As of 12 October 2020
Please note: The translation from the German original is for information purposes only. No liability is assumed for inaccuracies and translation errors. Only the original German text is decisive.
1. Conclusion of a contract
These General Terms and Conditions (hereinafter referred to as "GTC") describe the contractual relationship between the company Rauch Import GmbH (hereinafter referred to as "we") and retailers who do business with Rauch Import GmbH products (hereinafter referred to as the "customer") by linking the respective retailer's website to a designated retailer page on our website.
The services described in these GTC are only provided to entrepreneurs (please refer to § 1 UGB/Austrian Commercial Code) who trade in our products within the scope of their business operations.
Contracts concerning the linking of retailer websites on our website shall be concluded exclusively in accordance with these GTC. The customer’s GTC do not apply.
All our offers are stated in the GTC. The offers shown on our website, in advertising materials, in newsletters or in any other way are subject to change. The contract in question is only concluded when we confirm the order or provide the respective product or service. We are entitled to decline contract conclusions with customers without giving reasons.
2. Offer and conclusion of contract
In the context of the contract at hand, we place a link to the customer's website on the designated retailer sub-page of our website www.rauch-import.at. There we also publish the customer’s contact information such as address, email address, telephone number or fax number. We may also add other information such as: Customer's logo, photographs of customer's location, customer's location on a map, information about the products sold by the customer, further information about the customer. The customer benefits from the website traffic and the good search engine ranking. Linking will most probably bring more visitors to the customer's website.
With the exception of the services mentioned above, we do not provide any further services for the customer under this contract unless we submit a written confirmation.
We provide the above-mentioned services within 4 weeks at the latest from receipt of the full payment owed by the customer for the provision of the services.
3. Fee, payment
The customer owes an annual fee. This fee is agreed upon conclusion of the contract for the provision of the services specified under this contract.
All fees are subject to value added tax.
The agreed fee plus the applicable value added tax is payable without deduction within 14 days of receipt of the invoice and must be transferred to our company account.
4. Termination of contract
Both we and the customer are entitled to terminate this contract at any time without giving reasons.
Payments made by the customer are not refunded unless the contract is terminated by us without good cause before the link is set up or within 4 weeks after the first set-up of the link.
If we terminate the contract, we are entitled to remove the link and all information about the customer from the website immediately. If the customer terminates the contract, the removal of the link and the customer information may take up to 4 weeks from the date of termination. Within this period the customer may not claim removal.
5. Disclosed data
The customer is responsible for the accuracy of all the data that is necessary for linking. In particular, the link provided must actually lead to the customer's website and the customer must always be available under the contact details provided. All data must be true and may not be misleading.
The customer is obliged to inform us immediately of any change of data.
If the disclosed data contains personal data, the customer shall ensure that this data disclosure and the publication of the data on our website does not violate the data protection rights of the persons concerned.
We are entitled to remove links or individual data if we find out or have reasonable grounds to suspect that such links or data contradict the provisions above.
6. Warranty, liability
We always strive to keep our website available and up-to-date. However, we cannot always guarantee availability, functionality or a certain number of visitors to the website.
The customer must ensure that the personal data provided by him/her to be linked and published on our website does not infringe the rights of third parties. If this provision is violated, the customer fully indemnifies us for any third-party claims.
The customer fully indemnifies us for any claims and demands made against us in connection with the linking to the website disclosed by him/her in accordance with § 17 ECG (e-commerce law).
Our liability in this contractual relationship is limited to the amount of the agreed fee the customer has to pay to us, unless we cause personal injury or damage by willful intent or gross negligence.
7. Changes to these GTC, price adjustments
We are entitled to change these GTC at any time. We use the provided contact details to inform the customer about any changes (usually by e-mail). The new/amended terms and conditions become part of the contract unless the customer terminates the contract within 4 weeks of receipt of the notification.
Even when we change the GTC, we are entitled to charge the customer a recurring fee for providing the link on our website.
We link the customer’s website to the designated retailer sub-page on our website. We are entitled to change the design, content and/or URL of the designated retailer sub-page at any time without consultation with the customer. In particular, we may change on the designated retailer sub-page which other retailer websites we link at any time.
Unless otherwise stipulated in these GTC, the provisions of our main GTC, which can be read at www.rauch-import.at/allgemeine-geschaeftsbedingungen, shall apply in the version valid at the time of conclusion of the contract.
We are happy to help!
+43 6232 33 99 0