General terms and conditions

General terms and conditions with customer information

(The following terms and conditions also contain legal information on your rights under the regulations on contracts in distance selling and electronic business transactions)

1. scope of application
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery and availability of goods
6. payment modalities
7. retention of title
8. warranty for material defects and guarantee
9. liability
10. right of withdrawal
11. exclusion of the right of withdrawal
12. returns
13. storage of the contract text
14. data protection
15. place of jurisdiction, applicable law, contractual language

1. scope of application
1.1 For the business relationship between Rogers Data GmbH, Guglgasse 6 3/6/7, 1110 Vienna, Austria (hereinafter referred to as “Seller”) and the Customer (hereinafter referred to as “Customer”), the following General Terms and Conditions of Business shall apply exclusively in the version valid at the time of the order.
1.2 You can contact our customer service for questions, complaints and objections on weekdays from 9:00 am to 5:00 pm by telephone on +43(0) 676 73 39 554 and by e-mail at office@rogersdata.at.
1.3 A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his or her commercial or independent professional activity (§ 1 KSchG).
1.4 Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity in writing.

2. offers and service descriptions
2.1 The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid “while stocks last”, unless otherwise stated with the products. Errors are otherwise reserved.

3. order process and conclusion of contract
3.1 The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart by clicking the button “add to cart”.
3.2 Subsequently, the Customer can proceed within the shopping cart by clicking on the button “Continue to checkout” to complete the ordering process.
3.3 By clicking the “Buy” button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.4 The seller will then send the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the seller has received the customer’s order and does not constitute acceptance of the application. The sales contract is only concluded when the seller has sent the ordered product to the customer within 3-6 working days, handed it over or confirmed the dispatch to the customer within 3-6 working days with a second e-mail, explicit order confirmation or sending the invoice.
3.5 If the seller allows advance payment, the contract is concluded with the provision of the bank details and payment request. If the payment is not received by the seller within 10 calendar days after sending the order confirmation despite the due date, even after a new request, the seller will withdraw from the contract with the consequence that the order is null and void and the seller has no obligation to deliver. The order is then completed without further consequences for the buyer and the seller. A reservation of the article with prepayment is therefore made for a maximum of 10 calendar days.

4. prices and shipping costs
4.1 All prices stated on the Seller’s website are inclusive of the statutory value added tax applicable at the time.
4.2 In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the Buyer on the shipping costs page and during the ordering process.

5. delivery, availability of goods
5.1 If at the time of the customer’s order no copies of the product selected by the customer are available, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the Seller will refrain from issuing a declaration of acceptance. In this case a contract is not concluded.
5.2 If the product designated by the Customer in the order is only temporarily unavailable, the Seller shall also inform the Customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer shall

5.2 If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, the seller will immediately refund any payments already made by the customer. If advance payment has been agreed upon, delivery will be made after receipt of the invoice amount.

6. terms of payment
6.1 The customer can choose from the available payment methods within the framework of and prior to completion of the order process. Customers will be informed about the available payment methods on a separate information page.
6.2 Payment must be made in advance without deduction.
6.3 If third party providers are commissioned with the payment processing, e.g. Paypal or instant bank transfers, their general terms and conditions apply.
6.4 If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay interest on arrears at a rate of 5 percentage points above the base interest rate.
6.5 The Customer’s obligation to pay interest on arrears does not exclude the Seller from asserting further claims for damages caused by default.
6.6 The Customer shall only be entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the Seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

7. retention of title
The delivered goods remain the property of the seller until full payment has been received.

8. warranty for material defects and guarantee
8.1 The warranty is determined by legal regulations.
8.2 A guarantee exists for the goods delivered by the seller only if it has been expressly given.

9. liability
9.1 The following exclusions and limitations of liability shall apply to any liability of the seller for damages, notwithstanding any other legal requirements for claims.
9.2 The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, body and health, for a defect after a guarantee for the quality of the product has been given and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. right of withdrawal
Withdrawal by express written declaration
Every customer may withdraw from the contract concluded within 14 days of receipt of the goods by sending a written declaration of withdrawal without giving reasons. It is sufficient for this purpose if the declaration of withdrawal is sent within this period (the date of the postal dispatch note is decisive). In this case the customer is demonstrably obliged to return the goods without delay. The return shipping costs (postage) shall be borne by the customer. If the goods have been used and/or damaged, the customer must pay an appropriate fee for the use including an appropriate compensation for the damages incurred – at the most in the amount of the value of the goods – to the seller. The declaration of withdrawal must be sent to the following address:

Rogers Data GmbH, Ing. Robert Gallmayer, Guglgasse 6 3/6/7, 1110 Vienna or by email to office@rogersdata.at .

Withdrawal by simply returning the goods
The customer can also exercise his right of withdrawal by simply returning the goods to the seller within 14 days of receipt without a written declaration of withdrawal. In this case, it is sufficient for the deadline to be met if the goods are sent off demonstrably in good time. The prerequisite for this form of exercising the right of withdrawal by simply returning the goods is that the goods are not damaged or used and that the return is sufficiently stamped. Only in case of a wrong or defective delivery the seller bears the return shipping costs (postage).

The risk of the return as well as the proof of the return lies with the customer. In case of a withdrawal of the customer (by explicit declaration or simple return of the goods), the seller immediately pays back the already paid purchase price – shipping costs are not refunded. In the case of orders on open account, a credit note will be issued to the customer’s account.

11. notes on the exclusion of the right of withdrawal
The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs, or to the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by you.

12. returns
12.1 Before returning the goods, customers are asked to report the return to the seller at office@rogersdata.at to announce the return. In this way, they enable the seller to assign the products as quickly as possible.
12.2 Customers are requested to return the goods as a prepaid package to the seller and to keep the receipt. Upon request, the seller will reimburse customers in advance for postage costs, unless these are to be borne by the buyer.
12.3 Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the possession of the seller, another suitable packaging should be used in order to provide sufficient protection against transport damage and to avoid any claims for damages due to damage caused by defective packaging.
12.4 The modalities mentioned in this section (No. 12) of the GTC are not a prerequisite for the effective exercise of the withdrawal according to No. 10 of these GTC.

13. storage of the contract text
13.1 The seller stores the text of the contract of the order. The AGB are available online. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
13.2 The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. Furthermore, the customer receives a copy of the GTC with his order.

14. data protection
14.1 The Seller processes personal data of the Customer for the intended purpose and in accordance with the statutory provisions.
14.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, postal address, payment data) shall be used by the Seller for the purpose of fulfilling and processing the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process.
14.3 The customer has the right to request information free of charge about the personal data stored about him by the seller. In addition, he has the right to correct incorrect data, blockage and deletion of his personal data, unless there is no legal obligation to preserve records.
14.4 Further information on the nature, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the privacy policy.

15. place of jurisdiction, applicable law, contractual language
15.1 Place of jurisdiction and place of performance is the seller’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law.
15.2 The law of the Republic of Austria shall apply. This shall not apply if mandatory consumer protection regulations prevent such application.
15.3 Contract language is German.
15.4 Platform of the European Commission for Online Dispute Resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.