Conditions
General Terms and Conditions of Rollerstop GmbH, 1010 Vienna, Himmelpfortgasse 13/6, FN 188554 k (Vienna Commercial Court), info@rollerstop.com
Valid from: 1.3.2021
- imprint
Our company, mentioned in the imprint, operates the virtual shop "Rollerstop".
Company name:
Rollerstop GmbH
Himmelpfortgasse 13/6
1010 Vienna
Austria
Email: info@rollerstop.com
Customer service: +43-688-8600596 (Mon-Fri 9:00-13:00). If you can't reach us, we'll always call you back promptly.
For information, data requests, and complaints, please contact: info@rollerstop.com. You will receive a response to your inquiry within 24 hours!
Please note that parcel services cannot deliver parcels to the address listed above. For returns, please use only the return address provided on the cancellation form.
Rollerstop is committed to complying with the voluntary code of conduct of the Austrian E-Commerce Quality Mark: www.guetezeichen.at
Information obligation according to ECGChamber affiliation: Member of the Austrian Federal Economic Chamber, Foreign Trade Section
Headquarters: Vienna, legal form: GmbH.
Supervisory authority according to ECG: Municipal District Office of the 1st District
VAT number: ATU48271409
Commercial register number: FN 188554 k
Trade regulations: Trade Regulations (www.ris.bka.gv.at )
Media owner, editor and publisher:
Rollerstop GmbH
Himmelpfortgasse 13/6
1010 Vienna
Austria
Address: see above address
Business purpose: Production and trade of street furniture
Managing Director: Mag. Markus Hoefinger
- General
These General Terms and Conditions apply to contracts for the sale and delivery of goods and the provision of services (hereinafter also referred to as "contracts" or "sales contracts") by our company ("Rollerstop GmbH", hereinafter also referred to as "company", "we", "us"). By purchasing, the buyer (hereinafter referred to as "customer", "you", "your") agrees to these General Terms and Conditions and is bound by them. "Goods" and "services" are also referred to as "products" hereinafter.
Our offers are subject to change and constitute an invitation to make an offer. An order placed by a customer of full legal capacity (in Austria, persons aged 18 or over) constitutes an offer to the company to conclude a purchase contract. Our subsequent confirmation of receipt of the order within the meaning of Section 10, Paragraph 2 of the E-Commerce Act (“ECG”) does not constitute acceptance of the customer’s offer. The purchase contract is only concluded when we deliver the ordered goods, or when we send a second email as order confirmation, or through other acceptance of the customer’s offer, which is agreed upon with the customer in each individual case. All offers on our website are subject to change, non-binding, and only valid while stocks last.
- Order process, order correction, order cancellation
Once you have selected the product you want, you can add it to your shopping cart without obligation by clicking on the " Add to cart" button. You can view the contents of your shopping cart at any time without obligation by clicking on the " Go to cart " button. You can remove the selected products from your shopping cart at any time by clicking on the " Delete" button. If you want to buy the products in your shopping cart, click on the " Checkout" button. Please then enter your details. For your first order, you must register as a " New User ". For subsequent orders with Rollerstop GmbH, it is sufficient to enter the login and password you specified during initial registration. Your data is transmitted in encrypted form. After entering your details and selecting the type of payment and delivery, you can click on the " Confirm order" button to go to the order page where you can check your entries again. Clicking on the " Buy now" button completes the ordering process. You can correct your entries by using the browser's back arrow . The ordering process can be canceled at any time by closing the browser. A description of how to purchase in our shop can be found under the menu item Order Description.
- Contract language
The contract content, all other information, customer service, data information and complaint handling are offered in German.
- Prices
The prices listed include VAT at the time of ordering. Any shipping costs are not included. Shipping costs are shown in the shopping cart before completing the order process and in the order confirmation sent to the customer after the order process. Any export or import duties incurred during shipping are also the responsibility of the customer (information on this can be obtained from your local customs office). Billing is in euros.
Conclusion of contract at a distance or outside business premises
Right of withdrawal / cancellation according to the Distance and Doorstep Selling Act (“FAGG”)
- Right of withdrawal / cancellation 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 distance contract is a contract concluded between us as a business 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 business and the customer, whereby exclusively means of distance communication are used up to and including the conclusion of the contract.
- Withdrawal period, start of the withdrawal period
The withdrawal period is 14 days and begins:
- for service contracts, on the day the contract is concluded,
- in the case of sales contracts and other contracts aimed at the purchase of goods for consideration
(i) the day on which the consumer or a third party other than the carrier designated by the consumer acquires physical possession of the goods,
(ii) where the consumer has ordered several goods within the framework of a single order which are delivered separately, on the day on which the consumer or a third party other than the carrier designated by the consumer acquires possession of the last delivered good,
(iii) where goods are delivered in several installments, on the day on which the consumer or a third party other than the carrier designated by the consumer acquires possession of the last installment,
(iv) in the case of contracts for the regular delivery of goods over a specified period of time, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first good.
