General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts you conclude with us as the provider (Rawli GmbH) via the website www.rawli.at. Unless otherwise agreed, the inclusion of your own conditions is hereby rejected, if applicable.

(2) A consumer, in the sense of these terms and conditions, is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By posting the respective product on our website, we provide you with a binding offer to conclude a contract for the purchase of the goods under the conditions stated in the product description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
After clicking the "Checkout" or "Continue to order" button (or similar label) and entering your personal data and payment and shipping terms, the order details are then displayed as an order summary.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be directed to the order summary page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Finally, the order details will be displayed on the website of the instant payment system provider or after you are redirected back to our online shop.

Before submitting the order, you have the opportunity to check and change your entries in the order summary (also via the "back" function of the internet browser) or cancel the order.

By submitting the order via the corresponding button ("place order", "buy" / "buy now", "order now", "pay" / "pay now", or similar), you declare your acceptance of the offer, and the contract is concluded.

(4) The order processing and transmission of all necessary information related to the contract are carried out via email, in some cases automatically. You must ensure that the email address you have provided is correct, and that the receipt of emails is technically ensured and not blocked by SPAM filters.

§ 3 Special Arrangements Regarding Payment Methods

(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment processing is carried out via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449, Luxembourg; "PayPal"). The individual payment methods available via "PayPal" will be displayed to you under a corresponding button on our website as well as in the online ordering process. "PayPal" may use other payment services for payment processing, for which special payment conditions apply; you will be informed separately about them. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 4 Right of Retention, Retention of Title

(1) You can only exercise a right of retention if it is a claim arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following applies additionally:

a) We retain ownership of the goods until all claims from the ongoing business relationship have been settled in full. Before the transfer of ownership, pledging or assigning the goods as security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice total arising from the resale, and we accept the assignment. You remain authorized to collect the claims. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claims ourselves.

c) If the goods subject to retention of title are processed with other goods, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We commit to releasing the securities to which we are entitled upon your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are entitled to choose the securities to be released.

§ 5 Warranty

(1) The statutory liability for defects applies.

(2) As a consumer, you are requested to check the goods for completeness, obvious defects, and transport damage upon delivery and to notify us and the carrier as soon as possible of any complaints. Failure to do so will not affect your statutory warranty rights.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of this by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contractual parties.

(4) If you are an entrepreneur, the following applies in deviation from the preceding warranty provisions:

a) Only our own specifications and the product description of the manufacturer are deemed agreed as the condition of the goods, but not other advertising, public promotions, or statements by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide a remedy by means of repair or replacement. If the remedy fails, you may demand a reduction in price or withdraw from the contract. The remedy is deemed to have failed after the second unsuccessful attempt unless otherwise indicated, particularly due to the nature of the goods, the defect, or the circumstances. In the case of repair, we are not obliged to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided the move does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The reduction in the warranty period does not apply:

- For damages caused by us culpably resulting in injury to life, body, or health, and for other damages caused intentionally or by gross negligence;
- If we have fraudulently concealed a defect or assumed a warranty for the condition of the item;
- For items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- For statutory recourse claims that you have against us in connection with defect rights.

§ 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not withdrawn (favorability principle).

(2) The place of performance for all services arising from the business relationships with us and the jurisdiction is our place of business if you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time of filing the suit. The right to also call upon the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) explicitly do not apply.

II. Customer Information

1. Seller’s Identity

Rawli GmbH
Bürgergasse 15
8200 Gleisdorf
Austria
Phone: +43 670 50 92 577
E-Mail: skate@rawli.at

Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR), accessible at https://ec.europa.eu/odr.

We are not willing or obligated to participate in dispute resolution procedures before consumer arbitration boards.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the contract conclusion itself, and the correction options are carried out in accordance with the provisions of "Conclusion of the Contract" in our General Terms and Conditions (Part I).

3. Contract Language, Contract Text Storage

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the browser's print function. After receipt of the order, the order data, the legally required information in distance contracts, and the General Terms and Conditions will be sent to you again by email.

4. Codes of Conduct

4.1. We have subjected ourselves to the Buyer Seal quality criteria of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential Features of the Goods or Services

The essential features of the goods and/or services can be found in the respective offer.

6. Prices and Payment Methods

6.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes.

6.2. The incurred shipping costs are not included in the purchase price. They can be viewed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you unless free shipping has been promised.

6.3. If delivery is made to countries outside the European Union, additional costs may arise that we are not responsible for, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.

6.4. Costs incurred for the transfer of funds (Überweisungs- or exchange rate fees of the credit institutions) are to be borne by you in cases where delivery is made to an EU Member State, but the payment was initiated outside the European Union.

6.5. The available payment methods are displayed under a correspondingly labeled button on our website or in the respective offer.

6.6. Unless otherwise specified for the individual payment methods, payment claims from the concluded contract are due immediately.

7. Delivery Conditions

7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7.2. As a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold goods passes to you only upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

8. Statutory Liability for Defects

The liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information were created by the legal experts specializing in IT law at the Händlerbund and are continuously checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 29.11.2023