Legal
General Terms and Conditions
Version: May 2025
of RAYMOVE GmbH, Rohrfeldgasse 11, 2500 Baden, Austria
These General Terms and Conditions (GTC) are divided into two parts: Part A governs business with entrepreneurs (B2B), Part B governs business with consumers (B2C) via the online shop at www.raymove.com. The applicable part is the one corresponding to the respective customer.
PART A
General Terms and Conditions of Sale and Delivery for Entrepreneurs (B2B)
This Part A applies exclusively to entrepreneurs within the meaning of Section 1 (1) (1) of the Austrian Commercial Code (UGB), as well as to legal entities under public law and special funds under public law.
I. General Provisions
- All deliveries, services and offers of RAYMOVE GmbH (hereinafter referred to as RAYMOVE) are made exclusively on the basis of these General Terms and Conditions of Sale and Delivery (hereinafter referred to as GTC). They form an integral part of all contracts which RAYMOVE concludes with its contractual partners (hereinafter referred to as customers) regarding the deliveries or services offered, and also apply to all future business relationships without the need for a separate agreement.
- Terms and conditions of the customer or third parties shall not apply, even if RAYMOVE does not expressly object to their validity in individual cases. Even if RAYMOVE refers to a document containing terms and conditions of the customer, this shall not constitute consent to their applicability.
II. Offer and Conclusion of Contract
- Offers made by RAYMOVE are non-binding. A contract is concluded only upon written order confirmation by RAYMOVE and is governed exclusively by the content thereof and by these GTC.
- Amendments and modifications of the agreements made, including these GTC, must be in writing to be effective.
- The customer is obliged to verify the suitability of the information contained in catalogues, brochures, on the website and in other documents of RAYMOVE for the intended application prior to acceptance. The selection of suitable materials and obtaining information about the possible uses of the product is the responsibility of the customer.
- RAYMOVE is not obliged to verify the accuracy or legal compliance of information and specifications provided by the customer. The customer shall bear sole responsibility for such information, in particular also regarding any infringement of industrial property rights.
- RAYMOVE reserves all rights to images, drawings, technical documents, catalogues and samples produced by it. These may not be made accessible to third parties and must be returned upon request. Disclosure to third parties requires the prior written consent of RAYMOVE.
III. Export Control and Statutory Regulations
- Manufacture and delivery of the ordered goods are subject to the proviso that no statutory regulations, directives or ordinances and no national or international export or import provisions conflict with them.
- Delays due to export inspections or licensing procedures shall override agreed deadlines and delivery periods.
- If RAYMOVE is unable to fulfil the contract due to conflicting statutory regulations or missing approvals, the contract shall, with respect to the affected goods, be deemed not to have been validly concluded from the outset. The customer shall have no claim for damages or compensation for expenses arising from this.
- Obtaining any required import licences shall be the responsibility of the customer. The customer undertakes to observe all relevant (re-)export restrictions, including superior legal frameworks such as EU or US law.
IV. Deliveries, Services and Deadlines
- Unless expressly agreed otherwise in writing, RAYMOVE delivers under the delivery terms "FCA" (Free Carrier) according to Incoterms 2020, place of delivery Rohrfeldgasse 11, 2500 Baden, Austria.
- RAYMOVE is entitled to make partial deliveries, provided that the partial delivery is usable for the customer within the scope of the contractual purpose, the delivery of the remaining quantity is ensured, and no significant additional effort or costs arise for the customer.
- For certain items (e.g. goods sold by length or call-off quantities under framework agreements), RAYMOVE reserves the right to over- or under-deliver by up to 10 % of the ordered quantity.
- For small orders with a net order value of less than EUR 100.00, RAYMOVE reserves the right to charge a processing surcharge of EUR 50.00 in addition to packaging and shipping costs.
- Deadlines and dates indicated by RAYMOVE are approximate only, unless a "fixed date" has been expressly agreed. Where shipment has been agreed, delivery deadlines refer to the time of handover to the carrier, freight forwarder or other transport service provider.
- The commencement of delivery periods is conditional upon all commercial and technical issues being clarified and the customer having fulfilled all of its obligations, in particular any agreed advance payments.
In the event of delivery impediments for which RAYMOVE is not responsible, in particular:
- force majeure (e.g. war, terrorism, riots, pandemics, natural disasters),
- cyber-attacks or virus attacks on RAYMOVE's IT systems despite customary protective measures,
- mandatory national or international regulations of foreign trade law,
- strikes or lockouts,
the delivery period shall be extended by a reasonable amount of time. If the impediments last longer than three months or render performance of the contract impossible, RAYMOVE shall be entitled to withdraw from the contract. The customer shall be informed without undue delay.
