§ 1 Scope
(1) The following terms and conditions are part of every contract between ROHKRAFT green GmbH, Schulgasse 6, 3454 Reidling, Austria, represented by its managing director Mr. Karl Pfiel, resident there, (hereinafter: ROHKRAFT) and the customer.
(2) ROHKRAFT provides its services exclusively on the basis of these terms and conditions.
§ 2 Conclusion of contract
(1) The presentation of the goods, in particular on the Internet, does not constitute a binding offer from ROHKRAFT.
(2) The customer can make any selection from the offer and place goods in the shopping cart using the "ADD" link. The customer can empty the shopping cart at any time by setting the number of selected products to "0". The changes can be made using the mouse and keyboard. By clicking the "CHECKOUT" button, the customer is forwarded to a page where he can register as a customer if he does not yet have access data or can log in as an existing customer. For this purpose, a user name and password as well as the contact data are entered. After successful registration and confirmation of the delivery address, the ordering process is completed by pressing the button "PAID ORDER". By sending the order, the customer makes a binding offer to purchase the goods in the shopping cart and accepts these General Terms and Conditions. The receipt of the order is displayed to the customer immediately after completing the ordering process.
We store your order and the order data you entered.
(3) The customer will be informed of the receipt of the order by email. This is not a binding acceptance of the order. The contract is only concluded when a separate delivery confirmation is sent by e-mail or when the goods are shipped.
(4) The language used for the conclusion and execution of this contract is German
§ 3 Terms of Delivery / Delivery Costs
(1) Unless otherwise agreed in writing, delivery is ex warehouse. If the customer is a consumer, ROHKRAFT alone bears the shipping risk. On the other hand, if the customer is an entrepreneur, the risk passes to the customer as soon as ROHKRAFT has delivered the item to the freight forwarder or the person or institution otherwise responsible for carrying out the shipment.
(2) Delivery takes place within 5 working days, whereby working days are Monday to Friday, with the exception of public holidays. The period begins with the conclusion of the contract and can vary per country and shipping method. Details on delivery times, shipping costs and methods of the countries supplied can be found under "Shipping costs and payment methods".
§ 4 Terms of Payment
(1) You can see the accepted payment methods (PayPal, bank transfer) here. When paying via the "Payment by PayPal" payment method, the purchase price claim is assigned to PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"). The data required for payment processing is transmitted to PayPal. For the purpose of its own credit check, PayPal transmits data to credit agencies (credit bureaus) and receives information and, if necessary, creditworthiness information from them on the basis of mathematical-statistical processes (probability or score values), the calculation of which includes address data, among other things. By selecting the specified payment method, the customer agrees to the transmission of data to PayPal and the execution of credit checks. Detailed information on this and the credit agencies used can be found in PAyPal's data protection regulations, which you can access here.
(2) All prices include statutory sales tax.
(3) All shipping costs, in particular packaging, transport costs, transport insurance and deliveries are at the expense of the customer, unless otherwise agreed separately, see § 4 (3).
(4) If a customer defaults in payment, even if the customer defaults in payment through no fault of their own, they undertake to pay the resulting reminder fees and interest of 12.5% pa. A debt collection agency is then commissioned to collect the debt.
In addition to the aforementioned costs, all costs incurred by the collection agency and billed to us, the maximum amount of which results from the regulation on the maximum rates for collection agencies (Federal Law Gazette No. 141/96), shall be borne by the customer who is culpably in default of payment, provided that these costs are reasonable and necessary for appropriate legal prosecution.
Payments are first credited against interest and costs.
The customer is hereby expressly informed that in the event of default in payment by ROHKRAFT green GmbH (ROHKRAFT), the name (including previous names), gender, address, profession, outstanding balance and the reminder data in accordance with Section 8 (3) DSG 2000 to the commercial credit register and to debt collection companies authorized to collect claims.
§ 5 Retention of title
The goods remain the property of ROHKRAFT until full payment has been made.
§ 6 Warranty
(1) With regard to the warranty, the statutory provisions shall apply unless otherwise agreed in Section 7 Paragraphs 2 to 3.
(2) The warranty period is 24 months and begins when the purchased item is handed over if the customer is a consumer.
