{"id":7102,"date":"2017-06-13T14:50:11","date_gmt":"2017-06-13T12:50:11","guid":{"rendered":"http:\/\/www.rochini.at\/agb\/"},"modified":"2019-11-06T16:47:28","modified_gmt":"2019-11-06T15:47:28","slug":"general-terms-and-conditions-online-shop","status":"publish","type":"page","link":"https:\/\/www.rochini.at\/en\/general-terms-and-conditions-online-shop\/","title":{"rendered":"General Terms and Conditions Online Shop"},"content":{"rendered":"

General Terms and Conditions<\/h1>\n

Table of Contents<\/h2>\n
    \n
  1. Scope of Application<\/li>\n
  2. Conclusion of the Contract<\/li>\n
  3. Right to Cancel<\/li>\n
  4. Prices and Payment Conditions<\/li>\n
  5. Shipment and Delivery Conditions<\/li>\n
  6. Reservation of Proprietary Rights<\/li>\n
  7. Warranty<\/li>\n
  8. Special Conditions for the Processing of Goods According to Client’s Specification<\/li>\n
  9. Special Conditions for Assembly\/Installation Services<\/li>\n
  10. Redemption of Campaign Vouchers<\/li>\n
  11. Applicable Law<\/li>\n
  12. Place of Jurisdiction<\/li>\n
  13. Alternative dispute resolution<\/li>\n<\/ol>\n

    1) Scope of Application<\/h2>\n

    1.1<\/b>\u2009These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Rochini GmbH (hereinafter referred to as “Seller\u201d) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client\u201d) and the Seller relating to all goods and\/or services presented in the Seller’s online shop. The inclusion of the Client\u2019s own conditions is herewith objected to, unless other terms have been stipulated.<\/p>\n

    1.2<\/b>\u2009For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.<\/p>\n

    1.3<\/b>\u2009A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these GTC is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.<\/p>\n

    1.4<\/b>\u2009Digital content in the sense of these GTC is all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these GTC.<\/p>\n

    2) Conclusion of the Contract<\/h2>\n

    2.1<\/b>\u2009The product descriptions in the Seller\u2019s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.<\/p>\n

    2.2<\/b>\u2009The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and\/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and\/or services contained in the shopping cart. The Client may also submit his offer to the Seller by telephone, e-mail, postal service or per online contact form.<\/p>\n

    2.3<\/b>\u2009The Seller may accept the Client\u2019s offer within five days,<\/p>\n

      \n
    • by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or<\/li>\n
    • by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or<\/li>\n
    • by requesting the Client to pay after he placed his order.<\/li>\n<\/ul>\n

      Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client\u2019s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.<\/p>\n

      2.4<\/b>\u2009When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this.<\/p>\n

      2.5<\/b>\u2009Prior to submitting a binding order via the Seller\u2019s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
      \nThe Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.<\/p>\n

      2.6<\/b>\u2009The German and the English language are exclusively available for the conclusion of the contract.<\/p>\n

      2.7<\/b>\u2009Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client\u2019s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.<\/p>\n

      2.8<\/b>\u2009When ordering goods which are covered by the Weapons Act of the Federal Republic of Germany (WaffG), the Client must be of legal age. Clients who wish to acquire weapons and ammunition listed in Annex 2 of the WaffG as weapons and ammunition requiring a permit must hold a purchase permit. The Seller shall point out in the respective article description if the goods in question are covered by the Weapons Act or if they are subject to authorisation within the meaning of Annex 2 of the Weapons Act.<\/p>\n

      2.9<\/b>\u2009When ordering goods that are covered by the Weapons Act, the Client assures by sending his order that he is at least 18 years old and that his name and address are correct. The Client further undertakes that only he himself will receive the goods. A delivery of the product takes place only with previous successful examination of the age and an authentication of the Client.<\/p>\n

      2.10<\/b>\u2009When ordering goods that are subject to permission under the Weapons Act, proof of the acquisition permit must in addition be provided. Goods subject to permission are only sold and delivered on presentation of a valid purchase permit in the original or as a publicly (officially or notarially) certified copy of all inscribed pages. The goods will only be handed over after a successful age check and authentication of the Client.<\/p>\n

      3) Right to Cancel<\/h2>\n

      3.1<\/b>\u2009Consumers are entitled to the right to cancel.<\/p>\n

      3.2<\/b>\u2009Detailed information about the right to cancel are provided in the Seller\u2019s instruction on cancellation.<\/p>\n

      4) Prices and Payment Conditions<\/h2>\n

      4.1<\/b>\u2009Unless otherwise stated in the Seller\u2019s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description<\/p>\n

      4.2<\/b>\u2009Payment can be made using one of the methods mentioned in the Seller\u2019s online shop.<\/p>\n