- in the case of a contract for the delivery of digital content not stored on a physical data carrier, on the day the contract is concluded.
- Form of withdrawal (declaration of revocation)
The declaration of withdrawal is not bound to any specific form. To exercise a right of withdrawal or cancellation, a consumer must notify us (Rollerstop GmbH, Himmelpfortgasse 13/6, 1010 Vienna, +43-688-8600596, info@rollerstop.com) of their decision to withdraw from the contract by means of a declaration (e.g., a letter sent by post, fax, or email). A consumer may use the attached model cancellation form ( Appendix ./1 ) for this purpose, but this is not mandatory. To comply with the cancellation period, it is sufficient for a consumer to send the notification of the exercise of the right of withdrawal before the expiry of the cancellation period.
- Consequences of a consumer's withdrawal from the contract (hereinafter "withdrawal" or "cancellation")
- If you withdraw from the contract, we will reimburse you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract.
- Refunds will be made using the same payment method you used to make your payment, unless expressly agreed otherwise with you, and you will not incur any costs for this alternative arrangement. Under no circumstances will you be charged any fees for this refund.
- In the case of sales contracts where we have not offered to collect the purchased goods ourselves in the event of cancellation, we may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
- If you have already received goods in connection with a purchase contract and we have not offered to collect the goods yourself in the event of withdrawal, you are obligated to return the goods to us immediately, and at the latest within fourteen days of submitting your declaration of withdrawal. The goods must be returned to the following address:
Rollerstop GmbH, c/o Hafen Wien GmbH, Seitenhafenstraße 15 / Gate 8.2
1023 Vienna
- The return period is met if the goods are dispatched within the fourteen-day period. You are responsible for the direct costs of returning the goods. Only in the case of contracts concluded outside our business premises, where the goods were delivered to your home at the time the contract was concluded, will we be required to collect the goods at our own expense if the goods are not normally sent by post due to their nature. If, in the event of a cancellation or partial cancellation, the value of any goods retained by you 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 according to these General Terms and Conditions, we recommend that you contact us before returning the goods, as we may be able to provide a more cost-effective return shipment. In this case, we are entitled to deduct the return shipping costs from the value of the returned goods.
- For goods that cannot be sent by parcel, which specifically do not concern our scooter stands, the cost of return shipping is estimated at a maximum of approximately 50 EUR.
- After the goods have been handed over following a withdrawal by a consumer, the purchase price will only be paid within the 14-day period (see 5.4.1 above) after we have checked the returned goods 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 handling of the goods which is not necessary to check their quality, properties and functioning.
- If you insist that we begin providing services during the withdrawal period, you are obliged to pay us an appropriate amount corresponding to the proportion of the services provided up to the point in time at which you notify us of the exercise of the right of withdrawal from the contract that the total scope of the services provided for in the contract has been reached.
- Please return the goods to us, if possible, in their original packaging. Please use the return slip and enclose it with your package. Using the return slip and the original packaging is not mandatory, and therefore not a prerequisite for exercising your right of withdrawal or cancellation, but it does serve to simplify the return process.
- We will be happy to provide you with a return label upon request. Please use this return label for your returns and have the return delivery note confirmed by the parcel service for your records. Using the return label is not mandatory, and therefore not a prerequisite for exercising your right of withdrawal or cancellation. However, it simplifies and secures the return process for us. We will offset the return shipping costs against the value of the goods.
- If you only want to return one item from the delivery, but have ordered additional items for which you now want to pay by invoice, deduct the returned item from the invoice amount. If you pay by direct debit, the price of the returned item will be refunded to you via a credit note.
- Services, if the entrepreneur – on the basis of an express request from the consumer pursuant to Section 10 FAGG and a confirmation from the consumer that he is aware of the loss of the right of withdrawal upon full performance of the contract – had begun to perform the service before the expiry of the withdrawal period pursuant to Section 11 FAGG and the service was then fully provided,
- Goods that are made to customer specifications or are clearly tailored to the personal needs of a customer,
- Goods which, after delivery, have been inseparably mixed with other goods due to their nature,
- Urgent repair or maintenance work for which the consumer has expressly requested the trader to visit the trader to carry out such work. If, during such a visit, the trader provides additional services that the consumer has not expressly requested, or supplies goods that are not essential as spare parts for the maintenance or repair, the consumer shall have the right of withdrawal with regard to these additional services or goods.
- payment
We offer the following payment options:
- Credit card (Eurocard/MasterCard, Visa, AMEX, JCB) with payment provider Stripe. Payments by credit card are charged the same day. When paying by credit card, the customer provides the following information: cardholder, card number, credit card company, expiration date, and CVV code. The data is transmitted using SSL encryption with at least 128-bit encryption, making it unreadable to unauthorized persons. Payment by credit card can be made at the end of the ordering process; there is no credit check.
