General Terms and Conditions (GTC) & Right of Withdrawal (in German)
Disclosure according §5 ECG:
+43 677 63104518
Managing owner: Mag. Norbert Zellhofer
Trade authority: Magistrate of the City of Vienna
Chamber: Austrian Federal Economic Chamber, Trade Section
Status/Validity: November 2020
Upon conclusion of the contract, these General Terms and Conditions shall be deemed to have been agreed for all mutual claims between the customer and RocketRaft, hereinafter referred to as “RocketRaft”, in the version valid at the time of the respective conclusion of the contract.
2. Contractual partner
RocketRaft concludes contracts with natural persons with unlimited legal capacity who have reached the age of 18 (hereinafter referred to as “customer”).
If the offer of a person who does not meet the above requirements has been inadvertently accepted by RocketRaft, RocketRaft is entitled to declare its withdrawal from the contract to this person within a reasonable period of time.
3. Conclusion of contract
By sending an online order (i.e. by selecting the product, filling in the requested data and confirming the order by the customer via the online form provided on the RocketRaft website), by placing an order by e-mail or post as well as by placing an order by telephone, the customer makes a binding offer, which must first be accepted by RocketRaft.
RocketRaft is not obliged to accept an offer from the customer. If necessary, RocketRaft will inform the customer immediately.
A contract for goods is concluded by actual delivery of the ordered goods, whereby an automated confirmation of receipt of an order (i.e. the customer’s offer) is not a declaration of acceptance.
In the case of services (e.g. repair service, return service), the contract is concluded by the confirmation of the customer’s order by RocketRaft. A contract for the repair of a product is concluded by the signing and return of the written repair offer by the customer to RocketRaft.
RocketRaft does not store the text of the contract. After submitting your order, we will send you an order confirmation, which also includes our terms and conditions. Please save the order confirmation and the terms and conditions yourself if you want to view them at a later date. You can view and save the current version of our terms and conditions at any time under www.packraft.at. You can view your previous orders in the “My Orders” section if you have registered as a customer and logged in via the website with your credentials.
4. Right of withdrawal and return conditions (cancellation policy)
The customer has the right to revoke a contract concluded with RocketRaft for goods or services within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods that the customer has ordered as part of a single order and that have been delivered separately, the period begins on the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the last goods.
In the case of a contract for services, the withdrawal period begins on the day the contract is concluded.
In the case of delivery of goods in several partial shipments, the withdrawal period begins on the day on which the consumer or a third party named by the consumer who is not acting as carrier acquires possession of the last partial shipment.
In order to exercise the right of withdrawal, the customer must inform RocketRaft of his decision to withdraw from the contract by means of a clear declaration. This declaration must be sent to one of the following addresses:
- Letter: RocketRaft, Flachsweg 32, 1220 Vienna, Austria
- E-Mail: email@example.com
In order to comply with the revocation period, it is sufficient for the customer to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
The customer can use our sample form for the revocation.
4.2. Consequences of revocation
If the customer withdraws from the Agreement, RocketRaft shall reimburse all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the cheapest standard delivery offered by RocketRaft), without delay and at the latest within fourteen days from the day on which RocketRaft received notification of withdrawal from this Agreement. For this repayment, RocketRaft will use the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer. In the event that the means of payment of the original transaction is not available for repayment, the repayment will be made by bank transfer to a bank account to be specified by the customer or by crossed cheque. Under no circumstances will the customer be charged any fees for this repayment.
RocketRaft may withhold reimbursement until RocketRaft has received the goods back or until the customer has provided proof that he has returned the goods, whichever is earlier.
The customer must return or hand over the goods to RocketRaft immediately and in any case no later than fourteen days from the day on which he notified RocketRaft of the withdrawal from this contract. The deadline is met if the customer sends the goods before the expiry of the period of fourteen days. The proof and the risk of the return are up to the customer.
4.3. Revocation of services – obligation to pay in instalments
If the customer requests that the provision of the service (modifications to products, repair service, return service) should be started during the withdrawal period, he must pay RocketRaft a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which he notifies RocketRaft of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
4.4. Returns and return costs
In the event of withdrawal, the customer is legally obliged to bear the direct costs of returning the goods.
