1. validity of general terms and conditions (GTC)

Unless expressly agreed otherwise, our General Terms and Conditions as notified to the contractual partner shall apply.

Our contractual partner agrees that, in case of doubt, our terms and conditions shall be assumed in the event of the use of general terms and conditions by him, even if the terms and conditions of the contractual partner remain unchallenged.

Acts of fulfilment of the contract on our part shall not be deemed to be consent to contractual terms and conditions that deviate from our terms and conditions. If ambiguities nevertheless remain in the interpretation of the contract, these shall be resolved in such a way that those contents are deemed to have been agreed which are usually agreed in comparable cases.

2nd offer

Our offers are subject to change.

We are bound to our offer for 30 days from the date of issue.

2.1 Offers in distance selling / The instruction on the right of cancellation

2.1.1 In the case of online ordering of goods1

Customers who are consumers within the meaning of the Consumer Protection Act may withdraw from a contract concluded at a distance (or a contractual declaration made at a distance) within a period of 7 working days from receipt of the delivery of the ordered goods.1

It is sufficient if the cancellation notice is sent within the deadline without giving reasons; Saturdays do not count as working days.1

In the event of cancellation, full or partial reimbursement of the purchase price shall only take place concurrently with the return of the goods received by the customer. The costs of returning the goods shall be borne by the customer.1

The goods should be returned in unused and resalable condition and in their original packaging. In the case of items that are impaired by signs of use - provided these have not been caused by normal use - we will charge a reasonable fee for the reduction in value. The same applies if accessories or parts are missing when the goods are returned.

The costs of returning the goods shall be borne by the customer. If the goods are returned carriage forward, we are entitled to retain or invoice a corresponding amount.1

For audio or video recordings such as CDs, DVDs, videos, etc. and for computer software, there is only a right of cancellation if the goods have not been unsealed.1

3. protection of plans and documents / confidentiality

Cost estimates and other documents such as brochures, catalogues, samples, presentations and the like shall remain our intellectual property. Any use, in particular the passing on, duplication, publication and making available, including the copying of extracts, requires our express consent.

4th price (purchase price)

If no reasoned objection to our invoice is raised in writing within 2 weeks, it shall in any case be deemed approved.

Unless expressly stated otherwise, all prices quoted by us are exclusive of VAT. In the event of invoicing, the statutory VAT will be added to these prices.

5. terms of payment (due date, instalment, discount)

The buyer undertakes to pay the purchase price in full upon conclusion of the contract.

Payment shall only be deemed to have been made on time if the amount has been received or credited to our account on the due date.

6. interest on arrears

Even in the event of default in payment by the buyer/customer through no fault of his own, we shall be entitled to charge interest on arrears at an annual rate of 10 % above the base rate; this shall not affect claims for compensation for proven higher interest.

7. transport - transfer of risk

Our sales prices do not include the costs of delivery, assembly or installation. However, we can provide these services on request for a separate charge.

8. reservation of title

The goods shall remain our property until the purchase price and all costs and expenses have been paid in full. A resale is only permitted if we have been notified of this in good time in advance, stating the name or company name and the exact business address of the buyer, and if we agree to the sale. In the event of our consent, the purchase price claim shall be deemed assigned to us and we shall be authorised to notify the third-party debtor of this assignment at any time. In the event of a plurality of claims on our part, payments by the debtor shall be allocated primarily to those of our claims that are not (or no longer) secured by a reservation of title or other means of security.1

In the event of even partial default of payment, the buyer hereby agrees that we may collect the goods at any time at his expense.

In the event of default, we shall be entitled to assert our rights arising from the retention of title. It is agreed that the assertion of the retention of title does not constitute a cancellation of the contract, unless we expressly declare the cancellation of the contract.

9. place of fulfilment

The place of fulfilment for both our performance and the consideration shall be ... (e.g. registered office of the company, address, exact location if applicable, etc.).

1O. Non-fulfilment/delay in delivery and performance

In any case, the buyer/customer must accept minor delays in delivery without being entitled to claim damages or to withdraw from the contract.

11. cancellation fees

The buyer has the right to withdraw from the contract against payment of a cancellation fee of 3% of the purchase price without giving reasons (§ 909 ABGB).

12. unilateral changes in performance

Objectively justified and reasonable changes to our delivery obligation, in particular reasonable delivery deadlines or short-term payment deadline overruns on our part, shall be deemed to have been approved in advance.

13. warranty

Apart from those cases in which the right to cancellation of the contract exists by law, we reserve the right to fulfil the warranty claim at our discretion by improvement, replacement or price reduction.

The transferee must always prove that the defect already existed at the time of handover.

The goods must be inspected immediately after delivery. Any defects found must also be reported to the seller immediately, but at the latest within ... days of delivery, stating the nature and extent of the defect.

Hidden defects must be reported immediately after their discovery. If a complaint is not made or not made in good time, the goods shall be deemed to have been approved. The assertion of warranty claims or claims for damages as well as the right to challenge errors due to defects are excluded in these cases.

The warranty period for movable items is ... months, for immovable items ... years from delivery/service.

13.1 Right of recourse pursuant to § 933b ABGB

The right of recourse according to § 933b ABGB is excluded.

14. compensation for damages

Apart from personal injury, we shall only be liable if the injured party can prove gross negligence on our part.

15 Product liability

Any recourse claims made against us by contractual partners or third parties on the basis of „product liability“ within the meaning of the Product Liability Act are excluded, unless the party entitled to recourse proves that the defect was caused within our sphere of responsibility and was at least the result of gross negligence.

16. set-off

Offsetting against our claims with counterclaims of any kind whatsoever is excluded.

17. prohibition of refusal of performance and prohibition of retention

Justified complaints do not entitle the customer to withhold the entire invoice amount, but only an appropriate part of the invoice amount.

18. formal requirements

All agreements, subsequent amendments, supplements, collateral agreements, etc. must be made in writing to be valid, including the original signature or secure electronic signature.

Declarations, notifications, etc. addressed to us - with the exception of notifications of defects - must be made in writing to be legally effective, including the original signature or secure electronic signature

19 Choice of law

This contract shall be governed by Austrian substantive law.

20 Jurisdiction agreement

The competent court at the registered office of our company shall have local jurisdiction to decide on all disputes arising from this contract. However, we also have the right to take legal action at the general place of jurisdiction of the contractual partner.

21. arbitration agreement - arbitration

21.1 Domestic arbitration 4
All disputes arising from this contract shall be finally settled by the Permanent Court of Arbitration of the Chamber of Commerce in ... by a sole arbitrator/panel of arbitrators (delete as appropriate) in accordance with the rules of arbitration applicable to the same.

21.2 International Arbitration in the Austrian Federal Economic Chamber 6
All disputes arising out of this contract or relating to its breach, cancellation or nullity 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 more arbitrators appointed in accordance with these Rules.

All disputes arising out of this contract or related to its violation, termination or nullity 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 more arbitrators appointed in accordance with these rules.

21.3 Arbitration at the International Chamber of Commerce in Paris
All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.