General Terms and Conditions of Business for the fingerschutz webshop
version: 02.09.2005
Please note: This is a translation from the German document. Should the English
text deviate from the German version, the German text as attached to the end of
the downloadable Conditions of business shall always prevail.
1 Shop owner
The fingerschutz webshop is a service provided by
KIKIDOO Fingerschutz
Christine Barwick
Grabenstrasse 14
A-8010 Graz
phone: +43 (316) 673026
Fax: +43 (316) 673026 4
Web: www.fingerschutz.at
e-mail: bestellung@fingerschutz.at
Handelsgericht Graz
UID: ATU 61821158
Konto: 02700-814060 bei der Steiermärkischen Sparkasse - BLZ: 20815
2 Scope
2.1 The following "General Terms and Conditions of Business" (COB),
in the version valid on the day of order, apply to all sales contracts regarding
the goods offered in the fingerschutz webshop between KIKIDOO Fingerschutz
and
its customers.
2.2 KIKIDOO Fingerschutz
sells and delivers exclusively according
to this General Terms and Conditions of Business, contrary conditions of the
contracting party are not accepted by KIKIDOO Fingerschutz
Verbal
subsidiary agreements between the contract parties do not exist, additional
amendments or additions require our written confirmation or acceptance to be
valid.
By submitting his order the customer declares his consent with these General
Terms and Conditions of Business and agrees to be bound by them.
2.3 If single regulations of this General Terms and Conditions of Business
are completely or partly ineffective due to mandatory legal rules (particularly
the provisions of the Austrian Consumer Protection Act[KSchG]), the other regulations
of these COB still remain in full force and effect. In place of the ineffective
regulation an effective one shall be used, which is as close as possible to
the economical and legal meaning and purpose of the former one.
3 Contract conclusion
3.1 KIKIDOO Fingerschutz
reserves the right to change the provided
services content at any time.
3.2 All offers from KIKIDOO Fingerschutz
(leaflets, catalogues,
price lists, web shop ...) are without engagement and considered a invitation
to the customer to make an offer himself. The contract becomes valid through
acceptance of the order by KIKIDOO Fingerschutz
and to be more
precise either by sending an order confirmation by means of mail, telefax or
e-mail or immediately by delivering the ordered product.
4 Contract language
4.1 The contract terms, all other information, customer service and complaint
handling are offered generally in German. Provided that translations into other
languages are offered the German language version applies in the case of doubt.
5 Right of withdrawal from distant selling contracts
5.1 Customers who are consumers as defined in the Austrian Consumer Protection
Act are entitled to withdraw from distant (e.g. concluded by fax, e-mail, web
shop, telephone, …) contracts (or a submitted distant selling order)
within fourteen business days after receipt of the ordered goods. It is sufficient,
if the declaration of rescission is mailed without detail of reasons within
this period.
5.2 In the case of withdrawal a refund of the purchase price shall only take
place concurrently with the return of the goods received by the customer. It
is a condition therefore, that the product is in unused and resaleable-as-new
condition. The costs of the return are for debits of the customer.
5.3 There isn't a right of withdrawal at items which are damaged or impaired
by use traces.
6 Prices
6.1 In principle, the purchase price resulting from the current leaflets,
catalogues, price lists, web shop and similar publications of KIKIDOO Fingerschutz
applies
to the ordered goods.
6.2 As far as not indicated differently, all price quotations are daily gross
prices in Euro, "ex stock" including legally applicable value added
sales tax(VAT), exclusive of all expenses due to shipping.
6.3 If export or import duties should get due with shipping, these are at
the expense of the customer. The prices for the offered products and services
do not include costs which are charged by third parties.
6.4 No VAT is charged on sales to customers outside the EC, these customers,
however, must pay the respective national import duties. Business 2 business
sales within the EC can be handled exclusive Austrian VAT, if an European Value
Added Tax Identification Number is provided, these contractors are required
to pay the applicable VAT in their respective country.
