Zagrus GmbH Terms & Conditions
- These general terms and conditions (hereafter called “GTC”) of DiniTech GmbH (hereafter called “seller”) shall apply exclusively and are applicable to all agreements between a customer or entrepreneur (herafter called “clients”) and the seller. We do not accept any conflicting or deviating terms and conditions.
- “Customer” in terms of this GTC is every natural person who completes a legal transaction which neither follows predominantly commercial nor independent professional purposes. “Entrepreneur” in sense of this GTC is every natural or legal person or close company with legal capacity, which enters into a legal transaction in the exercise of their independent professional or commercial activity.
Entering into a Contract
- Offers made by the seller via the online shop are non-binding and subject to confirmation by the seller.
- The client may send his offer to the seller with the online order form. The client can add chosen products and services to the virtual shopping basket. Finishing the ordering process constitutes a binding legal contract offer regarding the chosen products and services. Furthermore, contract offers can be submitted by other means, including fax, e-mail and mail.
- In response to the offer via the order online form the client receives a confirmation message via e-mail in which the seller confirms the arrival of the client’s offer (“order confirmation”). The order confirmation does not constitute an acceptance of the request. The aim of the order confirmation shall be the information that the seller received the contract-offer.
- The seller saves the contract offer made by the client via the online order form. Additionally, the seller adds the contract offer to the website. If the client created a personal account before sending the contract offer via online order form, the seller provides contract details to the customer for free after personal username and password are entered.
- Communication regarding the ordering process is undertaken using e-mail addresses on file. The client has to ensure, that the e-mail address provided during the ordering process is valid and active to enable communication. It is the client’s responsibility to ensure that emails by the seller or an authorized third party are not overlooked in the Spam folder of the client.
- The contract is concluded only when the seller accepts the contract offer of the customer. It is possible that the customer gets a delivery confirmation for every single package sent to the customer. If necessary, the order will be delivered in separate packages.
Right of withdrawal / Timelimit for the right of withdrawal
- Contractual parties who are costumers may withdraw from a distance contract or a contract closed out of business premises without giving reasons within 14 days.
- The time for the right to cancel a contract starts
- for service contracts on the day of contract conclusion
- for sales contracts and every other contract with the purpose to purchase goods a) on the day the customer or authorized third party, with exception of the provider of transportation, gets into possession of the products, b) when the customer ordered more goods within one order, but the goods are delivered separately, on the day, the customer or authorized third party, with exception of the provider of transportation, gets into possession of the last delivered part of the order, c) in case of partial delivery on the day, the customer or authorized third party, with exception of the provider of transportation, gets into possession of the last partial delivery d) in case of contracts which treat the routine delivery of goods within a fixed time, on the day, the customer or authorized third party, with exception of the provider of transportation gets into possession of the first delivery 3. in case of contracts defining as object of agreement not the delivery of water, gas, electricity or district heating or the supply of data, not saved on a physical medium to storage data in a limited volume or certain amount, on the day of entering the contract.
- There is no formal requirement for cancelling a contract. The client is allowed to use E-mail. Cancellation requests must be made within 14 days of the date specified above.
Price and Conditions of Payment
- If nothing else is declared, prices have to be treated as final prices which include the legal value-added tax. Delivery costs are provided in the product description and are applied in addition to the declared prices.
- The methods of payment are described in the Online-Shop of the seller.
- If nothing else is declared, payment in advance is the default method of payment.
- In case of purchase on account, the note of costs has to be paid within 14 days after receipt of invoice. It is reserved to the seller to check financial standing if purchase on account has been chosen. In case of negative financial standing the seller is allowed to refuse purchase on account.
- Duty: In case of orders outside of the EU borders, import tariffs or taxes on imports are possible when delivery arrives. All additional charges in connection with tariffs and taxes have to be paid by the client; the seller has no influence on these charges. There are different provisions concerning tariffs and taxes for each country. Connection to the national official authority for tariffs and taxes is required. It should be noted that the client is seen as importer, so the knowledge and abidance by local import laws is required. Data protection of clients is of utmost importance to the seller. Consequently, the seller wants to make clear that opening and inspection of purchased products by customs authorities is possible for international clients.
