General Terms and Conditions of Rollerstop GmbH, 1010 Vienna, Himmelpfortgasse 13/6, FN 188554 k (Vienna Commercial Court), email@example.com
Valid from: 03/01/2021
Our company named in the imprint operates the virtual shop "Rollerstop".
Customer service: +43-688-8600596 (Mon-Fri 9:00-13:00), should you not reach us, we will always call you back quickly.
Information, data and complaints at: firstname.lastname@example.org, you will usually receive an answer within 48 hours.
Please note that parcel services cannot deliver parcels to the above address. For returns, use only the return address given on the cancellation form.
Rollerstop is committed to complying with the voluntary code of conduct of the Austrian e-commerce quality mark: www.guetezeichen.atInformation obligation according to ECG
Chamber affiliation: Member of the Austrian Chamber of Commerce, Foreign Trade section
Head office: Vienna, legal form: GmbH.
Supervisory authority according to ECG: Municipal district office of the 1st district
Commercial register number: FN 188554 k
Trade regulations: trade regulations (www.ris.bka.gv.at )
Media owner, editor and publisher:
Address: see address above
Purpose of the company: production and trade in street furniture
MD: Mag. Markus Hoefinger
The general terms and conditions apply to contracts for the sale and delivery of goods and the provision of services (hereinafter also "contracts" or "sales contracts") by our company ("Rollerstop GmbH", hereinafter also "company", "we" , "us"). By making a purchase, the buyer (hereinafter “Customer”, “you”, “your”) agrees to and is bound by these Terms and Conditions. "Goods" and "services" are also referred to as "product" in the following.
Our offers are non-binding and correspond to an invitation to submit an offer. The order of the fully legally competent customer (in Austria persons over the age of 18) represents an offer to the company to conclude a purchase contract ("ECG") does not constitute acceptance of a customer's offer. The purchase contract is only concluded as soon as we deliver the ordered goods or by sending a second e-mail as an order confirmation or by other acceptance of the customer offer, which is agreed with a customer in individual cases. All offers on our website are subject to change, non-binding and are only valid while stocks last.
- Order process, order correction, cancellation of the order
Once you have selected the product you want, you can add it to the shopping cart without obligation by clicking on the " Add to shopping cart" button. You can view the contents of the shopping cart at any time without obligation by clicking on the " Go to shopping cart " button. You can remove the selected products from the shopping cart at any time by clicking the " Delete" button. If you want to buy the products in the shopping cart, click the " Checkout" button. Then please enter your data. When ordering for the first time, registration as a " new user " is required. For the following orders from Rollerstop GmbH, it is sufficient to enter the login and password specified by the user when registering for the first time. Your data will be transmitted in encrypted form. After entering your data and selecting the type of payment and delivery, you can click the " Confirm order" button to go to the order page, where you can check your entries again. By clicking the " Buy now" button, you complete the ordering process. You can correct the entries by clicking the back arrow on the browser. The ordering process can be canceled at any time by closing the browser. You can find a description of how to shop in our shop under the menu item Order Description.
- contract language
The content of the contract, all other information, customer service, data information and complaint handling are offered in German.
The prices quoted include sales tax at the time the order is placed. Any shipping costs are not taken into account. The shipping costs can be seen in the shopping cart before the ordering process is completed and in the order confirmation sent to the customer after the ordering process has been completed. If export or import duties are due during shipping, these are also at the expense of the customer (you can obtain information on this from your responsible customs office). Payment must be made in euros.
Conclusion of a contract at a distance or outside of business premises
Right of withdrawal / right of withdrawal according to the Distance and External Business Act ("FAGG")
- Right of withdrawal / right of withdrawal for consumers
Customers who are “consumers” within the meaning of the Austrian Consumer Protection Act (“KSchG”) have the right to withdraw from a distance contract within fourteen days without giving any reason. A contract concluded in distance selling is a contract that is concluded between us as an entrepreneur within the meaning of the KSchG and you as a consumer, also within the meaning of the KSchG, without the simultaneous physical presence of the entrepreneur and the customer, whereby up to and including the conclusion of the contract exclusively means of distance communication be used.
