1. Scope
(1) The following “Terms and Conditions” (GTC) shall apply in the version valid on the date of the order for all contracts of sale of goods and services over the SAMINA Produktions- und Handels GmbH and its customers. Deviating agreements must be in writing. By placing his order the customer agrees to be bound by them with these Conditions.
(2) If (in particular the provisions of the Consumer Protection Act) any provision of these Terms and Conditions due to mandatory legal regulations entirely or partially invalid, the remaining provisions of these Terms shall remain unchanged activity.
2. Conclusion
The SAMINA Produktions- und Handels GmbH reserves the right to change the content offered services at any time. All offers of SAMINA Produktions- und Handels GmbH (brochures, catalogs, price lists, web shop …) are subject to change and as an invitation to understand the customer to make an offer itself. The contract is concluded by acceptance of the order by the SAMINA Produktions- und Handels GmbH, either by sending an order confirmation by mail, fax or e-mail or directly by sending the ordered goods.
3. Contract Language
The contract terms, all other information, customer service and complaint handling are offered generally in German.
4. Right of withdrawal in distance selling
(1) Customers who are consumers under the Consumer Protection Act, may, within a period of seven working days from receipt of delivery of ordered goods from a distance selling (ie by fax, e-mail, web, phone …) concluded contract ( or their remotely submitted order) to resign. For consumer customers from Germany a statutory right of return of 14 days from receipt of delivery. It is sufficient if the declaration of withdrawal within the period without giving reasons is sent.
(2) In case of cancellation a refund of the purchase price only train to train with the return of the goods received by the customer takes place. The condition for this is that the goods are in an unused and as new condition. The cost of the return shall be borne by the customer.
(3) For items that are affected or damaged by wear, is charged by the SAMINA Produktions- und Handels GmbH an appropriate charge for the impairment.
5. Prices
(1) In principle, that purchase price is for the goods ordered as agreed, the results from the current brochures, catalogs, price lists, web shop and the dealer agreement or similar publications of SAMINA Produktions- und Handels GmbH. The SAMINA Produktions- und Handels GmbH reserves the right to check whether the order was placed by a SAMINA dealer. Depending on the status of the corresponding price list with current dealer agreement (Retail Prices Consumer Prices lt. Less discount exclusive of VAT.) Applies.
(2) Unless otherwise stated, all prices than “gross prices for traders” “factory” less discount understood plus statutory VAT exclusive of all expenses incurred in connection with the shipment.
(3) If due in the course of shipping export or import duties, go this at the expense of the purchaser. The prices for the offered goods and services do not include costs that are charged by third parties.
(4) For sales to customers outside the EU no VAT is levied on, but they have to pay the national import duties. Sales to business people within the EC will be included provided that the UID number no Austrian sales tax, this is your responsibility to pay the VAT in their home country.
6. Delivery
(1) Delivery is normally within 7 working days from the customer’s order, but in any case within 30 days from the order date. Should we – as a result of the unavailability of the goods – an order can not accept, we will notify the customer immediately with.
(2) The delivery to the address specified by the customer. Incorrect, incomplete or unclear information by the customer of these bear any costs arising therefrom.
7. Payment
(1) Invoices shall advance no charge to pay with a 5% discount by advance payment or direct debit, unless otherwise agreed.
(2) In case of default will be charged interest at the rate of 10% per annum. The customer is in default of payment undertakes all of the SAMINA Produktions- und Handels GmbH by these late payments incurred for the necessary legal measures necessary reminder and collection charges to be replaced. The assertion of higher damages reserves SAMINA Produktions- und Handels GmbH.
8. Warranty and Damages
(1) any defects are – with no need for the customer, the consumer under the Consumer Protection Act, for failure adverse legal consequences would be connected – to announce possible at delivery or after becoming visible.
(2) In case of a legitimately claimed defect the SAMINA Produktions- und Handels GmbH is to choose whether to remedy the defect, in particular by supplying individual replacement parts, or to replace the goods. This takes train to train. SAMINA is entitled to claim the rejected goods into the production plant in order to assess and edit the claimed defect professionally. If the repair fails or if we are unable to supply a replacement, the customer is entitled to a price reduction or, if it is not deemed minor defects to require conversion. For customers who are consumers within the meaning of the Consumer Protection Act, the statutory warranty provisions shall apply.
(3) The SAMINA Produktions- und Handels GmbH is only liable for damages attributable to intent and gross negligence, with the exception of damage to people. The compensation for consequential damages and pure financial damages to entrepreneurs. The existence of simple or gross negligence, unless it is not a consumer transaction, to prove the victim.
9. Retention of Title
The SAMINA Produktions- und Handels GmbH, the ownership of the purchased goods reserves until receipt of the total purchase price.
10 Data Protection
(1) The employees of the SAMINA Produktions- und Handels GmbH are subject to the secrecy provisions of the Data Protection Act.
(2) The Customer acknowledges that the use contained in the contract data on the customer for purposes of our accounting and customer records are stored and processed. The data are used for the fulfillment of laws and settlement of payments. Customer data will not be disclosed to third parties, except as required for contract implementation imperative. Contractor of SAMINA Produktions- und Handels GmbH are instructed about this data protection rules and comply with.
(3) The customer agrees to be informed about services and products of the SAMINA Produktions- und Handels GmbH (events, publications …) by e-mail. This consent may be revoked at any time by the customer.
11. Jurisdiction and applicable law
(1) This contract shall be applied by Austrian substantive law, excluding the CISG. If the customer is a consumer, then the mandatory rules of the law of the country in which he has his habitual residence, apply to this contract.
(2) Any dispute is the competent court shall have exclusive jurisdiction at the seat of the SAMINA Produktions- und Handels GmbH. If the customer is a consumer under the Consumer Protection Act, the jurisdiction of the court is considered established in which the domicile, habitual residence or place of employment of the customer.
(3) Performance is the headquarters of the SAMINA Produktions- und Handels GmbH.