7 Shipping costs
7.1 The shipping costs are calculated at handing in of the order in the fingerschutz
web shop depending on the chosen dispatch option and are immediately apparent.
The expressed shipping costs are for debits of the customer.
8 Delivery terms
8.1 Regular the delivery is carried out within 7 working days as of the customer’s
order, but at all events within 30 days as of order date. If we should not
be able to accept an order, e.g. due to the non-availability of the product,
we immediately inform the customer about that.
8.2 The delivery is carried out to the address given by the customer. In
case of false, incomplete or unclear address details given by the customer,
the customer bears all costs arising from that.
9 Passing of risk
9.1 With despatch of the product by KIKIDOO Fingerschutz
the
risk is transferred to the customer.
10 Terms of payment
10.1 Payment can be made alternatively by means of accepted credit card,
cash in advance to our account or by cash on delivery at receipt of the delivery.
10.2 We accept credit cards from VISA and MasterCard.
10.3 Cash in Advance should be paid exclusively to our
Account: 02700-814060 bei der Steiermärkischen Sparkasse - BLZ: 20815
Delivery is carried out at cash in advance only after complete transfer of
the order amount to our account. Transfer charges and the like shall be borne
by the customer
10.4 If the delivery is carried out by cash on delivery, the purchase price
has to be paid without deduction immediately at goods take-over by the customer.
An additional COD fee is charged with the bill.
10.5 In case of delayed payment, a default interest in the amount of 10%
per year will be charged. The customer is obliged to compensate all necessary
reminder and collection expenses, resulting from his delay in payment. KIKIDOO Fingerschutz
reserves the right to claim a higher delay damage.
11 Warranty and compensation
11.1 Appearing defects shall – excluding harmful legal consequences
for the customer, who is a consumer according to the Austrian Consumer Protection
Act (KSchG), on failure to do so - preferably be claimed on delivery or after
becoming visible.
11.2 In case of a legitimately claimed defect, KIKIDOO Fingerschutz
is
entitled to choose between elimination of the lack or replacing the delivery.
If lack elimination fails or we are not able to replace the product, the customer
is authorized to demand a price reduction or, if it are not slight lacks, annulment..
The legal warranty regulations are valid opposite to customers who are consumers
according to the Austrian Consumer Protection Act (KSchG).
11.3 KIKIDOO Fingerschutz
shall only be liable for damages
arising from firm intention and gross negligence with the exception of damages
to persons. The compensation of lack resultant damages as well as of pure capital
damages is excluded opposite companies. Slight or gross negligence has to be
proven by the claimant, if it is not a consumer transaction.
12 Retention of Title
12.1 KIKIDOO Fingerschutz
retains ownership on the purchased
goods until receipt of the complete purchase price.
13 Data privacy protection
13.1 The employees of KIKIDOO Fingerschutz
are subject to the
secrecy obligations of the Austrian Data Protection Law.
13.2 The customer accepts, that his customer data, contained in the contract
will be stored and processed for purposes of our accounting and customer evidence.
The information is used to satisfy legal regulations and to handle payment
transactions.. Customer data is not passed on to third parties, unless absolutely
neccessary in order to fulfil the contract. Contractors of KIKIDOO Fingerschutz
are
instructed about this data protection rules and comply with them.
13.3 The customer agrees to be informed about services and products from
KIKIDOO Fingerschutz
also by e-mail. This consent can be revoked by the
customer at any time.
14 Place of jurisdiction and applicable law
14.1 Austrian law under exclusion of the UN agreement for contractual international
sale of goods, has to be applied to this contract. If the customer is a consumer,
the mandatory regulations of the legislation of the state in which he has his
habitual residence, shall also be applied to this contract.
14.2 Disputes arising from this contract shall be settled exclusively in
the competent court at the registered seat of KIKIDOO Fingerschutz
.
If the customer is a consumer according to the KSchG, the competence of that
court is regarded as justified in whose parish the customer has his place of
residence, his ordinary stay or his location of employment.
14.3 Place of fulfilment is the registered place of business of KIKIDOO Fingerschutz
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