General Terms And Conditions

The following terms and conditions 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 therefore 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 business is part of the operation of his company. A company is any long-term organization of independent economic activity, even if it is not aimed at making a 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 your 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 contained 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 for 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 in 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.

We also offer end customers special conditions for holidays and sales campaigns, 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

We point out the validity of the respective product description as an essential part of the contract.

4.2 Product images

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

Due to individual screen configurations (e.g. resolution and brightness), slight differences between the shown and the actual product colors are possible.

For 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 existing technical options and any applicable requirements depend 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 content or editorial checks before executing the order.

5.2 Compliance with applicable law

The content and the products created from it must always be in accordance with the applicable legal regulations. In particular, they may not violate any rights or claims of third parties (in particular copyrights, trademarks or other protective rights) and may not contain any content that glorifies violence, discriminates, is racist, xenophobic or other immoral or unconstitutional or serves any purpose.

5.3 Exemption

You release us from any claims that third parties may assert in connection with a violation of their rights through our contractual use. You also assume the necessary costs of legal defense, including all court and legal fees at the statutory rate. The exemption 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 immediately, truthfully and completely with all information required to examine the claims and defend them.

5.4 Reservation of withdrawal

We reserve the right to refuse the order or 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 in this regard. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or content that glorifies violence.

The provision of assembly services requires an express agreement.

6.1 Selection of the service provider

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

You are only entitled 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 the provision of the contractual obligations.

Before using third parties, we will check them with regard to their reliability, suitability in terms of professional training, experience and/or ability to provide services in accordance with the contract and require them to do so.

6.2 Access to the assembly site

The product is delivered to the assembly site. You are obliged to grant the person responsible for the assembly access to the assembly site.

7.1 Delivery options

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

You generally have the option of collecting 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 want to pick it up yourself, please make an appointment by phone; collection is not possible without prior appointment! Since there are costs associated with self-collection (staff, forklift, etc.), a small collection fee will be charged.

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

The regulation of the § 1162 ABGB remains unaffected.

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

We do not deliver to packing stations.

7.2 Delivery by freight forwarder

Make an appointment

For freight forwarding deliveries, the freight forwarding company we commission will contact you to arrange a delivery date.

Delivery location

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

Required local conditions

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

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

Contribution of the recipient

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

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

8.1 Due date and late payment

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

8.2 Payment methods

The following payment methods are generally available to you in our shop: Advance payment via bank transfer, Apple Pay, Bancontact, Belfius, Cash on delivery, Cash payment upon collection, Credit Card, eps, giropay, iDeal, KBC, Klarna Pay Later, Klarna Pay Now, Klarna Slice It, PayPal Checkout, Przelewy24, SOFORT

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 about the number of coupons issued, the amount of individual price reductions, as well as the temporal, geographical or economic scope of individual coupons for products and services are the responsibility of RP Handels und Service GmbH at all times. The 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 of time 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 year per end customer. If coupons are used manipulatively, the company reserves the right to cancel orders, if necessary, by communicating with the end customer or to correct them by mutual agreement.

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

The product remains our property until full payment has been made. The invoice is generally only created when the goods are delivered.

The following also applies to entrepreneurs: We reserve ownership of 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 all claims arising from this resale to us in advance - 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 report such errors to the delivery person as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the 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. The obligation to investigate and give notice of complaints regulated in Section 377 of the German Commercial Code (UGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect 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 data loss through regular and complete data backup.

The above restriction does not apply to claims due to damage caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty or fraudulent intent
• in the event of a 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 can regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed, or
• as far as the scope of application of the Product Liability Act is open.

Applicability of the statutory liability law for defects

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

The following restrictions and shortened deadlines do not apply to claims due to damage caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health
• in the event of intentional or grossly negligent breach of duty or fraudulent intent
• in the event of a 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 can regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed, or
• as far as the scope of application of the Product Liability Act is open.

Restrictions against entrepreneurs

For entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, are deemed to be an agreement about 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 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 normal use and has caused its defectiveness. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 933 b ABGB remain unaffected.

Note to merchants

The obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (UGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.

Warranties and customer service

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

Customer service: If you have any questions, you can reach our customer service via telephone number +43 4245 65900 or our email address sales@rc-pt.com.

We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health,
• in the event of intentional or grossly negligent breach of duty,
• in the case of guarantee promises, if agreed, or
• as far as the scope of application of the Product Liability Act is open.

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

In all other respects, 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 (OS) that you here. Consumers have the opportunity to use this platform to resolve their disputes.

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

If you are an entrepreneur within the meaning of the Corporate 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 terms and conditions are wholly or partially ineffective, the rest of the contract remains valid. If individual clauses are ineffective, the content of the contract is based on the legal regulations.