Terms and Conditions (GTC)

General Terms and Conditions of Re.mo.bic. GmbH

valid from 01.01.2022
Provider: Re.mo.bic. GmbH
Address: 2136 Laa an der Thaya, Thayapark 23/4
FN: FN 354988t / LG Korneuburg
Tel: +43 2522 85518
e-mail: office@remobic.com
competent supervisory authority: BH Mistelbach
competent chamber: WKONÖ

1. scope of application

1.1 The following general terms and conditions (GTC) apply to all business relations between Re.mo.bic. GmbH and the customer for transactions made in the WEBSHOP. The WEBSHOP is oriented towards Austria and Europe. The version valid at the time of the conclusion of the contract is decisive in each case.

These GTC apply exclusively. By placing an order, the customer agrees to these General Terms and Conditions and is bound by them. These GTC shall also apply to future orders placed by the customer, even if they are not expressly agreed again.

1.2 Customers in the sense of these General Terms and Conditions are consumers . Insofar as these General Terms and Conditions refer to consumers, these are natural persons and legal entities for whom the purpose of the order cannot be attributed to a commercial, independent or pre-professional activity, i.e. a transaction does not form part of the operation of their business. The demarcation between consumer and business is made in the sense of the Austrian Consumer Protection Act (KSchG).

2. conclusion of contract

2.1 Customers who have not yet reached the age of 18 require the consent of their legal representative.

2.2 All offers of Re.mo.bic. GmbH are non-binding; in particular, the presentation of the goods in the web shop does not constitute a binding offer by Re.mo.bic. GmbH; they shall merely be deemed an invitation to submit an offer. Illustrations, drawings, are only approximate values, unless they have been expressly stated as a binding fixed value for the respective product. The customer accepts minor and objectively justified changes.

2.3 The order is placed in the following steps :

– Selection of the desired goods
– Entering the personal data for the order in the web shop (first name, surname, street, house number, postcode, town, country, e-mail address).
– Display of the pre-contractual information for consumers (§ 8 para. 1 and 2 KSchG), unless it is already visible with the product without this.
– Choice of shipping method and method of payment (prepayment)
– Checking the details in the shopping basket
– Confirmation by clicking the button “order with obligation to pay
– Checking again and, if necessary, correction of the respective data entered.
– Binding sending of the order

2.4 By placing an order in the webshop, the customer bindingly declares his offer to conclude a purchase contract for the goods contained in the shopping basket. By sending the order, the customer acknowledges the pre-contractual information for consumers and the GTC as solely authoritative for the legal relationship with Re.mo.bic. GmbH as solely authoritative for the legal relationship.

2.5 Re.mo.bic. GmbH will confirm receipt of the Customer’s order without undue delay. This confirmation shall only serve as evidence for the customer that the order has been successfully received and does not constitute an acceptance of the order. The confirmation of receipt shall only constitute a declaration of acceptance if Re.mo.bic. GmbH expressly declares this in writing.

2.6 Re.mo.bic. GmbH is entitled to accept the contractual offer contained in the order within three working days after receipt by Re.mo.bic. GmbH. Such acceptance shall be made by sending a written order confirmation.

If Re.mo.bic. GmbH does not send an order confirmation to the customer within the time limits specified above, the customer’s commitment period shall have expired and the purchase contract shall not have been concluded.

Re.mo.bic. GmbH is entitled to refuse the acceptance of the order – for example after checking the creditworthiness of the customer.

2.7 The text of the contract will be stored by Re.mo.bic. GmbH and sent to the customer together with the legally effective General Terms and Conditions by e-mail after the conclusion of the contract.

3. consumer’s right of withdrawal according to FAGG

3.1 You have the right to withdraw from this contract within fourteen days without giving any reason.

3.2 The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In the case of a contract for several goods ordered in a single order but delivered separately or ordered in several orders and delivered together, from the day on which you or a third party named by you who is not the carrier has taken possession of the last goods.

3.3 To exercise your right of withdrawal, you must inform us Re.mo.bic. GmbH Thayapark 23/4, A – 2136 Laa an der Thaya, of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.

3.4 In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

3.5 Consequences of withdrawal
If you withdraw from this contract

i) we must refund to you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

ii) you must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The time limit shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.

You shall bear the costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

3.6 The right to withdraw from the contract does not apply to the delivery of

– Goods that are manufactured according to customer specifications or are clearly tailored to personal needs;
– goods that can spoil quickly or whose expiry date would be quickly exceeded
– Goods that are not suitable for return for reasons of hygiene and health protection if they are delivered sealed and the customer removes the seal (e.g. foodstuffs),
– goods which, due to their nature, have been inseparably mixed with other goods after delivery,
– alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which cannot be delivered earlier than 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no influence,
– sound or video recordings or computer software supplied in a sealed package, provided that the seal has been removed after delivery,
– newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications,
– the supply of digital content not stored on a physical medium, where Company XY – with the express consent of the consumer, together with the consumer’s knowledge of the loss of the right of withdrawal in the event of early commencement of performance of the contract, and after providing a copy or confirmation – has commenced delivery before the expiry of the withdrawal period under section 11;
– the supply of foodstuffs, beverages or other household goods for everyday consumption which are supplied by the trader in the course of frequent and regular journeys to the consumer’s domicile, place of residence or place of work.

