General terms and conditions of business

For consumers/end users (B2C) in the country of distribution Austria (valid from 01.02.2015, according to VRRL)

1. Scope of our General Terms and Conditions - General

These General Terms and Conditions (GTC) apply to the sale and delivery of goods by R-Trade GmbH, the company named in the legal notice. Deviating agreements are only valid if we have agreed to them in writing. By clicking the checkbox in the shopping cart before submitting 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 product range is non-binding.
The offer from Upgrademycar (R-Trade GmbH) This service is primarily aimed at customers (consumers and businesses) in Austria. Consumers are defined as those subject to the Austrian Consumer Protection Act (KSchG) and are therefore natural or legal persons who are not entrepreneurs. An entrepreneur is someone for whom the transaction is part of their business operations. A business is any organization engaged in independent economic activity on a permanent basis, even if it is not profit-oriented. Public legal entities are always considered entrepreneurs.
The order placed by a customer with full legal capacity (persons aged 18 and over) constitutes an offer to conclude a purchase agreement. The confirmation email subsequently sent by us (pursuant to Section 10 Paragraph 2 of the Austrian E-Commerce Act) does not yet constitute acceptance of the offer. The purchase agreement is only concluded once we deliver the ordered goods, by sending a second email as order confirmation, or by other acceptance of the customer's offer. All offers on our website are subject to change without notice, non-binding, and available only while stocks last. Technical modifications to the products by the respective supplier generally represent a product improvement and are therefore reserved.

2. Your contractual partner

When ordering from Upgrademycar concludes the contract with:

R-Trade GmbH
Twin Tower
Wienerbergstrasse 11/12A
A-1100 Vienna
Austria
info@upgrademycar.at
FN 434230z

3. Ordering process, contract conclusion

The items on our portal merely constitute a non-binding invitation to enter into 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 constitute acceptance of your offer, but merely serves to inform you that we have received your order. A purchase contract is only concluded when we confirm your 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 wish to order by clicking the "Add to Cart" button. This will add your selection to your shopping cart. You can change your selection at any time before submitting your order by changing the quantity of products, deleting items by clicking the "Remove" box, or canceling the order process. Clicking the "Checkout" button will take you to the next step of the ordering process.

b) Cashier
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 accordance with data protection regulations (Privacy Policy). It will not be used for any other purpose or shared with third parties.If you are already logged in, you can now select the shipping method. By clicking the "Continue" button, you will proceed to the next step of the order process.

c) Check billing address/Select payment method
Now, please verify your billing address and select your preferred payment method. Clicking the "Continue" button will take you to the next step of the order process.

d) Check shipping address/Select shipping method
Now please verify your shipping address and select your preferred shipping method. Clicking the "Continue" button will take you to the next step of the order process.

e) Complete 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. Please check that all information is correct and carefully read the Terms and Conditions. You can only proceed with your order if you agree to the Terms and Conditions and confirm that you have read the Cancellation Policy. By clicking the "BUY NOW" button, you submit your order to us. This constitutes a legally binding offer.

Saving your order

We save your order and the order details you entered. We will send you an order confirmation with all order details via email. You also have the option to print both the order and the terms and conditions before submitting the order to us. If you have created a customer account with us, you can also access your order history at any time through your account.

4. Right of withdrawal for consumers

The following right of withdrawal applies only to consumers:

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

4.2 Sample Cancellation Form

(If you wish to cancel the contract, please fill out this form and return it.)

4.3 Tips for a smooth return process

Please return the item(s) to us, if possible, complete and in their original packaging. Please use the return slip (please state the reason for return) and include it in the package. Using the return slip and the original packaging is not mandatory, i.e., not a prerequisite for exercising your right of return, but it simplifies and secures the processing for us. Misuse of the return option will incur costs. For items that are damaged or show signs of use, R-Trade GmbH will charge a reasonable fee for the reduction in value. The same applies if accessories are missing upon return of the goods and/or the packaging is damaged to such an extent that the goods are unsaleable. The mere fact that the consumer accepts the delivery of the goods is not, in itself, considered a reduction in value.
To prevent damage or loss of goods during transport, please ensure that the goods are properly packaged and correctly addressed for return. The return address and your sender details are already printed on our return slip. If you do not wish to use our return slip, please write your sender details on the package and send the goods to our warehouse address:

GG2 Vehicle Technology
Attn: R-Trade GmbH
Bahnhofstraße 103
8401 Kalsdorf near Graz
Austria

The customer is to bear the costs of returning the goods as agreed.

