General Terms and Conditions for Trading on the Internet
These General Terms and Conditions shall apply exclusively to our deliveries, services and offers; we do not acknowledge any changes to, or adaptations made to our General Terms and Conditions, unless we have agreed otherwise in writing. We do not consider the contract to be fulfilled if there is any deviation from our Terms and Conditions. These Terms and Conditions shall apply to any further legal transaction between the contracting parties.
II. Offers, Conclusion of Contract
Our offers are subject to alteration. A customer’s contract offer requires confirmation of the order. Dispatch of the relevant product(s) to the customer also results in acceptance of contract. If we are made an offer, then the tenderer is bound to an adequate period (of at least 10 days) from the time of stipulation of the offer.
All of our prices are, unless otherwise specified, inclusive of sales tax. If an appreciable change takes place in terms of the cost of labour, or other elements that are necessary for the calculation of relevant costs, such as material, energy, transport, foreign employment, financing, etc. between the conclusion of the contract and the date of delivery, we reserve the right to raise or the lower the price accordingly. Point III is not valid for consumer businesses.
IV. Terms of Payment, Interest on Arrears
Payment is made by the customer’s chosen method (credit card, cash on delivery, advance payment transfer, etc.). Payment of the purchase price is due upon conclusion of the contract. Payment made by the customer is viewed as being fulfilled at the time the sum is deposited in our trading account. In the event of delayed payment by the customer, we are entitled to demand our choice of payment of the costs actually accrued or - providing it does not concern a credit transaction - interest on arrears at a rate of 4 per cent over the secondary market net yield/federation, as per the monthly statistical publication from the Oesterreichische Nationalbank (Austrian Central Bank).
V. Company Rescission of the Contract
Provided the contract has not been fully established by both parties, we are entitled to rescind the contract on the grounds of default of acceptance (pt. III) or other important reasons, such as customer bankruptcy or the refusal of bankruptcy because of lack of assets, as well as defaulted payment by the customer. In the event the contract is rescinded, by fault of the customer we have the option of seeking liquidated damages of 15% of the gross invoiced amount or the compensation of incidental damages. We are absolved from any further service and delivery obligations for late payment by the customer and we are entitled to withhold any outstanding deliveries or services and to demand cash in advance and/or securities or to rescind the contract after a reasonable extension of the deadline. If the customer – without being authorised – rescinds the contract or demands it is cancelled, we will have the option to insist on the fulfilment of the contract or to agree to the cancellation of the contract; in the latter case, the customer is obligated to pay liquidated damages amounting to 15% of the gross invoiced amount or to pay the actual incidental damages, as we see fit.
VI. Consumer’s Right to Rescind a Contract
If the customer is a consumer for the purpose of the KSchG (Employment Protection Act), he/she can rescind a contract closed with the remote paragraph law or a contract delivered with the remote paragraph law within seven working days (whereby Saturday does not count as a working day). The rescinding period for a contract starts on the day the product is dispatched to the customer, and for contracts for the provision of services, it starts on the day the contract is concluded. A contract may not be rescinded for:
1. Services, whose implementation counts as the start of the contract according to the agreement within seven working days from the conclusion of a contract.
2. Goods or services whose price is dependent on the stock market, over which the company has no influence.
3. Goods made according to customer specifications, which are clearly tailored for personal requirements which are not suitable for return because of their appearance and workmanship, and goods which can quickly decay or whose expiry date has passed.
4. Audio / video recordings, or software, if they have been removed from their packaging.
5. Newspapers, journals and magazines, with the exception of orders of periodical brochures.
6. Betting and lottery services as well as
7. Home deliveries or recreational services
It is sufficient if the declaration of rescindment is sent without specifying a reason, within the relevant period of time. In the event of a rescindment, entire or partial reimbursement of the retail price occurs from delivery versus payment against the deferment of the goods received from the purchaser. In the event of the consumer rescinding the contract, he/she will bear the direct costs of returning the product.
VII. Costs of Reminders and Collection
In the event of delayed payment, the customer has to reimburse us with the relevant reminder costs, at a flat-rate of 10,90 € / CHF 16.68 per reminder issued, as well as for keeping track of the obligation in reminders every six months at 3,63 € / CHF 5.55. After an unsuccessful second reminder, we are entitled to assign a debt collection agency, whose costs shall be footed by the customer, up to the maximum amount stated in the regulation of the BmwA (Federal Ministry of Economics and Labour), BGBl 1996/141 as amended.
VIII. Delivery, Transport, Default in Acceptance
Our retail prices do not include any costs for delivery, assembly or installation. However, if you would like, we can arrange and/or perform these services for you upon payment of an additional fee. In doing so the actual indicated costs for transport and/or delivery, including a reasonable direct cost impact, are charged for the freight and carriage costs of the selected mode of transport that are valid on the day of delivery. Assembly costs are calculated according to expenditure of time, whereby an hourly rate is stipulated that is in accordance with the respective line of business. If the customer does not take receipt of the product(s) as agreed (default of acceptance), then we are entitled to either store the product(s) whereby we charge a storage fee of 0.1% of the gross invoiced amount on each calendar day, or the product(s) can be stored with an authorised tradesman at the customer’s own cost and risk. At the same time, we are entitled to either demand that the contract is fulfilled, or to rescind the contract after a comprehensive extension of the deadline of at least 2 weeks, and to make use of the product(s) elsewhere.
