GTC – Fine Trade GmbH (Purchase on account)

 

 

Area of application and supplier
Conclusion of the contract
Prices
Delivery costs
Conditions of delivery and stock disclaimer
Conditions of payment
Reservation of proprietary rights
Right to cancel
Transport damage
Risk-bearing during delivery
Guarantee
Liability
Closing provisions

 

Section 1: Area of application and supplier

myRobotcenter offers a ‘Payment on account’ option in their online shop. If the customer chooses this option, the goods are purchased under a contract between the customer and Fine Trade GmbH (‘we/us’),

 

Fine Trade GmbH
Am Garnmarkt 4
6840 Götzis, Austria
Email: myrobotcenter@fine-trade.org

 

Management: Dr. Marcel Vaschauner
Feldkirch District Court, FN359644p

 

In addition, myRobotcenter remains responsible for general customer inquiries (e.g. regarding the goods, delivery time, dispatch, returns, guarantee claims and credit notes) on behalf of and in the name of Fine Trade GmbH.

 

These General Terms and Conditions are valid for all contracts of purchase concluded between consumers and Fine Trade GmbH via the myRobotcenter online shop.

 

A consumer is any natural person who concludes a legal transaction for any purpose that cannot be attributed to their professional business or self-employed activities.

 

 

Section 2: Conclusion of the contract

2.1: Displaying the products in the online shop is not a legally binding offer; it is rather a non-binding online catalogue. By clicking on the ‘Buy now’ button you are making a binding order for the goods in your shopping basket. Notification of receipt of your order is made by automated email from myRobotcenter directly after you make your order. After your order has been checked you will receive an email with a confirmation of receipt. The confirmation of receipt is still not a binding acceptance of the order. The confirmation of receipt is only a declaration of acceptance if we state this explicitly. In doing so myRobotcenter is acting on behalf of and as a representative of Fine Trade GmbH. The products are sold only for private use in quantities that are normal for domestic households.

2.2: Should the confirmation of the order contain writing or printing errors, or should the setting of the prices be affected by technical errors in communication, then Fine Trade GmbH and, as its representative, myRobotcenter GmbH shall be entitled to appeal, although we must then prove our error to you. Any payments already made will be refunded to you without delay.

 

2.3: We retain the right to refuse an order – for example after checking the customer’s credit rating. We retain the right to limit the order to a quantity that is normal for domestic households.

 

2.4: Bills, credit notes, cancellations and payment reminders are always sent by email. The customer must inform us of any changes to their email address and they must ensure that they check the email account given regularly.

 

 

Section 3: Prices

The prices noted on the product pages include the legally applicable VAT and other price components; they do not include delivery costs.

 

 

Section 4: Delivery costs

We charge a flat rate of 10 GBP per order for delivery within United Kingdom. Orders totalling over 100 GPB are delivered free of charge within United Kingdom.

 

 

Section 5: Conditions of delivery and stock disclaimer

5.1: Deliveries are only made within United Kingdom by Parcelforce.

5.2: The delivery time is 3 to 5 working days, unless otherwise stated in the product description.

5.3: Should all the ordered goods not be in stock we are entitled to make partial deliveries at our cost, insofar as this is not unreasonable for you.

5.4: Should delivery of the goods fail through your fault despite three separate attempts, we have the right to withdraw from the contract. Any payments you have made will be refunded to you without delay.

5.5: We have the right to withdraw from the contract if the ordered product is not available because we have not received the product from our supplier at no fault of our own. In such cases we will inform you without undue delay and, where appropriate, suggest delivery of a comparable product. If no comparable product is available or if you do not want to receive a comparable product, we will, if applicable, refund any payments you have made to you without undue delay.

 

 

Section 6: Conditions of payment

6.1: To count against the debt, all payments must be made, without exception, to the Fine Trade GmbH bank account whose details are given to you for this purpose.

 

When making bank transfers, the customer must include the payment reference noted in the relevant invoice. If the payment reference does not correspond to that stated on the invoice, the customer, when requested by us to do so, must forward the relevant deposit slip or transfer form by email, fax or post so that the payment can be allocated appropriately. The payment is still deemed to be pending and the customer regarded as being in default until the deposit slip or transfer form has been received by us.

 

During this period of payment default the customer must pay the statutory rate of interest on the debt.

 

The customer agrees to pay the accrued flat-rate recovery costs of 5 GPB for the first payment reminder, and 10 GBP for the second payment reminder, as well as, in particular, collection agency charges and any other costs incurred due to appropriate legal prosecution.

 

6.2: You only have the right to offset if your counterclaims have been established judicially as being legally valid, or are uncontested, or have been acknowledged in writing by us.