      4.3<\/b>\u2009If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date<\/p>\n

      4.4<\/b>\u2009When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the Seller assigns his payment claim. secupay AG collects the invoice amount from the Client’s credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card will be debited immediately after the Client has placed his order in the online shop. The Seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, declarations of revocation and deliveries or credit notes, even if the payment method credit card payment via secupay AG has been selected.<\/p>\n

      4.5<\/b>\u2009When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called \u201cPayPal\u201d) subject to the PayPal terms of use which can be viewed at: https:\/\/www.paypal.com\/de\/webapps\/mpp\/ua\/useragreement-full.<\/p>\n

      In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https:\/\/www.paypal.com\/de\/webapps\/mpp\/ua\/privacywax-full<\/p>\n

      5) Shipment and Delivery Conditions<\/h2>\n

      5.1<\/b>\u2009Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller\u2019s order processing is decisive. However, in case the Client selects the payment method PayPal, the delivery address deposited with PayPal at the date of payment shall be decisive.<\/p>\n

      5.2<\/b>\u2009Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.<\/p>\n

      5.3<\/b>\u2009Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller at the Seller’s place of business. In this case shipment costs will not be charged.<\/p>\n

      6) Reservation of Proprietary Rights<\/h2>\n

      If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.<\/p>\n

      7) Warranty<\/h2>\n

      7.1<\/b>\u2009Should the object of purchase be deficient, statutory provisions shall apply.<\/p>\n

      7.2<\/b>\u2009The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.<\/p>\n

      8) Special Conditions for the Processing of Goods According to Client’s Specification<\/h2>\n

      8.1<\/b>\u2009The Client shall indemnify the Seller from claims of third parties asserted against the Seller in connection with a violation of their rights by the Seller\u2019s contractual use of the Client\u2019s content. The Client shall also bear the reasonable costs required for the necessary legal defense, including all court and lawyer’s fees according to the statutory rate. This shall not apply if the Client is not responsible for the infringement. In the event of claims by third parties, the Client shall be obliged to provide the Seller promptly, truthfully, and completely with all information that is necessary for the verification of the claims asserted for a corresponding defense.<\/p>\n

      8.2<\/b>\u2009The Seller reserves the right to refuse processing orders, if the content provided by the Client for this purpose violates legal or official prohibitions or morality. This shall apply in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, or youth-endangering, and\/or if it glorifies violence.<\/p>\n

      9) Special Conditions for Assembly\/Installation Services<\/h2>\n

      9.1<\/b>\u2009The Seller shall perform his services at his discretion either himself or by qualified personnel selected by him. The Seller may also make use of the services of third parties (subcontractors) acting on the Seller’s behalf. Unless otherwise stated in the Seller’s description of services, the Client shall not be entitled to the selection of a specific person to perform the desired service.<\/p>\n

      9.2<\/b>\u2009The Client shall provide the Seller with the complete and truthful information required for the provision of the service owed, provided that the procurement of such information does not fall within the Seller’s obligations under the terms of the contract.<\/p>\n

      9.3<\/b>\u2009The Seller shall contact the Client after conclusion of the contract in order to arrange a date with the Client for the performance owed. The Client shall ensure that the Seller or the personnel commissioned by the Seller have access to the Client’s facilities at the agreed time .<\/p>\n

      9.4<\/b>\u2009The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the Client until the assembly work has been completed and the goods have been handed over to the Client.<\/p>\n

      10) Redemption of Campaign Vouchers<\/h2>\n

      10.1<\/b>\u2009Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as “campaign vouchers\u201d) can only be redeemed in the Seller\u2019s online shop and only within the indicated time period.<\/p>\n

      10.2<\/b>\u2009Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.<\/p>\n

      10.3<\/b>\u2009Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.<\/p>\n

      10.4<\/b>\u2009In case of an order, several campaign vouchers can be redeemed.<\/p>\n

      10.5<\/b>\u2009The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.<\/p>\n

      10.6<\/b>\u2009If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.<\/p>\n

      10.7<\/b>\u2009The campaign voucher credit will not be redeemed in cash and is not subject to any interest.<\/p>\n

      10.8<\/b>\u2009The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.<\/p>\n

      10.9<\/b>\u2009Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obliged to check the entitlement of the respective voucher owner.<\/p>\n

      11) Applicable Law<\/h2>\n

      The law of the Republic of Austria shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.<\/p>\n

      12) Place of Jurisdiction<\/h2>\n

      If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Republic of Austria, the Seller\u2019s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract.. If the Client is domiciled outside the territory of the Republic of Austria, the Seller\u2019s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client\u2019s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.<\/p>\n

      13) Alternative dispute resolution<\/h2>\n

      13.1<\/b>\u2009The EU Commission provides on its website the following link to the ODR platform: https:\/\/ec.europa.eu\/consumers\/odr.<\/p>\n

      This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.<\/p>\n

      13.2<\/b>\u2009The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.<\/p>\n","protected":false},"excerpt":{"rendered":"

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