4.4. The consumer has no right of withdrawal from contracts concerning

a) Services, if the entrepreneur – based on an express request from the consumer pursuant to Section 10 FAGG and confirmation from the consumer of his knowledge of the loss of the right of withdrawal upon complete performance of the contract – had begun to perform the service before the expiry of the withdrawal period pursuant to Section 11 FAGG and the service was then fully performed,
b) Goods or services whose price depends on fluctuations in the financial market which are beyond the control of the trader and which may occur within the withdrawal period,
c) Goods that are manufactured according to customer specifications or are clearly tailored to personal needs,
d) Goods supplied in sealed packaging, provided that the seal has been removed after delivery.

5. Contract language - Delivery countries

The contract terms, all other information, customer service, data information, and complaint handling are offered exclusively in German. R-Trade GmbH primarily targets customers (consumers and businesses) in Austria. If the customer accepts German as the contract language, deliveries to other EU countries are possible upon request. Deliveries and shipping costs to countries not listed and outside the EU are available upon request only.

6. Prizes

Prices are valid at the time of ordering and include the statutory 20% VAT, plus all shipping costs. All fees and charges are displayed in the shopping cart before the order is placed and subsequently in the order confirmation sent to the customer. Any export or import duties incurred during shipping are the responsibility of the customer (information can be obtained from your local customs office). For sales to businesses within the EU, no Austrian VAT is charged upon presentation of a valid VAT identification number (UID). These businesses are then responsible for paying VAT in their home country. Invoicing 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

Goods will only be shipped after payment has been received. A detailed description of the payment methods can be found under the menu item: Shipping and Payment Terms.

8. Payment default

The statutory interest rate for monetary claims between businesses arising from commercial transactions is 8 (eight) percentage points above the base interest rate. The statutory default interest rate between consumers and businesses 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 payment delay is not the fault of the contracting party, the contracting party undertakes to reimburse us for all dunning and collection expenses to which we are entitled, provided they are necessary for the appropriate legal pursuit of the claim and are reasonable in relation to the amount owed. Specifically, the contracting party undertakes to reimburse us for the costs incurred by engaging a collection agency, provided these costs do not exceed the maximum rates of fees payable by collection agencies. If we handle the dunning process ourselves, the debtor undertakes to pay EUR 12 per reminder and EUR 5 per six-month period for maintaining records of the debt in our dunning system.

10.Default of acceptance

Delivery will be made to the address provided by the customer. The customer is responsible for all costs arising from incorrect, incomplete, or unclear information provided by them. For customers who have ordered as businesses and fail to accept delivery, we reserve the right to store the goods at our premises, for which we will charge a storage fee of €0.10 per commenced calendar day. We also insist on fulfillment of the contract.

11. Retention of title

We retain title to the delivered goods until receipt of all payments due from the business relationship with the customer. If the customer resells goods subject to retention of title, they must also transfer the retention of title to the new buyer. The customer must notify us immediately of any third-party claims against our goods subject to retention of title. Pledging, assignment by way of security, and similar encumbrances of 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 shipping costs are borne by the customer.

