Terms of Sale & Delivery of Altmann & Kühne OHG
a) These General Terms of Sale and Delivery apply to all deliveries of goods in distance sales ordered at and executed by Altmann & Kühne OHG. Upon ordering or latest upon receipt of the goods, the customer accepts these General Terms of Sale and Delivery. b) Changes or additional agreements are only valid by confirmation of one of the company register registered persons authorised to represent our company and apply only to the individual transaction. Our other staff are not authorised to agree amendments to our General Terms of Sales and Delivery. c) Any condition of the customer is not recognised. d) If any provision of the General Terms of Sale and Delivery are invalid, this shall not affect the validity of the remaining provisions or contracts based on them. The parties agree to undertake a replacement of the invalid provision for a valid one that is closest in meaning and purpose.
a) Any offer is subject to change. Orders of the customer are an offer in legal terms to which the customer is bound for three weeks. The contract is only through by means of our order confirmation or delivery or performance. A separate notification of acceptance to the customer is not required. b) We are entitled to accept orders only partially. c) It is only possible to submit an order if all required fields (fields marked with an asterisk) are filled in. Before submitting the order, the customer receives a summary of the contents of the order including prices, which they can correct or confirm. The receipt of the order with us is confirmed by an automatically generated e-mail, but this does not constitute acceptance of the order. Receipt of messages is only during regular business hours (Monday to Friday from 9am to 4pm, except for public holidays in Austria). Orders sent at any other time, are stored on our server and apply as received only on the next workday. d) The customer is aware that the Internet is not a secure communication medium and that data sent over the Internet, are trackable and alterable by third parties. The customer bears the risk that data is not received at all or not in the form they intended it to be. We assume that any incoming data are in the form the customer has intended to send it.
a) Our prices are inclusive of Austrian VAT, without shipping costs and without any ancillary services, unless other conditions of delivery are stated in the applicable pricelist. For international deliveries the applicable export and import duties apply. b) Our deliveries will be charged with additional packaging and shipping costs (”costs for delivery”); the actual amount depends on the product ordered and the delivery location. A list of shipping costs is available to the customer when placing the order.
4. Delivery and Delivery Time
a) Mailing via EMS (domestic) or shipping via DHL (abroad) is at the risk and expense of the customer at their designated address when ordering.
b) Quoted delivery dates are not binding. If we fail to meet the delivery dates, the customer is entitled to assert the right of withdrawal only if we fail to deliver within a minimum two-week grace period that has been communicated by the customer to us in writing.
c) The delivery time is extended to the duration of events, if any circumstances not in the control of the parties’ will happen to take place, such as cases of force majeure, unpredictable disturbances, government intervention, transportation and customs clearance, transport damage, breakdown in important production components and labour disputes.
d) If partial deliveries are possible, it is our right to deliver partially. Each partial delivery is a separate business transaction and we are authorised to bill it separately.
a) Deficiencies are – without the customer (the consumer according to the Consumer Protection Act) having to face adverse legal consequence for failure – to be claimed upon delivery or immediately after the deficiency is discerned. If the customer is an entrepreneur within the meaning of the Consumer Protection Act, he has to check the goods supplied or the service rendered for completeness, correctness and other defects immediately at receipt, and, in case there are any defects, claim them without delay, no later than five working days after the receipt of the goods or services. If a written complaint is not sent within this period of time, the customer is no longer entitled to claim any right concerning recognisable lack during routine inspection upon delivery.
b) For each type of delivery all claims for defects come under the statute of limitations – regardless on what ground they are based (including warranty, damages, special right of recourse) – within the statutory warranty period of two years from delivery, or performance. For consumers this period begins when defects can be detected for the first time.
c) In case of defect, the customer can choose between improvement or replacement. Only if these two options are not available, the customer – in accordance with statutory regulations – can seek appropriate price reduction or transformation. If we correct a deficiency, it is at our cost and expenses, although we may require that the customer sends - as far as this is possible – the goods at our risk and costs to us. The customer is obliged to give us the opportunity to improve.
We are not liable to damages resulting from any legal cause, in particular for delay, impossibility of performance, positive breach, negligence in contracting, consequential damages, defects or unlawful acts that result of ordinary negligence by us or persons who legally represent us. Customers who are entrepreneurs within the meaning of the Consumer Protection Act have to prove the existence of gross negligence or wilful misconduct. In contracts with consumers, damage to the person and to the goods received for handling is excluded from liability.
