Distance Sales Contract
General Terms and Conditions & Distance Sales Contract
Rota Möbel GmbH
1. Scope and Contractual Partner
1.1. These General Terms and Conditions apply to all orders placed by consumers via the online shop of Rota Möbel GmbH.
1.2. The contractual partner of the customer is:
Rota Möbel GmbH
[Insert Address]
[Insert Postal Code City, Austria]
Email: [Insert Email Address]
Phone: [Insert Phone Number]
Commercial Register No. (FN): [Insert FN]
Commercial Court: [Insert Court]
VAT Identification No. (UID): [Insert ATU Number]
1.3. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 1 Austrian Consumer Protection Act - KSchG).
2. Conclusion of Contract
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order.
2.2. By clicking the button "Order with obligation to pay" (or a corresponding unambiguous wording), the customer places a binding order for the items contained in the shopping cart.
2.3. The receipt of the order is confirmed together with the acceptance of the order immediately after sending via an automated email (Order Confirmation). The purchase contract is concluded upon receipt of this email confirmation.
3. Prices, Shipping Costs, and Payment Terms
3.1. All listed prices are final prices including the statutory Austrian value-added tax (VAT).
3.2. Delivery and shipping costs are charged in addition to the indicated product prices. Applicable shipping costs are clearly specified during the checkout process.
3.3. Customers can choose from the payment methods offered in the online shop (e.g., credit card, Klarna, PayPal, instant bank transfer).
4. Delivery and Transport
4.1. Delivery shall be made to the delivery address specified by the customer.
4.2. Unless otherwise agreed, the delivery period shall not exceed 30 days from the conclusion of the contract. For custom-made furniture, the estimated delivery time is indicated on the respective product page.
4.3. If a product is unavailable, the customer will be informed immediately, and any payments already received will be refunded without delay.
5. Right of Withdrawal (Austrian Distance and Off-Premises Contracts Act – FAGG)
Cancellation Policy
Right of Withdrawal:
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last item in the case of partial deliveries).
To exercise your right of withdrawal, you must inform us:
Rota Möbel GmbH
[Insert Address]
Email: [Insert Email Address]
Phone: [Insert Phone Number]
of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.
Effects of Withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back 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 to us. The deadline is met if you send back the goods before the period of 14 days has expired.
Cost of Return:
You will bear the direct cost of returning the goods. For goods that cannot be returned by standard post due to their nature (e.g. freight goods / bulky furniture), the costs are estimated at a maximum of approximately [Insert amount, e.g. €150].
Exclusion of the Right of Withdrawal (§ 18 FAGG):
The right of withdrawal does not apply to contracts for the supply of goods made to customer specifications or clearly personalized (e.g., custom-built furniture, specific fabric selections made upon customer request).
6. Retention of Title
The goods remain the property of Rota Möbel GmbH until full payment has been received.
7. Warranty and Liability
7.1. Statutory warranty rights under Austrian law apply (in particular VGG and ABGB). The statutory warranty period is 2 years from the date of delivery.
7.2. Rota Möbel GmbH shall only be liable for damages in cases of intent or gross negligence. This limitation does not apply to personal injury.
8. Data Protection
Personal data is processed strictly in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). For detailed information, please refer to our separate Privacy Policy.
9. Applicable Law, Jurisdiction, and Dispute Resolution
9.1. This contract shall be governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules. For consumers, this choice of law applies only to the extent that statutory consumer protection provisions of their country of residence remain unaffected.
9.2. For consumer disputes, the court located at the consumer's place of domicile or habitual residence shall have jurisdiction.
9.3. The European Commission provides a platform for online dispute resolution (ODR):
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
To:
Rota Möbel GmbH
[Insert Add
Email: [Insert Email Address]
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ():
– Ordered on () / received on ():
– Name of consumer(s):
– Address of con
– Signature of consumer(s) (only if this form is notified on paper):
– Date:
( * ) Delete as appropriate.