Conditions

General Terms and Conditions of Active Suspension

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

1. Scope of our Terms and Conditions - General

The General Terms and Conditions (GTC) apply to the sale and delivery of goods by the company R-Trade GmbH named 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 the GTC of your shop and agree to their validity," the buyer agrees to these GTC and is bound by them. Our range of products is non-binding.
Active Suspension's offer is primarily aimed at customers (consumers, consumers and companies) in Austria. Consumers are 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 his company. A company is any long-term organization of independent economic activity, even if it is not aimed at profit. Legal persons under public law are always considered entrepreneurs.
The order of the fully legally competent customer (persons aged 18 and over) represents an offer to conclude a purchase contract. The confirmation email we subsequently send (as defined in Section 10 Paragraph 2 ECG) does not constitute acceptance of the offer. The purchase contract is only concluded once 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 non-binding and only available while stocks last. Technical changes to the products by the respective supplier generally represent a product improvement and are therefore reserved.

2. Your contractual partner

When ordering from Active Suspension, the contract is concluded with:

R-Trade GmbH
Twin Tower
Wienerbergstrasse 11/ 12A
A-1100 Vienna
Austria
suspension@gg2.at
FN434230z

3. Order process, conclusion of contract

The articles in 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 represent acceptance of your offer, but is only intended to inform you that we have received your order. A purchase contract is only concluded when we confirm the order by sending you an order confirmation in text form within 5 days of sending the order confirmation to you.

Ordering process

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

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 (data protection notice). It will not be used for any other purpose or passed on to third parties. If you are already logged in, you can now select the shipping method. Click the "Continue" button to go to the next order step.

c) Check billing address / select payment method
Now check your billing address and enter your desired payment method. Click the "Continue" button to go to the next order step.

d) Check shipping address / select shipping method
Now check your shipping address and enter your desired shipping method. Click the "Continue" button to go to the next order 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. Check that all information is correct and please 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 (check the box). By clicking the "BUY NOW" button you send your order to us. You are hereby making a legally binding offer.

Saving your order

We save your order and the order data you entered. We will send you an order confirmation with all the order data by email. You also have the option of printing out both the order and the general terms and conditions before sending the order to us. If you have set up a customer account with us, you can also access the orders you have placed at any time.

4. Right of withdrawal for consumers

The following right of withdrawal only applies to consumers:

4.1 If the customer is an entrepreneur according to §1 UGB, a revocation is completely excluded.

4.2 Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

4.3 Tips for a smooth return process

Please send the item(s) back to us in its original packaging if possible. Please use the return slip (please enter the reason for return) and enclose it in the package. Using the return slip and the original packaging is not a "must", i.e. not a prerequisite for asserting your rights, but it simplifies and secures the processing for us. Misuse of the return option incurs costs. For items that are impaired or damaged due to signs of use, R-Trade GmbH will charge an appropriate fee for the reduction in value. The same applies if accessories are missing when the goods are returned and/or packaging is so damaged that the goods are unsellable. Acceptance of the delivery of goods by the consumer is not to be regarded as a reduction in value in itself.
To avoid transport damage to the goods or loss of the goods, the goods must be returned properly packaged and correctly addressed. The return address and your sender details are already printed on our return slip. If you do not use our return slip, please note your sender details on the package and send the goods to our warehouse address:

GG2 Automotive Engineering
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 provide 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 influence and which may occur within the withdrawal period,
(c) goods which are made to customer specifications or which 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 only offered in German. The offer from R-Trade GmbH is primarily aimed at customers (consumers, consumers and companies) in Austria. If the customer accepts the contract language in German, other EU countries will also be delivered to upon request. Deliveries or shipping costs for non-listed destination countries and outside the EU countries only upon request.

6. Prices

The prices are valid at the time of the order and include the statutory 20% VAT plus all shipping costs. All fees and expenses are shown in the shopping cart before the contract is concluded and then in the order confirmation sent to the customer. If export or import duties are due during shipping, these are also borne by the customer (information on this can be obtained from your local customs office). For sales to companies within the EU, no Austrian sales tax is charged if the UID (VAT) is provided; they must pay the sales tax 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

The goods will only be dispatched after receipt of payment. A detailed description of the payment methods can be found in 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 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 in payment is not our fault, the contractual partner undertakes to reimburse us for the reminder and collection costs to the extent that they are necessary for the appropriate legal action and reasonable in relation to the claim. In particular, if a debt collection agency is called in, the contractual partner undertakes to reimburse us for the costs incurred as a result, provided that these do not exceed the maximum rates of remuneration due to the debt collection agency. If we carry out 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 keeping records of the debt relationship in the dunning process.

