You can download our TOS as PDF here.

General terms and conditions of business of the repair and service center R.U.S.Z (R.U.S.Z GmbH)

 

I. Scope

These General Terms and Conditions govern the legal relationship between the repair and service center, R.U.S.Z GmbH, with its registered office at Lützowgasse 12-14, 1140 Vienna (hereinafter referred to as "R.U.S.Z") and you (hereinafter also referred to as the "Customer") with respect to services (purchase of goods or provision of services) by R. U.S.Z exclusively and in their version valid at the time of repair, with the restriction that for the purchase of goods via the webshop WIDADO (https://www.widado.com/s/ruszshop) exclusively the GENERAL TERMS AND CONDITIONS (TOS) for the use of WIDADO (https://www.widado.com/agb) apply.

The General Terms and Conditions apply to transactions with customers who are deemed to be consumers. A consumer is any natural person who enters a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.

 

II. Prices, delivery, payment

  1. All prices include the applicable statutory value added tax.
  2. The prices are gross and collection prices. The costs for packaging, shipping, cash on delivery charges and other services such as assembly are not included in the prices and will be invoiced separately.
  3. The goods remain the property of R.U.S.Z until full payment has been received.
  4. R.U.S.Z is entitled to make partial deliveries if the partial delivery is usable for you within the scope of the contractual purpose, the provision of the remaining service is ensured and you do not incur any significant additional expenses or costs as a result (unless we agree to bear these costs).
  5. Payment shall be made in cash upon acceptance of the goods. The invoice will be issued upon collection or acceptance of the goods or upon delivery.
  6. If the customer is a consumer within the meaning of the Consumer Protection Act, he is entitled to settle his liabilities by offsetting if R.U.S.Z is insolvent and if the counterclaim has a legal connection with the consumer's liability, if this has been established by a court or if it has been acknowledged by R.U.S.Z. Furthermore, and in the case of a mutual business transaction, offsetting by the customer is excluded.
  7. In the event that the customer is in default of payment, R.U.S.Z is entitled to demand interest on arrears in the amount of 4%.

 

III. Cost estimate

  1. Cost estimates prepared by R.U.S.Z are subject to a charge, unless otherwise agreed. The order to prepare such a cost estimate is placed by handing over the item to be inspected or repaired to R.U.S.Z and/or by placing an order for an on-site inspection/repair of the item.
    We would like to point out that devices which are not ordered for repair after the cost estimate has been sent by telephone can only be handed over in disassembled form.
  2. A cost estimate contains a detailing and breakdown of the individual items of material and labour according to commercial and technical aspects.

 

IV. Orders and conclusion of contracts

  1. The presentations of the services on the homepage are not legally binding offers, but only represent a non-binding invitation to the customer to place an order with R.U.S.Z and do not lead to the immediate conclusion of a contract when an order is placed.
  2. The customer has the option of placing orders by telephone, fax, in writing by e-mail, by post or in person.
  3. For telephone orders, the general opening hours apply. When ordering by telephone, advice, also on alternative models, and the provision of immediate delivery information is possible.

 

V. Warranty

  1. Unless otherwise stipulated, the statutory warranty provisions shall apply. R.U.S.Z warrants that the quality of the deliveries or services correspond to the respective state of the art.
  2. Existing manufacturer's guarantees that go beyond the warranty shall not be affected by the above provisions. The guarantee commitments which apply in the relationship between the manufacturer of the product and the buyer are not to be applied to the contractual relationship between R.U.S.Z and the buyer; R.U.S.Z is therefore not liable on the basis of the guarantees assumed by the manufacturer.

 

VI. Liability

  1. R.U.S.Z or its legal representative or vicarious agents shall only be liable for damages in the event of gross negligence or intent. Excluded from this are claims for damages arising from injury to life, body or health, as well as from the culpable breach of essential contractual obligations (i.e. those whose fulfilment is necessary to achieve the objective of the contract).
  2. In the event of a breach of substantial contractual obligations, R.U.S.Z shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the damage claims are based on injury to life, body or health.
  3. The regulations of the product liability law remain unaffected.

 

VII. Default of acceptance, default of payment

  1. In the event of default of acceptance or default of payment on the part of the customer, R.U.S.Z shall be entitled to withdraw from the contract immediately after setting a 14-day grace period.
  2. If the customer withdraws from the contract without justification, R.U.S.Z is entitled to insist on the fulfilment of the contract or to agree to the cancellation of the contract. In the event of withdrawal, the buyer is obliged to pay, at the discretion of R.U.S.Z, liquidated damages of 15% of the gross invoice amount or the actual damage incurred.

 

VIII. Right of retention

  1. R.U.S.Z shall be entitled to a right of retention on the object to be repaired or the customer's goods on account of all its claims arising from repair orders, in particular for the repair work, as well as for deliveries of goods and spare parts.
  2. This right shall also exist until the repayment of debts of the same customer from previous repair orders.
  3. All delivered and assembled goods remain the property of R.U.S.Z until full payment has been made. R.U.S.Z is entitled to dismantle and/or take possession of the goods subject to the right of retention at any time without obtaining further consent from the customer and at the customer's expense if the latter is in default of payment.
  4. In the event of exercising the right of retention on the object of repair or the goods, R.U.S.Z may charge reasonable storage costs or a storage fee.

