General Terms and Conditions of Business with Customer Information
The company Kathrein Rodel GmbH, Gießenstraße 7, A-6522 Prutz, Austria executes your order on the basis of the following general terms and conditions (AGB).
The following General Terms and Conditions also contain legal information on your rights under the provisions governing distance contracts and electronic commerce.
1. Scope of application
1.1 For the business relationship between Kathrein Rodel GmbH, Gießenstraße 7, A-6522 Prutz (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), the following General Terms and Conditions of Business shall apply exclusively in their version valid at the time of the order
1.2 You can contact our customer service for questions, complaints and complaints on weekdays from 9 am to 6 pm at +43.5472.6307 or by e-mail at firstname.lastname@example.org
1.3 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to his commercial or independent professional activity (§ 13 BGB).
1.4 Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but a request to place an order. Service descriptions in catalogues and on the seller’s websites do not have the character of a warranty or guarantee.
2.2 All offers are valid “as long as stocks last”, unless otherwise noted on the products. Incidentally, errors are reserved.
3. Ordering process and conclusion of contract
3.1 The customer can select products from the seller’s assortment without obligation and collect them in a so-called shopping cart by clicking on the button[into the shopping cart]. The customer can then proceed to the completion of the order process within the shopping cart by clicking the[Continue to checkout] button.
3.2 By clicking the[Buy] button, the customer submits a binding application for the purchase of the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Required fields are marked with an asterisk (*).
3.3 The Seller will then send the Customer an automatic acknowledgement of receipt by e-mail, in which the Customer’s order will be listed again and which the Customer can print via the “Print” function (order confirmation). The automatic acknowledgement of receipt merely documents that the customer’s order has been received by the seller and does not constitute an acceptance of the request. The contract of sale is only concluded when the seller has dispatched the ordered product to the customer within 2 days, or has confirmed dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending the invoice.
3.4 If the seller makes a prepayment possible, the contract is concluded with the provision of the bank data and a request for payment. If payment has not been received by the Seller within 10 calendar days after the order confirmation has been sent, despite the due date, even after a new request has been made, the Seller shall rescind the contract with the consequence that the order has lapsed and the Seller has no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the article with prepayment payments will therefore be made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1 All prices quoted on the Seller’s website are inclusive of the applicable statutory sales tax.
4.2 In addition to the prices quoted, the Seller shall charge shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and within the framework of the order process
5. Delivery, availability of goods
5.1 As far as prepayment has been agreed upon, the delivery takes place after receipt of the invoice amount.
5.2 If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, as far as this is reasonable for the customer.
5.3If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, insofar as this is reasonable for the customer.
5.4 If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose to you the delivery of a comparable product. If no comparable product is available or if the customer does not wish to have a comparable product delivered, the seller will reimburse the customer without delay for any payments already made.
5.5 Customers will be informed about delivery times and delivery restrictions (e. g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.
6. Modalities of payment
6.1 The customer can choose from the available payment methods within the framework of and before completion of the order process. Customers are informed about the available means of payment on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days after receipt of the goods and invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third parties are commissioned with the payment processing, e. g. Paypal. their general terms and conditions apply.
6.4 If the due date of payment is determined according to the calendar, the customer is already in default due to a default of payment. In this case, the customer has to pay the statutory default interest.
6.5 The customer’s obligation to pay interest on arrears does not exclude the assertion of further damages caused by delay by the seller.
6.6 The customer shall only be entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty for material defects and guarantee
8.1 The warranty is determined by legal regulations.
8.2 A guarantee exists for the goods delivered by the seller only if this has been expressly given. Customers will be informed of the warranty terms and conditions prior to initiating the order process.
9.1 The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to the other statutory conditions of entitlement.
9.2 The Seller shall be liable without limitation if the cause of damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the fulfilment of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on which the Customer regularly relies on compliance. In this case, however, the Seller shall only be liable for foreseeable, contract-typical damage. The Seller shall not be liable for the slightly negligent breach of obligations other than those stated in the above sentences.
