I. General:
RAG Handelsgesellschaft m.b.H. (hereinafter “RAG”) contracts exclusively under the following conditions.
Deviations from these and the customer’s terms and conditions are ineffective and do not become part of the contract unless they are acknowledged by RAG in writing. The mandatory provisions of the Consumer Protection Act (KSchG) in its currently valid version apply to consumers
II. Terms of Use
(1) RAG’s offers in the Internet portal (webshop) it operates at rag-shop.com are subject to change. Goods will only be delivered in normal household quantities to the delivery address specified by the customer.
(2) When using the web shop, the customer is “guided” through the individual steps until the submission of his contractual declaration (the offer). It is used exclusively in German. Before the final ordering step (sending the order), the customer is shown the contents of his order (shopping cart) and is given the opportunity to correct input errors, change his order (remove or add goods), cancel the ordering process or send the order to RAG to ship.
(3) The ordering process is completed by sending the order. The customer is bound to his order (for the right of withdrawal for consumers after conclusion of the contract, see point III). Confirmation of shipment will be displayed in the webshop. In addition, RAG confirms receipt of the customer order by a separate email. The order is saved by RAG.
(4) The contract between the customer and RAG comes into effect upon acceptance by RAG. Acceptance occurs either through an express declaration or implicitly by sending the ordered goods to the customer. If RAG does not accept the customer’s order (particularly, but not exclusively, due to a lack of availability of the goods), the customer will be informed of this. Any payment he may have made will be refunded. If the customer does not receive an express declaration of acceptance from RAG and RAG does not execute the order within 30 days of the day following the customer’s transmission of the order, the customer is no longer bound to his order.
III. Right of withdrawal
(1) The customer can withdraw from his contract declaration or the concluded contract within a period of 15 calendar days without giving reasons. The period begins on the day on which the customer receives the goods. The period begins on the day on which the customer receives the goods.
(2) Withdrawal must be made by means of a clear declaration (e.g. letter, e-mail) about the decision to revoke the contractual declaration or the contract. Der Kunde kann dafür das beigefügte Muster-Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist. To meet the withdrawal deadline, it is sufficient if the declaration of withdrawal is sent within the deadline. The declaration of withdrawal must be sent to:
RAG Handelsgesellschaft m.b.H.
Gewerbepark B17/II/Straße 3
2524 Teesdorf
E-Mail: office@rag.co.at
(3) In the event of an effective withdrawal, RAG will reimburse the customer for the payments made by him, including delivery costs (with the exception of the additional costs resulting from the customer choosing a type of delivery other than the cheapest standard delivery offered by RAG) , immediately and at the latest within 14 days from the day on which notification of the customer’s withdrawal was received by RAG. RAG can refuse repayment until RAG has received the goods back or until the customer has provided evidence that he has sent the goods back, whichever is earlier. For the repayment, RAG uses the same payment method that the customer used in the original transaction, unless something different was expressly agreed with the customer; In no case will the customer be charged any fees for this repayment.
DThe customer must return or hand over the goods to RAG’s above-mentioned address immediately and in any case no later than 14 days from the day on which the customer informs RAG of the withdrawal. The deadline is met if the customer sends the goods before the deadline of 14 days has expired. The customer bears the direct costs of returning the goods.
The customer only has to pay for any loss in value of the goods if this loss in value is due to handling by the customer that is not necessary to check the nature, properties and functionality of the goods. If the customer cannot return the goods in whole or in part or only in a deteriorated condition, RAG reserves the right to deduct compensation for any associated reduction in value of the goods from the purchase price if the deterioration is due to handling of the item goes beyond testing the nature, properties and functionality. Testing the nature, properties and functionality means testing and trying out the respective goods, as is possible and usual in a retail store.
IV. Prices, shipping costs and payment
(1) All price information includes statutory sales tax (gross prices). The shipping costs depend on the individual case and will be announced during the ordering process.
(2) The payment methods available are “immediate transfer”, “advance payment”, “credit card” or “cash on delivery”.
(3) The due date of the purchase price depends on the agreed payment method. In the case of immediate transfer or advance payment, the purchase price is due when ordering, in the case of payment by credit card, when shipping (handover of the goods for transport) and in the case of cash on delivery Delivery of the goods is due.
(4) RAG only accepts customer account details (in particular credit card details) if these are entered in the online shop during the ordering process or if they are communicated to RAG by using the return form provided by RAG (the customer receives this as part of the delivery). Customer account data (in particular credit card data) that is transmitted by customers in any other way, for example via email, fax, etc., will not be accepted by RAG and the information will be deleted immediately, unless RAG has expressly agreed to the transmission in individual cases, in writing and before transmission agreed.
V. Retention of title and late payment
(1) Ownership of the delivered goods only passes to the customer when the customer has paid the full price.
((2) In the event of late payment, default interest of 12%, but at least 8 percentage points above the base interest rate (published semi-annually by the Austrian National Bank) per year, is deemed to be agreed. After an unsuccessful reminder, RAG is free to commission an authorized debt collection agency or a lawyer to carry out the debt collection. The customer undertakes to reimburse RAG for the costs of necessary and appropriate legal prosecution, provided that these are proportionate to the claim.
VI. Warranty / place of performance
The statutory warranty rules apply. If the customer is an entrepreneur, he must inspect the goods for defects immediately upon receipt, otherwise his claims will be lost, and report these to RAG. The place of fulfillment is the place of dispatch of the goods.
VII. Offsetting
Offsetting by the customer is only permitted with counterclaims that are legally related to the transaction and that have either been established by a court or recognized by RAG.
VIII. Responsibility for links / rights violations
(1) RAG is not responsible for the content of web content that is referred to in the RAG internet portal (linked pages) and over which RAG has no influence (third-party pages).
(2) If a customer becomes aware that the contents of linked pages involve illegal activities or information, the customer is requested to inform RAG of this. The notification should preferably identify the activity or information and which law(s) it violates in order to enable RAG to respond accordingly.
IX. Industrial property rights/copyright
The use, editing, reproduction or distribution of content on the Internet portal operated by RAG at www.rag-shop.com is prohibited without the prior written consent of RAG.
X. Data protection and data security
See here!
XI. Final provisions
(1) Austrian law applies exclusively, excluding conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods.
(2) Subsidiary agreements and contractual changes must be in writing to be effective. This also applies to waiving the written form requirement.
(3) Should individual provisions of these General Terms and Conditions be or become legally invalid, this will not affect the effectiveness of the remaining provisions. The invalid regulation will be replaced by a regulation that comes as close as possible to the party’s intention of the invalid regulation and can be permissibly agreed upon.
(4) For disputes arising from contracts on which these purchasing conditions are based, the competent court in Wr. is, subject to Section 14 KSchG. Neustadt is exclusively responsible.
Revocation form
If you want to cancel the contract, please fill out this form and send it back by post to RAG Handelsgesellschaft m.b.H., Gewerbepark B17/II/Straße 3, 2524 Teesdorf or by email to office@rag.co.at:
I hereby revoke the contract I concluded for the purchase of the following goods:
Ordered on:
Received at:
My name:
My address:
My signature:
(only for notification on paper)