General Terms and Conditions

General Terms and Conditions of RIMA GmbH

Status: Mai 2020

(The following General Terms and Conditions also contain legal information on your rights under the regulations on distance contracts and electronic commerce).

  1. Scope of application
  2. Offers and service descriptions
  3. Ordering process and conclusion of contract
  4. Prices and shipping costs
  5. Delivery, availability of goods
  6. Terms of payment
  7. Retention of title
  8. Warranty and guarantee
  9. Liability
  10. Right of withdrawal
  11. Exclusion of the right of withdrawal
  12. Returns
  13. Saving the text of the contract
  14. Data protection and security
  15. Jurisdiction, Applicable Law, Contractual Language
  • 1 Scope of Application
  1. For the business relationship between
    RIMA GmbH
    Admonter Straße 8
    8940 Liezen
    Austria 
    E-Mail: office@rima-gmbh.at (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
  2. You can contact our customer service for questions, complaints and objections by e-mail at office@rima-gmbh.at or by telephone at +43(0) 3612 / 250 25.
  3. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that cannot be attributed to his or her commercial or independent professional activity.
  4. Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity in writing.

  • 2 Offers and Technical Descriptions
  1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues and on the Seller's websites do not have the character of an assurance or guarantee.
  2. All offers are valid "while stocks lasts" unless otherwise stated with the products. Errors and omissions excepted.

  • 3 Ordering process and conclusion of contract
  1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart via the [add to cart] button.
  2. The customer can then proceed to complete the order process within the shopping cart by clicking the [Continue to checkout] button.
  3. By clicking the [Buy] button, the customer makes a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).
  4. The seller then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the seller has dispatched or handed over the ordered product to the customer within 7 days or has confirmed the dispatch to the customer within 7 days with a second e-mail, express order confirmation or sending of the invoice.
  5. If the seller allows payment in advance, the contract is concluded with the provision of the bank details and request for payment. If the payment has not been received by the seller within 7 calendar days after sending the order confirmation, despite the due date, the seller shall withdraw from the contract with the consequence that the order shall lapse and the seller shall not be obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item in the case of advance payment is therefore made for a maximum of 7 calendar days.

  • 4 Prices and Shipping Costs
  1. The prices stated on the product pages include the statutory German VAT (19%). The VAT rates for customers from Austria (20%) and Switzerland (0%) are recalculated when the delivery address is filled in. Prices are subject to change and errors excepted.
  2. In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the Buyer on the shipping costs page and during the ordering process.

  • 5 Delivery, Availability of Goods
  1. If no units of the product selected by the customer are available at the time of the customer's order, the seller shall inform the customer in the order confirmation. If the product is permanently unavailable, the seller shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
  2. If the product specified by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller shall also be entitled to withdraw from the contract. In this case, the seller will immediately refund any payments already made by the customer. If payment in advance has been agreed, delivery shall be made after receipt of the invoice amount.

  • 6 Terms of Payment 
  1. The customer can choose from the available payment methods before completing the order process.
  2. If payment on account is possible, payment must be made within 7 days of receipt of the goods and the amount invoiced without deductions. For all other methods of payment, payment must be made in advance without deduction.
  3. If third-party providers are commissioned with the payment processing, e.g. PayPal, their General Terms and Conditions shall apply. The seller is entitled to charge the customer payment fees for processing via third-party providers. These will be clearly communicated to the customer during the ordering process.
  4. If the due date for payment is determined according to the calendar, the customer shall already be in default by missing the deadline. In this case, the customer shall pay interest on arrears at a rate of 5 percentage points above the base rate.
  5. The customer's obligation to pay default interest does not preclude the seller from claiming further damages for default.
  6. The customer shall only have a right of set-off if his counterclaims have been legally established or accepted by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

  • 6.1. Klarna

    In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:

    • Invoice: The payment term is [14] days from dispatch of the goods. The full invoice terms for the countries where this payment method is available can be found here: 
      Klarna international
    • Instalment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly instalments under the conditions specified in the checkout. The instalment payment is due at the end of each month after Klarna sends you a monthly invoice. For more information on the payment by instalments service, including the terms and conditions and standard European consumer credit information for the countries where this payment method is available, please click here (only available in the countries indicated): Klarna international

    The use of the payment methods invoice, hire purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of the address and credit check as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna is available here. Your personal information will be treated by Klarna in accordance with applicable data protection laws and as set out in Klarna's Privacy Policy.