- If RAYMOVE is not supplied by a sub-supplier in breach of contract, the delivery period shall be extended by a reasonable amount of time, provided that no reasonable alternative procurement is possible (reservation of self-supply). In the event of permanent impossibility of supply, RAYMOVE shall be entitled to withdraw from the contract.
- If dispatch or delivery is delayed by more than one month after notification of readiness for dispatch at the customer's request, RAYMOVE may charge storage fees of 0.5 % of the value of the goods for each additional month commenced, but not more than 5 % in total. In such cases, the date of notification of readiness for dispatch shall be deemed the date of delivery.
V. Prices
- Unless expressly agreed otherwise, prices are quoted in EUR ex works (FCA) according to Incoterms 2020, place of delivery Rohrfeldgasse 11, 2500 Baden, Austria, excluding freight, packaging, insurance, customs duties, fees and other public charges.
- Additional costs arising from customs duty increases shall be passed on to the customer on a one-to-one basis.
- All prices are exclusive of statutory value-added tax, which is shown separately.
VI. Payments
- Unless otherwise agreed, claims of RAYMOVE are due for payment without deduction within 30 days of the invoice date.
- Payments must generally be made by bank transfer free of charges for RAYMOVE. Payments are deemed to have been made only when the amount is available on one of RAYMOVE's accounts.
- In the event of default of payment, RAYMOVE shall be entitled to claim default interest at the statutory rate. The assertion of higher interest and further damages remains unaffected. Reminder fees of up to EUR 15.00 may be charged for each necessary reminder.
- If, after conclusion of the contract, RAYMOVE becomes aware of a material deterioration in the customer's financial circumstances, RAYMOVE shall be entitled to render outstanding deliveries only against advance payment or provision of security. If such payment or security is not provided within a reasonable additional period, RAYMOVE may withdraw from the contract in whole or in part.
- The customer is only entitled to set off undisputed or legally established counterclaims.
VII. Order Cancellation
- If the customer wishes to modify or cancel an order, in whole or in part, after conclusion of the contract, the customer shall notify RAYMOVE in writing without undue delay. RAYMOVE is not obliged to accept any modification or cancellation of an order.
- A cancellation shall only become effective upon written confirmation by RAYMOVE.
- In the event of order cancellation or default of payment by the customer, RAYMOVE shall be entitled to claim damages for non-performance amounting to at least 15 % of the agreed order price. Both parties shall be entitled to prove a higher or lower amount of damage.
VIII. Passing of Risk and Dispatch
- The risk passes to the customer upon handover of the delivery item to the transport company or other shipping agent.
- If dispatch is delayed due to fault of the customer, the risk shall pass to the customer on the day of notification of readiness for dispatch.
- If no special shipping requirements have been specified in good time, dispatch shall take place by an appropriate route in customary packaging.
- Shipping costs shall be borne by the customer unless otherwise agreed. Transport insurance shall only be taken out at the express request and at the expense of the customer.
- Storage costs after passing of risk shall be borne by the customer. In the event of storage by RAYMOVE, storage costs shall amount to 5 % of the invoice amount per commenced week, unless higher or lower damage is proven.
IX. Retention of Title
- The delivered goods remain the property of RAYMOVE ("goods subject to retention of title") until all claims arising from the business relationship with the customer have been paid in full.
- The customer is only permitted to resell the goods subject to retention of title in the ordinary course of business. Pledging or transfer by way of security is prohibited. The customer hereby assigns to RAYMOVE all claims arising from the resale in the amount of the invoice value plus a security margin of 10 %. RAYMOVE accepts this assignment.
- Any processing or modification of the goods subject to retention of title by the customer shall always be carried out on behalf of RAYMOVE. In the event of processing with other items, RAYMOVE shall acquire co-ownership of the new item in the ratio of the value of the goods subject to retention of title to the other items.
- The customer shall notify RAYMOVE in writing and without undue delay of any access to the goods subject to retention of title by third parties (e.g. attachments) and shall draw their attention to RAYMOVE's ownership. The customer shall bear the costs of defending against such claims.
- In the case of deliveries to other jurisdictions, the customer shall take all necessary steps to grant RAYMOVE corresponding security rights.
- If the customer is in default with material obligations, in particular payments, RAYMOVE may, after setting a reasonable grace period, withdraw from the contract and demand the return of the goods subject to retention of title.
X. Customer-Supplied Products
- If products supplied by the customer are required for production and delivery, the customer shall provide a test certificate confirming that the supplied products conform to the agreed material, dimensions, tolerances and other specifications.