3.7 Model withdrawal form
(If you wish to withdraw from the contract, please complete and return this form).

To
Re.mo.bic. GmbH
Thayapark 23
A – 2136 Laa an der Thaya

I/we (*) hereby declare the withdrawal from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date

—————————————————————————————————————————ENDE DER RÜCKTRITTSBELEHRUNG

4. other withdrawal from the contract

4.1 Right of withdrawal of Re.mo.bic. GmbH
Re.mo.bic. GmbH is entitled to withdraw from the contract and demand the return of the goods in the event of a breach of contract by the customer, in particular in the event of default of payment. In addition, Re.mo.bic. GmbH is entitled to withdraw from the contract and to demand the return of the goods in case of a breach of an obligation according to 8.3, if Re.mo.bic. GmbH can no longer reasonably be expected to adhere to the contract.

This withdrawal shall be without prejudice to Re.mo.bic. GmbH’s claim for damages for non-performance. Furthermore, the customer owes Re.mo.bic. GmbH an appropriate fee for the use of the goods.

In the event of a withdrawal from the contract according to 4.1, Re.mo.bic. GmbH has the choice of claiming a lump sum compensation in the amount of 15% of the invoice amount or the actual damage incurred.

4.2 Voluntary right of withdrawal of the customer
Re.mo.bic. GmbH grants the customer a voluntary right of withdrawal of 30 days in total, which goes beyond the legal right of withdrawal. Accordingly, customers may withdraw from the contract even after expiry of the statutory right of withdrawal by returning the goods to Re.mo.bic. GmbH within 30 days after receipt of the goods. The timely dispatch is sufficient to meet the deadline.

However, it is a prerequisite that the goods are returned in an unused, resalable condition, complete and intact in the original packaging, including all enclosed instructions, certificates, guarantees, etc. The goods must be returned to Re.mo.bic GmbH in the original packaging.

4.3 Unauthorised withdrawal by the customer
If the customer withdraws from the contract without being entitled to do so or if he requests its cancellation, Re.mo.bic. GmbH has the choice to insist on the fulfilment of the contract or to agree to the cancellation of the contract. In the latter case the Customer is obliged to pay, at the option of Re.mo.bic. GmbH’s choice, the customer is obliged to claim either a lump-sum compensation in the amount of 15% of the invoice amount or the actual damage incurred.

4.4 Return shipment
In the event of withdrawal from the contract in accordance with clause 4 (whether by mutual agreement or otherwise), the customer shall return any goods already delivered to Re.mo.bic. GmbH. The return address is:

To
Re.mo.bic. GmbH
Thayapark 23/4
A – 2136 Laa an der Thaya

5. prices and terms of payment

5.1 The prices offered are daily prices and are valid until revoked. The price includes the Austrian value added tax.
Despite our best efforts, a few products in the web shop or catalogue may be shown with an incorrect price. When processing the order, the prices are also checked. If there is an error in the pricing and the correct price is higher than the price on the website, the customer will be contacted before the order is confirmed and before the goods are dispatched to ask whether they wish to purchase the product at the correct price or cancel. If the correct price of the goods is lower than the price stated on the website, the correct lower price will be recorded in the order confirmation and only this amount will be charged.

Costs for packaging and shipping will be invoiced separately in the form of a lump sum and shown as a separate item in the order. These shall be deemed to have been approved by the customer with the order in terms of content and amount. The prices valid at the time of the order are always decisive.

5.2 The customer can pay the price by advance payment, cash on delivery, bank transfer, credit card or other forms of payment offered in the online shop.

Re.mo.bic. GmbH reserves the right to exclude individual payment methods after a credit check.

5.3 The customer undertakes to pay the price within 14 days of receipt of the service at the latest. After expiry of this period, the Customer shall be in default of payment.

Re.mo.bic. GmbH is entitled to charge 5% interest on arrears p.a. in the event of late payment, but in any case the statutory interest on arrears.

Re.mo.bic GmbH reserves the right to claim further damages. If the customer does not pay the amount due after setting a reasonable grace period, Re.mo.bic. GmbH shall be entitled to withdraw from the contract and/or to claim damages instead of performance.

5.4 The customer undertakes to bear all necessary costs of appropriate out-of-court debt collection and recovery measures associated with the collection of the claim for which he is responsible, insofar as these are in a reasonable proportion to the claim pursued.

In the event of default on the part of the customer, incoming payments shall first be set off against the costs of extrajudicial, including collection and legal reminder activities and of a judicial nature, against the interest accrued to date, and only then against the capital. If the customer has several obligations towards Re.mo.bic. GmbH, the payments due shall be set off in the above-mentioned manner against those arrears which have been outstanding for the longest period of time.

6 Delivery

6.1 Deliveries are possible within Austria, the EU and worldwide. Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer in accordance with the delivery conditions.