6.3: You may only exercise a right of retention insofar as the claims arise from the same contractual relationship.

 

 

Section 7: Reservation of proprietary rights

The goods remain our property until they have been paid for in full. Before ownership has been transferred, the goods may not be pawned, sold, transferred by way of security, adjusted or reconfigured without our agreement. The customer must handle the goods with care for the duration of the retention of title. The customer must inform us in writing without undue delay if the goods are seized by any third parties, in particular through any enforcement measures, and must inform us if the goods are damaged or destroyed. The customer must inform us without undue delay of any change in ownership of the goods and of any change of address. The customer must refund us of any costs or damages that arise from a violation against these duties and that arise from any necessary intervention measures against seizures of the goods by third parties. 

 

 

Section 8: Right to cancel

8.1: Consumers have the right to cancel from the contract at any time within thirty days.

 


 

Right to cancel

Youhave the right to cancel this contract within 30 days without giving any reason. The cancellation period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us:


Fine Trade GmbH
c/o myRobotcenter GmbH
Hauptstrasse 25
6840 Götzis, Austria
Email: office@myRobotcenter.co.uk

 
of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). 
 
You can also make and send this clear declaration electronically via the contact form on our website. If you make use of this option we will confirm receipt of your cancellation by email without undue delay.
 
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

 

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (exept for the supplementary costs arising if you chose a type of delivery other than the least ex-pensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
 
We will make the reimbursement without undue delay, and not later than -

(a) 14 days after the day we receive back from you and goods supplied, or

(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or

(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.


We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

 

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14days has expired.

Please contact our Customer Service department, for returning goods. We will arrange the free return shipment for you.
Your are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

The following right of cancellation is only valid for consumers.


End of right to cancel



8.2: Please avoid damaging and soiling. Please return the goods to us in their original packaging if possible, with all accessories and packaging components. If necessary please use an additional layer of protective outer packaging. If you no longer have the original packaging material, please ensure that you pack the goods in a way that offers sufficient protection from transport damage so that you avoid incurring claims for damages due to damage resulting from inadequate packaging.

8.3: Please note that the arrangements noted in section 8.2 are not a prerequisite for the effective exercising of the right of cancellation.

 

 

Section 9: Transport damage

9.1: If goods are delivered with obvious transport damage, please register a complaint about such defects with the delivery agent immediately, and get into contact with us by E-mail or by contact form as soon as possible.

 

9.2: Neglecting to register a complaint with the delivery agent or failing to get into contact with us has no effect on your statutory guarantee rights. But that would help us with asserting our own claims against the delivery company and/or transportation insurance.

 

 

Section 10: Risk-bearing during delivery

When the goods are being delivered, the risk for loss of or damage to the goods only transfers to the consumer when the goods are delivered to the consumer or to a third party named by them, not including the delivery agent. However, if the consumer concludes a contract of carriage themselves without selecting one of the delivery options suggested by us, the risk is transferred to the consumer when the goods are handed over to the delivery agent. 

 

 

Section 11: Guarantee

11.1 The guarantee is effected in accordance with the statutory regulations.

11.2: Rechargeable batteries are consumer goods that come with a limited guarantee. Guarantee claims cannot be made for the loss of performance of rechargeable batteries that is due to normal wear and tear or due to improper use, handling or storing. Guarantee claims cannot be made against the loss of performance of rechargeable batteries after 12 months.

 

 

Section 12: Liability

12.1 We are fully liable for damages arising from intent and gross negligence. In cases of simple negligence we are liable only for damages arising from injury to life, body and health, or from a material contractual duty. Material contractual obligations are those obligations, the fulfilment of which makes the due execution of the contract possible in the first place and upon whose compliance the customer may regularly rely upon.

 

12.2: Insofar as material contractual obligations are affected, our liability shall be restricted to contractually typical and foreseeable damages in case of slight negligence. Otherwise we shall be exempt from liability.

 

12.3: The above limitations to liability are also valid in favour of our legal representatives and vicarious agents.

 

12.4: The above limitations to liability are not valid in cases where we keep secret a defect in bad faith or where we have taken on a guarantee for the condition of the goods. The same is valid for your claims in accordance to the product liability law.

 

 

Section 13: Closing provisions

13.1: Should one of the provisions in these General Terms and Conditions be invalid, the rest of the provisions remain valid. The appropriate statutory regulations shall be in force to replace the ineffective provision.

 

13.2: The contract of purchase between us and the customer is subject to Austrian material law. The UN Convention on Contracts for the International Sale of Goods is excluded.

 

Correct as of: Aug 2015