  • 7 Reservation of Ownership
  1. The delivered goods remain the property of the seller until full payment has been made.

  • 8 Warranty and Guarantee
  1. The warranty shall be determined in accordance with statutory provisions.
  2. A guarantee only exists for the goods delivered by the seller if this has been expressly stated.

  • 9 Liability
  1. The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to the other statutory prerequisites for claims.
  2. The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
  3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
  4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
  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 Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us (RIMA GmbH, Admonter Straße 8, 8940 Liezen, Austria, office@rima-gmbh.at, telephone: 0361225025) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the standard  cancellation form which is, however, not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Consequences of Withdrawal

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. For goods that cannot be returned normally by post due to their nature, these costs are Austria €59.00 Germany €69.00 Switzerland €119.00 EUR. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

The right of withdrawal does not apply to the following contracts:

  • Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

  • 11 Notes on the Exclusion of the Right of Withdrawal
  1. The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs.

  • 12 Returns
  1. Customers are asked to notify the seller [office@rima-gmbh.at] of the return before sending it back. In this way, they enable the seller to allocate the products as quickly as possible.
  2. Customers are requested to have the goods collected by the seller's partner freight forwarder, which also ensures the transport insurance of the freight. The seller will provide the necessary conditions for the use of the freight forwarder after receipt of the written notice of withdrawal.
  3. Customers are requested to avoid damaging or contaminating the goods. Where possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the possession of the seller, other suitable packaging should be used to ensure adequate protection against damage in transit and to avoid any claims for damages due to inadequate packaging.
  4. The modalities specified in this section (No. 12) of the GTC are not a prerequisite for the effective exercise of withdrawal pursuant to No. 10 of these GTC.

  • 13 Archiving of the Text of the Contract
  1. The seller saves the contract text of the order. The GTC are available online. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
  2. The seller will also send the customer an order confirmation with all order data to the e-mail address provided by the customer. Furthermore, the customer receives a copy of the General Terms and Conditions with his order.

  • 14 Data Protection and Security

 

  1. The Seller handles personal data of the Customer for a specific purpose and in accordance with the statutory regulations.
  2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) will be used by the seller to fulfil and process the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process.

 

As a Data Subject, You Have the Following Rights:

  1. In accordance with Art. 15 DSGVO, you have the right to request information about your personal data processed by us to the extent specified therein;
  2. In accordance with Art. 16 DSGVO, you have the right to request the correction of incorrect or incomplete personal data stored by us without delay;
  3. In accordance with Art. 17 DSGVO, you have the right to request the deletion of your personal data stored by us, unless the further processing of your personal data is prohibited.

- to exercise the right to freedom of expression and information;

- to fulfil a legal obligation;

- for reasons of public interest, or

- is necessary for the assertion, exercise or defence of legal claims;

  1. in accordance with Art. 18 DSGVO, the right to request the restriction of the processing of your personal data, insofar as

- the accuracy of the data is disputed by you;

- the processing is unlawful but you object to its erasure;

- we no longer need the data, but you need it to assert, exercise or defend legal claims, or

- you have objected to the processing pursuant to Art. 21 DSGVO;

  1. in accordance with Art. 20 DSGVO, the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller;
  2. In accordance with Art. 77 DSGVO, you have the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters for this purpose.
  • 15 Jurisdiction, Applicable Law, Contractual Language
  1. The place of jurisdiction and performance shall be the registered office of the Seller if the Purchaser is a merchant, a legal entity under public law or a special fund under public law.
  2. The law of the Republic of Austria shall apply. This shall not apply if mandatory consumer protection regulations conflict with such application.
  3. The contractual language is German.