General Terms and Conditions of Business of ISTAC Promotion GmbH

in the context of the Rosenbauer Merchandising Shops

1. GENERAL:
ISTAC Promotion GmbH, Titanstraße 3, 4062 Kirchberg-Thening (“e-commerce service provider” for short) operates a web shop on behalf of Rosenbauer International AG (“client” for short), where natural and legal persons (“consumer” for short) can view and buy goods.

Detailed information on the e-commerce service provider can be found in the imprint (https://fanshop.rosenbauer.com/en/imprint/)

2. SCOPE:
The following terms and conditions apply to all orders via the Rosenbauer Merchandising Shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

3. CONCLUSION OF CONTRACT:
The purchase contract is concluded with the e-commerce service provider ISTAC Promotion GmbH.

The languages German and English are available for the conclusion of the contract.

The presentation of the products in the web shop merely represents a non-binding online catalog and is therefore not a legally binding offer. You can initially place the products in the shopping cart without obligation and correct your entries at any time before sending your binding order.

By clicking the "Pay now" button in the check-out process, you make a binding purchase offer for the goods contained in the shopping cart. The purchase contract is concluded with the acceptance of the purchase offer. The acceptance of your purchase offer takes place by e-mail immediately after sending the order by sending an "order confirmation/invoice".

As soon as the ordered goods are dispatched, the consumer/entrepreneur will receive a confirmation automatically generated by the e-commerce service provider that the ordered product has been dispatched to the e-mail address he/she provided (“dispatch confirmation” for short). The e-commerce service provider generates the shipping confirmation in the name and on behalf of Rosenbauer International AG.

4. PRICES:
All prices are in EURO (€) including the statutory sales tax at the time the order is fulfilled. The purchase price does not include the shipping costs. The shipping costs are determined during the check-out process.

No sales tax is charged for export deliveries to non-EU countries. Any costs for customs clearance and import must be borne by the consumer/entrepreneur. The sales tax will not be refunded even after submission of an export confirmation.

We also reserve the right to change prices.

5. PAYMENT:
We accept the following payment methods:

• Credit card (VISA / Mastercard)
  When paying by credit card, the charge will be made on the same day. When paying by credit card, the customer provides the following data: cardholder, card number, credit card company, expiry date, CVV code. The data is transmitted via SSL encryption with a key of at least 128 bits and is therefore not visible to unauthorized persons. Further information can be found here: https://fanshop.rosenbauer.com/en/gdpr/

• PayPal
  You can order cashless from us with PayPal. If you choose this payment method, you will be forwarded directly to PayPal for the payment. If you already have a PayPal account, you can log in with your account details and make the payment. If you are new to PayPal, you can create a user account for free by entering your bank or credit card details. You then pay by entering your e-mail address and a password and will receive a payment confirmation by e-mail. Your order will then be processed immediately.

• Immediate transfer (Klarna)
  When paying by Klarna, online banking access is required. You will be forwarded directly to Klarna for payment. You must provide your name, your e-mail address and, if applicable, your postal address. Further information can be found here: https://fanshop.rosenbauer.com/en/gdpr/

When paying with "Klarna" or "PayPal", both the purchase price and the shipping costs are due for payment at the same time. With these payment methods, a valid contract is already concluded without sending an order confirmation. The debit takes place at the due date.

When paying by credit card, the amount is reserved, which is only debited when the contract is accepted.

The payment method "on account" is available for all sales partners defined in advance by the client.

Invoicing is done electronically by email to the email address provided by the consumer/entrepreneur.

6. DELIVERY TERMS:
Shipping costs may apply in addition to the stated product prices. You can find more detailed provisions on any shipping costs that may be incurred in the shipping costs table in the web shop.

When the goods are shipped, the risk of loss of 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 contract of carriage himself without using one of the options suggested by us, the risk passes to the carrier as soon as the goods are handed over.

We only deliver by mail. It is not possible to collect the goods yourself.

Delivery to packing stations is not possible.

Partial deliveries and partial invoices are permitted, whereby partial deliveries are to be paid for by the customer according to the specified payment terms. Only if an agreed delivery date has been exceeded by more than six weeks can the customer withdraw from the contract, allowing a five-week grace period for delivery. If the customer does not accept the goods, we are entitled, after setting a two-week period, to withdraw from the contract and/or to demand compensation for non-performance. We are entitled to demand either 30 percent of the agreed order amount or compensation for the damage actually incurred without proof of damage. Insurance and packaging will be charged at cost price.