- RAYMOVE is released from the obligation to carry out an incoming goods inspection of supplied products. Warranty claims are excluded to the extent that defects are attributable to faults in the supplied products.
- RAYMOVE assumes no liability for damage to or loss of customer-supplied products.
XI. Warranty, Duty to Inspect and Complaints Procedure
- The customer shall carefully inspect the delivered goods immediately upon receipt. Obvious defects must be notified in writing within five working days of receipt, together with the purchase receipt. Hidden defects must be notified in writing immediately after discovery. If the customer fails to notify defects in due time, the goods shall be deemed approved.
Complaints Procedure
Complaints shall only be recognised if the following procedure is strictly observed:
- Each individual product subject to complaint must be reported separately and in writing. Collective complaints shall not be accepted.
- Each complaint must be accompanied by at least one meaningful photograph of the product complained of.
- The product label or the serial number card must be clearly visible in the photograph so that the respective batch can be unambiguously identified.
- If the photograph is missing or if the batch or serial number is not recognisable, the complaint shall be automatically rejected without further examination.
- RAYMOVE warrants that the deliveries conform to the agreed specifications at the time of the passing of risk. Unless otherwise agreed, the agreed specifications shall be those published by RAYMOVE and valid at the time of the order confirmation. The customer alone remains responsible for the suitability of the products for the intended use.
- Reliability information such as service life, MTBF or long-term stability represents statistically determined average values and does not constitute agreed specifications. Samples are not authoritative for the scope of warranty.
- No claims for defects exist in the case of only insignificant deviation from the agreed specifications, natural wear and tear, or damage arising after the passing of risk due to improper handling, excessive use, unsuitable operating equipment or special external influences. In the event of interventions or modifications by the customer or third parties, all claims for defects shall likewise lapse.
- In the case of justified notifications of defects, RAYMOVE shall, at its option, provide subsequent improvement or replacement delivery. RAYMOVE shall be granted a reasonable period of time for subsequent performance.
- If a notification of defect proves to be unjustified, the customer shall reimburse RAYMOVE for all expenses incurred in this connection (e.g. shipping, customs and inspection costs).
Special Warranty for Batteries
- If a customer order contains batteries or rechargeable batteries, a reduced warranty period of a maximum of 12 months shall apply, commencing on the date of delivery to the customer's warehouse. This provision shall take precedence over any conflicting provisions of these GTC.
- Claims for defects shall become time-barred — subject to the special provision for batteries above — within twelve months from delivery of the goods. The statutory limitation periods apply to claims for damages in cases of intent, gross negligence and injury to life, body or health.
XII. Liability and Damages
- The liability of RAYMOVE for damages, on whatever legal grounds (in particular impossibility, default, defective delivery, breach of contract or tort), is limited in accordance with this clause to the extent fault is required.
- RAYMOVE shall not be liable in cases of simple negligence on the part of its corporate bodies, legal representatives, employees or other vicarious agents, unless this involves the breach of material contractual obligations (cardinal obligations).
- To the extent that RAYMOVE is liable in principle, liability is limited to damages which were foreseeable as a possible consequence of a breach of contract at the time the contract was concluded. Indirect damages and consequential damages shall only be compensable to the extent that such damages are typically to be expected in the case of intended use.
XIII. Industrial Property Rights
- RAYMOVE expressly reserves all industrial property and copyrights vis-à-vis the customer in respect of delivered goods, products, designs, samples, illustrations and documents.
- If a third party asserts justified claims against deliveries of RAYMOVE based on a patent or other industrial property right, RAYMOVE may, at its option, either obtain a licence for the affected items or replace them with items free of such rights. If both options are unreasonable, RAYMOVE shall take back the affected items against reimbursement of the purchase price. Further claims of the customer shall not exist.
XIV. Logos, Trademarks and Warning Notices
- The customer undertakes not to remove, alter, cover or render unrecognisable any logos, trademarks, property rights notices, safety notices or warning notices with which RAYMOVE or the manufacturer has provided the delivery items.
XV. Confidentiality
- The customer undertakes to treat as confidential all commercial, operational and technical information of RAYMOVE which becomes known to it in connection with the business relationship, even beyond the term of the contract.
- The obligation of confidentiality shall cease as soon as the information has become publicly known without violation of any confidentiality obligation.
XVI. Right of Retention, Set-off and Assignment
- Statutory rights of set-off and retention shall be available to RAYMOVE under the statutory conditions.
- The customer is only entitled to set-off or to exercise a right of retention if its counterclaims are undisputed or legally established.
- Claims of the customer against RAYMOVE may only be assigned with the written consent of RAYMOVE.