(3) If the customer is an entrepreneur, the period is 12 months from handover of the item. The statute of limitations for claims for damages in the event of injury to life, limb or health based on an intentional or negligent breach of duty by the seller or on an intentional or negligent breach of duty by a legal representative or vicarious agent of ROHKRAFT remains unaffected. Furthermore, the statute of limitations for claims for damages for other damages resulting from an intentional or grossly negligent breach of duty by the seller or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of ROHKRAFT remains unaffected. If ROHKRAFT negligently violates an essential contractual obligation, the statute of limitations for claims for damages also remains unaffected. Essential contractual obligations are obligations which the contract imposes on ROHKRAFT according to its content in order to achieve the purpose of the contract, the fulfillment of which
proper execution of the contract in the first place and on compliance with which the customer may regularly rely (e.g. delivery of the goods and transfer of ownership of the goods).
(4) The customer, who is an entrepreneur, must examine the goods immediately after delivery by ROHKRAFT, insofar as this is feasible in the ordinary course of business, and if a defect is found, notify ROHKRAFT immediately. If the customer fails to do so, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. If such a defect appears later, the notification must be made immediately after discovery. Otherwise, the goods shall be deemed to have been approved, even in view of this defect. The timely dispatch of the notification is sufficient to protect the rights of the customer. If ROHKRAFT has fraudulently concealed the defect, it cannot invoke these regulations.
§ 7 cancellation policy
right of withdrawal
As a consumer, you have the right to withdraw from this contract within fourteen days without giving a reason.
The period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must
ROHKRAFT green GmbH
Phone: +43 (0)2276 / 7001
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid 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 different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees 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 earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back)
- To (enter name, address, fax, e-mail)
- I/we (*) hereby revoke the contract concluded by me/us for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
(*) Delete where not applicable
§ 8 Limitation of Liability
(1) With the exception of injury to life, limb and health, ROHKRAFT is only liable for damage that is attributable to intentional or grossly negligent conduct. This also applies to indirect consequential damage, such as lost profit in particular.
(2) Except in the case of intentional or grossly negligent behavior or damage resulting from injury to life, limb and health, liability is limited to the damage typically foreseeable at the time the contract was concluded and otherwise to the amount of the average damage typical for the contract. This also applies to indirect consequential damage, such as lost profit in particular.
(3) The limitations of liability in paragraphs 1 and 2 also apply to the benefit of ROHKRAFT's employees and vicarious agents.
(4) Claims for liability based on the Product Liability Act remain unaffected.
§ 9 Information on online dispute resolution
On February 15, 2016, the European Commission established an internet platform for online dispute resolution. This should enable consumers and retailers to settle disputes in connection with online sales contracts or online service contracts easily, efficiently, quickly and out of court. The platform can be reached via the website http://ec.europa.eu/consumers/odr .
We prefer direct clarification of your concerns and do not participate in consumer arbitration procedures. If this is the case, we ask that you contact us at office@ROHKRAFT.net .
§ 10 Final Provisions
(1) The law of the Federal Republic of Austria applies to the exclusion of the UN Sales Convention. Consumers with their habitual residence abroad can also refer to the law of the state in which they reside, regardless of the specific choice of law.
(2) The place of performance is the registered office of ROHKRAFT if the customer is a merchant.
(3) The commercial court in Graz is responsible for any disputes arising from this contract, provided the customer is a merchant.
Delivery and shipping costs / packaging
(1) Shipping costs Austria
Orders under €39 must be charged €5.90 for postage. Orders over €39 are shipped free of charge.
(2) Shipping costs to other countries
The shipping costs incurred are (up to 2 kg):
Within the EU: Orders under €39 will be charged €9.90 shipping costs, orders between €39 and under €100 will be charged €5.90 shipping costs, orders over €100 will not be charged shipping costs. Exceptions are Malta, Cyprus and Spanish, Portuguese, French and Greek islands (shipping costs on request).
To Switzerland: Due to the high import fees in Switzerland (post, customs and handling fees), shipping here is unfortunately more expensive. Up to € 100 order value the shipping costs € 19.90, orders between € 100 and under € 200 are shipped for € 9.90. For orders over € 200 no shipping costs will be charged
Unless the ROHKRAFT recycling campaign is used, all packaging materials can be disposed of in public collection containers. Corn starch may be used as filling material, which can be disposed of as organic waste.
*All prices include the currently applicable sales tax. This amounts to: For Austria: For nutritional supplements: 10% For postage: 20%
PURCHASING CONDITIONS of ROHKRAFT GmbH - GTC FOR SUPPLIERS
The following terms and conditions of purchase apply exclusively to all our orders, purchases and orders. We expressly object to any conflicting terms or restrictions. Changes or deviations from our conditions are only binding in individual cases if we expressly agree to these changes or deviations in writing. The acceptance and/or execution of our order is deemed to be acceptance of these terms and conditions of purchase.