- If nothing else is agreed, delivery of goods is operated by shipment.
- If delivery is impossible and the transport company returns the goods to the seller, additional costs have to be paid by the client. This does not apply if the client is not responsible for the circumstances of non-delivery or if the client was prevented for any reason, unless the seller had announced delivery to the client appropriate time before.
- Risk passes to the client when the seller hands over the goods to the transport company, in case of accidental perishing or deterioration of the purchased goods. If the client is an entrepreneur, risk passes to the client at the moment of handover to the transport company, at the place of business.
- In case of failure in delivery to the seller, the seller has the right to cancel the contract. This does only apply if the seller is not responsible for the impossibility of delivery. Due diligence of the seller on finding alternative covering transaction with the sub-supplier is requested. In case of unavailability or just partly availability of delivery the client will be informed immediately.
- In case of collection by the client the client will be informed on time by e-mail that the goods are ready to pick up. After this e-mail and consulting the seller the goods can be picked up at the seller’s place of business. In this case here is no charge for transport.
- Delivery and performance dates are subject to the timely delivery to the seller by his sub-suppliers, as far as the seller is not responsible for the impossibility or delay of delivery. Vis maior including strike, lockout, blockade, fire, traffic block, disturbance of energy or insufficiency of basic materials exceptional circumstances and other sovereign measures, which the seller is not responsible for, extend the delivery time appropriately. As far as delivery is impossible, partly impossible or unacceptable the seller may withdraw from the contract. The mentioned circumstances do not permit claims to compensations or reduction of price for the client.
Retention of title
- Concerning customers: The seller shall retain title to all items delivered until full payment.
- Concerning entrepreneurs: The seller shall retain title to all items delivered until the seller’s claim arising from the business connection have been paid in full.
- It is permitted to resell the delivered goods before full payment has been made.
- If the goods are defective, the statutory provisions apply.
- Limitation period for customer claims is determined
- for new goods, 2 years, starting with delivery at the place of the client
- for used goods, 1 year, starting with handing over the items to the clients.
- Contractual parties who are costumers are requested to complain goods immediately at the deliverer, if obvious damages caused by transport are detected and thereof to inform the seller. In case of failure to follow this procedure, it has no effect on the legal or contractual claims for clients.
- In case of subsequent performance the client has to send back the defect products to the seller within 30 days. The reshipment has to be in accordance with the statutory provisions.
- Misprints, model-modification, deviation of colour or structure differing to the description of the products are in retention of the seller.
The seller is liable out of every contractual, quasi-contractual and legal, as well as tortious claims, for damage compensation or any other compensation as follows:
- The seller is liable on every legal basis without restrictions
- in case of intent or culpable negligence
- in case of culpable or intentional injury of life, body or health
- in case of promising guarantee, as far nothing else is agreed
- in case of cogent liability like the “Produkthaftungsgesetz”
- If the seller breaches negligently an essential contractual obligation, the liability is limited to the typical, foreseeable damages, unless 8.1 is applicable. Essential contractual obligations are obligations that are required to reach the purpose of the contract, to which the client may rely on.
- Any other liability is excluded.
- The provisions above regarding liability also apply to vicarious agents and legal agents of the seller
- This contract shall be governed exclusively by the law of Austria. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. It is Austrian jurisdiction agreed. The place of jurisdiction for all litigation arising from this contract the place of the seller is agreed.
- The place of jurisdiction for all actions arising out of this contract against customers who have their ordinary residence, domicile or place of employment in Austria, is where the customer has his ordinary residence, domicile or place of employment
- If any part of these General Terms is or becomes legally invalid or ineffective, the validity of the other provisions shall not be affected thereby.