7. Terms of payment
a) Our invoices are to be paid immediately prior to the delivery period by advance payment or by credit card – a list of contracting credit card institutions is to be found in the shop system. If you choose to pay with credit card, the amount due is debited on your card upon sending the order. Your credit card details will not be saved in any form.
b) On default of payment, we charge a default interest at the rate of 6 % above base interest rate of the European Central Bank.
c) In case of default by the customer with payment or other services, we are entitled to keep our delivery goods with us for the duration of the delivery period, and unless the contractual obligations have been performed, to cancel the contract after expiry of the extension period, claiming damages for non-performance. In this case the customer has to return the delivered items without delay at their own expense. We reserve the right for compensation in the case of devaluation, signs of wear and tear, costs for delivery we have covered, and other. We also reserve the right to keep or bill 20 per cent of the price as a minimum penalty in this case of withdrawal on our behalf.
d) If there is a breach of contract from the customer’s side, they are obliged to cover all costs in prosecuting our rights. There will be a charge of 5 Euros to the customer’s account per reminder and another 25 Euros for the keeping of a current record of the arrears in our dunning. Furthermore, the customer is bound to replace the costs of debt collecting agencies up to the highest rates in debt collection and the costs of lawyers according to the Lawyers’ Fees Act.
e) The customer is guaranteed that any claims from the company’s side are only initiated in case of his defaults in payment and will be executed strictly according to law. According to the Consumer Protection Act, our right of retention is bound to a claim.
8. Retention of title
Up to the point when full payment of the price including all additional charges is made, the objects delivered will remain our sole and unrestricted property. Until then, they are thus only property entrusted to the customer, which may neither be sold or pledged, nor given away for free or loaned out. The customer is not entitled to dispose of such property without our prior consent and bears the full risk of the goods entrusted to him in every respect, especially the risk of destruction, loss or deterioration.
9. Applicable law, place of performance and jurisdiction
a) Austrian substantive law, excluding the UN Sales Convention, applies to the legal relationship with the customer.
b) Location for payment and performance for all obligations arising from this contract shall be Vienna.
c) As court of jurisdiction for all disputes directly or indirectly resulting from the contract the competent court that has been agreed on is 1010 Vienna. If the customer is a consumer within the meaning of the Consumer Protection Act, this jurisdiction applies as agreed only when the customer has his domicile, habitual residence or place of employment in this district or if the customer resides abroad. We are also entitled to sue the customer at his general place of jurisdiction.
The customer agrees that the data requested and disclosed within the framework of the order and the order handling will be processed, stored and used for purposes of our accounting and for internal market research and marketing purposes. The data is used by us to comply with legal requirements, for payment processing and for advertising purposes.
11. Rescission under § 5 e Consumer Protection Act
a) The customer who is a consumer within the meaning of the Consumer Protection Act can withdraw from a distance contract or in a remotely submitted contract until the expiration of the deadlines listed below. It is sufficient if the cancellation is sent, no received, within this period. The withdrawal period is seven working days, Saturday not counting as a working day. The rescission period begins on the date of receipt by the customer when contracts for the supply of goods apply and with the date of contract when contracts for the provision of services apply. In case we have not met our information obligations according to § 5d paragraph 1 and 2 Consumer Protection Act, the withdrawal period is three months from the dates mentioned in the previous sentence. If we execute our duty to inform within this period, the date of transmission of information by us is also when the above-mentioned period for exercising the right of withdrawal begins.
b) The customer has no right to withdraw from service contracts, when the following conditions apply: execution is started within the agreed 7 working days (§ 5e paragraph 2, first sentence of the Consumer Protection Act); goods or services are involved, the prices of which depend on the development of the rates on financial markets, which is beyond our control; goods have been especially designed according to customer specification, clearly tailored to personal requirements; goods which are due to their condition unsuitable for return, which can spoil quickly or whose expiry dates would be passed; audio or video recordings or software if the delivered goods have been unsealed by the customer; newspapers and magazines with the exception of contracts for periodicals (§ 26 paragraph 1 Z 1 Consumer Protection Act), as well as home deliveries or leisure services (§ 5c paragraph 4 Z 1 and 2 Consumer Protection Act).
c) In executing the right of withdrawal in accordance with paragraph a we have to gradually reimburse for the customer payments and to replace to the customer any necessary and useful expenses on the goods, whereas the customer has to return the received benefits (by convention, the direct cost of returning is to be paid by the customers) and pay us a reasonable fee for the use, including compensation for the associated reduction of the value of our products. The acceptance of goods and services by the customer does not in itself constitute a reduction in value.
a) Notifications and declarations of intent are sent to the address submitted with the order, which makes them legally effective until written notification of a different address is submitted to us. The customer is obliged to specify the relevant details requested in the contract in complete and correct form, when placing the order. In the case of incorrect, incomplete and unclear information by the customer, they are liable to all costs that will result from placing invalid information. In case of other damages, it is the customer’s obligation to notify us of any changes in name, address or a change of residence in written form. If not, any written notification sent to the last known address of the customer, is valid in terms of meeting the requirements of an effective service.
b) For a transfer of the rights under the completed contract with us to any third party our written permission is required.