PREAMBLE
By using our website you acknowledge the validity of our Terms and Conditions. This website is operated with a focus on utmost diligence, reliability and availability. However, we do not warrant that the information contained is correct and complete. Further, we are not liable either that the services offered via our website are available without interruption or that the desired connections can always be created or that stored data are preserved under any condition or that data sent are processed. We shall be entitled to change the contents of this website at any time and without prior notice, including but not limited to the services offered and the prices described therein. We accept no responsibility for data provided on this website are obsolete. We shall not be liable for the content of the transmitted data and the content of data which are available via our website.
1. SCOPE OF APPLICATION
Our Terms and Conditions shall apply to all business relations between us and the party ordering a work and/or the purchaser, (hereinafter the “Customer”). Any terms and conditions of the Customer to the contrary are herewith objected. We shall not be obliged by these, even if we do not again object against these upon conclusion of the contract. Neither shall the sending of the order confirmation constitute an acknowledgement of the Customers’ terms and conditions. Any amendment and any collateral agreement must be confirmed by us in writing in order to be effective and shall only apply in a particular case. Our Terms and Conditions shall be deemed accepted at the latest when the contract is awarded or the order is placed.
2. COST ESTIMATES AND OFFERS
By submitting a cost estimate, we neither undertake to accept the order nor to render the services listed therein. Cost estimates shall only be binding for us if the cost estimate expressly so provides. We do not warrant for the correctness of a cost estimate. Other than that, our cost estimates and offers shall basically be without engagement. Cost estimates and offers are prepared on the basis of best expert knowledge. Specific circumstances of an order, which we can not identify, can not be taken into consideration. Additional services related to the preparation of a cost estimate, such as planning services, shall be charged separately. We shall not accept any responsibility for information material provided by our Customers; this includes but is not limited to any defects contained therein. The Customer shall warrant for the correctness of designs, drawings, drafts, plans or documents provided by it. The Customer further warrants to have all rights to the designs, drawings, patterns, plans or documents of a similar kind which are provided to us.
3. PRICES
Our prices are inclusive of applicable statutory VAT. The prices and conditions valid on the day an order is accepted shall be relevant. Therefore, a fixed price is determined with the acceptance of an order. Changes in costs, including but not limited to wages, material and power supply will not be passed on to the Customer. Our prices are exclusive of delivery and customs duties. Potential customs duties and taxes will be determined after receipt of the delivery. Special requests regarding transport (express delivery, courier services, etc.) are subject to extra costs. Any potential rebate or discount granted shall only apply to the respective service and not to any potential follow-up orders or deliveries, even if we do not object to any potential deductions which the Customer makes with regard to follow-up orders or deliveries. Prices and conditions are without engagement and shall not be binding for any follow-up order.
4. DELIVERY AND/OR RENDERING OF SERVICES
If the transaction is processed via credit card, the goods will be shipped only after the purchase price is deducted and credited to our account. Any information we provide with regard to delivery and/or service dates shall be non-binding. We are not liable for any delays on the part of the supply factories. Our obligation to deliver shall depend on the prerequisite that we ourselves receive correct and timely deliveries, unless such incorrect or belated delivery to us was caused by our fault. Purchaser shall not be entitled to claim damages on grounds of late performance. Any alteration of an order in turn changes the original, non-binding target date. Customer shall not be entitled to change the kind or volume of the agreed service or circumstances of service provision or to claim additional services without our express consent. Upon completion of our services, our services shall be deemed accepted by the Customer. Customer shall be obliged to accept the goods directly after being informed that they are available. The Customer shall bear the costs and risk of returning the goods to us in case of default in acceptance. If Customer fails to accept the goods in due time, we shall be entitled to rescind the contract without granting a grace period and claim damages on grounds of non-performance of contract. In this case, we may claim or retain any potentially agreed advance payment, at minimum, however, 15 % of the purchase price as contractual penalty that may not be reduced by court order. This amount shall also constitute partial minimum compensation for damages on grounds of non-performance. To the extent that deliveries and/or partial services can be provided, we shall be entitled to deliver parts at our discretion. Any partial delivery and/or service shall be deemed an individual transaction and may be billed separately. Obligations to deliver and provide services as well as any relevant time limits shall be suspended for as long as the Customer is in arrears with payment or fails to carry out any action required for the performance of the contract. Our right to partly or completely rescind the contract in such cases remains unaffected. Cases of force majeure or other impeding events preventing us from fulfilling our obligation shall release us from fulfillment of our obligations during the period and scope of their effects. If an impediment continues for more than three months, both we and the Customer may rescind the contract.