2. Offers / Order
The seller/supplier must strictly adhere to our inquiry in the offer; any deviations and/or additions must be expressly pointed out in writing. Offers are always free of charge and non-binding for us. Only orders/orders placed in writing are binding for us. Orders placed orally/by telephone require the following written confirmation to otherwise be ineffective. The seller/supplier remains bound by his offer for 14 days from receipt, unless a separate, different validity is specified in the offer.
Unless otherwise expressly agreed in writing, the prices stated in our orders are fixed prices and include packaging, transport costs/expenses free destination, duty paid. Unless otherwise stated, the sales tax applicable at the time of delivery must be added to the prices. If the prices are set in a foreign currency and the agreed currency unit appreciates by more than 3% after the order/order has been placed, we are entitled to either cancel the order or reduce it to a different quantity. Objections to our order/order must be made in writing within 5 working days; if there is no objection, this is deemed to be an acknowledgment and confirmation of the order/order.
4. Invoice / Payment
Payment is made by the deadlines specified on the order/order. If no period is specified, invoices are due for payment within 30 days of receipt of the invoice, but no earlier than upon receipt of the goods, performance of the service and acceptance. We can offset claims that we are entitled to against the seller/supplier. Without our consent, the seller/supplier is not entitled to assign claims that arise against us to third parties or to offset them against his own claims. In the event of defects, we are entitled to withhold our payment in full until the defect has been remedied. Invoices that do not correspond to our specifications, in particular that do not contain any reference to the order/order or service provided (e.g. missing our order number, our item number, service period, service certificate, etc.) and therefore cannot be assigned to the order, are not due and will be sent by us returned unprocessed. In this case, the invoices are deemed not to have been issued until the correctly issued invoices have been received.
5. Delivery time / delivery quantity
The agreed delivery times are legally binding and must be strictly observed by the seller/supplier. The delivery period begins on the day the order/order is received by the seller/supplier and is deemed to have been met if the ordered goods/service have arrived and been handed over completely and undamaged by the date and place specified in the order. We only accept early deliveries or partial deliveries with prior written approval. If the agreed delivery date is exceeded, we are entitled, at our discretion, either to set a grace period and insist on performance or to withdraw from the contract without setting a grace period. In the event of withdrawal, we are entitled to make a cover purchase from the replacement supplier who has the goods available the fastest. If this replacement product is of better quality than agreed or if an alternative product has to be purchased due to the urgency, the seller/supplier must bear the resulting additional costs including follow-up costs. The seller/supplier is obliged to pay a no-fault penalty of 3% of the value of the goods per day of delay, up to a maximum of 10%. The penalty will be offset against the delivery claim. Irrespective of this, we are entitled to claim all proven damage beyond this. The seller/supplier is liable to us for any damage and disadvantage resulting from non-compliance with delivery times, conditions, shortages or deviating qualities, even if he himself is not at fault. The measurements/values determined by us always apply to determine the delivery quantity. In the event of an excess delivery, we expressly reserve the right to return the goods at the expense of the seller/supplier. If the seller/supplier is prevented from meeting the agreed delivery deadlines due to an unforeseen event such as a breakdown, official intervention, etc., he is obliged to inform us of these obstacles and their expected duration. It is up to us to decide whether we maintain the contract or withdraw from the contract free of charge for us. Goods acceptance confirmations or invoices that have already been paid do not mean conclusive acknowledgment of proper delivery.
6. Characteristics of the goods/service
The seller/supplier guarantees that the delivered goods/services comply with the applicable legal provisions, ordinances, guidelines, in particular the employee protection ordinance (accident prevention regulations, etc.), the CE regulations, the relevant standards and the recognized rules of science and technology. In addition, the seller/supplier is obliged to observe the safety regulations applicable to the location when providing services in our works. The seller/supplier is also obliged to enclose complete, correct and corresponding analysis certificates related to the delivery of the goods with each delivery, unless we request delivery of the analysis certificates in advance by electronic means (e-mail). The seller/supplier shall indemnify and hold us harmless from any and all damage and disadvantages that we incur as a result of non-compliance with the stated regulations or the above provisions. This also applies to consequential damage, indirect damage and lost profit. The Supplier does not and will not conduct, commission or pay for animal testing. This applies to the products delivered to us, including recipes and ingredients.