 

IX. Forfeiture and custody costs

The customer has to take over the objects handed over for repair within a reasonable period of time from the announcement of readiness for collection. If taken over objects are not taken back within 4 weeks from the announcement of the readiness for collection, R.U.S.Z is entitled to claim reasonable storage costs for the taken over objects until collection or expiry. Storage measures and storage costs which become necessary for reasons which lie in the sphere of the client shall be borne by and at the expense of the client.
If items handed over for repair are not taken over within 6 months of notification that they are ready for collection, the item shall be forfeited, and the customer shall be liable for the costs incurred. R.U.S.Z is entitled to dispose of or destroy the objects on its own account.

 

X. Old parts

Replaced old parts shall become the property of R.U.S.Z without compensation, unless expressly agreed otherwise in the order, and shall be disposed of by R.U.S.Z - unless they are exchange parts. Any disposal costs as well as taxes and fees in connection with the disposal shall be borne by the customer. Spare parts are excluded from exchange except in the cases provided for by law.

 

XI. Special provisions Emergency repair on site

In the event of an emergency repair on site applies:
Pursuant to §18 (2) FAGG, the consumer has no right of withdrawal in the case of contracts for urgent repair or maintenance work where the consumer has expressly requested the business operator to visit him in order to carry out such work. If, during such a visit, the business operator provides additional services which the consumer has not expressly requested, or supplies goods which are not necessarily required as spare parts during the maintenance or repair, the consumer shall have the right of withdrawal in respect of such additional services or goods. For further questions regarding returns, please contact the customer service: telephone 0043-1-9821647

 

XII. Data protection

  1. All customer data that become known to R.U.S.Z GmbH are used and processed exclusively within the framework of the applicable data protection laws.
  1. The following customer data will be stored by R.U.S.Z: Name, address, postal address, telephone number, e-mail address, date of birth, as well as your bank details (for payment by direct debit) and different delivery addresses.
  1. These data are processed at the company R.U.S.Z GmbH for the purpose of order processing and for orders, the delivery of goods, the processing of complaints, as well as the processing of warranty or guarantee.
  1. These data are only passed on to third parties for the purpose of executing the order and invoicing; namely to parcel and postal service providers (customer name and address), as well as to banks (direct debit authorisations, customer name and address, invoice amounts) or credit card companies (customer name and address, credit card numbers, invoice amounts).
  1. Otherwise, customer data will only be passed on to third parties if the customer has expressly consented to this in writing in the individual case.
  1. You are generally entitled to the rights of information, correction, deletion, restriction, data portability and objection. The revocation does not affect the lawfulness of the processing carried out up to that point.
  1. We store your data for the duration of the business relationship and beyond that within the scope of the applicable statutory retention and documentation obligations.
  1. The responsible body in the sense of the data protection laws is R.U.S.Z. If you have any questions about data protection, or if you wish to exercise any rights or claims concerning your personal data, please send us an e-mail at office@rusz.at.

 

XIII. Applicable law, place of performance

  1. The place of performance for all obligations arising from this contract is the registered office of R.U.S.Z. All legal relationships between the customer and R.U.S.Z are subject to Austrian substantive law. For legal relations with consumer customers, mandatory consumer rights of the customer's country of origin remain unaffected.
    The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
  2. For the timeliness of written declarations, the dispatch within the respective period is sufficient. They can only be effectively sent to the addresses specified in the contract.

 

XIV. Cancellation policy

For services within the scope of the Distance Selling and Foreign Transactions Act (FAGG), we would like to point out the following:

The following applies exclusively to consumer customers within the meaning of § 1 (1) (2) of the Consumer Protection Act, i.e. natural persons who conclude a legal transaction for a purpose which can predominantly be attributed neither to their commercial nor to their independent professional activity:

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. To exercise your right of withdrawal, you must send us

Repair and Service Center, R.U.S.Z GmbH
Lützowgasse 12-14
1140 Vienna
Tel: 0043-1-9821647
Fax: 0043-1-9821647-18
E-Mail: office@rusz.at

by means of an explicit declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the enclosed sample cancellation form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of revocation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We can deny the refund until we have received the goods back or until you have 7/7 provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary for the inspection of the condition, properties and functionality of the goods.
End of the cancellation policy.

If you have any further questions regarding returns, please contact our customer service: Phone 0043-1-9821647

Sample cancellation form

If you wish to cancel the contract, please complete, and return this form. However, the use of this form is not mandatory.

To Repair and Service Centre, R.U.S.Z GmbH, Lützowgasse 12-14, 1140 Vienna, Tel: 0043-1-9821647, Fax: 0043-1-9821647-18, E-Mail: office@rusz.at

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Adress of consumer(s)

Signature of the consumer(s) (only in the case of notification on paper)

Date

(*) Delete as applicable.

The revocation is excluded if goods are delivered that are manufactured according to customer specifications or that are clearly tailored to the personal needs of the customer.