General terms and conditions of business

for consumers/end users (B2C) Sales country Austria (valid from 01.02.2015, according to VRRL)

1. Scope of our Terms and Conditions - General

These General Terms and Conditions (GTC) apply to the sale and delivery of goods by R-Trade GmbH, the company listed in the imprint. Deviating agreements are only valid if we have agreed to them in writing. By clicking the checkbox in the shopping cart before placing the order, "I have read your shop's terms and conditions and agree to their validity," the buyer agrees to these terms and conditions and is bound by them. Our range of offers is non-binding.
The offer from Upgrademycar (R-Trade GmbH) is primarily aimed at customers (consumers, consumers, and businesses) in Austria. Consumers are defined as consumers within the meaning of the Consumer Protection Act (KSchG) and thus natural or legal persons who are not entrepreneurs. An entrepreneur is someone for whom business is part of the operation of their business. A business is any permanent organization of independent economic activity, even if it is not profit-oriented. Legal entities under public law are always considered entrepreneurs.
An order from a customer with full legal capacity (persons aged 18 or over) represents an offer to conclude a purchase contract. The subsequent confirmation email we send (as defined in Section 10, Paragraph 2 of the ECG) does not constitute acceptance of the offer. The purchase contract is only concluded when we deliver the ordered goods, by sending a second email as order confirmation, or by otherwise accepting the customer's offer. All offers on our website are subject to change, non-binding, and only available while stocks last. Technical changes to products by the respective supplier generally represent product improvements and are therefore reserved.

2. Your contractual partner

When ordering from Upgrademycar concludes the contract with:

R-Trade GmbH
Twin Tower
Wienerbergstrasse 11/ 12A
A-1100 Vienna
Austria
info@upgrademycar.at
FN 434230z

3. Order process, conclusion of contract

The items on our portal merely represent a non-binding offer to you to conclude a contract with us. When you place an order, we will send you an email confirming receipt of your order and listing its details (order confirmation). This order confirmation does not constitute acceptance of your offer, but merely informs you that we have received your order. A purchase contract is only concluded when we confirm the order by sending you a textual order confirmation within 5 days of sending the order confirmation.

Ordering process

a) Shopping cart
Select the products you wish to order by clicking the "Add to Cart" button. This will place your selection in your shopping cart. You can change this selection at any time up until you submit your order by changing the quantity, deleting the selection by clicking the "Remove" checkbox, or canceling the order process. Clicking the "Checkout" button will take you to the next step in the order process.

b) Cash
Please log in with your email address and password if you already have a customer account. Otherwise, please register as a new customer. Your data will be collected, processed, and used in compliance with data protection regulations (privacy notice). It will not be used for any other purpose or passed on to third parties.If you're already logged in, you can now select your shipping method. Clicking the "Continue" button will take you to the next ordering step.

c) Check billing address / select payment method
Now check your billing address and enter your preferred payment method. Click the "Continue" button to proceed to the next ordering step.

d) Check shipping address / select shipping method
Now check your shipping address and specify your preferred shipping method. Click the "Continue" button to proceed to the next ordering step.

e) Complete the order process / Terms and Conditions and Cancellation Policy
You will receive an overview of your order: the selected products, the shipping and billing address, and your contact details. Please check that all information is correct and read the General Terms and Conditions carefully. You can only proceed with the order if you agree to the General Terms and Conditions and confirm that you have read the cancellation policy. By clicking the "BUY NOW" button, you send your order to us. You hereby submit a legally binding offer.

Saving your order

We save your order and the order data you enter. We will send you an order confirmation with all order details by email. You also have the option of printing out both the order and the General Terms and Conditions before submitting your order to us. If you have set up a customer account with us, you can also access your orders at any time through this account.

4. Right of withdrawal for consumers

The following right of withdrawal applies only to consumers:

4.1 If the customer is an entrepreneur according to Section 1 of the Austrian Commercial Code (UGB), revocation is completely excluded.

4.2 Sample cancellation form

(If you wish to cancel the contract, please fill out this form and return it.)

