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 items on 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 receipt of your order and listing its details (order confirmation). This order confirmation does not constitute acceptance of your offer, but merely informs you that we have received your order. A purchase contract is only concluded when we confirm the order by sending you a textual order confirmation within 5 days of sending the order confirmation.
2.1. Ordering process
a) Shopping cart
Select the products you wish to order by clicking the "Add to Cart" button. This will place your selection in your shopping cart. You can change this selection at any time up until you submit your order by changing the quantity, deleting the selection by clicking the "Remove" checkbox, or canceling the order process. Clicking the "Checkout" button will take you to the next step in the order process.
b) Cash
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 (Privacy 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. Clicking the "Continue" button will take you to the next ordering step.
c) Check billing address / select payment method
Now check your billing address and enter your preferred payment method. Click the "Continue" button to proceed to the next ordering step.
d) Check shipping address / select shipping method
Now check your shipping address and specify your preferred shipping method. Click the "Continue" button to proceed to the next ordering step.
e) Complete the 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 read the General Terms and Conditions carefully. You can only proceed with the order if you agree to the General 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. Storage of your order
We save your order and the order data you enter. 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 submitting your order to us. If you have set up a customer account with us, you can also access your orders at any time through this account.
3. Contract language - delivery countries
The contract content, all other information, customer service, data information, and complaint handling are offered only in German. The offer of Maxton Design AT (R-Trade GmbH) is primarily aimed at customers (consumers and companies) in Austria.If the customer accepts German as the contractual language, deliveries to other EU countries will also be made upon request. Deliveries or shipping costs for destinations not listed and outside the EU are only available upon request.
4. Prices
Prices are valid at the time of order, including the statutory 20% VAT plus all shipping costs. All fees and charges are shown in the shopping cart before the contract is concluded and subsequently in the order confirmation sent to the customer. Any export or import duties incurred during shipping are also the responsibility of the customer (information on this can be obtained from your local customs office). For sales to businesses within the EU, no Austrian sales tax is charged upon presentation of proof of VAT; these businesses must pay the VAT in their home country. Billing is done in euros.
5. Warranty, liability, guarantee
The warranty is governed by statutory provisions. It is limited to the statutory period of 24 months from receipt of the goods by the buyer or, in the case of services, upon completion of the service. In the case of legitimately reported defects, either a free replacement or improvement will be made, subject to a reasonable period of time. If replacement or improvement is not possible (not possible, excessive expense, unreasonable, delayed delivery, etc.), the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (rescission). Defects that occur should be reported upon delivery or upon their discovery, if possible. Failure to report them upon delivery or upon their discovery by the consumer has no influence on their warranty claims. If the purchase is a commercial transaction for the customer (B2B), they must inspect the goods no later than two weeks after receipt and notify us immediately of any defects discovered. Our company is liable exclusively for damages caused by intent or gross negligence. This does not apply to personal injury or to consumer transactions. Unless the transaction is a consumer transaction, the injured party must prove the existence of slight or gross negligence. Compensation for consequential damages (due to defects), as well as other property damage, financial losses, and damages to third parties
against the customer, unless it is a consumer transaction, is excluded. Our company, as the operator of the online shop named in the imprint, provides the services with the utmost care, but is not liable for services provided or purchased from third parties. The guarantee must be asserted against the guarantor (the manufacturer/sometimes also the seller, if the manufacturer is the manufacturer) and is subject to their terms and conditions. Any guarantee conditions can be found in the contract confirmation. Claiming the guarantee does not limit the statutory warranty. When goods are shipped 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 transport contract themselves without using a selection option suggested by us, the risk passes to the carrier when the goods are handed over to the carrier.
6. Applicable law, place of jurisdiction
The contracting parties agree to the application of Austrian law.If the consumer has their domicile or habitual residence in the country, or if they are employed in the country, jurisdiction for any legal action against them shall be limited to the court within 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 related to the CISG are expressly excluded. For contracts with companies, our registered office is agreed as the place of jurisdiction.
7. Place of performance for business transactions
The place of performance for all services under the contract is our registered office.
8. Arbitration Board
We recognize the Internet Ombudsman as an out-of-court dispute resolution body. For further questions regarding dispute resolution, please contact Please contact our customer service at info@upgrademycar.at or the Internet Ombudsman at: http://www.ombudsmann.at