- Withdrawal period, beginning of the withdrawal period
The withdrawal period is 14 days and begins:
- for service contracts on the day of the conclusion of the contract,
- in sales contracts and other contracts aimed at the purchase of goods against payment
(i) on the day on which the consumer or a third party designated by the consumer who is not acting as a carrier obtains possession of the goods,
(ii) if the consumer has ordered several goods as part of a single order, which are delivered separately, on the day on which the consumer or a third party designated by the consumer who is not acting as a carrier obtains possession of the goods delivered last,
(iii) in the case of delivery of goods in several partial shipments, on the day on which the consumer or a third party designated by the consumer who is not acting as the carrier obtains possession of the last partial shipment,
(iv) in the case of contracts for the regular delivery of goods over a specified period of time, on the day on which the consumer or a third party designated by the consumer who is not acting as a carrier obtains possession of the goods delivered first.
- in the case of a contract that involves the delivery of digital content that is not stored on a physical data carrier, on the day the contract is concluded.
- Form of the declaration of withdrawal (declaration of withdrawal)
The declaration of withdrawal is not bound to any particular form. In order to exercise a right of withdrawal or cancellation, a consumer must send us (Rollerstop GmbH, Himmelpfortgasse 13/6, 1010 Vienna, +43-688-8600596, email@example.com) a declaration (e.g. a letter sent by post, fax or e-mail) about his decision to withdraw from the contract. A consumer can use the attached sample cancellation form ( Annex ./1 ), which is not mandatory. To meet the cancellation deadline, it is sufficient if a consumer sends the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
- Consequences of a consumer's withdrawal from the contract (hereinafter "withdrawal" or "withdrawal")
- If you withdraw from the contract, we will owe 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 ), immediately, at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract.
- Repayments will be made using the same means of payment that you used to process your payment, unless you have expressly agreed otherwise and you will not incur any costs for the different agreement. Under no circumstances will you be charged any fees for this repayment.
- In the case of sales contracts in which we have not offered to collect the purchased goods ourselves in the event of cancellation, we can refuse repayment until we have received the goods back or until you have provided proof that you have sent the goods back, depending on which of the two points in time is earlier.
- If you have already received goods in connection with a purchase contract and if we have not offered to pick up the goods ourselves in the event of withdrawal, you are obliged to return the goods immediately, at the latest within fourteen days of delivery, if you withdraw from the purchase contract return the declaration of withdrawal to us. The goods are to be returned to the following address:
Rollerstop GmbH, c/o Hafen Wien GmbH, Seitenhafenstrasse 15 / Gate 8.2
- The return period is met if the goods are dispatched within the period of fourteen days. The direct costs of returning the goods are to be borne by you. Only in the case of contracts concluded outside our business premises, in which the goods were delivered to your home at the time the contract was concluded, do we have to collect the goods at our own expense if the goods are not usually sent by post due to their nature. If, in the event of a revocation or partial revocation, the value of the goods you may have kept is less than EUR 50, we are entitled to subsequently charge you for the shipping costs for the original shipment to you in accordance with our shipping costs table. If the return of the goods is subject to a charge for you in accordance with these General Terms and Conditions, we recommend that you contact us before returning the goods, as we may be able to provide a cheaper return postage. In this case, we are entitled to deduct the costs of the return shipment from the value of the returned goods.
- In the case of goods that cannot be shipped as a parcel, which do not specifically concern our scooter stands, the costs for the return shipment are estimated at a maximum of around EUR 50.
- After the goods have been handed over as a result of a withdrawal by a consumer, the purchase price will only be paid out within the 14-day period (see 5.4.1 above) after the returned goods have been checked by us for condition and completeness.
