GENERAL
TERMS AND CONDITIONS
for orders via the web shop

of

REMUS Innovation GmbH
(hereinafter referred to as „REMUS“)

Ruhmannstraße 11
8570 Voitsberg

E: office@remus.at
T: +43 5 05201 - 0

Company register number: 119590 v
Court of registration: Regional Civil Court of Graz
VAT identification number: ATU36895703

1. List of abbreviations

   ABGB Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch)

   DSG Data Protection Act (Datenschutzgesetz)

   GDPR General Data Protection Regulation

   Terms and Conditions these General Terms and Conditions for orders via the web shop

   Buyer Orderer of goods via the web shop operated under
   „www.remus.eu“

   REMUS REMUS Innovation GmbH
   (FN 119590 v)

   UGB Commercial Code (Unternehmensgesetzbuch)

   Goods all the goods offered by REMUS in the web shop

   Web shop the online store operated by REMUS on the website
   „www.remus.eu“

2. General provisions

   2.1. REMUS manufactures components for vehicle exhaust systems (for passenger cars and motorcycles).

   2.2. Additionally, REMUS operates a web shop on the website „www.remus.eu“ (hereinafter referred to as „web shop“) for the sale of accessories for passenger cars and motorcycles as well as for apparel.

3. Scope of application

   3.1. The business relationship between REMUS, on the one hand, and the Orderer of goods via the web shop operated under „www.remus.eu“ (hereinafter referred to as „Buyer“), on the other hand, is governed exclusively by the following General Terms and Conditions for orders via the web shop (hereinafter referred to as „Terms and Conditions“) in the version valid at the time the contract is concluded.

   3.2. REMUS does not recognise any terms and conditions of the Buyer that contradict these Terms and Conditions unless Remus has expressly agreed to their validity. Any acts of contractual performance on the part of Remus shall not constitute acceptance of any terms and conditions departing from these GTCs.

   3.3. By ordering goods subject to payment, the Buyer expressly acknowledges these Terms and Conditions.

   3.4. The employees of REMUS are not entitled to make agreements that deviate from the Terms and Conditions. Any special agreements of the Buyer shall require the written approval of REMUS to become effective.

4. Ordering and contract conclusion

   4.1. The language of this Agreement is English.

   4.2. The presentation of goods in the web shop does not constitute a binding offer from REMUS for the conclusion of a contract. The presentation merely encourages the Buyer to submit an offer by ordering.

   4.3. The order takes place in the following steps:

   (1) Selection of the desired item(s) in the web shop by clicking the button „Add to cart“

   (2) Review of the selection made under „Order summary“ and continuation of the
   ordering process by clicking the button „Proceed to checkout“

   (3) Entry of personal data (email address, first name, family name, street name, street
   number, city, postal code, town, country, telephone number)

   (4) Selection of shipping method

   (5) Selection of payment method (credit card, prepayment by bank transfer or PayPal)

   (6) Display of pre-contractual information for consumers according to section 5a
   Consumer Protection Act (KSchG) and section 4 Austrian Act on Off-Premises and
   Distance Contracts (FAGG)

   (7) Review of the order summary

   (8) Confirmation by clicking the button „Buy now“

   4.4. REMUS confirms receipt of the Buyer‘s order by sending a confirmation email. This
   order confirmation does not yet constitute acceptance of REMUS‘s contractual offer. It
   merely serves to inform the Buyer that REMUS has received the order. The contract offer is
   declared accepted by delivery of the goods or an express declaration of acceptance.

5. Object of the contract

   5.1. The object of the contract is the goods ordered by the Buyer and specified in the order confirmation at the prices indicated in the web shop at the time of clicking the „Buy now“ button.

6. Prices and shipping costs

   6.1. All prices in the web shop are given in EURO and are inclusive of any applicable statutory value added tax.

   6.2. These prices do not include shipping costs. Shipping shall be at the Buyer‘s expense and depends on the shipping method the Buyer chooses.

7. Terms of payment, default interest

   7.1. Payment of the goods ordered shall be by credit card, prepayment by bank transfer or PayPal.

   7.2. If the Buyer falls in arrears, REMUS is entitled to charge interest on late payments in the amount provided for by law. This is 4% pa above the base rate for consumers and 9.2% pa for businesses.

   7.3. In the event that the Buyer falls in arrears of payment, the Buyer undertakes to
   reimburse REMUS for any reminder and collection charges incurred, to the extent that they
   are necessary for appropriate legal prosecution. In any case, this includes a lump sum of
   EUR 40.00 for business transactions as compensation for collection costs pursuant to
   section 458 Commercial Code (UGB). This does not affect the exercise of further rights and claims.

8. Manufacture and shipping

   8.1. In the case of goods that are manufactured according to customer specifications, REMUS is only obliged to manufacture the goods once the Client has fulfilled all its obligations
   necessary to manufacture the goods.