XVII. Data Protection
- The customer agrees that data received in connection with the business relationship may be stored by RAYMOVE within the scope of the applicable data protection regulations (in particular the GDPR) for the purpose of contract processing and, if necessary, transmitted to third parties (e.g. for credit checks, to insurance companies or transport service providers).
XVIII. Final Provisions
- The place of jurisdiction for all disputes arising from the business relationship between RAYMOVE and the customer shall be Wiener Neustadt, Austria, provided that the customer is an entrepreneur.
- The legal relationship between RAYMOVE and the customer shall be governed exclusively by Austrian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the rules of conflict of private international law.
- Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The contracting parties undertake to replace the invalid provision with a valid provision that comes closest to the economic purpose of the invalid provision.
PART B
General Terms and Conditions for Consumers (B2C) – Online Shop
This Part B applies exclusively to consumers within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG) and governs the ordering, sale and delivery of products offered via the online shop at www.raymove.com.
1. General
- These General Terms and Conditions ("GTC") apply to orders, sales and deliveries of products ("Products") offered and sold via the online shop at www.raymove.com ("Online Shop") by RAYMOVE GmbH, Rohrfeldgasse 11, 2500 Baden, Austria ("Provider").
- The contractual language is German. An English version is provided for information purposes only; in case of discrepancies, the German version shall prevail.
2. Scope of Application
- These GTC apply exclusively where the buyer is a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG) (hereinafter "Customer"). For orders placed by entrepreneurs, the provisions set out in Part A of these GTC apply exclusively.
- The Provider delivers to all member states of the European Union. Applicable shipping costs are displayed transparently to the Customer during the ordering process before the order is placed.
3. Amendments to the GTC
- The Provider reserves the right to amend these GTC. The GTC applicable at the time the purchase is concluded shall apply to the sale of products.
4. Customer Account
- To order products, the Customer may create a customer account in the Online Shop. Creation of the customer account requires the Customer to provide certain information.
- Orders can also be placed without a customer account.
5. Order, Order Confirmation, Shipping Confirmation
The ordering process consists of the following steps:
- selection of the desired goods,
- placing the goods in the shopping cart,
- entering personal data,
- selecting the payment and delivery method,
- reviewing and, if necessary, correcting the order,
- binding submission of the order by clicking the "order with obligation to pay" button.
- The products and price information shown in the Online Shop constitute an invitation to the Customer to make a binding offer to the Provider for the purchase of the products ("Order"). By clicking the button labelled "order with obligation to pay" or any other equivalent wording, the Customer submits a binding order to the Provider. Images and drawings of the goods are approximations only, unless they are expressly stated as fixed values for the product. The Customer accepts minor and objectively justified deviations.
- The Provider will send the Customer a confirmation to the email address provided that the order has been received by the Provider ("Order Confirmation"). This Order Confirmation does not constitute acceptance of the order, but merely confirms its receipt.
Acceptance of the order takes place at different times and in different forms depending on the payment method chosen:
- by sending an order confirmation by email, whereby the time the confirmation reaches the Customer is decisive;
- by dispatching the ordered goods to the Customer, whereby a shipping confirmation sent shall be understood as an order confirmation. If no separate shipping confirmation is sent to the Customer, the time the goods reach the Customer is decisive;
- by sending a request for payment.
- The Customer shall ensure that all information provided in connection with an order, in particular the data required for shipping, is accurate, correct and up to date. Changes to this information must be communicated to the Provider without undue delay.
- After conclusion of the contract, the Provider will send the Customer an electronic invoice. The Customer agrees to receive an electronic invoice.
6. Payment Terms
- All prices stated are in Euros including value-added tax, but excluding shipping costs, unless otherwise indicated. Shipping costs are displayed to the Customer before the order is placed.
- Payment in the Online Shop can be made using the following methods: invoice, instant bank transfer (Sofortüberweisung), advance payment.
- Shipping costs depend on the order and are stated by the Provider before the order is placed as well as in the Order Confirmation.
7. Delivery
- The shipping methods named by the Provider in the Online Shop are available to the Customer. The Provider delivers throughout the entire European Union.
- The delivery dates indicated by the Provider are based on the information provided by the commissioned shipping service provider. Unless a different delivery date is specified for the respective products, the delivery time shall be no more than 30 days from conclusion of the contract.
- If failure to meet the delivery date is due to force majeure, labour disputes or other events beyond the Provider's control, the delivery date shall be extended reasonably for the duration of the impediment. The Provider shall inform the Customer of the beginning and end of such circumstances as soon as possible.
- If the Customer is in default of acceptance of the products, the warranty period for the Provider's performance shall begin to run.