- You are only obliged to pay us compensation for a reduction in the market value of the returned goods if this loss in value is due to the handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
- If you insist that we start providing services during the cancellation period, you are obliged to pay us a reasonable amount that corresponds to the proportion that was available up to the point in time at which you informed us of the exercise of the right of cancellation of the contract corresponds to the services provided so far compared to the total scope of the services provided for in the contract.
- If possible, please send the goods back to us completely in the original packaging. Please use the return slip and enclose it with the package. The use of the return slip and the original packaging is not an obligation, therefore not a prerequisite for asserting your right to withdraw or cancel, but serves to simplify the return process.
- We will be happy to provide you with a return label on request. Please use this returns sticker for your returns and have the return delivery slip for your documents confirmed by the parcel service. The use of the returns sticker is not an obligation, and therefore not a prerequisite for asserting your right to withdraw or withdraw, but simplifies and secures the return process for us. We will offset the return costs incurred by us against the value of the goods.
- If you only want to return an item from the delivery, but have ordered additional items that you now want to pay by invoice, deduct the item that you returned from the invoice amount. If you pay by direct debit, the price for the returned item will be remitted back to you by means of a credit note.
- Services if the entrepreneur - on the basis of an express request by the consumer according to § 10 FAGG and a confirmation from the consumer that he is aware of the loss of the right of withdrawal in the event of complete fulfillment of the contract - had started to perform the service before the end of the cancellation period according to § 11 FAGG and the service was then fully rendered,
- Goods made to customer specifications or clearly tailored to a customer's personal needs,
- Goods which, due to their nature, were inseparably mixed with other goods after delivery,
- urgent repair or maintenance work where the consumer has expressly requested the entrepreneur to visit to carry out this work. If, during such a visit, the trader provides additional services that the consumer has not expressly requested, or if he supplies goods that are not essential as spare parts for maintenance or repair, the consumer has the right to withdraw from these additional services or goods.
We offer the following payment options:
- Credit card (Eurocard/MasterCard, Visa, AMEX, JCB) with payment provider Stripe. When paying by credit card, the charge will be made on the same day. When paying by credit card, the customer provides the following data: cardholder, card number, credit card company, expiry date, CVV code. The data is transmitted via SSL encryption with a key of at least 128 bits and is therefore not visible to unauthorized persons. Payment by credit card can be specified at the end of the ordering process - there is no credit check.
- Cash on delivery (possible on request for some products / destinations). Please contact us at firstname.lastname@example.org if you want to use this payment method. The payment amount is due directly upon delivery (handover by parcel service). There is no credit check.
- Transfer. Please contact us at email@example.com if you want to use this payment method. The payment amount is due immediately after ordering. There is no credit check.
- Sofortüberweisung/Klarna. The payment amount is due immediately after ordering. Payment by Sofortüberweisung/Klarna can be specified at the end of the ordering process - there is no credit check.
- PayPal (according to PayPal's terms and conditions). The payment amount is due immediately after ordering. Payment via PayPal can be specified at the end of the ordering process - there is no credit check.
- Invoice (on request - possible for existing customers and commercial customers via separate agreement). Please contact us at firstname.lastname@example.org if you want to use this payment method. The payment amount is due within 7 working days after receipt of the invoice. There is no credit check.
When paying by credit card, the charge will be made on the same day. In the
Credit card payment, the customer provides the following data: cardholder, card number, credit card company, expiry date, CVV code. The data is transmitted via SSL encryption with a key of at least 128 bits and is therefore not visible to unauthorized persons.
Your card details will not be saved and will be processed using SSL encryption. They are encrypted by the Payment Card Industry Data Security Standard (PCI-DSS). All direct payment gateways adhere to the standards set by PCI-DSS, which is managed by the PCI Security Standards Council, which is a collaborative effort of brands like Visa, MasterCard, American Express, and Discover. The PCI-DSS requirements help ensure the secure handling of credit card information by our shop and its service providers.
