General Terms And Conditions

(last update: 2023-08-08 13:33)
General terms and conditions 1. Scope

The following Terms and Conditions (Terms) 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, options for corrections

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.

Announcement of price adjustments for sales and trading partners

We always try to announce price adjustments to our sales and trading partners as soon as possible in advance. In rare, unforeseeable cases (supply chain disruptions, 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 public holidays and sales campaigns, from which sales and trading partners are excluded. Offering commodities passed on to sales or trading partners below the cost price to compensate for these special conditions over longer periods of time is not permitted.

3. Contract language, saving of the contract text

The language(s) available for concluding the contract: German, English, 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. - 4 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 a "Packstation".

5. Payment

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

Cash payment, direct debit, cash on delivery, Gebrüder Weiss cash on delivery, postal cash on delivery, invoice, prepayment transfer, Apple Pay, Bancontact, bank transfer, Belfius, credit card, EPS, Giropay, iDEAL, in3, KBC, Klarna Pay Later, Klarna Pay Now, Klarna Slice It, Mollie, MyBank, PayPal, paysafe card, Przelewy24, SOFORT, PayPal Checkout, PayPal credit card, invoice purchase with Ratepay

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. They can be redeemed for the purchase of selected products and services. Cash redemption of coupons is not possible.

Decisions regarding the number of coupons issued, the amount of 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. The coupon is redeemed during the order 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 promotions, 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 claimed by end customers. Purchase sums using coupon codes are capped at a maximum of 10,000 euros per end customer per year. For the manipulative use of coupons, the company reserves the right to cancel orders if necessary by communicating with the end customer or to correct them by mutual agreement.

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. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.

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.

9. Warranty and guarantees

9.1 Liability for defects

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

Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply. With respect to consumers, the staturory guarantee provisions of the country of their respective habitual residence shall apply.

The following limitations and reductions of time periods with respect to businesses/merchants shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health
  • in case of intentional or grossly negligent breach of duty as well as fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the scope of a voluntary guarantee, if agreed, or
  • within the scope of application of the Product Liability Act (Produkthaftungsgesetz).

Restrictions in relation to businesses

In relation to businesses, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements 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 sale of used goods takes place with the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 933 a ABGB remain unaffected.

Provisions for merchants ("Kaufleute")

Among merchants ("Kaufleute"), the obligation to examine and give notice of defects regulated in § 377 UGB applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

Voluntary guarantees and customer service

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

Complaints and return of goods

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 provided for this purpose. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.

9.2 Guarantees and customer service

Information on 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.

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 resolutios (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for resolving their disputes.

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. Internet Ombudsmann, Ungargasse 64-66/3/404, 1030 Vienna, Austria, https://ombudsmann.at/ has competence in this matter. We will participate in a dispute settlement proceeding 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 an entrepreneur within the meaning of the Austrian Business 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.

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