IX. Delivery Period
We are only obligated to performing a service when the customer has fulfilled all of his/her obligations that are necessary for its implementation, especially all technical and contractual details, preparatory work and measures. We are entitled to exceed the agreed deadlines and dates for delivery by up to one week. Only after this period of time has elapsed can the customer rescind the contract.
X. Place of Performance
The place where the contract is fulfilled is our company’s registered office.
XI. Minor Alterations
If it does not concern a consumer business, minor or other reasonable alterations to our services and/or delivery obligations for our customers come into effect as approved beforehand. This applies in particular, to limited deviations to the item in question (e.g. sizes, colours, wood and veneer, grain and texture, etc.).
XII. Warrantee, Duty to Inspect and Register Complaints
Legal regulations shall come into effect in the case of consumer businesses.
If it does not concern a consumer business, we shall fulfil the customer’s warranty by fixing the defect by our selected means; either through exchange, reparation of the product(s) within a reasonable time period, or a price reduction. The customer’s claim for damages, which are intended to rectify the fault, can only be invoked if we fall behind in fulfilling the warranty claims. If it does not concern a consumer business, then, according to §§ 377 f of the HGB (commercial code), the product(s) must be checked immediately after delivery - within 6 working days at the latest. If this is the case, we are to be made aware of the faults and notified in writing of the type and extent of the fault immediately - within at least 3 working days after detection. Concealed faults are to be reported in writing immediately (at least within 3 working days after their discovery). If a notification of the defect is not reported in sufficient time, then the product is deemed to have been accepted and approved.
XIII. Compensation in Damages
All claims for damages are void in the event of simple negligence. This does not apply for personal injury and/or consumer businesses, for damages to the handling of received goods. Provided it does not concern a consumer business, the claimant has to prove the existence of simple and/or gross negligence. If it does not concern a consumer business, the period of limitation of the claim for damages is three years after the passage of risk. The regulations for compensation contained, or otherwise stipulated in these General Terms and Conditions, also apply if the claim for damages is made in addition to, or instead of, a warranty claim. Before technical IT products are delivered and/or before the installation of computer programs, the customer is obligated to adequately secure data that is already on the computer system, otherwise he/she alone will bear the responsibility for lost data as well as for all associated damages.
XIV. Product Liability
According to § 12 of the Product Liability Law, demands for recourse are excluded, unless the beneficiaries of the recourse can prove that the fault is caused in our sphere and that gross negligence has been caused.
XV. Reservation and Enforcement of Proprietary Rights
All products are delivered under the reservation of proprietary rights and remain our property until full payment has been received. In enforcing the reservation of proprietary rights, the contract may only be rescinded if this is explained explicitly. We are entitled to charge any incurred transport costs and manipulation expenses for any products that are returned. With third party access to the conditional goods – especially through distraint – the customer is committed to refer to our property and to inform us immediately. If the customer is a consumer or is not a businessman whose real business operations belong to the trade of the products we offer, he/she may not have the conditional goods at their disposal until full payment of the demanded retail price has been received and they especially may not sell, pawn, give them away or loan them. The customer bears full risk for the conditional goods, especially for the danger of their demise, loss or deterioration.
XVI. Assignment of a Claim
In the event of delivery under the reservation of proprietary rights, the customer now assigns to us his/her outstanding accounts against a third party, as long as these arise through the sale or processing of our products, until the final payment of the outstanding account. The customer must name us if their purchaser demands it and must notify them of the assignment in sufficient time. The assignment must be made clear to the purchaser in the accounts, delivery notes, invoices etc. If the customer is in arrears with his/her payments, then their incoming sales revenue is to be separated and the customer may only hold these in our name. Possible claims against an insurer are now assigned to us in accordance with § 15 of the German Insurance Contract Act. Any outstanding accounts with us may not be transferred without our explicit approval.
Provided it does not concern a consumer business, the customer is entitled to a warrantable claim, except in the event of a withdrawal from the purchase, of an appropriate portion of the gross invoiced amount.
XVIII. Choice of Law, Court of Jurisdiction
Austrian law shall prevail. Application of the UN Contracts for the International Sale of Goods (CISG) is explicitly excluded. The contractual language is German. The contracting parties agree on Austrian domestic jurisdiction. Provided it does not concern a consumer business, the local court presiding in our company’s domicile shall be the exclusive forum for all decisions on any disputes resulting from this contract.
XIX. Data Protection, Change of Address and Copyright
The customer agrees that all of his/her personal data – included in the Contract of Sale – in fulfilling this contract will be used by us and will be automatically stored and processed. The customer is obligated to notify us of any changes to personal and/or business addresses and change of email address, as long as the legal transaction has not been completely fulfilled by both parties. If this communication is omitted then declarations are deemed as closed in the event they are sent to the customer’s last known address. Plans, outlines or other technical documents always remain our intellectual property, in the same way as the model, catalogue, prospectuses, illustrations and suchlike; the customer does not receive any rights of exploitation or work use. The contractor is obligated to indemnify the customer against all claims that arise from third parties by copyright infringement, ancillary copyright, other industrial property rights or personality trade mark rights.
XX. Sending by E-Mail
The customer agrees to the forwarding of mass e-mail or means of advertising. This agreement may be revoked at any time.