§ 1 General
Our General Terms and Conditions are valid for all services offered on our website and constitute an integral part of our contracts. Deviations are only binding for us if agreed in writing.
§ 2 Offers
Our offers are subject to confirmation.
§ 3 Retention of title
We retain the title to the goods until payment has been made in full.
§ 4 Transport
Unless agreed to the contrary, shipment of the goods is undertaken at the expense and risk of the customer. We shall select the type of shipment and packaging we deem the most favourable.
§ 5 Delivery time
The delivery time indicated by us begins with the order and is deemed met on the day of shipment or readiness for shipment.
§ 6 Warranty
We warrant for a period of 24 months that the goods correspond with the descriptions and do not have any defects that render impossible or reduce their suitability for use as described. A negligible reduction shall not be taken into account. In the event defects occur during contractual use, the customer shall give timely notice of such defects within 7 days at the latest in comprehensible form, specifying information useful for identification of the defect and, upon our request, in writing. The customer shall support us, within reasonable limits, with the removal of defects.
The customer may set a reasonable period of time for the removal of the defects. If the period expires without result, the customer may demand a reduction in the payment or withdraw from the contract in accordance with legal provisions.
The warranty shall expire for goods which the customer modifies or in which the customer otherwise intervenes, unless the customer proves when giving notification of the defect that he/she did not cause the defect.
We are entitled to request reimbursement of our own expenses in the event we performed work based on receiving notice of a defect and can prove there was in fact no defect.
§ 7 Compensation for damages
We are obliged to pay compensation for damages only in the case we can be accused of intent or gross negligence. The amount of any compensation is limited to the price of the goods.
§ 8 Payment
Unless agreed to the contrary, invoices fall due for payment in advance. Default interest will be charged at a rate of 1% per month in the event of a delay in payment in addition to expenses for reminders and collection costs.
All prices are quoted including VAT.
§ 9 Offsetting
Unless based on a court order or accepted by us, the offsetting of counter claims against our claims is excluded.
§ 10 Special provisions for consumers
A consumer pursuant to the Consumer Protection Act is entitled to withdraw from a contract concluded via distance selling or a contract declaration given via distance selling until expiry of the period indicated in the following paragraph. It suffices for the declaration of withdrawal to be sent within this period.
The period for withdrawal is seven working days, whereby Saturday does not count as a working day. It begins with the day of receipt by the consumer.
In the event of a withdrawal, the purchase price will only be refunded against return of goods that are in a resalable condition and in their original packaging.
The right of withdrawal is restricted in accordance with legal provisions and therefore does not apply in particular to contracts concerning
1. Services where it has been agreed with the consumer that the performance will begin within seven working days from conclusion of the contract,
2. Goods manufactured to customer specifications which are obviously tailored to personal requirements and whose properties make then unsuitable to be returned, which can spoil quickly or whose expiration date would expire.
§ 11 Laesio enormis
Application of § 934 ABGB (Austrian General Civil Code) is excluded.
§ 12 Data protection
The customer agrees to us using data that he/she has provided in order to inform the customer about other offers and to send him/her advertising by post, email, text message, fax or telephone. e customer can refuse the sending of information at any time.
§ 13 Applicable law, place of jurisdiction
Austrian law shall apply to the exclusion of any contradictory conflict of law rules. Place of jurisdiction and performance is Vienna. If the customer is a consumer, the court of law in the judicial district of the consumer’s place of residence, habitual abode or place of employment shall be competent for any legal disputes.