information required to examine the claims and mount a defense.

5.4 Right of Withdrawal

We reserve the right to reject the order or withdraw from the contract if the content provided by you violates statutory or official prohibitions or public morals, or if there is reasonable suspicion thereof. This applies in particular in cases involving unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or violence-glorifying content.

The provision of assembly services requires an explicit agreement.

6.1 Selection of the Service Provider

We shall perform the service at our discretion either ourselves or through qualified personnel selected by us. We expressly reserve the right to have the service performed by third parties (subcontractors) acting on our behalf.

You are only entitled to request the selection of a specific person for performance if and to the extent that this is expressly stated in the respective service description.

If and insofar as third parties are engaged to perform the service, we remain fully responsible for fulfilling the contractual obligations.

Prior to engaging third parties, we will verify their reliability, suitability in terms of professional training, experience, and/or ability to perform the service in accordance with the contract and will obligate them accordingly.

6.2 Access to the Assembly Site

The product will be delivered to the assembly site. You are obliged to grant the persons commissioned with the assembly access to the assembly site.

7.1 Delivery Options

We ship the products to the delivery address specified during the ordering process.

You generally have the option of collecting the goods from RP Handels und Service GmbH, Bahnhofstrasse 10, 9711 Paternion, Austria during the following business hours: Monday to Thursday from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 4:00 p.m., Friday from 9:00 a.m. to 12:00 p.m. Please arrange an appointment by phone for self-collection; collection without prior appointment is not possible. As self-collection incurs costs (personnel, forklift, etc.), a small collection fee will be charged.

Any extraordinary right of termination without notice for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, continuation of the contractual relationship until the agreed termination or expiration of a notice period cannot reasonably be expected.

The provision of § 1162 ABGB remains unaffected.

Termination must be made in text form (e.g. letter, email).

We do not deliver to parcel stations.

7.2 Delivery by Freight Forwarder

Appointment Scheduling

In the case of delivery by freight forwarder, the logistics company commissioned by us will contact you to arrange a delivery date.

Place of Delivery

The delivery of the goods is limited to transport and unloading of the goods at the first public curb of the agreed delivery address. Delivery does not include delivery to specific rooms or assembly and/or installation of the ordered goods, unless expressly agreed otherwise.

Required On-Site Conditions

The product must be transportable by two persons to the agreed delivery location (in particular with regard to doors, stairs, stairwells, etc.). Information on packaging dimensions can be found in the offers.

If any of the above requirements are not met or if you have any doubts, please contact us by phone before placing your order.

The unloading and any subsequent transport of the goods to the agreed delivery location shall be carried out jointly by the freight driver and the recipient. Information on packaging dimensions can be found in the offers.

The unloading and any subsequent transport of the goods to the agreed delivery location shall be carried out jointly by the freight driver and the recipient. Information on packaging dimensions can be found in the offers.

With respect to merchants, the following applies: The unloading and any subsequent transport of the goods to the agreed delivery location shall be carried out jointly by the freight driver and the recipient. Information on packaging dimensions can be found in the offers.

8.1 Prices

The prices stated at the time of the order apply. These are total prices and include statutory value-added tax.

8.2 Due Date and Default

The price is due upon conclusion of the contract unless a later date results from the following payment terms.

8.3 Payment Methods

The following payment methods are generally available in our shop: Apple Pay, Bancontact, cash payment, Belfius, eps, giropay, iDeal, KBC, Klarna Pay Later, Klarna Pay Now, Klarna Slice It, credit card, cash on delivery, PayPal Checkout, Przelewy24, SOFORT, advance bank transfer.

The available payment methods will be displayed during the ordering process. Depending on which online shop you place your order through and from which region, the range of available payment methods may vary.

For marketing purposes, RP Handels und Service GmbH reserves the right to communicate the issuance or publication of coupons together with external cooperation partners, companies, and influencers. Coupons can only be redeemed for purchases in the shop. Redemption may be limited to selected products and services. Cash redemption of coupons is not possible.

