1. Your contractual partner
When ordering from Upgrademycar, the contract is concluded with:
R-Trade GmbH
Wienerbergstrasse 11/12a
A-1100 Vienna
Austria
info@upgrademycar.at
2. 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 that we have received your order and setting out its details (order confirmation). This order confirmation does not constitute 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.
2.1. Order process
a) Shopping Cart
Select the products you would like to order by clicking the "Add to Cart" button. This will add your selection to the shopping cart. You can change this selection at any time until you submit your order by changing the number of products, deleting the selection by clicking on the "Remove" box or canceling the ordering process. By clicking on the “Checkout” button you will go to the next ordering step.
b) Cash desk
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. By clicking the “Continue” button you will go to the next ordering step.
c) Check billing address/select payment method
Now check your billing address and enter your desired payment method. By clicking the “Continue” button you will go to the next ordering step.
d) Check shipping address/select shipping method
Now check your shipping address and enter your desired shipping method. By clicking the “Continue” button you will go to the next ordering step.
e) Complete the order process/General 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 continue with the order if you agree to the 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 hereby submit a legally binding offer.
2.2. Storing your order
We save your order and the order details you entered. We will send you an order confirmation with all order details 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 access the orders you have placed at any time.
3. Contract language - delivery countries
The contract content, all other information, customer service, data information and complaint resolution are only offered in German. The offer from Maxton Design AT (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 upon request. Deliveries or shipping costs for destination countries not listed and outside the EU countries only on request.
4. Prices
The prices apply at the time of ordering including the statutory 20% VAT plus all shipping costs. All fees and expenses are visible in the shopping cart before the contract is concluded and then in the order confirmation sent to the customer. If export or import taxes become due during shipping, these will also be borne by the purchaser (you can obtain information about this from your local customs office). For sales to entrepreneurs within the EU, no Austrian sales tax is due if the UID (VAT) is provided; they must pay the sales tax in their home country. Billing takes place in euros.
5. Warranty, liability, guarantee
The warranty is based on the legal provisions. It is limited to the statutory period of 24 months from the time the buyer takes delivery of the goods or, in the case of services, from the completion of the service. If there are justified complaints about defects, either a free replacement or an improvement will be made, for which a reasonable period of time must be granted. If an exchange or improvement is not possible (not possible, excessive effort, unreasonable, delay in deadline, etc.), then the buyer is entitled to a price reduction or, if the defect is not minor, to cancellation of the contract (cancellation). Any defects that occur must be reported upon delivery or after they become visible, whereby failure to disclose them upon delivery or after they become visible has no influence on the consumer's warranty claims. If the purchase is a commercial transaction (B2B) for the customer, he must inspect the goods no later than 2 weeks after receipt and report it to us immediately if a defect is discovered. Our company is only liable for damages caused by intent or 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 (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. Our company, as the operator of the online shop mentioned in the legal notice, provides the services with the greatest care, but is not liable for the services provided by or obtained from third parties. The guarantee must be claimed from the guarantor (the manufacturer/sometimes also the seller if this is the manufacturer) and is carried out in accordance with their provisions. Please refer to the contract confirmation for any warranty conditions. Claiming the guarantee does not limit the statutory warranty. When shipping the goods in consumer transactions, the risk of loss or damage to the goods only passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer and other than the carrier. However, if the consumer himself has concluded the transport contract without using one of the options we have suggested, the risk is transferred to the carrier when the goods are handed over.
6. Applicable law, place of jurisdiction
The contractual partners agree on the application of Austrian law.If the consumer has his domicile or habitual residence in the country or is employed in the country, an action against him can only be brought under the jurisdiction of the court in whose district the 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 and all provisions that refer to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. Our company headquarters is agreed as the place of jurisdiction for contracts with companies.
7. Place of performance for entrepreneurial transactions
The place of performance for all services under the contract is our company headquarters.
8. 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 our customer service at info@upgrademycar.at or the Internet Ombudsman at: http://www.ombudsmann.at