7. Warranty / Guarantee / Liability
The goods/services are only deemed to have been handed over/accepted after written acceptance/acceptance at the place of performance/place of use. Each takeover/acceptance is subject to proper delivery/service. The goods/service will be checked by us within a reasonable period of time. We are not bound by any deadlines for the assertion of notices of defects and we waive the objection of late notice of defects. Deliveries that do not correspond to the properties specified by us or the properties usually assumed can be rejected by us in their entirety, even if the defect only relates to a part. The same applies if even just a part of the goods does not comply with the relevant regulations. The properties confirmed by the seller/supplier are considered to be expressly guaranteed. If defects/errors occur within the warranty period, the seller/supplier is obliged to replace the defective goods free of charge, improve them or reduce the price at our discretion. If there are significant defects, we are entitled to conversion. In addition, the seller/supplier is liable to us for all disadvantages and damage resulting from the defective or defective delivery/service, in particular for (defect) consequential damage and lost profit. Claims for compensation are not limited in amount. Exclusions or limitations of liability for faulty or defective products or for consequential damages have no effect on us.
8. Retention of Title
All deliveries to us are made free of retention of title. The acceptance of our order by the seller/supplier is deemed to be an assurance that the delivered goods or the parts installed therein are his free, unencumbered property.
9. Packaging / Shipping / Documents
The seller/supplier must ensure that the packaging and preparation for dispatch are appropriate, appropriate and professional and in accordance with the relevant provisions. With the acceptance of the order, the seller/supplier also assumes responsibility for full compliance with all transport regulations during transport and is liable for the legal consequences resulting from non-compliance with these regulations. The seller/supplier is also obliged to either charge for or take back the packaging material that is used for the delivery. At the start of the business relationship, the seller/supplier must then, without being asked, provide us with the legally binding declaration of participation in the collection or recycling system, including the license number, at the beginning of each calendar year or with the first delivery, or this legally binding declaration together with the license number is on to indicate on the invoices. In the absence of such a legally binding declaration, we are entitled to either return an adequate quantity of packaging material of the same quality according to the delivery notes at the supplier's expense or to hand it over to an authorized disposal/recycling company at the supplier's expense. All deliveries are to be addressed to the address given in the order. A complete shipping notification must be sent to us for each individual shipment. If the shipping papers are missing, the consignment will be stored at the expense and risk of the seller/supplier until the papers are received. The order number must be stated on the dispatch note (including the name of the transport company). In the event of non-compliance with these shipping conditions, the seller/supplier is liable to us for all damage, disadvantages and costs, e.g. additional freight, demurrage, etc. If the transport is commissioned at our expense, the means of transport prescribed by us must be used and the named forwarding agent/carrier commissioned . The seller/supplier must ensure adequate insurance for the delivery at his own expense.
10. Intellectual Property Rights
The seller/supplier declares that the delivery or services provided on the basis of this order do not violate the industrial property rights of third parties. The seller/supplier shall indemnify and hold us harmless if claims are made against us for infringement of industrial property rights in connection with the order in question.
11. Manufacturing records
Samples, models, drawings, plans, clichés or other aids provided by us remain our material intellectual property and must be returned to us after the order has been completed. The return of these execution aids represents part of the fulfillment of the order accepted.
The contractual partners undertake to treat all non-public commercial and technical matters of which they become aware as a result of the business relationship as business secrets and to impose the obligation of confidentiality on their employees as well. This obligation applies indefinitely after the end of the business relationship.
13. Place of Performance / Jurisdiction / Applicable Law / Miscellaneous
The place of performance for all deliveries and services is, at our option, either the specified place of receipt or the registered office of our company. The relevant court in the district of the Regional Court of Graz is agreed as having exclusive jurisdiction as the place of jurisdiction. However, we are entitled to assert our claims at the general place of jurisdiction of the seller/supplier. The order/order, these terms and conditions of purchase and all resulting claims between us and the seller/supplier are subject to Austrian substantive law to the express exclusion of the UN Sales Convention. Should one or some clauses of these purchasing conditions be invalid in whole or in part, this does not affect the effectiveness of the remaining provisions. The ineffective provision will be replaced by an effective one that comes as close as possible to the economic purpose of the ineffective provision.
14. Applicable Languages
In the event of differences in the interpretation of a bilingual or multilingual contract concluded between us and the customer, only the German version is binding. This also applies to the German version of these purchasing conditions.