4.3 Instructions for a smooth return

Please return the item(s) to us, complete and in their original packaging, if possible. Please use the return slip (please state the reason for return) and enclose it with the package. Using the return slip and the original packaging is not a requirement for asserting your rights, but it simplifies and secures our processing. Misuse of the return option will incur costs. For items that show signs of wear or damage, R-Trade GmbH will charge a reasonable fee for the loss of value. The same applies if accessories are missing upon return and/or packaging is so damaged that the item is unsaleable. Acceptance of the delivery of goods by the consumer is not, in itself, considered a loss of value.
To avoid transport damage or loss, please return the goods properly packaged and correctly addressed. The return address and your sender information are already printed on our return slip. If you do not use our return slip, please write your sender information on the package and send the goods to our warehouse address:

GG2 Vehicle Technology
Attn: R-Trade GmbH
Bahnhofstrasse 103
8401 Kalsdorf near Graz
Austria

The customer must bear the costs of returning the goods as agreed.

4.4 The consumer has no right of withdrawal from contracts for

a) 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,
b) goods or services whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period,
c) goods that are made to customer specifications or are clearly tailored to personal needs,
d) Goods delivered in a sealed package, provided that the seal has been removed after delivery.

5. Contract language - delivery countries

The contract content, all other information, customer service, data information, and complaint handling are offered only in German. R-Trade GmbH's offerings are primarily aimed at customers (consumers, consumers, and businesses) in Austria. If the customer accepts German as the contractual language, other EU countries can also be delivered to upon request. Deliveries or shipping costs for destinations not listed and outside the EU are only available upon request.

6. Prices

Prices are valid at the time of order and include the statutory 20% VAT plus all shipping costs. All fees and charges are listed in the shopping cart before the contract is concluded and subsequently in the order confirmation sent to the customer. 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). For sales to businesses within the EU, no Austrian sales tax is charged upon presentation of proof of VAT; these businesses must pay the VAT in their home country. Billing is done in euros.

7. Payment methods

We accept the following payment methods:

• PayPal
• Mastercard
• Visa
• maestro
• Instant bank transfer
• Purchase on account
• Direct debit procedure

Goods will only be dispatched after receipt of payment. A detailed description of the payment methods can be found under the menu item: Shipping and Payment Conditions.

8. Default in payment

The statutory interest rate for monetary claims between entrepreneurs arising from business transactions is 8 (eight) percentage points above the base interest rate. The statutory default interest rate between consumers and entrepreneurs is 4 (four) percentage points above the base interest rate. http://www.oenb.at

9. Reminder and collection fees

In the event of default, even if the default is not our fault, the contractual partner undertakes to reimburse us for the dunning and collection fees to the extent that they are necessary for appropriate legal action and reasonable in relation to the claim. In particular, the contractual partner undertakes to reimburse us for the resulting costs if we engage a debt collection agency, provided these do not exceed the maximum fees due to the debt collection agency. If we conduct the dunning process ourselves, the debtor undertakes to pay an amount of EUR 12 per reminder and an amount of EUR 5 per half-year for maintaining records of the debt relationship in the dunning process.

10.Delay in acceptance

Delivery will be made to the address provided by the customer. In the event of incorrect, incomplete, or unclear information provided by the customer, the customer will bear all resulting costs. In the event of default in acceptance by customers who have placed orders as businesses, we reserve the right to store the goods at our premises, for which we will charge a storage fee of €0.1 per calendar day or part thereof. At the same time, we insist on the fulfillment of the contract.

11. Retention of title

We retain title to the delivered goods 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 reserved goods by third parties. Pledging, transferring ownership as security, and similar actions of the reserved goods are only permitted with our prior consent. If payment is not made immediately after a reminder in the event of default, our reserved goods must be returned immediately. Return costs are borne by the customer.

12. Warranty, liability, guarantee

The warranty is governed by statutory provisions. It is limited to the statutory period of 24 months from receipt of the goods by the buyer or, in the case of services, upon completion of the service. In the case of legitimately reported defects, either a free replacement or improvement will be made, subject to a reasonable period of time. If replacement or improvement is not possible (not possible, excessive expense, unreasonable, delayed delivery, etc.), the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (rescission). Defects that occur should be reported upon delivery or upon their discovery, if possible. Failure to report them upon delivery or upon their discovery by the consumer has no influence on their warranty claims. If the purchase is a commercial transaction for the customer (B2B), they must inspect the goods no later than two weeks after receipt and notify us immediately of any defects discovered. Our company is liable exclusively for damages caused by intent or gross negligence. This does not apply to personal injury or to consumer transactions. Unless the transaction is a consumer transaction, the injured party must prove the existence of slight or gross negligence. Compensation for consequential damages (due to defects), as well as other property damage, financial losses, and damages to third parties
against the customer, unless it is a consumer transaction, is excluded. Our company, as the operator of the online shop named in the imprint, provides the services with the utmost care, but is not liable for services provided or purchased from third parties. The guarantee must be asserted against the guarantor (the manufacturer/sometimes also the seller, if the manufacturer is the manufacturer) and is subject to their terms and conditions. Any guarantee conditions can be found in the contract confirmation. Claiming the guarantee does not limit the statutory warranty. When goods are shipped in consumer transactions, 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 who is different from the carrier. However, if the consumer has concluded the transport contract themselves without using a selection option suggested by us, the risk passes to the carrier when the goods are handed over to the carrier.

