General Terms and Conditions
1. Scope of Application
These General Terms and Conditions (GTC) apply to all orders placed via our online shop by consumers and entrepreneurs.
Consumers are consumers within the meaning of the Consumer Protection Act (KSchG) and are therefore natural or legal persons who are not entrepreneurs.
With regard to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
An entrepreneur is someone for whom the transaction forms part of the operation of their business. An enterprise is any organization of independent economic activity established for the long term, regardless of whether it is profit-oriented. Legal entities under public law are always deemed to be entrepreneurs.
2. Contracting Party, Conclusion of Contract, Correction Options
The purchase contract is concluded with Rottner Tresor GmbH.
By placing the products in the online shop, we submit a binding offer to conclude a contract for these items. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation by email.
3. Contract Language, Storage of Contract Text
The language(s) available for the conclusion of the contract: German
We store the contract text and send you the order data and our GTC in text form. You can view the contract text in our customer login area.
4. Subject Matter of the Contract
4.1 Product Description
The applicability of the respective product description as an essential part of the contract is hereby pointed out.
4.2 Product Images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. In case of uncertainty, please contact us:
Due to individual screen configurations (e.g. resolution and brightness), minor deviations between the displayed and the actual product colors are possible.
In the case of wooden products, natural deviations in grain, structure, and color of the wood are possible.
5. Requirements and Handling of Customer Content
5.1 Requirements
If, for the fulfillment of the order, it is necessary for you to provide us with content (e.g. texts, data, files), the technical possibilities available for this purpose and any applicable requirements shall be governed by the respective product description.
You are solely responsible for the content you provide, including its legality and accuracy. We do not carry out any content-related or editorial review prior to the execution of the order.
5.2 Compliance with Applicable Law
The content and the products to be created from it must always comply with the applicable legal provisions. In particular, they must not infringe the rights and claims of third parties (in particular copyrights, trademark rights or other protective rights), nor contain or serve purposes that are glorifying violence, discriminatory, racist, xenophobic, or otherwise immoral or unconstitutional.
5.3 Indemnification
You shall indemnify us against claims by third parties that they may assert in connection with an infringement of their rights through the contractual use by us. You shall also bear the necessary costs of legal defense, including all court and attorney’s fees in the statutory amount. The indemnification does not apply insofar as the infringement of rights is not attributable to you. In the event of a claim by third parties, you are obliged to provide us immediately, truthfully, and completely with all information necessary for the examination of the claims and for a defense.
5.4 Right of Withdrawal / Right of Rescission
We reserve the right to reject the order or to withdraw from the contract if the content provided by you for this purpose violates statutory or official prohibitions or public morals, or if there is a justified suspicion thereof. This applies in particular in the case of the provision of unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors, and/or violence-glorifying content.
6. Installation
The provision of installation services requires an explicit agreement.
6.1 Selection of the Service Provider
We shall perform the service, at our discretion, either ourselves or through qualified personnel selected by us. We expressly reserve the right to have the service performed by third parties (subcontractors) acting on our behalf.
You are only entitled to request the selection of a specific person to perform the service if and insofar as this is expressly stated in the applicable service description.
If and insofar as third parties are engaged to perform the service, we shall remain fully responsible for the fulfillment of the contractual obligations.
Prior to the engagement of third parties, we shall examine and oblige them with regard to their reliability and suitability in terms of professional training, experience, and/or ability to perform the service in accordance with the contract.
6.2 Access to the Installation Site
The product shall be delivered to the installation site. You are obliged to grant the persons commissioned with the installation access to the installation site.
7. Delivery Conditions
7.1 Delivery Options
We ship the products to the delivery address specified during the ordering process.
You generally have the option of collecting the goods from
Rottner Tresor GmbH,
Thern 17,
4880 St. Georgen im Attergau,
Austria
during the following business hours:
Monday to Friday from 8:00 a.m. to 3:00 p.m., excluding public holidays.
Any extraordinary right of termination without notice for good cause shall remain unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
The provision of Section 1162 ABGB remains unaffected.
Termination must be made in text form (e.g. letter, email).
We deliver only by shipment. Unfortunately, self-collection of the goods is not possible. We do not deliver to parcel lockers.
7.2 Delivery by Freight Forwarder
Appointment Scheduling
In the case of delivery by freight forwarder, the freight forwarding company commissioned by us will contact you in order to arrange a delivery date.
Place of Delivery
Delivery of the goods is limited to the transport and unloading of the goods at the first public curb of the agreed delivery address. Delivery does not include delivery to specific rooms or the installation and/or assembly of the ordered goods, unless expressly agreed otherwise.
8. Payment
8.1 Due Date and Default in Payment
The price is due upon conclusion of the contract, unless a later point in time results from the following payment terms.
For consumers: In the event of default in payment, we reserve the right to charge a fee of EUR 1.50 per reminder for the second and each subsequent reminder. You remain entitled to prove that a lesser damage has been incurred. Further claims remain unaffected.
For entrepreneurs: In the event of default in payment, we reserve the right to charge statutory default interest at a rate of nine percentage points above the base interest rate as well as a flat fee of EUR 40. Further claims remain unaffected.
8.2 Methods of Payment
In our shop, the following methods of payment are generally available to you.
Advance Payment
If you select the advance payment method, we will inform you of our bank details in a separate email and deliver the goods after receipt of payment.
Mollie
The following payment methods are available via Mollie:
Credit Card
During the ordering process, you enter your credit card details. Your card will be charged immediately after the order is placed.
PayPal
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is then carried out automatically by PayPal immediately thereafter. Further information is provided during the ordering process.
