Terms and Conditions

1. Quotation, order, price

1.1. The following terms and conditions of sale and delivery apply to all contracts concluded with us. Other conditions are only binding on us if they are accepted by us in writing. This also applies if the customer refers to their own terms and conditions of purchase. Verbal agreements that impose an additional obligation on us are only binding if they are confirmed by us in writing.

1.2. Our prices are subject to change. The dimensions stated in the price list correspond to the standards applicable at the time and will be amended accordingly if the standard dimensions are changed.

1.3. Our prices exclude statutory VAT and are ex works. Packaging, freight and transport insurance costs shall be borne by the customer.

1.4. For goods ordered electronically, we will confirm receipt of the customer's order without delay. The acknowledgement of receipt does not constitute a binding acceptance of the order unless we expressly state otherwise. For goods ordered electronically, we are entitled to accept the order within three working days of its receipt by us.

2. Payment period, payment terms, withdrawal

2.1. Our invoices are due for payment net without deduction 30 days from the invoice date. The purchase price is due immediately if the customer defaults on other payment obligations towards us. If the payment period is exceeded, default interest of 12% will be charged from the due date until the date of payment, without prejudice to our right to claim further damages caused by the delay.

2.2. The customer has a right of set-off only if their claims have been legally established or recognised by us.

2.3. If the customer is more than 30 days in arrears with payment, if enforcement measures are carried out against them, or if their financial situation deteriorates substantially, we are entitled to withdraw from all delivery contracts not yet fulfilled or to demand advance payments.

3. Delivery

3.1. Partial deliveries are permitted.

3.2. We endeavour to meet delivery deadlines as precisely as possible. Delivery deadlines are not binding. If the end of a delivery period falls within a period of company holiday, the delivery period shall be extended by the duration of the company holiday. In any case, claims for damages or cancellation of the contract due to late delivery are excluded unless flagrant gross negligence on our part is proven.

4. Transfer of risk

Shipment is always at the expense and risk of the customer. We are not liable for damage or loss during transport. In the absence of special shipping instructions from the customer, we shall arrange shipment by the route we consider best. Unless the customer gives other instructions regarding insurance against transport damage, we may take out such insurance at the customer's expense. However, we are under no obligation to insure the shipment.

5. Retention of title

Without prejudice to the earlier transfer of risk, the delivered goods remain our property until all obligations of the customer arising from the delivery contract have been paid in full. As long as the goods remain our property, the customer is not entitled to pledge the delivered goods to a third party or transfer them by way of security. If our property is threatened by a third party, we must be notified immediately. If a bailiff seeks to seize the delivered goods, our ownership must be asserted to the bailiff, stating our company name and address. The customer shall reimburse us for all damage and costs arising from a breach of these obligations and from any intervention measures required to protect the goods against access by third parties.

6. Warranty, limitation of liability and indemnification

6.1. The customer must inspect a delivery thoroughly immediately upon receipt. Complaints concerning incomplete delivery or discovered defects must be notified to us in writing within 8 days of receipt of the respective delivery; otherwise the delivery shall be deemed accepted without reservation and any related warranty and damages claims shall be waived. The nature and extent of the defect must be described clearly enough for us to identify the reason for the complaint. The customer is obliged to arrange temporary storage of the goods complained of. In all other respects, our liability for defects in the delivery, to the exclusion of further claims, is as follows: at our option, we shall repair or replace free of charge all parts that demonstrably become unusable, or whose usability is materially impaired, within six months from the date of delivery as a result of a circumstance existing before the transfer of risk, in particular defective design, poor materials or defective workmanship. Natural wear and tear, improper handling, excessive use, negligence and modifications made without our approval exclude warranty coverage. Warranty claims can only be recognised if they are submitted to us in writing immediately after the defect is discovered. Such parts must be sent to us carriage paid. In the event of replacement delivery or a credit note, the replaced item becomes our property.

6.2. Outside the scope of the Product Liability Act, our liability is limited to intent and flagrant gross negligence. Liability for ordinary gross negligence and slight negligence, compensation for consequential damage and financial loss, unrealised savings, loss of interest, and damage arising from claims by third parties against the customer are excluded. Recourse against us under Section 12 of the Product Liability Act is excluded.

6.3. We are liable only for our own content on the website of our online shop. Where we provide access to other websites by means of links, we are not responsible for the third-party content contained there and do not adopt such content as our own. If we become aware of unlawful content on external websites, we will block access to those pages without delay.

7. Acceptance, call-off, return

7.1. Goods purchased on call-off must be accepted within twelve months of the order date. If they are not accepted on time, we are entitled to store the goods ready for dispatch at the customer's expense and risk and to invoice them as delivered, charging all costs incurred. If acceptance is delayed beyond the stated twelve-month period, we are in any case entitled to withdraw from the contract and, without prejudice to further claims, to charge the customer a cancellation fee of 10%.

7.2. Ordered goods will under no circumstances be taken back. Any returned goods will therefore not be accepted and will be sent back at the customer's expense and risk.

8. Intellectual property rights, drawings, samples

The customer is responsible for ensuring that their specifications, or the use of drawings, samples and other execution instructions made available to us, do not infringe third-party intellectual property rights, in particular trademark, design, patent and copyright rights. The customer is obliged to indemnify and hold us harmless in this respect. We accept no liability for the loss of or damage to documents made available to us. Insurance in this respect will only be taken out upon express instruction and at the customer's expense.

9. Data protection

9.1. In our "Privacy Notice", we inform our customers about: the nature, scope and purpose of the collection, processing and use of personal data required for the performance of orders and invoicing; their right to object to the creation and use of an anonymised usage profile for advertising purposes and for tailoring our offer to their needs; the disclosure of data to companies commissioned by us and obliged to comply with statutory data protection provisions for the purpose and duration of the credit check and the shipment of goods; the right to receive information free of charge about their personal data stored by us; and the right to rectification, erasure and blocking of their personal data stored by us. Any collection, processing or use of personal data beyond item 1 requires the customer's consent. The customer has the opportunity to give this consent before submitting the order. The customer has the right to withdraw this consent at any time with effect for the future (see "Data Protection Consent").

10. General provisions, place of performance, jurisdiction, choice of law

10.1. The legal invalidity of any part of these Terms and Conditions of Sale and Delivery shall not affect the validity of the remaining provisions. The version of the Terms and Conditions valid at the time the contract is concluded shall apply.

10.2. The exclusive place of performance for delivery and payment is A 5412 Puch bei Hallein, unless otherwise stated in the order confirmation.

10.3. Salzburg shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship.

10.4. These Terms and Conditions and the contracts to be concluded under them are governed by Austrian substantive law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

10.5. Mandatory consumer rights under the Austrian Consumer Protection Act are not restricted by the foregoing provisions.