All transfers processed through Rollerstop are processed through dedicated third-party gateways to ensure your protection. Credit card information is encrypted using Secure Sockets Layer (SSL) technology and is not stored. We follow all PCI-DSS requirements and implement other generally accepted industry standards. All direct payment gateways adhere to the standards set by the PCI-DSS, managed by the PCI Security Standards Council, a joint effort by brands such as Visa, MasterCard, American Express. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
With the " bank transfer " payment method, the customer is obliged to make the payment within one week of receipt of the order confirmation. The delivery takes place only after receipt of payment.
- late payment
In the event of a delay in payment, the statutory default interest will be charged. The statutory default interest rate for money claims between entrepreneurs from entrepreneurial transactions is 9.2% above the base interest rate pa. The base interest rate that applies on the first calendar day of a half-year is decisive for the respective half-year. The statutory default interest rate for monetary claims between consumers and entrepreneurs is 4% pa
- Dunning and collection fees
In the event of default, customers are obliged, even in the case of default in payment through no fault of their own, to reimburse dunning and collection fees insofar as they are necessary for appropriate legal prosecution and reasonable in relation to the claim, whereby customers are also obliged, in the event of the involvement of a collection agency, who to reimburse the costs incurred as a result, insofar as these do not exceed the maximum rates due to the collection agencies. If we operate the dunning process ourselves, customers are obliged to pay us an amount of EUR 12.00 per reminder, as well as an amount of EUR 5.00 per half year for keeping records of the obligation in the dunning process.
- delay of acceptance
In the event of default in acceptance by customers who have ordered as entrepreneurs, we are entitled to store the goods at our premises, for which we charge a storage fee of EUR 0.5 per calendar day and cubic meter or part thereof. At the same time, we insist on the fulfillment of the contract.
- retention of title
We reserve ownership of the delivered service or goods, or of the media processed or created by us, until all payments from the business relationship with the customer have been received. If the customer resells goods subject to retention of title, he must also pass on the retention of title. The customer must report access by third parties to our reserved goods immediately. Pledges, security transfers and the like of the goods subject to retention of title are only permitted with our prior consent. If payment is not made immediately after a reminder in the event of a default in payment, the goods subject to retention of title must be returned immediately. The return costs are at the expense of the customer
- data protection
The protection of your personal data is particularly important to us. We therefore process your data exclusively on the basis of the legal provisions (in particular on the basis of the General Data Protection Regulation and the Data Protection Act).
We, Rollerstop GmbH, are responsible for data processing in terms of data protection law. If you have any questions about the collection, processing or use of your personal data, please contact: Rollerstop GmbH, Himmelpfortgasse 13/6, 1010 Vienna
- Warranty, Liability, Guarantee
- The warranty is limited to the statutory period of 24 months from the acceptance of the goods by the customer or, in the case of services, from the date of completion. In the event of defects, either a free replacement or improvement will be made, for which a reasonable period of time must be granted. If an exchange or an improvement is out of the question (impossible, disproportionately high effort, unreasonable), then a customer entitled to warranty is entitled to a price reduction or, if the defect is not minor, to cancellation of the contract (rescission).
- Any defects that occur should be reported upon delivery or after they become visible. If the purchase is an entrepreneurial transaction for the customer (in the sense of the Commercial Code), he must examine the goods no later than 2 weeks after receipt and notify us immediately if a defect is found.
- Our company is only liable for damage caused by intent and gross negligence. This does not apply to personal injury. The existence of slight or gross negligence has to be proven by the injured party, unless it is a consumer transaction within the meaning of the KSchG. Our company, as the operator of the web shop mentioned in the imprint, provides the services with the greatest care, but is not liable for the services provided by or obtained from third parties.
- Any guarantee must be asserted against the guarantor (the manufacturer/sometimes also the seller, if the latter is the manufacturer) and is carried out in accordance with their regulations. Claiming the guarantee does not restrict the statutory guarantee.
- When shipping the goods in consumer transactions within the meaning of the KSchG, the risk of loss or damage to the goods only passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. However, if the consumer has concluded the contract of carriage himself without using one of the options suggested by us, the risk passes to the carrier as soon as the goods are handed over.