   8.2. The shipping of all goods (regardless of whether they were manufactured according to the customer‘s specifications or not) is governed by the contractual agreement; unless
   otherwise agreed, REMUS will dispatch the goods within 30 days of contract conclusion.

9. Handover, transfer of risk and retention of title

   9.1. The risk of loss or damage to the goods shall be transferred to the Buyer as soon as the goods are delivered to the Buyer or to a third party designated by the Buyer.

   9.2. If the Buyer itself has concluded the contract of carriage without making use of an option proposed by REMUS, the risk transfers to the carrier upon surrender of the goods.

   9.3. The goods are delivered by REMUS under retention of title and remain the sole and
   unlimited property of REMUS until full payment of the purchase price including any
   shipping costs.

   9.4. If the Buyer has paid the purchase price including any shipping costs in full before the time of transfer of risk in accordance with point 9.1 or point 9.2, the Buyer acquires ownership of the goods at the time of transfer of risk. If full payment of the purchase price, including any shipping costs, is not made until after the time of transfer of risk in accordance with point 9.1 or point 9.2, the retention of title shall expire at the time of full payment of the purchase price, including any shipping costs, and the Buyer shall acquire ownership of the goods at the time of full payment of the purchase price, including any shipping costs.

10. Default in acceptance

    10.1. If the Buyer has not taken delivery of the goods as agreed, REMUS is entitled, after
    unsuccessfully setting a period of grace, to either store the goods on its premises, for which REMUS may charge a storage fee, or to store them with an authorised tradesman at the Buyer‘s expense and risk.

    10.2. REMUS is further entitled to either insist on fulfilment of the contract or to withdraw from the contract and demand compensation from the Buyer, after setting a reasonable grace period of at least 2 weeks.

11. Warranty and liability in consumer transactions

    11.1. For consumer transactions pursuant to the Consumer Protection Act (KSchG) or the Austrian Act on Off-Premises and Distance Contracts (FAGG), the general warranty and
    compensation provisions apply, in particular those of the Austrian Civil Code (ABGB).

12. Warranty and liability in business transactions

    12.1. For all transactions that are not consumer transactions, the warranty and liability
    provisions regulated in this point 12 apply.

    12.2. The Buyer has the obligation to inspect the item(s) for possible defects. If the goods are defective, the Buyer must immediately notify REMUS in writing and must give REMUS the opportunity to identify the defect.

    12.3. The Buyer must report any defects that cannot be discovered immediately despite
    careful inspection in writing within 3 days of their discovery at the latest, otherwise they are
    deemed accepted.

    12.4. Any defect will be remedied at REMUS‘s discretion, either by improvement or by
    replacement of the defective goods.

    12.5. REMUS shall be liable for any losses or damage caused through gross negligence or intent. Any indispensable statutory liability provisions remain unaffected. The onus of proof of slight or gross negligence is on the injured party.

13. Consumer‘s right of withdrawal

    13.1. Contracts concluded in the web shop constitute distance selling transactions pursuant to the Austrian Act on Off-Premises and Distance Contracts (FAGG).

    13.2. The Buyer, who is a consumer pursuant to Consumer Protection Act (KSchG), has the right to withdraw from the contract concluded in the web shop within 14 days without giving any reasons.

    13.3. The withdrawal period begins as soon as the Buyer or a third party designated by the
    Buyer, who is not the carrier of the goods, has acquired possession of the goods. In the case of the purchase of several goods under a single order that are delivered separately, the withdrawal period begins as soon as the Buyer or a third party designated by the
    Buyer, who is not the carrier of the goods, has acquired possession of the last delivered goods. If goods are delivered in several partial shipments, the withdrawal period begins as soon as the Buyer or a third party designated by the Buyer, who is not the carrier of the goods, has acquired possession of the last partial shipment.

    13.4. To exercise the right of withdrawal, the Buyer shall be required to provide

    Remus Innovation GmbH
    8570 Voitsberg, Ruhmannstraße 11
    Email: office@remus.at
    Tel: +43 5 05201 - 0

    with a clear statement of his or her decision to withdraw from the contract (for instance by letter or email). In order to meet the withdrawal period requirements, it shall be sufficient for the Buyer to send the notification regarding exercise of the right of withdrawal prior to the expiration of the withdrawal period. In case of withdrawal, the Buyer may use the following withdrawal form (Annex I Part B Austrian Act on Off-Premises and Distance Contracts (FAGG))

    To
    Remus Innovation GmbH
    8570 Voitsberg, Ruhmannstraße 11
    Email: office@remus.at
    Tel: +43 5 05201 - 0

    I/we (*) hereby withdraw from the contract concluded by me/us for the purchase of the following items (*):

    Ordered on (*)/Received on (*):
    Name of the user(s):
    Address of the user(s):
    Signature of user(s) (only for notification on paper):
    Date:

    (*) Delete as appropriate.