5. SHIPMENT
If no specifications regarding delivery have been determined when placing the order, shipment will be made at our best discretion but without any responsibility for the cheapest shipping method. Even in case of freight paid shipment, goods shall be delivered at Customer’s cost and risk without any exceptions. Packing material may not be returned. Goods directly shipped to third parties shall be deemed delivered pursuant to terms and conditions regarding both the interior and the exterior of those goods, and shall be deemed as irrevocably/finally accepted. The Customer shall be liable for all costs including customs duties and taxes, notwithstanding payment orders or provisions stipulating otherwise.
6. PAYMENT
Unless agreed otherwise, our invoices are due for payment immediately and without any deduction. We expressly do not accept bills of exchange and checks as well as currencies other than Euro. Upon failure to effect payment, we may claim default interest at a rate of 3 % above the relevant base rate of the Austrian National Bank, regardless of fault, the costs of appropriate and necessary collection measures (including but not limited to cost of extrajudicial legal services and costs of a debt collection agency) and compensation for damages we have incurred, or may rescind the contract and claim damages on grounds of non-performance of contract at our discretion. In the latter case, we may claim or retain any potential advance payment notwithstanding the Customer’s fault, at minimum, however, 15 % of the purchase price as contractual penalty that may not be reduced by court order. This amount shall also apply as minimum loss on grounds of non-performance. This provision regarding contractual penalty shall only apply to transactions with consumers to the extent these were individually negotiated. The obligation to pay a contractual penalty shall not prevent the assertion of further claims for damages. Payment periods agreed start with the date of the invoice. If payment periods are not observed, we shall also be entitled to immediately accelerate all claims we hold against the Customer. This provision regarding maturity shall not apply to business transactions with consumers.
7. WARRANTY, GUARANTEE AND DAMAGES
Defects shall immediately be reported to our company, as otherwise our delivery or service (work) shall be deemed approved, unless such defects are hidden defects. Hidden defects shall be reported to us immediately in writing after they have been identified by the Customer. It is consensually agreed that wear and tear or damage of the delivery or service (work), including but not limited to mechanic or chemical impact or heat, shall not be deemed defects. Any warranty or guarantee shall only be accepted, provided that the Customer has duly observed and complied with all care and maintenance instructions.
For consumer transactions the following shall apply: The warranty period for consumers is 2 years from supply of the goods/service. The consumer basically may opt for improvement or replacement of the goods/service. We may reject the selected remediation method if it is impossible for us or if, compared to the other remediation method, it involves an unproportionally high effort. In this case, the consumer shall have the choice between price reduction or, unless the defect in question is not only a minor defect, claiming rescission of the contract.
For transactions with entrepreneurs the following shall apply: The warranty period for entrepreneurs is 1 year from supply of the goods/service. The assumption set forth in Section 924 of the Austrian Civil Code is excluded. For companies, we shall either improve or replace the defective goods/services at our discretion. Rescission of the contract as well as the right to terminate the contract shall be excluded for entrepreneurs. When asserting warranty or guarantee claims, the entrepreneur shall send the delivery or service (work) to our company, if possible in its original package, at its own risk and expense. Special recourse pursuant to Section 933 b of the Austrian Civil Code shall be excluded after the expiry of the warranty period.
Upon expiry of the warranty period, any warranty claims or damages shall be time-barred or statute-barred. The assertion of damages against us by the Customer, our other contracting partner or in connection with the contractual relationship or the services hereunder by other persons (e.g. due to a so-called contract protecting third parties) shall be excluded, unless we have acted with intent or gross negligence. We shall only accept liability for intent or serious gross negligence.
8. RIGHT OF RESCISSION
If we provide services or supplies by virtue of a distance selling contract, consumers pursuant to the Austrian Consumer Protection Act may rescind contracts within seven working days, starting from receipt of the shipment by the consumer or contract execution date in case of service contracts. Saturdays shall not be deemed working days. No reason for the rescission need to be given. Notice shall be given in writing to our company; sending of such notice in due time shall be sufficient. No right of rescission exists with regard to services the provision of which to the consumer pursuant to agreement starts within seven working days from contract execution. Moreover, no right of rescission exists for goods and services made according to Customer’s specifications, which are clearly tailored to personal requirements and which, due to their nature, are not fit to be returned. When exercising the right of rescission, the consumer shall return the unused and undamaged, ordered supplies or services (work) in their original packaging to our company, if the goods can be sent as parcel. The consumer shall bear the risks and expenses for returning goods when exercising the right of rescission. Our company shall not accept goods returned on a freight collect basis.
9. DATA PRIVACY
In case of conclusion of a contract, we will collect and process the personal data provided to us in our system and use them for the duration of contract processing, i.e. for processing the order and invoicing. Personal data shall be any information which directly or indirectly identifies a person e.g. name, address, e-mail address, date of birth, profession, account details etc. We establish and use anonymized user profiles for the purpose of advertising, market research and demand-oriented design of our offers. Any further collection, processing or use of personal data shall require the Customer’s consent. The Customer has a right of objection, which it may exercise towards us at any time by sending an e-mail to …………….You may request that we rectify, delete and block your personal data stored with us at any time. For the purpose and for the duration of the shipment of the goods, we shall pass on the personal data required for this purpose to the professionals we have instructed.