10. Delay in acceptance

Delivery is made to the address provided by the customer. If the customer provides incorrect, incomplete or unclear information, the customer will bear all resulting costs. If customers who have ordered as entrepreneurs fail to accept the goods, we are entitled to store the goods at our premises, for which we charge a storage fee of 0.1 euros per calendar day or part thereof. At the same time, we insist on the contract being fulfilled.

11. Retention of title

We retain title to the goods delivered 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 immediately report any access by third parties to our goods subject to retention of title. Pledging, transfer of ownership by way of security and similar actions 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 default, our goods subject to retention of title must be returned immediately. Return costs are borne by the customer.

12. Warranty, liability, guarantee

The warranty is based on the statutory provisions. It is limited to the statutory period of 24 months from the receipt of the goods by the buyer or, in the case of services, from the completion of the service. In the case of justified complaints about defects, either a replacement or improvement will be carried out free of charge, for which a reasonable period of time must be granted. If an exchange or improvement is not possible (not possible, too much effort, unreasonable, delay in the deadline, etc.), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (conversion). Defects that occur should be reported upon delivery or after they become visible, if possible, whereby failure to report them upon delivery or after they become visible to a 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 2 weeks after receipt and notify us immediately if a defect is found. Our company is only liable for damage caused intentionally or by gross negligence. This does not apply to personal injuries or to consumer transactions. The injured party must prove the existence of slight or gross negligence, unless it is a consumer transaction. 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 obtained from third parties. The guarantee must be claimed from the guarantor (the manufacturer/sometimes also from the seller if this is the manufacturer) and is subject to their provisions. Please refer to the contract confirmation for any guarantee conditions. The statutory warranty is not restricted by making use of the guarantee. 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 other than the carrier designated by the consumer. However, if the consumer has concluded the transport contract himself 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 his or her residence or habitual abode in Austria or is employed in Austria, a lawsuit against him or her can only be brought before the court in whose district the consumer's residence, habitual abode 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 and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. For contracts with companies, our company headquarters is agreed as the place of jurisdiction.

14. Place of performance for business transactions

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

15. Arbitration Board

We recognize the Internet Ombudsman as an out-of-court arbitration body. If you have any further questions about dispute resolution, please contact
Please contact our service: suspension@gg2.at or the Internet Ombudsman at: http://www.ombudsmann.at

16. Delivery

If not all of the items ordered are immediately available, those that are immediately available will be delivered immediately and others as soon as they are 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 other than the carrier designated by the consumer. However, if the consumer has concluded the transport contract himself without using a selection option suggested by us, the risk passes to the carrier when the goods are handed over to the consumer.
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 by email.

17. Delivery times

Please refer to the following symbols and the coloured notes on the article and in the shopping cart for delivery availability:
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.
Goods only available on request: Goods are only available on request and special orders. Please contact us or place a non-binding order with the note "Order request, please ask for delivery information". For special orders and made-to-measure items, we reserve a limited right of return, of which you will be informed separately when ordering an article marked in this way.

For goods in stock, shipping takes place within the delivery times marked in green on the product or in the shopping cart. Products that we do not have in stock are specially marked. Please note the delivery times that are described for each shipping method. When the goods are delivered, you will receive a tracking code that allows you to monitor the shipment. Delivery by us is subject to the condition that we ourselves are supplied correctly and on time and that we are not responsible for the lack of availability.

If the delivery time cannot be met, we will inform you automatically by email. If the customer does not agree with the delayed delivery, he is entitled to withdraw from the contract without restrictions. EMS Express Mail Service from Post AG: If we receive your order by 2:00 p.m. (on working days), delivery within Austria will normally take place the following day (on working days) by 12:00 p.m. Please make sure to choose a payment method that also allows immediate shipping. (e.g. Mastercard or VISA, instant bank transfer, cash on delivery) For EMS Express shipments abroad, we ask for a specific inquiry about the delivery time if necessary.

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

18. Shipping costs

The shipping costs are calculated from the total weight of your order and the delivery address. The shipping costs are therefore calculated according to the average weights stored in the shop. This weight information also includes packaging. The goods are shipped by Post AG http://www.post.at depending on the size/weight or scope of delivery. Packaging is included in the value of the goods and becomes the property of the customer. Free collection is only possible after making an appointment by telephone. The shipping costs can be found in the item description.