Goods that can be shipped must be returned with sufficient postage to RocketRaft, Flachsweg 32, 1220 Vienna. The costs for an insufficiently stamped return will be charged to the customer.
RocketRaft shall only bear the return shipping costs in the event of a wrong delivery or defective delivery. In these cases, contact:
- Letter: RocketRaft , Flachsweg 32, 1220 Vienna
- E-Mail: firstname.lastname@example.org
- 0677 63105618
4.5. Exclusion of the right of withdrawal
The right to revoke the contract does not exist in the case of contracts for
- Services, if RocketRaft – on the basis of an express request of the customer as well as a confirmation of the customer’s knowledge of the loss of the right of withdrawal in the event of complete fulfillment of the contract – had begun to perform the service before the expiry of the withdrawal period and the service was then provided in full;
- Goods that are manufactured according to customer specifications or are clearly tailored to personal needs,
- goods that are delivered sealed or are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery;
- sound or video recordings or computer software supplied in a sealed package, provided that their seal has been removed after delivery;
- newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
- the delivery of digital content (downloads) that is not stored on a physical data carrier if RocketRaft has begun delivery with the express consent of the customer, combined with the customer’s acknowledgement of the loss of the right of withdrawal in the event of premature commencement of the performance of the contract. The loss of the right of withdrawal presupposes that RocketRaft has provided the customer with a confirmation of his consent to the early performance of the contract and his acknowledgement of the loss of the right of withdrawal on a durable data carrier.
4.6. Inspection of the goods – Compensation for depreciation – Compensation for damages
The customer has the right to check the ordered goods for their nature, property or functionality to an extent that is customary when buying in a retail store (e.g. short function test). However, this right of inspection does not include the use of the goods.
The customer must pay RocketRaft compensation for a reduction in the market value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functioning of the goods.
If the goods have been damaged, the customer must pay reasonable compensation to RocketRaft for the damage incurred – up to a maximum of the value of the goods.
5. Subject to availability
If, after conclusion of the contract, RocketRaft determines that the ordered goods or services are no longer available from RocketRaft or cannot be delivered for other reasons, RocketRaft can either offer goods or services of equivalent quality and price or withdraw from the contract without compensation. Payments already received will be refunded by RocketRaft to the customer immediately after withdrawal from the contract.
6. Printing/typesetting errors
If RocketRaft subsequently determines that the product information was incorrect due to printing or typesetting errors, the customer will be informed immediately. The customer can confirm the order again expressly in writing or implicitly by paying the prescribed price under the valid conditions. Otherwise, RocketRaft is entitled to withdraw from the contract immediately if the contract has already been accepted. In this case, claims for damages are excluded, with the exception of intent and gross negligence, as well as personal injury.
7. Delivery date, delivery restrictions and assumption of risk
Unless otherwise agreed, delivery shall take place within 7 days, but no later than within 30 days. In the case of payment in advance, the delivery period begins on the day after receipt of payment or on the day after receipt of the order in the case of purchase on account. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state, the next working day shall take the place of such a day.
When the goods are shipped, the risk of loss or damage to the goods is only transferred to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer himself has concluded the contract of carriage without using a choice proposed by us, the risk shall pass to the carrier as soon as the goods are handed over.
8. Delivery and shipping costs
The delivery of the goods is at the expense of the customer. The amount of shipping costs is displayed before paying for the goods.
For all online orders, the delivery, shipping and packaging costs are shown in the shopping cart before the binding order is placed.
In the case of bulky items that are shown accordingly in detail, RocketRaft will also charge a bulky goods surcharge shown with the product.
All prices quoted on the website www.packraft.at are consumer prices in EURO and do not include VAT.
The company RocketRaft is exempt from VAT as a small business acc. § 6 para. 1 Z 27 UStG.
For the submission of the customer’s binding offer for online orders, the prices current on the website on the day of the order shall apply.
10. Payment and late payment
Depending on the customer’s shipping address, payment can be made in advance, by instant bank transfer, by credit card, by PayPal or by other payment methods available on the website.
In the event of default in payment, the customer is obliged to pay € 4,– in reminder fees and interest at a rate of 5% p.a. for each reminder. This also applies if the customer is in default of payment through no fault of his own.