We make an effort to take appropriate measures to protect your data stored with us. We shall, however, not be held responsible if someone unlawfully manages to access and further use such data. The assertion of claims on your part as third party or Customer towards us in this context is consensually excluded.
10. PRODUCT LIABILITY
For the protection of our Customers, the Austrian Product Liability Act as amended shall apply without any restrictions. A product liability claim may be asserted provided that the product is defective. A product is defective if it does not offer the security usually expected taking into account all circumstances, in particular as regards the use of the product, which may reasonably be expected. Liability is limited to the product’s value.
11. RELEASE FROM THE PERFORMANCE OF CONTRACTS
Force majeure and its consequences as well as delays or interruptions of the start of or during our supplies for which we can not reasonably be held responsible shall release us from our obligation to perform the contract. If we uphold the contract, the Customer shall compensate us for the damage thereby incurred if the impediments fall into his responsibility. Changes in the creditworthiness of a Customer entitles us to rescind the contract or to claim advance payment or collaterals. In this case, the client shall be responsible for the expenses we incur in connection with the placed order. Customer’s claims for damages shall therefore be excluded.
12. NO SETOFF
Customer may not set off its counterclaims against our claims, unless we expressly acknowledge any such set-off in writing and indicate the exact figures in a particular case. A consumer shall be entitled to set off counter-claims if we are unable to pay, if counter-claims are legally related to the consumer’s liability or if counter claims were determined by court order or if we have acknowledged them in writing.
13. COPYRIGHT AND USE
All designs, drawing, drafts, plans or similar documents prepared by us shall remain our intellectual property. Therefore, notwithstanding any payment, the Customer shall use these for personal purposes only. The Customer may not disclose, copy or exploit in any other form whatsoever the designs, drawings, drafts, plans or similar documents prepared by us without our express written consent. The Customer shall be liable for damages towards us for any disclosure as mentioned above, in which case the Customer shall provide full compensation. All samples provided, if any, shall remain our property and shall be immediately retuned to us if no contract is concluded.
14. RESERVATION OF TITLE
The supplies and services (works) shall remain our exclusive property until our total claim is completely paid. The total claim consists of our claim from the delivery of the product and/or the provision of the service or of any other legal basis. The reservation of title shall only expire once the Customer has paid all our claims. The same applies in particular in case of a debit balance from a current account relationship. The intellectual property pursuant to clause 13 shall remain unaffected. If the Customer is in arrears with payments, we shall be entitled to claim the return of our goods and/or our service (work) at any time, also without rescission of the contract. Legal action to recover the purchase price and/or the service compensation or any part thereof shall not affect our reservation of title. As long as our reservation of title exists, we shall in any case also be entitled to rescind the contract. In case of rescission of contract, the Customer will only receive the amount for the item and/or service (work) returned less handling fees, transportation costs and other disadvantages we incurred on grounds of the rescission of contract including lost profits. As long as our reservation of title is effective, the Customer may only dispose of the item and/our our service (work) after obtaining our prior written consent. In case of disposal of the item and/or our service (work) we shall automatically acquire all and any claims and receivables to which the Customer is entitled on grounds of such a disposal. In case of a combination or processing of the item and/or service, we shall be entitled to all co-ownership claims instead of the Customer. Customer shall immediately notify us before any pledge or other claim of a third party with respect to the delivered item and/or services.
15. NO ASSIGNMENT OF RIGHTS
Rights arising from the business relationship may not be assigned to third parties without our consent.
16. GENERAL
Should any of these Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining terms hereof or the validity of the concluded contract.
17. PLACE OF PERFORMANCE AND JURISDICTION
Place of performance for supplies and services and payment shall be Vienna. All disputes arising from or in connection with this Agreement shall be exclusively referred to the court having jurisdiction in Vienna, unless the Customer is a consumer and the Consumer Protection Act mandatorily provides otherwise.
18. ARBITRATION CLAUSE
When contracts are concluded with Customers who are residents of states with which no convention on the recognition and enforcement of civil claims with Austria exists, the venue clause in clause 17 shall be replaced by the following and the Customer undertakes to conclude a respective arbitration agreement, if required: All disputes arising out of this Agreement shall be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one or several arbitrators appointed in accordance with these rules. The contract shall be exclusively governed by and construed in accordance with the substantive law of Austria, without giving effect to the UN Sales Convention.
19. APPLICABLE LAW
All contracts shall be governed by and construed in accordance with Austrian law without giving effect to the UN Sales Convention, unless expressly agreed otherwise.