PayPal may offer registered PayPal customers selected according to its own criteria additional payment methods in their customer account. However, we have no influence on the offering of these methods; further individually offered payment methods concern your legal relationship with PayPal. Further information can be found in your PayPal account.
Amazon Pay
In order to pay the invoice amount via the payment service provider Amazon Payments Europe
S.C.A., 38 avenue J.F. Kennedy, L-1855 Luxembourg (“Amazon”), you must be registered with Amazon, authenticate yourself with your access data, and confirm the payment instruction. The payment transaction is carried out by Amazon Pay within one banking business day after the order is placed.
Amazon Pay may offer registered Amazon Pay customers selected according to its own criteria additional payment methods in their customer account. However, we have no influence on the offering of these methods; further individually offered payment methods concern your legal relationship with Amazon Pay. Further information can be found in your Amazon Pay account.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Payment via Klarna is only available to consumers.
Unless otherwise regulated below, payment via Klarna requires a successful address and creditworthiness check and is made directly to Klarna. Further information is provided for the respective payment option and during the ordering process.
Purchase on Account via Klarna
The invoice amount is due 14 days after shipment of the goods and receipt of the invoice.
Klarna may offer registered Klarna customers selected according to its own criteria additional payment methods in their customer account. However, we have no influence on the offering of these methods; further individually offered payment methods concern your legal relationship with Klarna. Further information can be found in your Klarna account.
Installment Purchase via Klarna
You may pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum installment amount is EUR 6.95.
Klarna may offer registered Klarna customers selected according to its own criteria additional payment methods in their customer account (e.g. interest-free installment plans). However, we have no influence on the offering of these methods; further individually offered payment methods concern your legal relationship with Klarna. Further information can be found in your Klarna account.
SEPA Bank Transfer
If you select the SEPA bank transfer payment method, you will be redirected to your bank’s website. In order to pay the invoice amount by SEPA bank transfer, you must have an online banking account enabled for SEPA transfers within the euro area, authenticate yourself, and transfer the payment from your online banking environment. Further information is provided during the ordering process.
9. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. No voluntary right of withdrawal is granted to entrepreneurs.
10. Retention of Title
The product remains our property until full payment has been made.
In addition, the following applies to entrepreneurs: We retain ownership of the product until all claims arising from an ongoing business relationship have been fully settled. You are permitted to resell the goods subject to retention of title in the ordinary course of business; all claims arising from such resale are hereby assigned to us in advance in the amount of the invoice value, irrespective of whether the goods subject to retention of title are combined or mixed with a new item, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves insofar as you do not meet your payment obligations. At your request, we shall release the securities to which we are entitled insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
11. Transport Damage
For consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us immediately. Failure to submit a complaint or to contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in Section 377 UGB applies. If you fail to give the notice regulated therein, the goods shall be deemed approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
12. Warranty and Guarantees
Applicability of the Statutory Warranty Law
Unless expressly agreed otherwise below, the statutory warranty law applies.
The following limitations and reductions of limitation periods do not apply to claims for damages caused by us, our legal representatives, or vicarious agents
- in the event of injury to life, body, or health,
- in the event of intentional or grossly negligent breach of duty as well as fraud,
- in the event of a breach of essential contractual obligations, the fulfillment of which makes the proper performance of the contract possible in the first place and on the compliance
- with which the contractual partner may regularly rely (cardinal obligations),
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Restrictions vis-à-vis Entrepreneurs
With regard to entrepreneurs, only our own statements and the manufacturer’s product descriptions incorporated into the contract shall be deemed to constitute an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for warranty claims for newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual use and has caused its defectiveness. The sale of used goods is made with the exclusion of any warranty. The statutory limitation periods for the right of recourse pursuant to Section 933b ABGB remain unaffected.
Notice to Merchants
Among merchants, the obligation to inspect and give notice of defects regulated in Section 377 UGB applies. If you fail to give the notice regulated therein, the goods shall be deemed approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
Guarantees and Customer Service
Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints, and objections Monday to Thursday from 9:00 a.m. to 5:00 p.m. and Friday from 9:00 a.m. to 12:00 p.m. by telephone at +43 (0) 7667 66 00 80 and by email at kundenservice@rottner-tresor.at.
13. Liability
For claims arising from damages caused by us, our legal representatives, or vicarious agents, we shall always be liable without limitation
in the event of injury to life, body, or health,
in the event of intentional or grossly negligent breach of duty,
in the case of a guarantee promise, insofar as agreed, or
insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper performance of the contract possible in the first place and on the compliance with which the contractual partner may regularly rely (cardinal obligations), caused by slight negligence on our part, our legal representatives, or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract and typically to be expected to occur.
In all other respects, claims for damages are excluded.
14. Agreement on the Use of Trusted Shops Buyer Protection
You can insure orders placed with us free of charge up to an order value of EUR 100 via the buyer protection of Trusted Shops SE. In addition, Trusted Shops offers paid insurance together with a guarantor. The Trusted Shops buyer protection conditions apply, which you can find here. Buyer protection is concluded by clicking the appropriately designated button of the so-called Trustcard, which appears as a pop-up on the order confirmation page after an order has been placed. If you are already registered for buyer protection, your order will be automatically insured (automatic buyer protection) without you having to click the button.
In order to offer you (automatic) buyer protection, the Trustcard must access order data that is stored in the cache of your browser. For this purpose, a hash value of your email address as well as the order number and order amount are transmitted to Trusted Shops. If you are already registered for buyer protection, your order will be automatically insured. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is attached to the buyer protection conditions linked above.
15. Dispute Resolution
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
16. Final Provisions
If you are an entrepreneur within the meaning of the Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.