General terms and conditions

The customers are consumers in the sense of § 1 para. 1 no. 2 KSchG.

For the purpose of better readability, no gender-specific differentiation is made. This is done without discriminatory intent.

The customer shall refrain from any action that could jeopardize or impair the technical provision of the online store (including cyber attacks). Such behavior will be prosecuted.

By clicking the button “Order subject to payment”, the customer makes a binding offer to conclude a contract with the PROVIDER. The PROVIDER is not obliged to accept this offer. The Provider shall confirm receipt of an offer to the Customer by e-mail to the address provided by the Customer (“Order Confirmation”). This e-mail does not constitute an acceptance of the offer by the PROVIDER. The PROVIDER may accept offers by confirming the acquisition of the offer in another e-mail (“order confirmation”) or by sending the ordered goods or services.

The products are sent within two days to two weeks. If the PROVIDER is prevented from meeting the delivery deadline due to force majeure (e.g. natural disasters or epidemics), the PROVIDER shall inform the customer of this as soon as possible. In such cases, the delivery period shall be extended by the duration of the events.

The payment methods accepted by the PROVIDER are listed on the “Payment methods” page.

Whether the payment is made monthly (continuing obligation) or once (target obligation) depends on the agreement between PROVIDER and the customer.

Payment shall be made by bank transfer to the account indicated by the PROVIDER.

The claims of the PROVIDER shall become due upon invoicing. If the receivables are not paid within seven days, the PROVIDER will charge 4% per year in statutory interest on arrears from the due date. For reminders, an expense allowance of EUR 25.00 per reminder may be charged.

The customer has the right to revoke his contractual declaration or an already concluded contract within fourteen days without giving reasons if the contract was concluded electronically. The withdrawal period is fourteen days from the day, (i) in the case of sales contracts and other contracts for the purchase of goods, on the day on which the consumer or a third party not acting as a carrier and designated by the consumer acquires possession of the goods; (ii) if the customer has ordered several goods as part of a single order, which are delivered separately, on the date on which the customer or a third party designated by the customer and not acting as a carrier acquires possession of the last goods delivered;L (iii) in the case of delivery of goods in several partial consignments, on the day on which the customer or a third party not acting as carrier and designated by the customer acquires possession of the last partial consignment; or (iv) in the case of contracts for the regular delivery of goods over a fixed period of time, on the day on which the customer or a third party designated by the customer and not acting as a carrier acquires possession of the goods first delivered.

In order to exercise the right of withdrawal, the customer must inform the PROVIDER by means of a clear declaration (e.g. a letter or e-mail sent by post) of the decision to withdraw from this contract. the Customer may use the model withdrawal form, which is listed in Annex 1 B of the Distance and Upward Transactions Act (https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abrafe=Bundesnormen&Gesetznummer=20008847) and can also be found on the PROVIDER’s website.

Revocation notices are to be sent to the following address:

Martin Hopfgartner
10.Oktoberstraße 3
9754 Steinfeld
Austria

or:
HGM-Rack-Solutions@gmx.at

In order to comply with the withdrawal period, it is sufficient that the customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. If this option is used, the customer will be sent a confirmation of receipt of such revocation. If the customer cancels the contractual statement or cancels a contract that has already been concluded, the PROVIDER must repay all payments that it has already received from the customer, including the delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the favorable standard delivery offered by the PROVIDER) without delay and at the latest within fourteen days from the day on which the notification of cancellation of this contract is received by the PROVIDER. For the repayment, the PROVIDER uses the same means of payment that the customer used in the original transaction.

We may refuse repayment until we have received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.

The customer shall bear the direct costs of the return shipment. If a loss in value of a good is due to the fact that the good has been used in a way that is not necessary for the examination of the condition, the customer shall be liable for this loss in value.

The liability of the PROVIDER for slight negligence is excluded. Liability is generally limited to the order value of the goods or services purchased by the customer. This does not apply in the event of intentional damage.

This limitation of liability shall not apply with regard to personal injury or under the Product Liability Act.

It is expressly pointed out that the PROVIDER assumes no liability for the proper and legally compliant installation of the roof racks, unless the PROVIDER was expressly commissioned with the installation.

It is the customer’s responsibility to make sure that the purchased goods are suitable for their own vehicle. The PROVIDER shall have no duty of disclosure in this respect unless expressly agreed otherwise.

The final assurance of tightness at the connections on the vehicle is the responsibility of the customer, no liability is assumed for damage.

All load ratings are based on in-house testing. It is the customer’s responsibility to comply with the approved roof loads of the respective vehicle!

The customer is requested to inform himself in advance about the approvability of our products in the respective country.

The transfer of data and information to the respective required business partners is permitted to the extent necessary for the fulfillment of the contractual relationship. Otherwise, the contracting parties are obligated to maintain secrecy about the circumstances and data related to the other party of which they become aware due to the present business relationship and, in particular, to observe data secrecy. These data and business secrecy obligations shall also apply beyond the contractual relationship.

The customer has the right to object to the processing of his data for advertising purposes (Art 21 para 2 DSGVO