13.Applicable law, place of jurisdiction

The contracting parties agree to the application of Austrian law. If the consumer has their domicile or habitual residence in Austria, or if they are employed in Austria, any legal action against them shall be subject only to the jurisdiction of the court within whose district their domicile, habitual residence, or place of employment is located; this does not apply to legal disputes that have already arisen. The UN Convention on Contracts for the International Sale of Goods (CISG) and all provisions related to the CISG are expressly excluded. For contracts with companies, our registered office is agreed as the place of jurisdiction.

14. Place of performance for business transactions

The place of performance for all services under the contract is our registered office.

15. Arbitration Board

We recognize the Internet Ombudsman as an out-of-court dispute resolution body. For further questions regarding dispute resolution, please contact
Please contact our service: info@upgrademycar.at or the Internet Ombudsman at: http://www.ombudsmann.at

16. Delivery

If not all ordered items are immediately available, those that are available will be delivered immediately, and others as soon as they become available. However, delivery costs are only charged once per order, even for partial deliveries. Delivery is made by post or parcel service, depending on the scope of delivery and size of the items. When goods are shipped in consumer transactions, 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 who is different from the carrier. However, if the consumer has concluded the transport contract themselves without using a selection option suggested by us, the risk passes when the goods are handed over to the carrier.
Different delivery address: Please note that the invoice is always sent together with the goods. This also applies to shipments where the delivery address differs from the billing address. Upon express request (please indicate this in the comments field when ordering), a duplicate invoice can be sent via email.

17. Delivery times

For availability, please refer to the following symbols and the colored information on the article and in the shopping cart:
Goods in stock: Goods are in stock, ready for immediate dispatch, delivery time depending on destination and shipping method in Austria 2 - 4 working days, other EU countries 3 - 12 working days. Goods currently out of stock: Goods are currently out of stock, delivery time approx. 14 - 21 days or as stated on the article and in the shopping cart, after ordering you will immediately receive a binding delivery confirmation with exact details of the delivery time.
Items available upon request only: Items are available upon request and special order only. Please contact us or place a non-binding order with the note "Order request, please ask for delivery information." For special orders and custom-made items, we reserve a limited right of return. You will be informed of this separately when ordering an item marked as such.

In-stock items will be shipped within the delivery time indicated in green next to the product or in the shopping cart. Products that we do not have in stock are specially marked. Please note the delivery times specified for each shipping method. Upon delivery of the goods, you will receive a tracking code that allows you to monitor the shipment. Delivery by us is subject to our correct and timely delivery and is not responsible for any unavailability.

If the delivery time cannot be met, we will automatically inform you via email. If the customer does not agree with the delayed delivery, they are entitled to withdraw from the contract without restrictions. EMS Express Mail Service from Post AG: If your order is received by us by 2:00 p.m. (working days), delivery within Austria will normally take place the following day (working days) by 12:00 p.m. Please be sure to select a payment method that allows for immediate dispatch (e.g., Mastercard or VISA, instant bank transfer, cash on delivery). For EMS Express shipments abroad, we request a specific inquiry regarding delivery times upon request.

R-Trade GmbH is not responsible for delivery delays that occur after proper dispatch due to events beyond our control or due to force majeure at the transport company.

18. Shipping costs

Shipping costs are calculated based on the total weight of your order and the delivery address. Shipping costs are therefore calculated based on the average weights listed in the shop. These weights also include packaging. Depending on the size/weight and scope of delivery, the goods are shipped by Post AG. http://www.post.at / DHL, DPD. Packaging is included in the value of the goods and becomes the property of the customer. Free pickup is only possible by appointment by phone. Please refer to the item description for shipping costs.