8. Retention of Title
- The Provider retains ownership of the products until the purchase price and ancillary costs (in particular shipping costs) have been paid in full by the Customer.
9. Default by the Provider
- If the Provider is in default with its performance, the Customer must first request the Provider to perform within a reasonable grace period of two weeks. If the Provider fails to perform within this period, the Customer may withdraw from the contract or continue to demand performance.
10. Warranty
- RAYMOVE GmbH provides warranty within the framework of statutory provisions. For complaints, please contact office@raymove.com.
- The Provider may request the Customer to send the defective products, where this is reasonable for the Customer, with the Provider bearing the risk of transmission as well as the costs of return shipment. The Customer is requested to report any goods delivered with obvious transport damage to the delivery service and to inform the Provider. Failure by the Customer to do so shall have no effect on the Customer's warranty claims.
11. Liability and Damages
- The Provider's liability for damages caused by slight negligence — with the exception of personal injury and breaches of essential contractual obligations — is excluded. Liability is further excluded for pure financial losses, loss of profit, damages of third parties, indirect damages and consequential damages arising from defects. The limitations and exclusions of liability under this Clause 11 shall not apply in case of gross negligence or intent on the part of the Provider.
12. General Provisions
- Unless Austrian law applies in any event, the application of Austrian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), is exclusively agreed.
- For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
- The Customer may only set off claims against claims of the Provider if the claims are legally connected with the Provider's claims, have been acknowledged, or have been established by a court.
- The Customer is obliged to notify the Provider of any changes to their address. If the Customer fails to notify a change of address, a declaration sent by the Provider to the address last notified shall nevertheless be deemed received.
- Notice pursuant to Article 14 (1) of the ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), accessible at http://ec.europa.eu/consumers/odr/. The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Right of Withdrawal
(Information for consumers pursuant to the Austrian Distance and Off-Premises Contracts Act – FAGG)
Right of Withdrawal / Right of Cancellation
The term "right of cancellation" ("Rücktrittsrecht") commonly used in Austria corresponds to the term "right of withdrawal" ("Widerrufsrecht") commonly used in Germany and applied in the EU Consumer Rights Directive. We therefore use the equivalent term pair "right of withdrawal (right of cancellation)". In the following notice, only the term "right of withdrawal" is used. It is synonymous with the Austrian term "right of cancellation".
No Right of Withdrawal
- There is no right of withdrawal for goods manufactured according to customer specifications or clearly tailored to personal needs.
- There is no right of withdrawal for goods that can spoil quickly or whose expiry date would be exceeded quickly.
- There is no right of withdrawal for newspapers, periodicals or magazines (with the exception of subscription contracts).
Lapse of the Right of Withdrawal
- For goods delivered sealed which are not suitable for return for reasons of health protection or hygiene, the right of withdrawal lapses if the goods have been unsealed after delivery.
- For audio or video recordings such as CDs, DVDs etc., as well as for computer software delivered in sealed packaging, the right of withdrawal lapses if the goods have been unsealed after delivery.
- For goods which, after delivery and due to their nature, are inseparably mixed with other goods, the right of withdrawal lapses.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period expires fourteen days after the day on which you or a third party named by you, other than the carrier, takes physical possession of the last good.
To exercise your right of withdrawal, you must inform us:
RAYMOVE GmbHRohrfeldgasse 11, 2500 Baden, AustriaPhone: +43-670-1922291Email: office@raymove.com
of your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences 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, in any event, no later than fourteen 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, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back, or until 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, no later than fourteen days from the day on which you communicate your withdrawal from this contract to us:
RAYMOVE GmbHRohrfeldgasse 11, 2500 Baden, Austria
The deadline is met if you send back the goods before the period of fourteen days has expired.
You will have to bear the direct cost of returning the goods. For returns from abroad, these costs may be higher.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
To:
RAYMOVE GmbHRohrfeldgasse 11, 2500 Baden, AustriaEmail: office@raymove.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*):
_______________________________________________________________
_______________________________________________________________
Ordered on (*) / received on (*):
_______________________________________________________________
Name of consumer(s):
_______________________________________________________________
Address of consumer(s):
_______________________________________________________________
_______________________________________________________________
Signature of consumer(s) (only if this form is notified on paper):
_______________________________________________________________
Date:
_______________________________________________________________
(*) Delete as appropriate.
Note: This English version is a translation of the German original. In the event of any discrepancy or dispute regarding interpretation, the German version shall prevail.
RAYMOVE GmbH
Rohrfeldgasse 11, 2500 Baden, Austria
Phone: +43-670-1922291 | Email: office@raymove.com | www.raymove.com