11. Retention of title
The object of purchase or the goods remain the property of RocketRaft until the purchase price and all associated costs and expenses have been paid in full. In the event of even partial default in payment, RocketRaft is entitled to collect the goods even without the consent of the buyer.
12. Warranty and manufacturer’s warranty
The warranty is provided in accordance with the statutory provisions.
The acceptance of the goods complained about within the scope of the warranty by RocketRaft does not constitute an acknowledgement of a warranty claim.
The duration of the warranty is 24 months from handover.
Insofar as RocketRaft exchanges goods within the scope of the warranty, it shall be deemed agreed that the exchanged goods shall become the unrestricted property of RocketRaft.
The customer must complain to the responsible delivery company within a reasonable period of time about incomplete deliveries or damage during transport and send RocketRaft a written record upon request.
Insofar as there is a warranty declaration from the manufacturer for goods purchased from RocketRaft, these claims are to be asserted exclusively against the manufacturer concerned. The legal warranty is not limited by this commercial warranty.
RocketRaft shall only be liable in cases of positive breach of contract, fault in the conclusion of the contract, delay, impossibility, tort or other legal grounds only in the event of intent and gross negligence, except in the case of personal injury. Indirect damages (third-party damages), as well as further warranty claims, as well as claims for consequential damage caused by a defect (such as travel expenses, time compensation, etc.), are excluded with the exception of personal injury or damage to items accepted for processing, as well as in cases of intent and gross negligence.
The scope of RocketRaft’s liability under the Product Liability Act remains unaffected.
In the case of the acquisition of goods on which data is stored, RocketRaft assumes that the data has been backed up by the customer. With the exception of intent and gross negligence, RocketRaft assumes no liability for the loss of data.
This provision reflects the full scope of liability of RocketRaft, its management and its employees. Any further liability with the exception of gross negligence and intent, as well as personal injury, is excluded.
14. Data protection
RocketRaft uses all personal data of its customers that are necessary to fulfill the contractual obligations between RocketRaft and its customers (such as, in particular, to process orders, deliver goods, check creditworthiness or process payments) in accordance with the General Data Protection Regulation (GDPR).
15. Obligation to disclose data changes
The customer must notify RocketRaft immediately of any changes to his delivery/billing/contact address as well as his personal data (e.g. in the event of a name change) that he has provided to RocketRaft in the course of his order, as long as the contractual legal transaction has not been fulfilled by both parties. If this notification is omitted by the customer, declarations shall also be deemed to have been received by him or her. Goods are deemed to have been delivered even if they have been sent or delivered to his last known address/data.
16. Contract language and communication
The contract, order and business language is exclusively German.
17. Place of performance
The place of performance for the service to be provided by RocketRaft as well as for the consideration of the customer is the registered office of RocketRaft: RocketRaft, Flachsweg 32, 1220 Vienna. This does not apply to the fulfillment of the customer’s warranty claims by RocketRaft.
18. Assignment of receivables (assignment)
The customer must notify RocketRaft in writing of the assignment of his claim to a third party (assignment). Any service to the customer shall be made with debt-discharging effect until RocketRaft has notified us in writing.
19. Applicable law
The legal relationship between RocketRaft and the customer shall be governed exclusively by Austrian law to the exclusion of the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods.
20. Place of jurisdiction
All actions brought against RocketRaft shall be brought by the court at the registered office of RocketRaft: Rocketraft, Flachsweg 32, 1220 Vienna. If the consumer has his domicile or habitual abode in Germany or if he is employed in Germany, only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located can be established for an action against him; this does not apply to legal disputes that have already arisen.
21. Severability clause
Should any provision of these terms and conditions be invalid in whole or in part or become invalid due to statutory provisions, the remaining provisions of these terms and conditions shall remain effective unchanged. The parties undertake to replace the invalid provision with a valid provision of the content that comes as close as possible to the invalid provision in economic terms.
22. Out-of-court dispute resolution
From 15 February 2016, the EU Commission will provide a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without the involvement of a court. The dispute resolution platform can be reached at the external link http://ec.europa.eu/consumers/odr/ .