§ General

The following terms and conditions apply without exception to all deliveries and services, also by virtue of an ongoing business relationship, unless they have been expressly agreed in writing in each individual case. By placing an order, these terms and conditions are deemed to be acknowledged and agreed in any case. Any terms and conditions of whatever kind that conflict with these terms of sale and delivery shall be completely invalid, regardless of the form in which they are made known. Deviating agreements regarding individual provisions of these terms and conditions require prior express written confirmation in order to be valid. Silence in response to deviating business or purchasing conditions shall not be deemed consent. Oral agreements require written form to be valid or must be confirmed by us in writing. Any agreement to waive this formal requirement in the future also requires written form.

§ Offers

Our offers are always non-binding and subject to change. We reserve the right to correct errors in price information and image material.

§ Acceptance (Conclusion of Contract)

Orders placed shall only become legally binding for us after dispatch of the written order confirmation (email order confirmation), exclusively with the content stated therein, or through execution of the order itself (shipment).

§ Force Majeure / Events Beyond Our Control

Events beyond our control such as strikes, operational disruptions, natural disasters 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 have no claim to damages or replacement delivery.

§ Delivery Periods and Deadlines

The delivery 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 period or were ready for dispatch there and were not shipped solely for reasons beyond our control. If the commencement of performance or the performance itself is delayed without fault on our part, agreed delivery periods shall be extended or agreed completion dates postponed accordingly; any additional costs incurred as a result shall be borne by the customer. Only in the event of a delay in performance caused by us shall the customer be entitled to withdraw from the contract after granting a reasonable grace period; any further claims by the customer are excluded.

§ Shipment

Shipment of goods shall be at the expense and risk of the customer. If no specific mode of transport has been agreed, the choice shall be at our discretion, without any obligation to select the cheapest mode of transport. Transport insurance shall only be taken out at the customer’s request and at the customer’s expense.

§ Prices

Unless otherwise agreed, the prices valid at the time of the order according to the price list shall apply. Only prices offered in writing or expressly stated as binding shall be valid; otherwise, price changes and discounts are reserved. In the event of default in payment, suspension of payment or insolvency, granted discounts shall lapse or any invoiced amount shall become immediately due. All prices are quoted ex warehouse, unpacked and unloaded. If the supplier’s cost factors 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 customer.

§ Payment

Payment shall be made using the available payment methods: PayPal, advance payment, cash on delivery, invoice (for regular customers). After receipt of payment, shipment usually takes place within 24 hours (subject to 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 in Payment

In the event of default in payment by the customer/buyer at the time of invoicing, we are entitled to charge default interest at a rate of 3% per month; existing claims for compensation of higher interest shall remain unaffected. In the event of default in payment, we are further entitled to demand immediate payment of the total purchase price and to carry out further deliveries only against advance payment. If the customer fails to meet their payment obligations, we are entitled, without prejudice to our other rights and without this constituting a withdrawal from the contract, to reclaim goods and equipment subject to our retention of title or to withdraw from the contract in whole or in part; in the event of such withdrawal, we shall be entitled to a cancellation fee of 10% of the price of the services from which withdrawal has taken place. In the event of default in payment, all pre-litigation reminder and collection costs shall be reimbursed.

§ Right of Withdrawal

Even if adverse circumstances regarding the customer’s ability to pay or economic situation become known after conclusion of the contract, we are entitled to demand immediate payment of the total purchase price and, in the event of non-payment by the customer, to withdraw from the contract in whole or in part; in the event of such withdrawal, we shall be entitled to a cancellation fee of 10% of the price of the services from which withdrawal has taken place.

§ Warranty

The delivered goods must be inspected immediately. Complaints shall only be accepted if they are submitted to us in writing and in detail within 8 days of delivery of the goods.

§ Liability

Any liability for damages is excluded unless it is based on 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 shall be the location of our registered office.

§ Place of Jurisdiction

Exclusive jurisdiction for all legal disputes shall be vested in the competent court in A-Klagenfurt. Austrian law shall apply exclusively to all agreements and to any legal 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. The wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.