1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, goods availability
6. Payment modalities
7. Retention of title
8. Warranty for material defects and guarantee
9. Liability
10. Storage of the contract text
11. Final provisions
1. Scope
1.1. The following General Terms and Conditions in their version valid at the time of the order apply exclusively to the business relationship between Gerald Rupp Ges mbH, Am Anger18, A-2465 Höflein (hereinafter "Seller") and the customer (hereinafter "Customer").
1.2. You can reach our customer service for questions, complaints, and grievances on weekdays from 9:00 AM to 3:00 PM at the phone number 0043/2162/631 30 and via e-mail at office@dierupps.at.
1.3. A consumer in the sense of these GTC is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.
2. Offers and service descriptions
The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogues as well as on the seller's websites do not have the character of an assurance or guarantee.
All offers are valid "while stocks last", unless otherwise noted for the products. Errors excepted.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart via the [add to cart] button. Within the shopping cart, the product selection can be changed, e.g., deleted. Subsequently, the customer can proceed to the completion of the ordering process within the shopping cart via the [Proceed to checkout] button.
3.2. By clicking the [order with payment obligation] button, the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can view and change the data at any time and go back to the shopping cart using the browser function "back" or cancel the ordering process entirely. Necessary information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic acknowledgment of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer's order has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller sends the ordered product to the customer, hands it over, or has confirmed the shipment to the customer within 2 days with a second e-mail, explicit order confirmation, or sending the invoice.
3.4. Should the seller enable advance payment, the contract is concluded with the provision of bank details and payment request. If payment has not been received by the seller even after a renewed request despite being due up to a point in time of 10 calendar days after sending the order confirmation, the seller will withdraw from the contract with the result that the order is void and the seller has no delivery obligation. The order is then settled for the buyer and seller without further consequences. A reservation of the item in the case of advance payments is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices stated on the seller's website include the respectively valid statutory value-added tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, goods availability
5.1. If payment in advance has been agreed, delivery will take place after receipt of the invoice amount.
5.2. If the delivery of the goods fails due to the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Payments already made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately refund any payments already made by the customer.
5.4. Customers are informed about delivery times and delivery restrictions (e.g., restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment terms
6.1. The customer can choose from the available payment methods during and before the completion of the ordering process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with payment processing, e.g., Paypal, their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not exclude the assertion of further default damages by the seller.
6.6. The customer only has a right to set-off if his counterclaims have been legally established or are recognized by the seller. The customer can only exercise a right of retention insofar as the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment.
8. Warranty for material defects and guarantee
8.1. The warranty is determined by statutory regulations.
8.2. A guarantee exists for the goods delivered by the seller only if it has been expressly stated. Customers are informed about the warranty conditions before initiating the ordering process.
9. Liability
9.1. Without prejudice to other statutory claim requirements, the following exclusions and limitations of liability apply to the Seller's liability for damages.
9.2. The Seller shall be liable without limitation if the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations whose breach jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable, contract-typical damage. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect after the assumption of a guarantee for the quality of the product, and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives, and vicarious agents.
10. Storage of the contract text
10.1. The customer can print out the contract text before submitting the order to the Seller by using the print function of their browser in the last step of the ordering process.
10.2. The Seller also sends the customer an order confirmation with all order data to the e-mail address provided by them. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the GTC together with instructions on the right of withdrawal and information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your placed orders in your profile area. Furthermore, we store the contract text but do not make it accessible on the Internet.
11. Final provisions
11.1. The place of jurisdiction and place of performance shall be the Seller's registered office if the customer is a merchant, a legal entity under public law, or a special fund under public law.
11.2. The contract language is German.
11.3. European Commission platform for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.