GENERAL TERMS AND CONDITIONS

1. Scope of application

These terms and conditions apply to all purchases from Ratha Kainz, Seitenstettengasse 5, A-1010 Vienna, hereafter referred to as entrepreneurs, which are made via this online shop. The deliveries and offers of the entrepreneur are made exclusively on the basis of these terms and conditions of business; we do not recognise conflicting or deviating terms and conditions of the customer, unless we have expressly agreed to their validity. These terms and conditions shall also apply as a framework agreement for all further legal transactions between the contracting parties.

2. conclusion of contract

By sending an order, the customer makes a binding offer. All contracts are only concluded upon receipt of our written order confirmation by e-mail or fax.

3. prices

All prices quoted are in EURO including the statutory value added tax and plus packaging, shipping and transport insurance.

4. contract text

The contract text is stored on our internal systems. You can view the general terms and conditions on this page at any time. The order data and the AGB are sent to you by email. After completion of the order, the contract text is no longer accessible via the Internet for security reasons.

5. right of revocation

right of withdrawal
The customer may withdraw from the contract concluded by way of distance selling within a period of 14 days. Unused items may be returned in their original undamaged packaging within this period without giving reasons. The customer/buyer bears the shipping costs for the return.
The customer/buyer must contact Ratha Kainz before returning the goods.

In order to exercise the right of revocation, the customer/buyer must send us

Ratha Kainz Company
Seitenstettengasse 5
1010 Vienna

E-mail: rathan@live.at

by means of a clear statement (e.g. a letter or e-mail sent by post) that it has decided to withdraw from this contract. For this purpose, the model revocation form [13 KB] may be used, which is, however, not mandatory.

Consequences of revocation
After receipt of the goods, they will be checked for completeness, integrity and functionality. If the goods are undamaged and complete, the customer will receive a full refund of the purchase price.
For this refund we use the same means of payment as used in the original transaction, unless expressly agreed otherwise.
Items that have been specially made or modified for the customer/buyer (e.g. vouchers, etc.) cannot be returned.

6. dispatch

The customer checks the goods upon receipt.
If transport damage to the goods is found, the recipient/customer must report the damage immediately to the transport company/shipping service (Österreichische Post AG).
If the partial loss or damage is not visible externally, the customer must notify the company within five days of delivery in order to ensure that any claims against the transport company can be asserted in good time.
The Customer shall support the Contractor to the best of its ability if claims are asserted against the relevant shipping service/transport company or transport insurance.
If the customer, with the exception of default by the entrepreneur, does not accept the ordered goods or refuses acceptance, we shall be entitled to charge transport and manipulation expenses incurred.

7. delivery

The entrepreneur delivers while stocks last.
Delivery is made by sending the goods to the address provided by the customer/buyer against the stated packaging and shipping costs. If the customer wishes a special kind of dispatch, which is connected with additional costs, then he has to carry these.
The delivery takes place only within Austria.
The delivery time within Austria is usually up to 5 working days and begins with the date of the order confirmation to the customer/buyer. Information on delivery times is non-binding unless a binding delivery date has been agreed in exceptional cases.
In case of delays in delivery, e.g. due to force majeure or traffic disturbances as well as other events for which the entrepreneur is not responsible, no claim for damages can be made against the entrepreneur.
The risk passes – as far as legally permissible – to the customer/buyer when the goods are handed over to the shipping service/transport company.

8. payment

Payment can be made either by cash on delivery, invoice, bank transfer, direct debit or credit card.
If you choose the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
You are only entitled to a right of set-off if your counterclaims have been legally established in court or are undisputed or have been acknowledged by us in writing.
You can only exercise a right of retention if the claims result from the same contractual relationship.
If the customer – for whatever reason – is in default of payment, the entrepreneur is entitled to demand the statutory default interest from the customer/buyer. In the event of default in payment, the customer/buyer shall be charged any reminder and processing fees.

9. product liability

Recourse claims within the meaning of § 12 of the Product Liability Act are excluded, unless the party entitled to recourse proves that the error was caused in our sphere and was at least caused by gross negligence.

10. data protection

The buyer expressly agrees that his data will be collected and processed by computer. Transmission of personal data to third parties will not be made, unless this is necessary for the execution of the specific contract. Personal data will be corrected or deleted upon request. Furthermore, information on the scope and purpose of the stored data may also be requested.

11. choice of law and place of jurisdiction

Austrian law applies. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The contract language is German. The contracting parties agree on Austrian domestic jurisdiction.
The place of jurisdiction shall be Vienna. If the customer is a consumer within the meaning of the KschG, § 14 KschG shall apply.

12. retention of title

The delivered goods remain the exclusive property of the entrepreneur until full payment has been made. Prior to final transfer of ownership, no disposal of any kind, in particular pledging, transfer by way of security, processing, transformation, etc. shall be permissible without the express consent of the Contractor.

13 Severability clause

Should individual provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions of this contract.
Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for Online Dispute Resolution (OS), which you can find at https://ec.europa.eu/consumers/odr . We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration board.