General Terms and Conditions

1 Scope of application

1.1. For the business relationship between Gerald Rupp Ges mbH, Am Anger 18, A-2465 Höflein (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.

1.2. You can reach our customer service for questions, complaints and claims on working days from 9:00 to 15:00 by phone on 0043/2162/631 30 as well as by email at office@dierupps.at.

1.3. A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed either to their commercial or their independent professional activity (Section 13 BGB).

1.4. Any deviating terms of the Customer shall not be 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 rather an invitation to place an order. Product descriptions in catalogues and on the Seller's websites do not constitute a warranty or guarantee.
All offers are valid "while stocks last" unless stated otherwise for the respective products. Errors and omissions 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 basket via the [Add to basket] button. Within the shopping basket, the product selection can be modified, e.g. deleted. Subsequently, the Customer can proceed to complete the ordering process within the shopping basket via the [Proceed to checkout] button.

3.2. Via the [Place order with obligation to pay] button, the Customer submits a binding offer to purchase the goods in the shopping basket. Before submitting the order, the Customer can change and view the data at any time, return to the shopping basket using the browser's "back" function, or cancel the ordering process altogether. Required fields are marked with an asterisk (*).

3.3. The Seller will then send the Customer an automated confirmation of receipt by email, which lists the Customer's order once more and which the Customer can print out using the "Print" function (order confirmation). The automated confirmation of receipt merely documents that the Customer's order has been received by the Seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the Seller dispatches or hands over the ordered product to the Customer within 2 days, or has confirmed the dispatch to the Customer within 2 days with a second email, express order confirmation, or by sending the invoice.

3.4. If the Seller enables payment in advance, the contract is concluded upon provision of the bank details and the request for payment. If, despite falling due, payment has not been received by the Seller within 10 calendar days of the order confirmation being sent, even after a further reminder, the Seller shall withdraw from the contract with the result that the order becomes void and the Seller is under no obligation to deliver. The order is then deemed settled for both 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 are inclusive of the applicable 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, product availability

5.1. If payment in advance has been agreed, delivery will take place after receipt of the invoice amount.

5.2. If delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments already made will be refunded to the customer without delay.

5.3. If the ordered product is unavailable because the seller is not supplied with this product by their supplier through no fault of their own, the seller may withdraw from the contract. In this case, the seller will inform the customer without delay and, if applicable, propose the delivery of a comparable product. If no comparable product is available or if 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 specific countries) on a separate information page or within the respective product description.

6 Payment terms

6.1. Customers can choose from the available payment methods during and before completing the ordering process. Customers are informed about the available payment methods on a separate information page.

6.2. If payment by invoice is available, payment must be made within 30 days of 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 by 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 seller from asserting further damages caused by default.

6.6. The customer shall only be entitled to offset if their counterclaims have been legally established or recognised by the seller. The customer may only exercise a right of retention insofar as the claims arise from the same contractual relationship.

7 Retention of title

The delivered goods remain the property of the seller until full payment has been received.

8 Warranty for defects and guarantee

8.1. The statutory warranty provisions apply.

8.2. A guarantee applies to the goods delivered by the seller only if it has been expressly provided. Customers are informed about the guarantee conditions before initiating the ordering process.

9 Liability

9.1. The following exclusions and limitations of liability apply to any liability of the seller for damages, without prejudice to other statutory requirements for claims.

9.2. The seller has unlimited liability insofar as the cause of the damage is based on intent or gross negligence.

9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the contract purpose, or for the breach of obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable damage typical for the contract. The seller is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.

9.4. The above limitations of liability do not apply to injury to life, body and health, to a defect following the assumption of a guarantee for the quality of the product, or to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5. Insofar as the liability of the seller is excluded or limited, this also applies 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 final step of the ordering process.

10.2. The seller will also send the customer an order confirmation with all order details to the e-mail address provided by them. Along with the order confirmation, or at the latest upon delivery of the goods, the customer will also receive a copy of the GTC including the cancellation policy and information on shipping costs as well as delivery and payment terms. If you have registered for an account in our shop, you can view your submitted orders in your profile area. In addition, 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 is the registered office of the seller if the customer is a merchant, a legal entity under public law, or a special fund under public law.

11.2. The contractual language is German.

11.3. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.