General Terms and Conditions

 

 

1) Area of application and supplier
2) Conclusion of the contract
3) Prices
4) Delivery costs
5) Conditions of delivery and stock disclaimer
6) Conditions of payment
7) Consignation of the invoice electronically by email
8) Reservation of proprietary rights
9) Right to cancel
10) Transport damage
11) Risk-bearing during delivery
12) Guarantee
13) Liability
14) Ineffective clauses
15) Place of jurisdiction and applicable law
16) Place of fulfilment

 

Section 1: Area of application and supplier

These General Terms and Conditions are valid for all orders made by customers through the online store of

myRobotcenter Europe, myRobotcenter GmbH, Hauptstrasse 25, 6840 Götzis, Austria

Contact:

Customer services: Mon–Fri: 9am - 12pm and 2pm - 5pm
Email: office@myRobotcenter.eu
Internet: www.myRobotcenter.eu

 

Information, inquiries and complaints: office@myRobotcenter.eu

Legal status: GmbH

Headquarters: Götzis, Austria

Proprietor: myRobotcenter GmbH, Hauptstrasse 25, 6840 Götzis, Austria

Legal provisions: Trade, Commerce and Industry Regulation Act www.ris.bka.gv.at

Business description: Electronic goods retailer

Management: Mag.* (FH)** Christian Sommer & Mag. Daniel Ströhle

Chamber affiliation: Member of the Austrian Chamber of Trade and Commerce, Trade Section

Nature of the business: Trade in household and service robots

Registration court: Feldkirch Regional Court

Commercial register number: 292455g

VAT number: ATU63349148


hereinafter referred to as „myRobotcenter Europe“.

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.

myRobotcenter Europe is a certified online shop and has voluntarily accepted the following code of conduct:


myRobotcenter Europe is certified by Trusted Shops and has committed itself to the Trusted Shops quality criteria which can be viewed at www.trustedshops.eu.

 

* MA, Austrian equivalent
** FH = University of Applied Sciences
 

Section 2: Conclusion of the contract

2.1: The product descriptions in the online shop serve as an invitation to submit a purchase offer. By clicking the button ‘buy now’ you are making a binding offer to purchase the goods. Our products are sold only for private use in quantities that are normal for domestic households.

2.2: 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. Confirmation of receipt of your order and the acceptance of that order is made by automated email directly after you place the order. Please note that this email is only an acknowledgement of receipt of your order and the contract to purchase these items is not complete until we send you another email confirming acceptance of your order.

2.3: Should our confirmation of the order contain writing or printing errors, or should the setting of our prices be affected by technical errors in communication, we shall be entitled to appeal, although we must prove our error to you in such cases. Any payments already made will be refunded to you without delay.

2.4: The language of the contract, the order and the business transaction is English.

 

 

Section 3: Prices

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

 

 

Section 4: Delivery costs

4.1: We charge a flat rate of 10 euros per order for delivery within Europe.

 

 

Section 5: Conditions of delivery and stock disclaimer

5.1: Deliveries are only made within Europe by GLS.

5.2: GLS international delivery times:

Belgium 2 working days
Bulgaria 5 to 6 working days
Croatia 2 to 3 working days
Czech Republic 2 working days
Denmark 2 working days
Estonia 4 to 5 working days
Finland 4 to 6 working days
France 2 to 3 working days
Hungary 2 working days
Ireland 4 working days
Italy 2 to 3 working days
Latvia 4 to 5 working days
Lithuania 4 to 5 working days
Luxembourg 2 working days
Netherlands 2 working days
Poland 3 working days
Portugal 4 to 6 working days
Romania 2 working days
Slovakia 2 working days
Slovenia 2 working days
Spain 4 to 6 working days
Sweden 3 to 5 working days


5.3: Should some of 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 we still be unsuccessful in delivering the goods despite making three delivery 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 to you any payments you have made without undue delay.

 

 

Section 6: Conditions of payment

6.1: Payment is made via PayPal (optional via credit card), Amazon Pay or by payment in advance.

6.2: If you choose the advance payment option we will inform you of our bank details in the confirmation of your order. The invoiced amount must be transferred to our account within 5 days.

6.3: For the payment option Amazon Pay, an Amazon account is required. You’ll find detailed information about the functionality and the security of Amazon Pay as well as the creation of an Amazon account on pay.amazon.com.

6.4: 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.

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

 

 

Section 7: Consignation of the invoice electronically by email

7.1: Approval for electronic invoicing: You agree that we are entitled to submit our invoices electronically to the email address provided by you. You waive a consignation of the invoice by post.

7.2: Delivery of the invoice: The customer must ensure that all electronic consignations of the invoice by email through myRobotcenter can be duly delivered to the email address provided by the customer and that technical devices such as filter programs or firewalls are adapted accordingly. Any automated electronic replies to myRobotcenter (e.g. notice of absence) cannot be taken into account and do not preclude valid delivery.   

