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Terms and Conditions
I. Scope
The supplies, services and offers our company are subject to these terms and conditions opposed to or from our business conditions different terms, we recognize, unless we have expressly agreed to their validity. Contract actions on our part shall not be considered as agreement to deviate from our Terms and Conditions. These Terms and Conditions shall apply to all further legal transactions between the parties.
Conclusion of Contract
A contract offer from a customer requires an order confirmation. The sending of the goods ordered by the customer causes the contract. Be addressed to us offers, the offeror a reasonable, but at least 8-
III. Price
All our prices are, unless otherwise expressly stated, understand incl VAT. Should the salary costs due to collective agreements in the industry or intra-
Terms of Payment, Interest
Absence of any contrary agreement, to be paid cash train to train our demands in exchange for the goods. Discounts will require a separate agreement. In case of default, including installment payments, enter and any discount arrangements expire. Customer payments are only deemed to
the date of the entrance to our business account. In case of default of the customer we are entitled to demand our choice of payment of actual damages or interest on arrears at the statutory rate. Our company is entitled to demand in the event of default by the customer, from the date of delivery of goods and compound interest.
V. Contract Cancellation
In default of acceptance (point VII), or other important reasons, notably the bankruptcy of the customer or bankruptcy dismissed for lack of assets, as well as payment of the customer we are entitled to rescind the contract if he has not been fulfilled by both sides in its entirety. In the event of a withdrawal, we seek to blame the customer the choice to liquidated damages of 15% of the gross or the compensation of actual damages incurred. For payment by the customer, we are released from any further authorized service and delivery commitments and to withhold any outstanding deliveries or services and to demand advance payments or securities or to withdraw after setting an appropriate extension of the contract. If the customer -
In respect of distance contracts (§ § 5a ff Consumer Protection Act), the consumer may cancel the contract within 7 working days, but Saturdays are not counted as working days. The period begins with the date of arrival of the goods by the consumer or for services with the date of contract. It is enough to send the cancellation notice within that period. If the consumer rescinds the contract under this provision, he has to bear the costs of returning the goods, the contract was signed for a loan, he must also bear the costs of a required certification of signatures and charges (fees) for the granting of credit to wear. For services, following the convention started to be carried out within 7 business days from signing the contract, not a withdrawal possible.
VI. Reminder and collection expenses
The contractor (customer) undertakes in the event of default, the creditor reminder and collection expenses incurred to the extent they are necessary for appropriate legal substitute, in which he undertakes in particular to replace a maximum of the remuneration of the switched-
Delivery, transportation, acceptance delay
Our retail prices do not include costs for delivery, assembly or installation. If desired, however, these benefits they are remunerated separately organized or provided by us. These are used for transportation or delivery, the costs actually incurred, together with a reasonable direct cost impact, the day of delivery in force for the freight and carriage costs of the selected mode of transport taken into account. Installation works will be charged at an hourly rate, with one industry standard hourly rate is agreed.
If the customer has the goods as agreed copied) (default of acceptance we are entitled after an unsuccessful period of grace to store the goods either with us, whereby we charge a storage fee of 0.1% of the gross invoiced amount on each calendar day, or the cost and risk of the customer with an authorized storage service to store them. At the same time, we are entitled to insist on the contract, or after granting a reasonable grace period to cancel at least 2 weeks of comprehensive contract and use the goods otherwise.
VIII delivery
To performing a service, we are only obligated once the Client all its obligations required to run complied with, especially all the technical and contractual details, preparatory work and measures met. We are authorized to exceed the agreed dates and delivery times by up to one week. Only after this period, the customer can, after setting a reasonable grace period to cancel the contract.
IX. Performance
Performance is the headquarters of our company.
X. Minor Alterations
In the case of a consumer transaction, minor or other reasonable changes to our customers of our performance or delivery obligations as approved beforehand. This is particularly the case for the conditional variances (eg sizes, colors, fabrics and texture, etc.).
XI. Damages
All claims for damages in cases of simple negligence. This does not apply to personal injury or consumer businesses for damage to the handling of classified information. Has the existence of simple or gross negligence, if it is not a consumer transaction, to prove to the damaged party. It does not concern a consumer transaction, the period of limitation of claims for damages three years after passage of risk. The information contained in these Conditions or otherwise agreed rules on damages apply even if the damages claim is made in addition to or instead of a warranty claim. Before connecting or transfer of computer technology products and / or prior to the installation of computer the customer is required to maintain the space on the computer system data that is already, otherwise he must bear for lost data, and for all associated damages responsibilities.
XII. Product Liability
Recourse claims within the meaning of § 12 Product Liability Act are excluded, unless the claimant proves that the error was caused in our sphere, and at least grossly negligent.
XIII. Retention of title and its assertion
All goods are delivered by us under retention of title and remain our property until full payment. In enforcing the retention of title is only a cancellation of the contract if this is explicitly stated. Products that are returned, we are entitled to transportation and handling charges incurred should be charged. If third parties seize the goods subject to retention -
XIV. Credit assignments
In case of delivery under reservation, the customer already now assigns his claims against third parties, provided that they arise through the sale or processing of our goods until final payment of the outstanding account. The customer has to call us on demand to its customers and this in due time of the assignment. The assignment is in the books, especially in the open items -
XV. Retention
It does not concern a consumer transaction, the customer is not entitled to justified complaints except in cases of rescission for restraint of the total, but only an appropriate portion of the gross.
XVI. Governing law and jurisdiction
Austrian law applies. The applicability of the UN Sales Convention is expressly excluded. The contract language is German. The Parties agree on Austrian domestic jurisdiction. It does not concern a consumer transaction, is to decide all disputes arising under this contract at the headquarters of our company, the competent court only have jurisdiction.
XVII. Data protection, change of address and a copyright
The customer gives his consent that the personal data in the sales contract IMPLICATION in fulfilling this contract by us will be stored and processed. The customer is obligated to notify us of any changes to personal or business address as long as the contract has not completely fulfilled by both parties. Failure to the statement, declarations shall also be deemed received if they are sent to the last known address. Plans, drawings or other technical documentation as well as samples, catalogs, brochures, illustrations, etc., always remain our intellectual property, the customer does not receive any form of work use or exploitation rights.
XVIII. Other
Prices subject to error, as well as in words and images reserved.
All rights of used texts, photos, drawings and graphic design are included. Any reproduction or other use, except for personal use is prohibited without our express permission.
XIX.Payment & delivery
In the case of a consumer transaction, the payment, accompanied by this payment in advance. The amount is on the account at the Savings Bank of St. Pölten, sports trading Jakubec & Partner KEG account number 00500003025, BLZ 20,256, or pay by Pay Pal to.
Final clause on extra sheet:
I certify by my signature that I have been advised of the information contained in the general conditions of sale provisions particularly bold or attention.
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