6.2 If Re.mo.bic. GmbH exceeds the stated delivery periods or agreed delivery dates, the customer may set in writing a reasonable grace period of at least the duration of the originally stated delivery period and may withdraw from the contract if the grace period is exceeded.

6.3 The occurrence of events for which Re.mo.bic. GmbH, such as force majeure, strike, lockout, production stoppage at the suppliers or the like, shall suspend the expiry of delivery periods for the duration of this event. If the delivery becomes impossible or unreasonable for Re.mo.bic. GmbH becomes impossible or unreasonable, Re.mo.bic. GmbH shall be released from the delivery obligation in the sense of a mutually agreed termination of the contract, without the customer being able to derive any claims, for whatever legal reason, against Re.mo.bic. GmbH for any legal reason whatsoever. Re.mo.bic. GmbH shall notify the customer thereof without delay.

If the delay in delivery lasts longer than 4 weeks to 2 months, the customer shall be entitled to withdraw from the contract. In this case, the customer is not entitled to any claims for damages, except in the case of intent and gross negligence on the part of Company-XY, or any other claims.

7 Transfer of risk

7.1 The risk of accidental loss and accidental deterioration of the goods passes to the customer at the time of handover, in the case of sale by delivery to a place other than the place of performance, however, only when the goods are handed over to the customer or to a third party designated by the customer and different from the carrier.

7.2 The handover shall be deemed to have taken place if the customer is in default of acceptance.

8. retention of title

8.1 The delivered goods shall remain the unrestricted property of Re.mo.bic. GmbH. The customer undertakes to keep the object of purchase free of third party rights until full payment has been made, in particular not to resell or pledge the object of purchase or to give it to third parties as security.

8.2 The customer is not permitted to process the goods during the period of retention of title.

8.3 The customer is obliged to treat the goods with care during the existence of the reservation of title. If maintenance and inspection work is required, the customer shall carry this out regularly at his own expense.

The customer shall inform Re.mo.bic. GmbH in writing without delay of all access by third parties to the goods subject to retention of title, in particular of enforcement measures, as well as of any damage to or destruction of the goods subject to retention of title. The customer must notify us immediately of any change of ownership of the goods subject to retention of title and of any change of address.

The customer shall compensate Re.mo.bic. GmbH all damages and costs arising from a breach of the obligations and from necessary intervention measures against access to the goods by third parties.

8.4 Re.mo.bic. GmbH is entitled to withdraw from the contract and to demand the return of the goods in the event of a breach of contract by the Customer, in particular in the event of default in payment. In addition, Re.mo.bic. GmbH is entitled to withdraw from the contract and to demand the return of the goods in case of a breach of an obligation according to 8.3, if Re.mo.bic. GmbH can no longer reasonably be expected to adhere to the contract.

This withdrawal shall be without prejudice to Re.mo.bic. GmbH’s claim for damages for non-performance. Furthermore, the customer owes Re.mo.bic. GmbH an appropriate fee for the use of the goods.

8.5 Rights and obligations arising from the purchase contract may not be transferred by the Customer to third parties without the express written consent of Re.mo.bic. GmbH to third parties without the express written consent of Re.mo.bic.

9. warranty

9.1 Re.mo.bic. GmbH shall provide a warranty within the scope of the statutory provisions.

9.2. Re.mo.bic. GmbH does not give any warranty to the customer in the legal sense. Manufacturer’s guarantees remain unaffected by this.

10 Limitation of liability

10.1 Claims for damages are limited to damages caused by Re.mo.bic. GmbH was caused intentionally or by gross negligence. Claims for damages in case of slight negligence are excluded.

The exclusion of liability does not apply to claims under the Product Liability Act. Furthermore, the exclusion of liability does not apply to damages attributable to Re.mo.bic. GmbH from injury to body or health or in case of loss of life of the customer.

10.2 Re.mo.bic. GmbH is only liable for its own content on the website of its online shop. Insofar as links provide access to other websites, Re.mo.bic. GmbH is not responsible for the third-party content contained therein. Re.mo.bic. GmbH does not adopt the third-party content as its own. If Re.mo.bic. GmbH becomes aware of illegal content on external websites, Re.mo.bic. GmbH will immediately block access to these websites.

11 Copyright, change of address

11.1 Plans, sketches or other technical documents as well as samples, catalogues, brochures, illustrations and the like shall always remain the intellectual property of Re.mo.bic. GmbH; the customer shall not receive any rights of use or exploitation whatsoever.
11.2 The Customer is obliged to inform Re.mo.bic. GmbH as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations shall be deemed to have been received even if they are sent to the last address notified.

12. applicable law

If Austrian law is not already applicable due to the orientation of this web shop to Austria, the applicability of Austrian law is exclusively agreed, excluding the UN Convention on Contracts for the International Sale of Goods.

In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

13. final provisions

13.1 The contractual language is German.

13.2 If the customer violates these terms of sale and Re.mo.bic. GmbH does nothing about it, this does not mean that Re.mo.bic. GmbH waives its rights. Re.mo.bic. GmbH shall still be entitled to exercise its rights in the event of any other/new breach of the Terms of Sale by the Customer.

13.3 Should individual provisions of the contract with the Customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.