9.4 The aforementioned limitations of liability shall not apply in the event of injury to life, limb and health, for a defect after assumption of a guarantee for the quality of the product and for maliciously concealed defects. Liability according to the product liability law remains unaffected.
9.5 Insofar as the Seller’s liability is excluded or limited, this shall also apply 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 placing the order by using the print function of his browser in the last step of the order.
10.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, the customer also receives a copy of the GTC together with the instructions for revocation and the information on shipping costs as well as terms of delivery and payment. If you have registered in our shop, you can view your orders in your profile area. In addition, we save the text of the contract but do not make it accessible on the Internet.
11. Data protection
11.2 When initiating, concluding, processing and reversing a contract, Kathrein Roldel GmbH, Gießenstr. 7, 6522 Prutz, Austria, Tel. 0043 5472 6307, www.rodel.at the first and last name of the contact person, company if applicable, the address (if different: delivery address), the e-mail address, telephone number (personal data ). The data marked with an asterisk is required for the performance of the contract; the other data are given voluntarily.
11.3 We collect, process and use the personal data exclusively for the purpose of executing the contract, for correspondence with the contracting party in connection with the performance of the contract and for billing. If the contracting party does not want to provide the data, the contract can not be carried out for legal reasons. The legal basis for data collection and use is Article 6 (1) (b) GDPR of the required data and Article 6 (1) (a) GDPR of the voluntary data and, if applicable, Article 6 (1) lit. f) GDPR, as far as our legitimate interests require.
11.4 In particular, we are entitled to transfer your data to third parties if and to the extent that this is necessary for carrying out pre-contractual measures and fulfilling this contract in accordance with Art. 6 para. 1 lit. b) GDPR, in order to fulfill a legal obligation within the meaning of Art. 6 (1) lit. c) GDPR or to enforce our legitimate interests in accordance with. Art. 6 para. 1 lit. f) GDPR is required. A transmission can take place in particular
a) shipping service provider for the purpose of delivery
b) payment institutions for the purpose of collecting debts, insofar as you have chosen direct debit as the method of payment
c) Processors working on our behalf, i. on instruction, and acting on behalf of us on the basis of a contract.
d) Payment service providers – depending on the choice of means of payment.
11.5 The storage of the company, the first and last name, the address and the e-mail address takes place for a period of 10 years in order to preserve the tax retention periods. The voluntary data, on the other hand, will only be stored for as long as necessary. This is usually the case with the performance of the contract.
11.6 You have the right to demand information from us at any time about the personal data stored with us (Art. 15 DS-GVO). This also applies to the recipients or categories of recipients to whom this data is shared and the purpose of the storage. In addition, you have the right, under the conditions of Art. 16 DS-GVO, to correct and / or, under the conditions of Art. 17 DS-GVO, the deletion and / or, under the conditions of Art. 18 DS-GVO, the restriction of processing to demand. Furthermore, under the conditions of Art. 20 DS-GVO you can request data transfer at any time.
11.7 In the case of the processing of personal data for the exercise of legitimate interests (Article 6 (1) sentence 1 (f) of the GDPR), you may object to the processing of your personal data at any time with effect for the future. In the case of opposition, we shall refrain from any further processing of your data for the aforementioned purposes, unless
(a) there are compelling legitimate grounds for processing that outweigh your interests, rights and freedoms; or
b) the processing is necessary for the assertion, exercise or defense of legal claims
11.8 Please address all information requests, requests for information, revocations or objections to data processing by e-mail or fax / post to Kathrein Roldel GmbH, Gießenstr. 7, 6522 Prutz, Austria, Tel. 0043 5472 6307, www.rodel.at. For further information, please refer to the full text of the DS-GVO. Furthermore, you have the opportunity to complain to the competent supervisory authority about data protection matters. Our competent authority is the Austrian Data Protection Authority, Wickenburggasse 8, A-1080 Vienna.
12.Jurisdiction, Applicable Law, Contractual Language
12.1 Place of jurisdiction and place of performance shall be 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.
12.2 The language of the contract is German.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides an online dispute resolution platform (OS) which you can find at https://ec.europa.eu/consumers/odr We are not obliged or willing to participate in a dispute settlement procedure before a consumer arbitration board.