- Terms aND Conditions -
§ General Provisions
The following terms and conditions apply exclusively to all deliveries and services, including those arising from an ongoing business relationship, unless expressly agreed otherwise in writing in each individual case. By placing an order, these terms and conditions are deemed accepted and agreed upon in any event.
Any terms and conditions of whatever kind that conflict with these terms of sale and delivery are invalid in their entirety, regardless of the form in which they are communicated. Deviating agreements relating to individual provisions of these terms and conditions shall only be valid if expressly confirmed in writing in advance.
Silence with regard to deviating business or purchasing conditions shall not be deemed consent. Oral agreements shall only be effective if made in writing or confirmed by us in writing. Any agreement to waive the written form requirement in the future must also be made in writing.
§ Offers
Our offers are always subject to change and non-binding. We reserve the right to correct errors in price information and image material.
§ Acceptance (Conclusion of Contract)
Orders placed shall only become legally binding upon dispatch of our written order confirmation (order confirmation by email), exclusively with the content stated therein, or upon execution of the order itself (shipment).
§ Unavoidable Hindrance
Events beyond our control, such as strikes, operational disruptions, force majeure events and, in particular, insufficient self-supply, entitle us to withdraw in whole or in part from agreed delivery obligations. In such cases, the customer shall not be entitled to claim damages or replacement delivery.
§ Performance Period and Deadlines
Any performance periods stated by us are non-binding. The delivery period shall in any case be deemed complied with if the goods leave the warehouse within the agreed or extended delivery period or were ready for dispatch there and could not be dispatched due to reasons beyond our control.
If the commencement or execution of performance is delayed without fault on our part, agreed delivery periods shall be extended accordingly or agreed completion dates postponed accordingly. Any additional costs incurred shall be borne by the purchaser.
Only in the event of a delay caused by us shall the purchaser be entitled, after granting a reasonable grace period, to withdraw from the contract. Any further claims by the purchaser are excluded.
§ Shipping
Shipping is carried out at the expense and risk of the purchaser. Unless a specific mode of transport has been agreed, we are free to choose the method of shipment and are under no obligation to select the most economical option. Transport insurance shall only be taken out upon instruction and at the expense of the purchaser.
§ Prices
Unless otherwise agreed, the prices valid at the time of order according to the price list shall apply. Only prices expressly offered in writing or explicitly designated as binding are valid; otherwise, price and discount changes remain reserved.
In the event of default, suspension of payment or insolvency, any granted discounts shall become void or any invoiced amount shall become immediately due. All prices are quoted ex warehouse, excluding packaging and loading.
If cost factors of the supplier such as purchase prices, customs duties, wages, social charges, taxes or similar increase between conclusion of the contract and performance, such increases shall be borne by the purchaser.
§ Payment
Payment shall be made using the available payment methods: PayPal, advance payment, cash on delivery, or invoice (for regular customers). Upon receipt of payment, dispatch usually takes place within 24 hours, subject to possible delivery delays.
§ Retention of Title
The delivered goods shall remain our property until full payment of all outstanding claims arising from the ongoing business relationship has been made.
§ Default of Payment
In the event of default in payment by the purchaser, we are entitled to charge default interest at a rate of 3% per month. This does not affect any claims for higher interest.
Furthermore, we are entitled to demand immediate payment of the total purchase price, to carry out further deliveries only against advance payment, and to reclaim goods subject to retention of title without this constituting a withdrawal from the contract.
We may also withdraw from the contract in whole or in part. In such cases, we are entitled to a cancellation fee of 10% of the price of the services withdrawn from. All pre-litigation reminder and collection costs shall be reimbursed.
§ Right of Withdrawal
We are also entitled, if adverse circumstances regarding the purchaser’s creditworthiness or economic situation become known after conclusion of the contract, to demand immediate payment of the total price and to withdraw from the contract in whole or in part if payment is not made.
In such cases, we are entitled to a cancellation fee of 10% of the price of the services withdrawn from.
§ Warranty
The delivered goods must be inspected without delay. Complaints shall only be recognized if submitted in writing with a detailed description within 8 days of delivery.
§ Liability
Any liability for damages is excluded unless caused by gross negligence or intent. Gross negligence shall be understood as a conscious disregard of the duty of care.
§ Place of Performance
The place of performance for delivery and payment is the location of our registered office.
§ Jurisdiction
Exclusive jurisdiction for all disputes is the competent court in A-Klagenfurt. Austrian law shall apply exclusively to all agreements and any disputes arising therefrom.
§ Severability Clause
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
Any invalid provision shall be replaced by a provision that most closely approximates the economic purpose of the invalid provision.