12. Warranty, Liability, Guarantee

The warranty is governed by statutory provisions. It is limited to the statutory period of 24 months from the date of receipt of the goods by the buyer, or, in the case of services, from the date of completion of the service. In the case of justified complaints regarding defects, either a free replacement or repair will be provided, for which a reasonable period must be allowed. If a replacement or repair is not feasible (e.g., due to excessive costs, unreasonableness, or exceeding the deadline), the buyer is entitled to a price reduction or, if the defect is not minor, to rescind the contract. Any defects should be reported as soon as possible upon delivery or discovery. Failure to report a defect upon delivery or discovery by a consumer does not affect their warranty rights. If the purchase is a business transaction (B2B), the customer must inspect the goods no later than two weeks after receipt and notify us immediately of any defects found. Our company is liable only for damages caused intentionally or by gross negligence. This does not apply to personal injury or consumer transactions. Unless it is a consumer transaction, the injured party must prove the existence of slight or gross negligence. Compensation for consequential damages (including those resulting from defects), as well as other property damage, financial losses, and damages to third parties, is not covered.
Any liability against the customer is excluded, unless the transaction is a consumer transaction. Our company, as the operator of the online shop listed in the legal notice, provides its services with the utmost care but is not liable for services provided or obtained from third parties. Warranty claims must be made to the warrantor (the manufacturer/sometimes also the seller, if the seller is the manufacturer) and are subject to their terms and conditions. Please refer to the order confirmation for any warranty conditions. The statutory warranty rights are not affected by making a warranty claim. In consumer transactions, the risk of loss or damage to the goods passes to the consumer only when the goods are delivered to the consumer or to a third party designated by the consumer, other than the carrier. However, if the consumer has concluded the transport contract himself without using one of our suggested options, the risk passes to the consumer upon handover of the goods to the carrier.

13.Applicable law, place of jurisdiction

The contracting parties agree to the application of Austrian law. If the consumer is domiciled or habitually resident in Austria, or is employed in Austria, any legal action against them may only be brought before the court in whose district their domicile, habitual residence, 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 (CISG) and all provisions relating to it are expressly excluded. For contracts with businesses, our company's registered office is agreed as the place of jurisdiction.

14. Place of performance for business transactions

The place of performance for all services under the contract is our company headquarters.

15. Arbitration Board

We recognize the Internet Ombudsman as an out-of-court dispute resolution body. For further questions regarding dispute resolution, please contact us.
Please contact our service: info@upgrademycar.at or contact the Internet Ombudsman at: http://www.ombudsmann.at

16th delivery

If not all ordered items are immediately available, those that are will be shipped immediately, and the remaining items will be shipped as soon as they become available. Shipping costs will only be charged once per order, even in the case of partial deliveries. Delivery will be made by mail or parcel service, depending on the size and quantity of the items. In consumer transactions, the risk of loss or damage to the goods passes to the consumer only when the goods are delivered to the consumer or to a third party designated by the consumer, other than the carrier. However, if the consumer has concluded the transport contract themselves without using one of our suggested shipping options, the risk passes to the consumer upon handover of the goods to the carrier.
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 explicit request (please indicate this in the comment field when placing your order), a duplicate invoice can be sent by email.

17. Delivery times

Please refer to the following symbols and the colored indicators next to the item 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. Item currently out of stock: The item is currently out of stock; delivery time is approximately 14-21 days or as indicated with the item and in the shopping cart. After ordering, you will immediately receive a binding delivery confirmation with an exact delivery date.
Goods available only upon request: These goods are only available upon request and special order. Please contact us or place a non-binding order with the note "Order request, please provide delivery information". For special orders and custom-made items, we reserve a limited right of return, about which you will be informed separately when ordering such a marked item.

For items in stock, shipping takes place within the delivery timeframes indicated in green on the product page or in the shopping cart. Products that are not in stock are specially marked. Please note the estimated delivery times described for each shipping method. Upon shipment, you will receive a tracking code allowing you to monitor the progress of your delivery. Delivery is subject to our own correct and timely receipt of goods from our suppliers and is not responsible for any lack of availability.

If the delivery time cannot be met, we will automatically inform you by email. Should the customer not agree to the delayed delivery, they are entitled to withdraw from the contract without restrictions. EMS Express Mail Service of Austrian Post: If your order is received by us by 2:00 PM (weekdays), delivery within Austria is standardly made by 12:00 PM the following day (weekdays). Please be sure to choose a payment method that allows for immediate shipping (e.g., Mastercard or VISA, instant bank transfer, cash on delivery). For EMS Express shipments abroad, please inquire about the delivery time if needed.

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

18. Shipping costs

Shipping costs are calculated based on the total weight of your order and the delivery address. Therefore, shipping costs are calculated according to the average weights stored in the shop. These weight specifications also include packaging. Depending on the size/weight and scope of delivery, the goods are shipped via Austrian Post (Post AG). http://www.post.at DHL, DPD. Packaging is included in the price of the goods and becomes the property of the customer. Free in-store pickup is only possible by prior telephone appointment. Please refer to the item description for shipping costs.