General Terms and Conditions
Status: Vienna, December 12th, 2020
Disclosure according to §5 ECG:
Company name: R.A.Present Christian Burgstaller
Address: Obere Donaustraße 11/2/6 1020 Vienna
Phone: +436607379897
Email: info@rapresent.at
UID: ATU77034219
Managing director: Christian Burgstaller
Trade authority: Municipal District Office for the 2./20. Vienna district
(Hereinafter referred to as “seller” for short).
§ 1) Scope
1.1 These general terms and conditions ("GTC") and the rights of withdrawal and consequences of withdrawal for consumers regulated under Item 11 apply - unless otherwise expressly agreed - for the conclusion of contracts between the seller and the customer.
1.2 By submitting his contract declaration (see point 2), the customer accepts these terms and conditions. Contracts can only be concluded under these conditions. The version of these terms and conditions valid at the time of the order applies.
§ 2) Conclusion of the contract
On our website, the customer's offer is made by ordering the item. The customer's offer becomes binding for him when he clicks on the “order subject to payment” button. Please note that the customer will be sent a separate confirmation of receipt of his order after we have received his order. Such a confirmation does not yet constitute an acceptance of the offer. Our acceptance takes place only through a separate, written confirmation of order within a reasonable period, or through actual delivery of the ordered goods. A reasonable period is to be understood as a period of no more than 5 working days. We are entitled to only partially accept orders or to reject them without giving reasons. If you do not receive a message despite having entered a valid e-mail address,info@rapresent.at
§ 3) Contract language
The content of the contract, all other information, customer service and complaint handling are consistently offered in German.
§ 4) Registration on the website, website access
4.1 Before placing the first order, the customer must register on the website.
4.2 The customer must be at least 18 years of age and have full legal capacity. By submitting the registration form, the customer confirms the accuracy of his information, in particular his name, age, legal capacity and address.
4.3 As a new user, you can log in by entering a user name that does not have to be identical to your name, and also assign a password. Now please open
4.4 The customer is responsible for keeping the access code confidential. We can only check whether an access code corresponds to a properly activated customer authorization. We are not subject to any further obligation to check. Every person who logs in with a customer authorization released on the website and the corresponding access code is deemed to be authorized to place orders for the customer registered with it in a legally effective manner.
§ 5) Individually designed goods
5.1 You provide us with the appropriate information or texts required for the individual design of the goods before the contract is concluded. On the basis of this information or text, we will create a sketch for which you have to transfer 50.00 in advance. With your consent to have the goods manufactured on the basis of our draft, the contract is concluded.
5.2 You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us from all third party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
5.3 We do not check the transmitted data for correctness and in this respect accept no liability for errors.
5.4 The exchange of individually designed goods is excluded.
§ 6) Prices and shipping costs
The prices listed on the website are retail prices including sales tax. We will notify the consumer of all shipping or other costs before submitting his offer, provided that these costs can reasonably be calculated in advance.
§ 7) Terms of payment
7.1 Unless otherwise agreed in writing, our claims are to be paid in full and without deduction before delivery of the ordered products. Payment of the purchase price when purchasing via our website is possible using the prepayment method.
7.2 Billing takes place in euros.
7.3 In the event of default in payment, the customer is obliged to reimburse Rapresent for all reminder and collection costs incurred by Rapresent as a result of this default in payment. The company RAPresent Christian Burgstaller reserves the right to claim higher damage caused by default.
§ 8) Delivery
8.1 The delivery (posting by us) for an online purchase takes place - provided the goods are in stock and nothing different is noted on the website - within 5 working days after payment of the order or payment of the order in the case of acceptance by actual delivery (pt 2). Our goods are delivered by Österreichische PostAG.
8.2 Delivery is made to the delivery address specified by the customer. Any additional costs caused by the customer providing an incorrect delivery address must be borne by the customer.
8.3 The delivery period is extended by the duration of the hindrance due to all circumstances independent of the will of the party, such as force majeure, unforeseeable operational disruptions, official interventions, transport and customs clearance delays, transport damage, rejects of important production parts and labor disputes.
§ 9) Retention of title
9.1 The goods delivered by us remain our property until all of our claims from the respective delivery have been paid in full.
9.2 The customer is obliged to treat the goods with care for the duration of the retention of title. He must inform us immediately of all access to the goods by third parties, in particular of enforcement measures, as well as damage or destruction of the goods. In the event of negligence, the customer has to reimburse us for all damages and costs that arise from a breach of these obligations and from necessary intervention measures against access by third parties to the goods.
§ 10) Warranty
10.1 The statutory warranty provisions (§8 KSchG) apply to consumers in the event of defects in the goods. There is no guarantee for damage caused by improper use or treatment of the product. The same applies to normal wear and tear.
10.2 The product images on the website and / or in our folders may differ in color and size from the appearance of the delivered products due to the resolution and size. The delivered goods are deemed to be in accordance with the contract if the delivered items correspond to the other product specifications.
10.3 If the customer is a consumer within the meaning of the KSchG, he has to check the delivered goods after receipt for completeness, correctness and other freedom from defects, in particular for the intactness of the packaging, and to inform us of any defects by e-mail to info@rapresent.at to be announced and to be briefly described. This only serves to process any complaints more quickly and effectively. A breach of this obligation does not result in any restriction of the consumer's statutory warranty rights.
10.4 If the customer requests that the goods be returned to us and the goods are actually defective, we shall bear the corresponding costs. Otherwise, any costs of the shipment are to be borne by the consumer. Defective goods are therefore only to be returned at our express request.
§ 11) Right of withdrawal in distance selling
11.1 Customers who are consumers within the meaning of the Consumer Protection Act can withdraw from the purchase 14 days from the receipt of the goods without giving a reason. It is sufficient if the declaration of withdrawal is sent within the period without giving reasons (to be sent to info@rapresent.at ).
11.2 In the event of withdrawal, the purchase price will only be reimbursed step by step against the return of the goods received from the customer. Both the return of the goods and the reimbursement of the purchase price must be made within 14 days of the declaration of withdrawal or the return of the goods. The condition for this is that the goods are unused and can be resold as new. RAPresent Christian Burgstaller bears the costs of the return.
11.3 Inquiries, information, data information and complaints should be directed to info@rapresent.at
§ 12) Transport damage
If the goods are damaged during transport, the customer is obliged to report this damage to the transport / shipping company immediately before contacting us regarding a replacement of the goods.
§ 13) Alternative dispute resolution
Under the link http://ec.europa.eu/odr , the Commission of the European Union provides an (OS platform) online platform for dispute resolution. If the customer is a consumer residing in the European Union, there is the option of out-of-court settlement if there are disputes about contractual obligations from an online sales contract. We are obliged to inform you about the existence of this platform. However, we are not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
§ 14) Place of jurisdiction, choice of law, miscellaneous
14.1 Should individual provisions of these terms and conditions be ineffective in whole or in part, this does not affect the validity of the remaining provisions and the contracts concluded on the basis of them.
14.2 The place of jurisdiction for all disputes arising from this contract is the locally and materially competent court for 1020 Vienna. Only Austrian law.