General Terms and Conditions
Updated 01.01.2021
1. SCOPE OF APPLICATION:
1.1. We exclusively enter into agreements based on the General Terms and Conditions below. For any complementary or differing provisions to become legally effective, a duly signed and explicit written consent is required.
1.2. If the contractual partner of Rollenbau GmbH is a consumer pursuant to the provisions of the Austrian Consumer Protection Act, the mandatory provisions of the Consumer Protection Law shall apply, which will partially change the conditions stated below.
1.3. The language used for contracts, orders, and all business is German.
1.4. Illustrations, drawings, dimensions, weights, and colors shown in electronic media, catalogs and other publications are only approximative unless we explicitly state that it is binding information. All information is subject to technical modifications, model changes, and misprints.
1.5. If individual provisions are invalid, this shall not affect the effectiveness of the remaining provisions.
2. PRODUCT USE:
2.1. Our castors and wheels are designed for the manual transport of goods. Special and suitable castors and wheels are required for moving people and for motor-driven transport. Such information shall be explicitly stated in the order.
2.2. All castors and wheels need to be assembled exactly vertically to the floor, i.e., the swivel bearings and wheel axles must be parallel to the floor.
2.3. The loading capacity of our castors and wheels has been designed in such a way that the entire weight of the cart on four wheels is divided by three. Pursuant to EN 12527, the indicated loading capacity applies to a running speed of 4 km/h, on smooth and flat surfaces, a maximum gradient of 5%, and at a temperature of +20° C. In the case of impact loads (bumps, uneven surfaces, drops), make sure to use the largest possible wheels with elastic tires and strong, hardened swivel bearings. Stress reserves must be included in the calculation. The indicated loading capacity applies to a standard 8-hour shift with stationary times and varying loads.
2.4. Chemical substances will corrode castors and wheels. The same is true for water. If you plan to use such substances on our castors and wheels, please let us know when you order.
2.5. Any device's stability will depend on the kind of load and the disposition and nature of the wheels. In the case of narrow wheelbases or when using three wheels, only small loads can be carried at a low loading height.
2.6. Should you want to use our castors and wheels for other purposes than the ones indicated above, please let us know when placing your order. If you fail to do so, we explicitly exclude all liability for such non-standard use.
3. DELIVERY:
3.1. Shipping is free for all orders
in Austria
in Europe for orders of EUR 150 net and up; for orders with a smaller order volume, we charge shipping in the amount of EUR 21,00.
3.2. Items will be delivered by DPD parcel service, Österreichische Post, or by a freight forwarding service.
3.3. Orders for articles in stock will ship the same day if ordered before 2:00 p.m. We meet the delivery times indicated at the time of order placement wherever possible. However, we explicitly exclude any claims from customers due to delayed deliveries.
3.4. Confirmed delivery dates are non-binding unless a specific time and date has been agreed on in writing.
3.5. We are required to use appropriate packaging for shipping our merchandise. We do not assume any liability for shipping damages and shipping delays.
3.6. The risk for loss of and damage to the merchandise shall be passed on to the consumer as soon as the merchandise has been delivered to the consumer or to a third party defined by the consumer (not a carrier). However, if the consumer has entered into a shipping contract without using the options proposed by us, this risk will be assumed by the consumer as soon as the merchandise is handed over to the carrier.
4. PRICES:
4.1. All prices indicated in our catalog are net prices and exclude VAT. The prices for articles placed in your shopping card apply at the time of your order including VAT. Additional charges, e.g., shipping, might apply.
4.2. Purchases by clients from outside the EU are exempt from VAT. However, these clients must pay national import duties. For purchases by businesses located in the EU, no Austrian VAT applies, provided that the business indicates its VAT number. Such purchases are subject to VAT in the companies' home country.
4.3 Invoices are issued in euro.
5. PAYMENT:
5.1. Invoices are due 30 days after the date of the invoice in full and free of expense. 5.2. In the case of a delay in payment, we will charge the statutory default interests pursuant to Section 1333 (1) of the Austrian Civil Code, unless other provisions have been agreed on. In the case of B2B transactions, default interests for delays in payment for which the buyer is responsible are 9.2 percentage points above the basis rate of interest pursuant to Section 456 of the Austrian Commercial Code. We will charge any dunning charges and attorney's fees separately pursuant to Section 1333 (2) of the Austrian Civil Code. These fees shall be paid by the client within 14 days.
5.3. Rollenbau GmbH will accept checks or bills exclusively as payment. The payment will be effective only after the check or bill has been cashed.
5.4. Holding back payments or offsetting them against pending accounts receivable from Rollenbau GmbH is only admissible if these have been established by a court of law and have not been disputed by us.
5.5. Please indicate your customer number for every payment. Payments made without a customer number shall not be considered effective payments.
5.6. We accept the following payment methods: For private customers prepayment and PayPal, for business customers cash on delivery, bank transfer and PayPal.
6. RIGHT TO WITHDRAW:
6.1. Purchasers who are consumers as defined by the Austrian Consumer Protection Act can withdraw from any distance sales agreement or any agreement entered into outside of a business locality within 14 days without having to give reasons. The period for the withdrawal starts on the day the consumer or a third party designated by the consumer who does not work as a courier takes possession of the merchandise or, if several items were ordered in one order, takes possession of the articles delivered last or, in the case of partial deliveries, takes possession of the last partial delivery. For a purchaser to withdraw from the sales agreement, no specific form is required. Consumers can use the template withdrawal form. The withdrawal period will be deemed as kept if the withdrawal declaration is sent during the withdrawal period. In the case of a withdrawal, Rollenbau GmbH will reimburse the client for all payments made by him or her within 14 days of receiving the returned merchandise or proof that the merchandise has been returned. Clients shall return the received merchandise to Rollenbau GmbH without delay, but at the latest 14 days after having sent the withdrawal declaration. The merchandise is considered to have been returned if it is posted during the withdrawal period. Expenses for the return shall be borne by the client. The client shall pay compensation to Rollenbau GmbH for a decrease of the merchandise's market value if such decrease is caused by a handling of the merchandise not necessary for assessing its quality, properties, or functioning.