7. RIGHT OF WITHDRAWAL / RIGHT OF RETURN
Consumers are entitled to a right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

The consumer/entrepreneur has the following options for written cancellation:

• The registered user can use the online return management via his customer account. In this way, the registered user immediately receives a confirmation of receipt of the declaration of withdrawal/return registration after delivery of the declaration of withdrawal/return registration.
• The use of the cancellation form provided in the web shop, which should be sent to the e-mail address support@istac-service.at or via the contact form via the web shop.
• The transmission of a written declaration of revocation, after which the user withdraws from the concluded purchase contract.

Consequences of the right of withdrawal

If a user makes use of the right of withdrawal, the purchase price for the ordered products will be refunded to the consumer. The refund must be made no later than 14 days after receipt of the declaration of withdrawal, whereby the repayment by the e-commerce service provider can be withheld until receipt of the goods or proof of the return by the consumer. In addition, the consumer will be reimbursed for the postage costs if the consumer withdraws from the entire purchase. If the consumer was shipped by a forwarding agent and the consumer paid for the forwarding, the consumer will be reimbursed for the cost of the forwarding, but only to the extent of the cost of the cheapest standard shipping by forwarding. Here, too, repayment can be withheld until receipt of the goods or proof of return by the consumer.

Refunds can only be made using the same payment method that was originally used to pay.

In the event of a defective product, we will refund you the purchase price and cover the return costs.

The return costs are to be borne by the consumer.

We will refund the purchase price for an exchange for a different size. A direct exchange of the goods is not possible.

In the following cases, we only reimburse the purchase price excluding shipping and return costs:

• Wrong address given when ordering
• Failure to collect the parcel from the post office/parcel shop on time

These costs must be borne by the consumer, as we cannot assume any liability for third-party faults.

Please send the goods to our warehouse:

ISTAC Promotion GmbH
Titanstraße 3
4062 Kirchberg-Thening  - AUSTRIA

8. RETENTION OF TITLE:
The delivered goods remain the property of ISTAC Promotion GmbH until the purchase price has been paid in full, including all ancillary costs. If the customer is in default towards us or if he violates one of the obligations resulting from the retention of title, the entire outstanding claim becomes due immediately. We are entitled to demand the return of the goods owned by us and to collect them, whereby the customer waives the assertion of a retention, for whatever reason. The costs of the return, which does not constitute a withdrawal from the contract, must be borne by the customer.

9. WARRANTY / LIABILITY / GUARANTEE:
The warranty is based on the statutory provisions. It is limited to the statutory period of 24 months from the acceptance of the goods by the buyer or, in the case of services, from the conclusion of the service. In the case of justified complaints about defects, either a free replacement or improvement will be made, for which a reasonable period of time must be granted. If an exchange or an improvement is out of the question (not possible, too much effort, unreasonable, delay, etc.), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract.

Any defects that occur must be reported upon delivery or after they become visible, whereby failure to report them upon delivery or after they become visible has no effect on the consumer's warranty claims. If the purchase is a commercial transaction (B2B) for the customer, he must examine 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 by intent and gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence, unless it is a consumer transaction, has to be proven by the injured party. Compensation for (defect) consequential damage, as well as other property damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded.

When shipping goods 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 contract of carriage himself without using one of the options suggested by us, the risk passes to the carrier as soon as the goods are handed over.

10. DISPUTE RESOLUTION:
In the event of a dispute, we undertake to participate in the arbitration procedure of the internet ombudsman: www.ombudsstelle.at

More information on the types of procedure at www.ombudsstelle.at.

The OS platform can also be used to settle disputes with our company: https://ec.europa.eu/consumers/odr

You can also email any complaints to office@istac.at.

11. GOVERNING LAW, JURISDICTION:
The contractual partners agree on the application of Austrian law. If the consumer has his domicile or habitual residence in Austria or if he is employed in Austria, only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located can be justified for an action against him; this does not apply to legal disputes that have already arisen. The UN sales law and all provisions that refer to the UN sales law are expressly excluded.

12. PLACE OF PERFORMANCE FOR BUSINESSTRANSACTIONS:
Place of performance and exclusive court of jurisdiction for both contractual partners for deliveries and payments is Linz. Austrian law applies exclusively to the contractual relationship (CISG excepted).

13. IT DATA:
The data required for order processing and accounting, such as the customer's name, address, order and booking data, are stored in our computer system. The stored data will only be used by us within the framework of the legal provisions and can be viewed by the customer at any time via login. The contract data will also be sent by e-mail after the contract has been concluded.

14. FINAL PROVISIONS:
If one or more of the above provisions should be or become invalid, the validity of the remaining provisions and of the contract itself shall not be affected. Any invalid provisions shall be replaced by new ones that aim at the same economic result.

 

Last updated on 06/12/2023