- Cash on delivery (available upon request for some products/destinations). Please contact us at info@rollerstop.com if you wish to use this payment method. The payment amount is due immediately upon delivery (handover by the parcel service). There is no credit check.
- Bank transfer. Please contact us at info@rollerstop.com if you wish to use this payment method. Payment is due immediately after placing your order. There is no credit check.
- Sofortüberweisung/Klarna. The payment amount is due immediately after ordering. Payment via 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). Payment is due immediately after ordering. Payment via PayPal can be specified at the end of the ordering process; there is no credit check.
- Invoice (available upon request - available for existing and commercial customers by separate agreement). Please contact us at info@rollerstop.com if you wish to use this payment method. The payment amount is due within 7 business days of receipt of the invoice. There is no credit check.
When paying by credit card, the amount will be charged on the same day.
For credit card payments, the customer provides the following information: cardholder, card number, credit card company, expiration date, and CVV code. This information is transmitted using SSL encryption with at least a 128-bit key, making it inaccessible to unauthorized persons.
Your card information is not stored and is processed using SSL encryption. It is encrypted using the Payment Card Industry Data Security Standard (PCI-DSS). All direct payment gateways adhere to the standards established by PCI-DSS, which is managed by the PCI Security Standards Council, a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store 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 Socket Layer (SSL) technology and is not stored. We comply with all PCI-DSS requirements and implement other generally accepted industry standards. All direct payment gateways adhere to the standards established by PCI-DSS, which is managed by the PCI Security Standards Council, a joint effort of brands like Visa, MasterCard, and American Express. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
When choosing the " bank transfer " payment method, the customer is obligated to make the payment within one week of receiving the order confirmation. Delivery will only take place after receipt of payment.
- Late payment
In the event of late payment, statutory default interest will be charged. The statutory default interest rate for monetary claims between businesses arising from business transactions is 9.2% above the base interest rate per annum. The base interest rate applicable on the first calendar day of each half-year is decisive for that half-year. The statutory default interest rate for monetary claims between consumers and businesses is 4% per annum.
- Reminder and collection fees
In the event of default, customers are obligated to reimburse us for reminder and collection fees, even if the default is not our fault, provided they are necessary for appropriate legal action and reasonable in relation to the claim. Furthermore, if a debt collection agency is engaged, customers are obligated to reimburse us for the resulting costs, provided these do not exceed the maximum fees due to the debt collection agency. If we handle the dunning process ourselves, customers are obligated to pay us an amount of EUR 12.00 per reminder, as well as an amount of EUR 5.00 per half-year for maintaining a record of the debt relationship in the dunning process.
- Delay in acceptance
In the event of default of acceptance by customers who have placed orders as entrepreneurs, we are entitled to store the goods at our premises, for which we will charge a storage fee of EUR 0.50 per calendar day or part thereof and per cubic meter. At the same time, we insist on the fulfillment of the contract.
- Retention of title
We retain title to the delivered service or goods, or to 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, they must also pass on the retention of title. The customer must immediately notify us of any access to our goods subject to retention of title by third parties. Pledging, transferring ownership by way of security, and similar measures to 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 default, our goods subject to retention of title must be returned immediately. The return costs shall be borne by the customer.
- Data protection
The protection of your personal data is of utmost importance to us. We therefore process your data exclusively in accordance with legal provisions (in particular the General Data Protection Regulation and the Data Protection Act).
We refer you to our privacy policy. You can find it online at: https://www.rollerstop.com/pages/datenschutz . This privacy policy provides information about the nature, scope, and purpose of the collection and processing of your data.
We, Rollerstop GmbH, are the controller under data protection law for data processing. If you have any questions regarding the collection, processing, or use of your personal data, please write to: Rollerstop GmbH, Himmelpfortgasse 13/6, 1010 Vienna
- Warranty, liability, guarantee
- The warranty is limited to the statutory period of 24 months from the date of receipt 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 replacement or improvement is not possible (impossible, disproportionately high expenditure, unreasonable), a customer entitled to a warranty claim 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 as soon as they become apparent. If the purchase is a business transaction for the customer (as defined by the Austrian Commercial Code), the customer must inspect the goods no later than two weeks after receipt and notify us immediately of any defects discovered.
- Our company is only liable for damages caused by intent or gross negligence. This does not apply to personal injuries. Unless the transaction is a consumer transaction within the meaning of the Consumer Protection Act (KSchG), the injured party must prove the existence of slight or gross negligence. Our company, as the operator of the online shop listed in the imprint, provides its services with the utmost care, but is not liable for services provided or purchased from third parties.
