Terms of Service

Scope of validity and provider

These General Terms and Conditions of Business apply for all orders that you make via the online shop of

Theodor R. Rist Gesellschaft m.b.H.
Haus- und Küchengerätegroßhandel
Richard-Strauss-Straße 15
1230 VIENNA.

Managing directors: Theodor R. Rist, Ing. Mag. Theodor Oliver Rist, Mag. (FH) Markus Rist

Telephone: +43 - (0)1 - 667 97 71 - 0
Fax: +43 - (0)1 - 667 97 71 - 17
E-mail: office@rist.at


•    The range of products offered in our online shop is directed at companies as well as consumers (who are aged 18 or over).
•    Our deliveries, services and offers are made solely on the basis of these General Terms and Conditions of Business. Terms and conditions of business of the customers or third parties do not apply even if Theodor R. Rist Gesellschaft m.b.H. does not object separately to their validity in individual cases.
•    The language of contract is German.
•    The contract is subject to Austrian law under the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
•    Solely the materially competent court in Vienna is responsible for deciding on disputes arising in connection with the contractual relationship.
•    You can retrieve and print out the currently valid General Terms and Conditions of Business for the Rist online shop on the website.

Offer and conclusion of contract

•    The presentation of the products in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
•    Some of the product images shown are symbolic images.
•    Changes in the offer, technical changes, error in the content and delivery option reserved. All information is subject to change.
•    By clicking on the "Purchase now" button you submit a binding offer to purchase.
•    After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt).  This confirmation of receipt does not yet constitute an acceptance of your offer to purchase. A contract does not come into effect as a result of the confirmation of receipt.
•    A purchase contract for the goods does not come into effect until we explicitly declare the acceptance of the purchase offer or until we send the goods to you – without a prior explicit declaration of acceptance.

Prices and payment

•    The prices indicated in this offer are fundamentally net prices exclusive of VAT. An exception are registered private customers logged into the online shop; for these customers, the prices are displayed including VAT. All prices indicated in our online shop are exclusive of the respective shipment costs.
•    All earlier price information becomes invalid when this offer is published.
•    Payment is done by cash on delivery, credit card. The payment method “on account” (payment after receipt) is available for registered VIP customers. In the case of a purchase on account, we carry out a credit rating check based on which we decide whether you will be accorded the payment method “on account”.
•    If you fall into arrears with a payment, you are obligated to pay the statutory arrears interest of 1.5% p.m. above the bank interest rate. All dunning and collection charges are to be reimbursed.
•    If circumstances become known after the contract is concluded that give cause to doubt the creditworthiness of the customer and as the result of which the payment of the still outstanding receivables arising from the respective contractual relationship is placed at risk, Theodor R. Rist Gesellschaft m.b.H. is entitled to withdraw from the contract.
•    Theodor R. Rist Gesellschaft m.b.H. is entitled to increase the prices appropriately if the delivery date is more than 6 months after the conclusion of the contract. The prices valid on the date of delivery then apply. The prices will be adjusted to the changed price bases (material, wages, etc.).

Delivery and retention of title

•    Unless otherwise agreed, the goods will be delivered from our warehouse to the address indicated by you.
•    With the handover of the subject of delivery to the forwarding agent, haulage contractor or to another third party designated for implementation of the shipment, the risk will be transferred to the customer. This also applies if partial deliveries are made. If the shipment is delayed due to circumstances for which the customer is responsible, the risk will be transferred to the customer at the point in time at which Theodor R. Rist Gesellschaft m.b.H. is ready to ship the goods and has notified this to the customer.
•    The goods remain our property until complete payment of the purchase price. The vendor is also explicitly entitled to file a right of recovery in the event that the buyer urgently requires the goods to continue its company. The buyer hereby waives explicitly for itself and its legal successors invoking legal provisions to the contrary that exclude a right of recovery or that are attached to whatever terms and conditions.
•    Theodor R. Rist Gesellschaft m.b.H is entitled to make partial deliveries if the customer does not incur any significant additional effort and/or additional costs as a result.
•    The delivery is to be checked for completeness and intactness when the delivery agent is present. Defects are to be noted on the shipping documents and acknowledged by the delivery agent.

Correct conduct on takeover of the delivery

•    The goods ordered by you will be conscientiously checked and carefully packed. Only accept packages that are undamaged externally as well as packages that do not suggest that anything is broken when you shake them!
•    Report any damage to us within 14 hours from delivery (in writing or orally)!
•    Keep the defective consignment – defective goods and packaging – at our disposal!

Warranty

Any warranty claims are to be filed within a limitation period of 6 months from delivery, whereby the respectively current statutory period will be applied in all cases towards consumers.

Returns service

You have a right to return goods within 14 working days. The period of cancellation commences on the day of delivery (Saturdays, Sundays and public holidays do not count). The cancellation or the declaration of withdrawal must be sent within the aforementioned period by e-mail, fax or post and the goods delivered must be sent back to us. The return shipment is done at the costs and risk of the customer. On receipt of the goods at our company, we will reimburse the purchase price paid. We reserve the right to charge an appropriate fee for the handling, any reduction in value and the restorage of the goods. The right of cancellation does not apply for custom-made products, used products and goods that due to their nature are unsuitable for a return. For order volumes that are outside of our usual volumes sold, we reserve the right to refuse the right of return.

Information on the right of cancellation for consumers can be found here: www.rist.at/?page_content=disclaimer

Final provisions

•    If one or more provisions of these General Terms and Conditions of Business should be or become invalid, this will not affect the validity of the other provisions.
•    The place of performance and sole place of jurisdiction for all disputes arising from the business relationship between Theodor R. Rist Gesellschaft m.b.H. and the customer is Vienna. Austrian law applies.
•    Side agreements must be made in writing.

Copyright notice

Any use of images and graphics by third parties requires written consent from Theodor R. Rist Gesellschaft m.b.H.


Status: 01.01.2016