    13.5. If a Buyer, who is deemed a consumer, withdraws from this contract, REMUS must
    return all the payments received from this Buyer, including any delivery costs (with the
    exception of additional costs resulting from the Buyer‘s choice of a delivery method other than the cheapest standard delivery option REMUS offers), without undue delay and no later than within a period of 14 days from the day on which REMUS receives notification of
    withdrawal from this contract. For such repayments REMUS will use the same means of payment that the Buyer used when placing the order, unless expressly agreed otherwise; under no circumstances will the Buyer be required to pay any fees for this repayment.
    REMUS shall be entitled to hold back the repayment until such time as the returned item(s) has/have been received or until the Buyer has provided proof that it dispatched the item(s), whichever is earlier. The cost of return shipment shall be paid by the Buyer.

    13.6. The Buyer shall be obligated to pay REMUS compensation for any reduction in the goods‘ market value if this loss of value is the result of handling the goods in a way that is not
    necessary to verify the goods‘ properties, characteristics and functionalities.

    13.7. In particular, pursuant to section 18 Austrian Act on Off-Premises and Distance
    Contracts (FAGG), the right to withdraw from the contract does not apply to goods that are
    manufactured according to customer specifications, that are clearly tailored to personal requirements and that are not suitable for return due to their nature.

14. Data privacy

    14.1. REMUS shall comply with the provisions of the Data Protection Act (DSG), the General Data Protection Regulation (GDPR) as well as any other statutory obligations of non-disclosure.

    14.2. REMUS processes the personal data required for the purpose of fulfilling the contract. You will find detailed information on data protection law (privacy statement) in accordance with section 13 ff GDPR on our homepage at: https://remus.eu/privacy-statement.

    14.3. To the extent that the Buyer is subject to obligations within the meaning of points 13.1 and 13.2, such Buyer shall fulfil these obligations.

15. Address change and copyright

    15.1. The Buyer shall undertake to notify REMUS of any change to Buyer‘s residential or
    business address as long as the legal transaction under the contract has not been fully performed by both sides. If the Buyer fails to make such notification, any statement shall be deemed delivered even if sent to the address last notified.

    15.2. Plans, sketches or other technical documents that are or have been made available to the Buyer by REMUS via the web shop, by email or in any other analogue or digital way, as well as samples, catalogues, brochures, illustrations and similar items, will always
    remain the intellectual property of REMUS; the Buyer shall not receive any rights of use or
    exploitation thereof whatsoever.

    15.3. REMUS will prosecute any infringement of its intangible rights by the Buyer under both civil and criminal law.

16. Final provisions

    16.1. Despite the greatest care, REMUS cannot completely rule out errors or spelling mistakes on its own website. If REMUS refers to third-party content / other websites on its own website by means of links or references, REMUS is not liable for this content or only to the extent absolutely necessary pursuant to section 17 of the E-Commerce Act (ECG).

    16.2. The court having jurisdiction over the given subject matter in Voitsberg shall have exclusive jurisdiction to decide all disputes arising in connection with the contractual relationship. If the Buyer is a consumer pursuant to the Consumer Protection Act (KSchG), this place of jurisdiction shall only be deemed agreed if the Buyer has its domicile, habitual residence or place of employment in this jurisdiction.

    16.3. The contract shall be governed by Austrian law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Convention on Contracts for the International Sale of Goods) and to the exclusion of conflict-of-law rules under
    private international law. If the Buyer is a consumer pursuant to the Consumer Protection Act (KSchG), 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 its habitual residence.

    16.4. The use of texts, parts of texts, images, drawings or data from the website and their
    reproduction requires REMUS’s prior consent. All the images used on this website are
    subject to copyright regulations and are the property of REMUS. Their use is therefore only permitted with REMUS’s prior written consent. All product images are symbol photos.

    16.5. If individual provisions of this contract or of these General Terms and Conditions are or become legally ineffective, the other provisions remain effective. In place of any invalid provisions, the parties may agree on what is permissible and comes closest to the content of the invalid provisions.

    16.6. All declarations of a legally binding nature on the basis of this contract must be made in writing to the address of the respective other contracting partner most recently provided in writing. If a declaration is sent to the last address provided in writing, it shall be deemed to have been received by the respective contracting partner.

    16.7. The headings chosen for the individual chapters are for the sole purpose of clarity and should therefore not be used for the interpretation of this Agreement.

    16.8. If it is not a consumer transaction, the assignment of individual rights and obligations from these Terms and Conditions is only permitted with the express written consent of the other contracting partner.

Last updated: Mai 2020