- Any warranty must be asserted against the guarantor (the manufacturer/sometimes also the seller, if the manufacturer is the manufacturer) and is subject to its terms and conditions. Claiming the warranty does not limit the statutory warranty.
- When shipping goods in consumer transactions within the meaning of the Consumer Protection Act, the risk of loss or damage to the goods only passes to the consumer when the goods are delivered to the consumer or to a third party designated by the consumer, other than the carrier. However, if the consumer has concluded the transport contract themselves without using a selection option suggested by us, the risk passes upon handover of the goods to the carrier.
- Applicable law, place of jurisdiction
- The contracts of Rollerstop GmbH under these General Terms and Conditions are governed by Austrian law, excluding Austrian or international conflict of law rules. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
- Contracts with consumers who have their place of residence or habitual abode outside Austria are subject to Austrian law, excluding Austrian or international conflict of law rules and with the exception of those provisions which would be mandatorily applicable in the consumer's home country 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 concluded by Rollerstop GmbH with entrepreneurs is the court responsible for commercial matters in Vienna.
- Place of performance:
The place of performance for all services under the contract is our registered office.
- copyright
The graphics, design of our website (our web pages), and information accessible through our website and web pages are provided solely for the personal information of our customers. We make no representations or warranties that the information provided through our website (and web pages) is suitable for all visitors to the website (web pages). This information is subject to change at any time and without notice. Despite exercising due professional and appropriate care, we provide information through our website (our web page) without any guarantee of availability at all times or suitability for a particular purpose.
All information, graphics, and the design of our website(s) are protected by copyright. Reproduction, copying, and printing of the entire website(s) are permitted only 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 violation of copyright.
- Arbitration Board
We undertake to participate in the arbitration proceedings of the ECG and the Internet Ombudsman in the event of disputes:
Internet Ombudsman - Free arbitration and help with internet problems
The procedure is initiated upon receipt of the consumer's complaint by the competent arbitration board. Complaints must be submitted by submitting a form on the website https://www.ombudsstelle.at/. Further information on the types of procedures can be found at www.ombudsstelle.at . The online dispute resolution platform can also be used to resolve disputes with our company:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Our email address: info@rollerstop.com
- Delivery
Delivery depends on the ordered product, the delivery address, and the required service (e.g., EMS or cash on delivery). Our shipping partners for parcels are Austrian Post, DPD, and DHL Express. For freight forwarding, we cooperate with Gebrüder Weiss and Transdanubia.
- Shipping costs
By default, our packages are shipped with the shipping service DPD. In exceptional cases (fast delivery times), we use DHL Express. For large shipments, Rollerstop GmbH works with Gebrüder Weiss Spedition and Transdanubia.
Shipping costs depend on the weight and delivery location. You can view the shipping options and shipping costs for your selected product at any time in our shipping table below. The price per kilo depends solely on the selected product and delivery location and is in addition to the standard shipping fee of at least €25 .
Tabular overview of shipping costs per kilo and delivery location.
Zone 1: from € 1.50 per kilo
AT-Austria
Zone 2: from € 1.65 per kilo
BE-Belgium
LU-Luxembourg
NL-Netherlands
SI-Slovenia
CH-Switzerland
LI-Liechtenstein
Zone 3: from € 2.10 per kilo
SK-Slovakia
FR-France
CZ-Czech Republic
HU-Hungary
DK-Denmark
Zone 4: from €2.40 per kilo
GB-Great Britain
IT Italy
HR-Croatia
PL-Poland
SE-Sweden
FI-Finland
RO-Romania
NE Norway
BA-Bosnia
IE-Ireland
BG-Bulgaria
RS-Serbia
ES-Spain
PT-Portugal
IS Iceland
- Storage of the contract
- Miscellaneous
- The invalidity, nullity, or annulment of individual provisions shall not affect the validity of the remaining provisions of these General Terms and Conditions. However, this shall not apply to consumers.
- A customer is entitled to offset its liabilities against Rollerstop GmbH if Rollerstop GmbH becomes insolvent or if the customer's claims against Rollerstop GmbH are legally related to the customer's liability, have been legally established, or have been acknowledged by Rollerstop GmbH. Offsetting is excluded beyond these limits.
- 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 a consumer within the meaning of the Consumer Protection Act (KSchG) is deemed to have been received by the consumer if it was sent to the consumer's last known address and the consumer has not notified Rollerstop GmbH of a change of address.
information
Appendix ./1
Sample cancellation form
If you wish to cancel or withdraw from the contract, please fill out this form and return it.
To Rollerstop GmbH, c/o Hafen Wien GmbH, Seitenhafenstraße 15 / Gate 8.2
1023 Vienna, info@rollerstop.com:
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 the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only if notification is made on paper)
- Date
(*) Delete as appropriate