7.3: Email address: The customer must immediately notify myRobotcenter in writing (by email) of a change of email address. Consignations of invoices from myRobotcenter to the email address last announced by the customer shall be considered received if the customer has not announced a change to his/her email address to myRobotcenter.

7.4: Revocation: The customer can revoke his/her consent to the electronic consignation of the invoice by email at any time. Upon receipt and processing of the revocation (at least in writing, by email) at myRobotcenter, the customer will from then on receive invoices by post to his/her last known postal address. myRobotcenter reserves the right to transfer the method of invoicing from email to the last known postal address, for good cause.

 

Section 8: 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.

 

 

Section 9: Right to cancel

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

 

Right to cancel

You have 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 final good. You must inform us if you wish to exercise your right to cancel:


myRobotcenter Europe

myRobotcenter GmbH

Hauptstrasse 25

6840 Götzis, Austria

Email: office@myRobotcenter.eu

 

You must inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You may use the cancellation form template, but this is not obligatory 

 

You can also submit 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 exercising your right to cancel before the cancellation period has expired.

 

 

Effects of cancellation

If you cancel this contract, we will reimburse you for all payments received from you, including the costs of delivery (with the exception of the supplementary costs incurred if you chose a type of delivery other than the least expensive method 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 the 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 were informed about your decision to cancel this contract.


We will make the reimbursement using the same means of payment 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 returned goods or you have supplied evidence of having returned the goods, whichever is the earliest.


You shall return 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 withdrawal from this contract with us. The deadline is met if you return the goods before the period of 14 days has expired.

 

You will have to bear the direct cost of returning the goods. Please send the goods back to following address:

 

myRobotcenter logistics department

Schwefelbadstraße 2 / Hall A15

6845 Hohenems, Austria


You are only liable for any diminished value of the goods resulting from handling other than that which is necessary to establish the nature and characteristics of the goods and to ensure that they are in proper working order.

The following right of cancellation is only valid for consumers.


End of right to cancel


9.2: Please avoid damaging and soiling the goods. 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 resulting from inadequate packaging.

 

9.3:  Please note that the arrangements noted in section 9.2 are not a prerequisite for effective exercising of the right to cancellation.

 

Section 10: Transport damage

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

10.2: Neglecting to register a complaint with the delivery agent or failing to get in contact with us has no effect on your statutory guarantee rights. Doing so would however help us with asserting our own claims against the delivery company and/or transportation insurance provider.

 

Section 11: 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 12: Guarantee

12.1: The guarantee is limited to the statutory period of 24 months from the date the consumer receives the goods, or the date the service was ordered. Where a justifiable complaint has been lodged about a defect, a free replacement will be provided, or the defect will be rectified, for which an appropriate period of time must be allowed. If an exchange or rectification is ruled out (not possible, too expensive, unreasonable, deadline delay), the customer has the right to a reduction in price or, if the defect is not insubstantial, to cancel the contract (revocation). If possible, defects are to be reported upon delivery or upon detection. If the purchase is a business transaction for the customer (B2B), they must examine the goods within 2 weeks of receipt at the latest and report any defects to us without delay.

Our company is only liable for damages in cases of intent and gross negligence. This liability does not apply to cases of personal injury and/or consumer business. Insofar as it is not a matter of consumer business, the injured party must prove the existence of cases of slight and gross negligence. The possibility of compensation to the customer for consequential damages (arising from defects), other damage to property, pecuniary losses and damages to third parties, insofar as it is not a matter of consumer business, is excluded. Our company, as the operator of the online shop named in the legal notice, renders the services offered with the utmost care, however, we are not liable for services provided or purchased by third parties.

Guarantee claims should be made to the guarantor (the manufacturer/sometimes also the retailer if these are the same) and are effected according to their provisions. Claims on the guarantee do not affect the statutory guarantee.

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

 

 

Section 13: Liability

We are not liable for slightly negligent breaches of duty insofar as these are not related to material contractual obligations, damages arising from injury to life, body and health, or to guarantees, or if they affect claims arising from the product liability law. The same is valid for breaches of duty on the part of our vicarious agents.

 

 

Section 14: Ineffective clauses

Should a provision in these General Terms and Conditions be invalid, the rest of the contract remains valid. The appropriate statutory regulations shall be in force to replace the ineffective provision.

 

 

Section 15: Place of jurisdiction and applicable law

15.1: The legal places of jurisdiction are valid. Therefore the competent court is that of the administrative district of the consumer’s home, usual place of residence or place of employment.

15.2: These Terms and Conditions and the contracts entered into under these Terms and Conditions are subject to Austrian material law. The UN Convention on Contracts for the International Sale of Goods is excluded.

 

 

Section 16: Place of fulfilment

The place of fulfilment for all transactions is the company headquarters.

 

 

 

Correct as of: Dec 2017