- Governing Law, Jurisdiction
- The contracts of Rollerstop GmbH according to these General Terms and Conditions are subject to Austrian law to the exclusion of Austrian or international conflict of law rules. The applicability of the United Nations Convention on Contracts for the International Sale of Goods UN sales law is excluded.
- Contracts with consumers who have their place of residence or habitual abode outside of Austria are subject to Austrian law to the exclusion of Austrian or international conflict of law rules and with the exception of those provisions that would have to be applied in the home country of the consumer in the absence of this choice of law and which are more favorable than Austrian law.
- The exclusive place of jurisdiction for all legal disputes arising from or in connection with contracts that Rollerstop GmbH has concluded with entrepreneurs is the court responsible for commercial matters in Vienna.
- Place of fulfillment:
The place of performance for all services under the contract is our company headquarters.
The graphics, the design of our website (our websites) as well as information that can be called up via our website and our websites are intended exclusively for the personal information of our customers. We make no representation that the information made available through our website (and websites) is appropriate for all visitors to the website (websites). This information is subject to change at any time without notice. Despite the use of professional and appropriate care, we provide information on our website (our website) without guarantee that it will be available at any time or that it is suitable for a specific purpose.
All information, the graphics and the design of our website (our websites) are protected by copyright. Reproduction, copying and printing of the entire website (web pages) are only permitted for the purpose of placing an order with our company. Any further processing, duplication, distribution and/or public reproduction exceeds the permitted use and constitutes a breach of copyright.
- arbitration board
In the event of a dispute, we undertake to participate in the arbitration proceedings of the ECG and the Internet ombudsman:
Internet Ombudsman - Free arbitration and help with problems on the Internet
The procedure is initiated when the consumer's complaint is received by the competent arbitration board. The complaint must be submitted by submitting an input form on the website https://www.ombudsstelle.at/. More information on the types of procedure at www.ombudsstelle.at . The online dispute resolution platform can also be used to resolve disputes with our company:
Our email address: email@example.com
Depending on the product ordered, delivery address and service, the delivery is made by a forwarding agent or with the DPD parcel service.
By default, our packages are sent with the shipping service provider DPD. In exceptional cases (quick delivery time) we commission DHL Express. For large shipments, Rollerstop GmbH works together with Gebrüder Weiss Spedition.
The shipping costs depend on the weight and delivery location. You can view the shipping options and shipping costs of your product selection at any time in the shopping cart by clicking "estimated shipping costs".
Tabular overview of shipping costs per kilo and delivery location.
Zone 1: €1.50 per kilo
Zone 2: €1.65 per kilo
Zone 3: €2.10 per kilo
CZ Czech Republic
Zone 4: €2.40 per kilo
- storage of the contract
- The invalidity, nullity or cancellation of individual provisions does not affect the validity of the remaining provisions of these General Terms and Conditions. However, this does not apply to consumers.
- A customer is entitled to set off his liabilities to Rollerstop GmbH if Rollerstop GmbH becomes insolvent or if the customer has claims against Rollerstop GmbH that are legally related to the customer's liability and have been determined by a court or which have been recognized by Rollerstop GmbH. In addition, offsetting is excluded.
- Declarations, notifications, etc. addressed to Rollerstop GmbH – with the exception of notifications of defects – must be sent to us in writing. A legally significant declaration from Rollerstop GmbH addressed to consumers within the meaning of the KSchG is deemed to have been received by the consumer if it was sent to the last known address of the consumer and a consumer has not informed Rollerstop GmbH of a change in his address.
Sample cancellation form
If you revoke the contract or want to withdraw from the contract, please fill out this form and send it back.
To Rollerstop GmbH, c/o Hafen Wien GmbH, Seitenhafenstraße 15 / Gate 8.2
1023 Vienna, firstname.lastname@example.org:
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 in the case of notification on paper)
(*) Delete where not applicable