7. CONDITIONAL SALE:
7.1. We explicitly reserve the property right to the delivered merchandise until it has been paid in full.
7.2. Before the payment is made in full, clients shall not sell the merchandise, pledge it, or grant any other rights to third parties. In the case of an involvement of a third party, especially in the case of seizure of property, the client shall notify Rollenbau GmbH without delay and inform the third party about the retention of title by Rollenbau GmbH.
7.3. In connection with other merchandise not owned by Rollenbau GmbH, Rollenbau GmbH will obtain co-ownership of the new good.
8. WARRANTY:
8.1. Warranty is provided as defined by law. The warranty period is 24 months after the merchandise has been delivered.
8.2. After notifying us of any defects during this period, the client shall give us the opportunity to analyze the defect. After having ascertained a given defect, we have the right to exchange the delivered merchandise free of charge. Clients are not entitled to any additional claims.
8.3. Warranty shall be provided as defined by law in Section 8 of the Austrian Consumer Protection Act. The warranty period is 24 months starting at the date of order.
8.4. Any warranty is excluded if the castors and wheels delivered by Rollenbau GmbH are not used as defined under item 2.
8.5. The special recourse to warranty law towards Rollenbau GmbH is excluded, provided that the company is the middleman.
9. LIABILITY:
9.1. We accept claims for damages only in the case of intentional or grossly negligent duty violation on our part.
9.2. Rollenbau GmbH shall not be liable for any consequential damage or damage experienced by third parties.
9.3. Rollenbau GmbH is not liable for oral agreements unless these were confirmed in writing.
10. DATA PROTECTION:
The client acknowledges that the use of personal data indicated in the contract will be used by Rollenbau GmbH for the purpose of bookkeeping and for our client documentation. We use these data to meet statutory provisions and for processing payments. We do not share customer data with third parties unless this is absolutely necessary for contractual reasons. Our contractual partners have been informed about our data protection policy and are required to comply with it.
11. APPLICABLE LAW:
11.1. All legal relationships with Rollenbau GmbH shall be governed by Austrian law only.
11.2. For businesses, provisions as defined by law shall apply. We explicitly exclude the application of provisions defined in the United Nations Convention on Contracts for the International Sale of Goods. This applies, above all, to deliveries abroad.
12. PLACE OF PERFORMANCE, LEGAL VENUE:
12.1. The place of performance for all claims is Vienna. 12.2. Any disputes shall be settled by the court in Vienna in charge of corporate disputes. However, Rollenbau GmbH may have recourse to any other competent court. 12.3. If the client is a consumer pursuant to the Austrian Consumer Protection Act, the competent court shall be the court located in the district where the consumer's regular residence or workplace is located.
13. DISPUTE RESOLUTION BODY:
In the case of disputes, we shall participate in the "Internet Ombudsstelle" dispute resolution procedure:
www.ombudsstelle.at
For additional information about available procedures, please visit www.ombudsstelle.at www.ombudsstelle.at or read the specific procedure guidelines:
Procedural guidelines by the Internet Ombudsstelle for alternative dispute resolution pursuant to the AStG (dispute resolution procedure pursuant to the Austrian Alternative Dispute Resolution Act) Download
Guidelines for alternative dispute resolution by the Internet Ombudsstelle outside the scope of application of the Austrian Alternative Dispute Resolution Act (standard procedure) Download
The OS platform is also available for settling disputes with our company: ec.europa.eu/consumers/odr
Our e-mail address: info@rollenbau.at
14. RIGHT TO REVOKE:
If you have requested for the services to be rendered during the revocation period, you have to pay us an adequate fee that corresponds to the portion of services rendered in relation to the total volume of the services as contractually agreed before the time when you inform us that you will use your right to revoke.
Merchandise made to order or adapted to the client's needs are exempt from the right to revoke. B2B transactions, i.e., when the client is a business, are also exempt from the right to revoke.
Revocation form template
(If you would like to revoke the contract, please complete this form and return it to us)
To
Rollenbau GmbH
Paminagasse 95
1230 Vienna
Phone +43 1 667 32 38
Fax +43 1 665 04 50
I/we (*) hereby revoke the contract entered into with me/us (*) about the purchase of the following merchandise (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Consumer's name
Consumer's address
Consumer's signature (only if paper notification is sent)
Date
(*) Please cross out any information that does not apply.
15. Important information:
Rollenbau GmbH
Paminagasse 95
1230 Vienna, Austria
Phone +43 1 667 32 38, Fax +43 1 665 04 50
info@rollenbau.at
Bank account details:
Name: Oberbank, Kto: 501 1600 22, BLZ: 15150
IBAN: AT661515000501160022, BIC: OBKLAT2L
Legally required information pursuant to Section 5 (1) of the Austrian E-Commerce Act
Member of the Vienna Economic Chamber
Section: Trading in machines and precision tools
Professional group: Equipment and components trade - technical and industrial use
Company register number: 120699z
Commercial register court: Commercial Court Vienna
Head office: Vienna
Media proprietor, editor, owner: Rollenbau GmbH
Managing director: Karl Rosse
Trade law provisions: Trade Regulation Act www.ris.bka.gv.at
Voluntary code of conduct: E-commerce quality mark www.guetezeichen.at
Data information point: info@rollenbau.at
Our goal is complete customer satisfaction. Please contact us if we ever fail to achieve that.
We will certainly find a solution that works for everybody!