Decisions regarding the number of coupons issued, the amount of individual price reductions, and the temporal, geographical, or economic scope of applicability of individual coupons for products and services are at all times at the discretion of RP Handels und Service GmbH. Redemption takes place during the ordering process on the shop page by entering the coupon code in the designated field. The use of the coupon is then confirmed and displayed during the payment process. For special sales campaigns, it may be necessary due to technical or logistical limitations to deactivate individual or all coupons for an indefinite period. External cooperation partners, companies, and influencers will be informed promptly in such cases.

Coupons may only be used by end customers. Purchase amounts using coupon codes are capped per end customer at a maximum of EUR 10,000 per year. In the event of manipulative use of coupons, the company reserves the right to cancel orders, where applicable in communication with the end customer, or to correct them by mutual agreement.

Consumers are entitled to the statutory right of withdrawal as described in the withdrawal instructions. Entrepreneurs are not granted a voluntary right of withdrawal.

The product remains our property until full payment has been made.

For entrepreneurs, the following additionally applies: We retain ownership of the product until all claims arising from an ongoing business relationship have been fully settled. You may resell the goods subject to retention of title in the ordinary course of business; all claims arising from such resale are hereby assigned to us in advance in the amount of the invoice total, irrespective of whether the goods subject to retention of title are combined or mixed with a new item, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves insofar as you do not meet your payment obligations.

For consumers, the following applies: If goods are delivered with obvious transport damage, please report such defects to the carrier immediately and contact us without delay. Failure to report or make contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurer.

For entrepreneurs, the risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment.

You are responsible for properly and regularly backing up your data. We are not liable for damage resulting from the loss of data if you could have prevented the data loss through regular and complete data backups.

The above limitation does not apply to claims for damages caused by us, our legal representatives, or vicarious agents

• in the event of injury to life, body, or health,
• in the event of intentional or grossly negligent breach of duty or fraud,
• in the event of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations),
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

Applicability of Statutory Warranty Law

Unless expressly agreed otherwise below, the statutory warranty law applies.

The following limitations and reductions of limitation periods do not apply to claims for damages caused by us, our legal representatives, or vicarious agents

• in the event of injury to life, body, or health,
• in the event of intentional or grossly negligent breach of duty or fraud,
• in the event of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations),
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

Restrictions for Entrepreneurs

With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions incorporated into the contract shall be deemed to constitute an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for warranty claims for newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used in accordance with its customary use for a building and has caused its defectiveness. The sale of used goods is made with the exclusion of any warranty. The statutory limitation periods for recourse claims pursuant to § 933b ABGB remain unaffected.

Notice for Merchants

For merchants, the inspection and notification obligations regulated in § 377 UGB apply. If you fail to provide the notice regulated therein, the goods shall be deemed approved unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

Warranties and Customer Service

Information on any additional warranties that may apply and their exact terms can be found with the respective product and on special information pages in the online shop.

Customer service: You can reach our customer service for inquiries by telephone at +43 4245 65900 or via our email address sales@rc-pt.com.

We shall be liable without limitation for claims arising from damages caused by us, our legal representatives, or vicarious agents

• in the event of injury to life, body, or health,
• in the event of intentional or grossly negligent breach of duty,
• in the event of a warranty promise, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations), due to slight negligence by us, our legal representatives, or vicarious agents, liability shall be limited in amount to the foreseeable damage at the time of conclusion of the contract, the occurrence of which must typically be expected.

In all other respects, claims for damages are excluded.

For the resolution of disputes arising from a contractual relationship with a consumer or regarding whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration body. The competent body is the Internet Ombudsman Office, Ungargasse 64-66/3/404, 1030 Vienna, https://www.ombudsstelle.at/. We will participate in dispute resolution proceedings before this body.

If you are an entrepreneur within the meaning of the Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.

Should individual provisions of these GTC be wholly or partially invalid, the remainder of the contract shall remain valid. To the extent that individual provisions are invalid, the content of the contract shall be governed by the statutory provisions.