Allgemeine Geschäftsbedingungen

The following General Terms and Conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

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

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

An entrepreneur is someone for whom the business is part of the operation of his company. A company is any permanent organization of independent economic activity, even if it is not aimed at profit. Legal entities under public law are always considered entrepreneurs.

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

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another confirmation by email.

Announcement of price adjustments by sales and trading partners

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

We also offer end customers special conditions for holidays and sales promotions from which sales or trading partners are excluded. Offering goods passed on to sales or trading partners below the cost price to compensate for these special conditions on our part over longer periods of time is not permitted.

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

We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.

4.1 Product description

The validity of the respective product description as an essential part of the contract is pointed out.

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 the actual product colors are possible.

With wooden products, natural deviations in the grain, structure and color of the wood are possible.

4.3 Right of use

The sketches, drafts, preliminary products, etc. that we may create to fulfill 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 agreed in the contract.

5.1 Requirements

If it is necessary for you to send us content (e.g. texts, data, files) in order to fulfill the order, the technical options available for this and any applicable requirements are based on the respective product description.

You are solely responsible for the content, including the legality and accuracy of the content you submit. We do not carry out any editorial review of the content before executing 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 and claims of third parties (in particular copyright, trademark or other protective rights) and must not contain or serve any content that glorifies violence, is discriminatory, racist, xenophobic or other immoral or unconstitutional.

5.3 Exemption

You indemnify us against claims by third parties that they may assert in connection with an infringement of their rights through our contractual use. You also assume the necessary costs of legal defense, including all court and attorney fees at the statutory rate. The indemnity does not apply if you are not responsible for the infringement. In the event of a claim by a third party, you are obliged to provide us with all information that is necessary for examining the claims and for a defense, immediately, truthfully and completely.

5.4 Right of withdrawal

We reserve the right to reject the order or to withdraw from the contract if the content you have provided for this purpose violates legal or official prohibitions or common decency, or if there is reasonable suspicion of this. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or glorifies violence.

The provision of assembly services requires an express agreement.

6.1 Selection of the service provider

We will provide the service at our discretion either personally or through qualified personnel selected by us. We expressly reserve the right to have services provided by third parties (subcontractors) who work on our behalf.

You only have the right to select a specific person to provide the service if and to the extent that this is expressly stated in the applicable service description.

If and to the extent that third parties are used to provide the service, we remain fully responsible for fulfilling the contractual obligations.

Before using third parties, we will check them for their reliability, suitability in terms of professional training, experience and/or ability to provide the contractual service and oblige them to do so.

6.2 Access to the installation site

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

7.1 Delivery options

We send the products to the delivery address specified in the order process.

You generally have the option of picking up the products 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 2:00 p.m. to 4:00 p.m., Friday from 9:00 a.m. to 12:00 p.m. If you are picking up the products yourself, please make an appointment by phone; collection is not possible without prior appointment! Since there are costs involved in picking up the products yourself (personnel, forklifts, etc.), a small collection fee will be charged.

Any extraordinary right of termination without notice for good cause remains unaffected. An important reason exists if the terminating party cannot be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all the circumstances of the individual case and balancing the interests of both parties.

The regulation of § 1162 ABGB remains unaffected.

The termination must be in text form (e.g. letter, e-mail).

We do not deliver to packing stations.

7.2 Delivery by freight forwarder

Appointment arrangement

For freight forwarding deliveries, the freight forwarding company commissioned by us will contact you for the purpose of arranging a delivery date.

Place of delivery

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

Required local conditions

The product must be able to be transported by two people to the agreed delivery location (particularly with regard to any doors, stairs, stairwells, etc.). Information on the packaging dimensions can be found in the offers.

If one of the above requirements is not met or you have any doubts, please contact us by telephone before placing your order.

Cooperation of the recipient

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

The following applies to merchants: Deviating from the previous sentence, the recipient is responsible for the unloading and any subsequent transport of the goods to the agreed delivery location.

8.1 Prices

The prices stated at the time of the order apply. These are total prices and include VAT.

8.2 Due date and late payment

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

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 payment transfer

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

For marketing purposes, RP Handels und Service GmbH reserves the right to communicate the issue or publication of coupons with external cooperation partners, companies and influencers. Coupons can only be redeemed for purchases in the shop. Redemption can be made for the purchase of selected products and services. The coupons cannot be redeemed for cash.

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

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

Consumers have the statutory right of withdrawal, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

The product remains our property until it has been paid in full.

The following applies in addition to entrepreneurs: We retain title to the product until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and please contact us immediately. Failure to complain or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the freight carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in Section 377 of the Austrian Commercial Code applies. If you fail to give the notification regulated there, the goods are deemed to have been approved, unless the defect is one that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

You are responsible for properly and regularly backing up your data. We are not liable for damages resulting from the loss of data if you could have avoided the loss of data by making regular and complete data backups.

The above restriction does not apply to claims based on 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 and fraudulent intent
• in the event of breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is open.

Application of statutory liability for defects

Unless expressly agreed otherwise below, statutory liability for defects applies.

The following restrictions and shortening of deadlines do not apply to claims based on damage 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 and fraudulent intent
• in the event of breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations)
• within the framework of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is open.

Restrictions on Entrepreneurs

For entrepreneurs, only our own information and the manufacturer's product descriptions that have been included in the contract are deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defectiveness. The sale of used goods is made without any warranty. The statutory limitation periods for the right of recourse under Section 933 b ABGB remain unaffected.

Note for merchants

The obligation to inspect and give notice of defects regulated in Section 377 UGB applies to merchants. If you fail to give the notification regulated there, the goods are deemed to have been approved, unless the defect was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found on the product and on special information pages in the online shop.

Customer service: You can contact our customer service for questions by calling +43 4245 65900 or by emailing sales@rc-pt.com.

We are always liable without limitation for claims based on damage 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 guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the amount of damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

We have subjected ourselves to the following codes of conduct:

• Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

The European Commission provides a platform for online dispute resolution (ODR), which you can find here. Consumers have the opportunity to use this platform to settle their disputes.

The Internet Ombudsman Association, Ungargasse 64-66/3/404, 1030 Vienna, www.ombudsmann.at.

If you are an entrepreneur within the meaning of the Austrian 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 is our place of business.

If individual clauses of these General Terms and Conditions are wholly or partially invalid, the remainder of the contract remains valid. If individual clauses are invalid, the content of the contract is governed by the statutory provisions.