Conditions of Use

Terms and Conditions

1 Scope
1.1 For the business relationships between W.E. Blaschitz computer Dispensing Systems drink equipment Handelsgesellschaft mbH, Grazer Str. 58, 8101 Gratkorn, registered in the commercial register of the district court for ZRS Graz under FN 185347 w (hereinafter WEB called), and a customer, the present General Terms and Conditions (below apply called GTC) and valid at the time of the order.
1.2 Consumer business within the meaning of the terms and conditions is a transaction with a customer, the business is not part of his company and the products and services for your own personal gratification purchases.
1.3 To the extent that underlying the transaction is not a consumer transaction, other agreements or conditions will only be recognized by WEB from the contract if this has been agreed in writing.
1.4 By the plain terms of the customer reference to WEB is not bound by them.
2 Order and Contract
2.1 The ordering of goods or contracting of services must be performed by unlimited legal capacity of natural persons or legal persons only by an authorized natural person must be named.
2.2 The data requested in the order data is to be fully and correctly. Change after ordering the data given, the customer is obligated to correct the information as soon as possible by a written notice to WEB.
2.3 With the order, the customer submits a binding offer to conclude a contract for the purchase and / or delivery of goods to WEB. Upon receipt of the offer submitted by the client WEB sends the customer an e-mail confirming the receipt of the order and its details leads (order confirmation).
2.4 The order confirmation does not constitute acceptance of the offer, but is informed that the order was received in WEB. The conclusion of the purchase contract only materializes when WEB ship the ordered product to the customer and sending a second e-mail (confirmation of dispatch) or the customer confirms in writing the acceptance of the contract. Any products on the same order which are not listed in the shipping confirmation, no contract.
3 Resignation and withdrawal
3.1 Consumer may cancel the contract within seven working days, with Saturday does not count as a business day, without giving reasons in writing or by returning the goods. The period begins for contracts for the supply of goods on the date of receipt by the consumer and for contracts for the provision of services with the date of contract. In case of recurring deliveries of similar goods, the period begins upon receipt of the first partial delivery.
3.2 If a customer, for which it is the underlying business is not a consumer transaction or a consumer to cancel the outside of his right of withdrawal, this is possible only with the written consent of WEB and against reimbursement of the cancellation of the contract related costs.
3.3 The cancellation of the contract by written notice or return of the product should be sent to: WE Blaschitz computer-drink dispensing system equipment Handelsgesellschaft mbH, Grazer Str. 58, 8101 Gratkorn.
3.4 In case of an effective withdrawal, the contract goods already received are (or services) reset and issue the possible benefits for use. If the customer can not received the goods or only return them in a deteriorated condition, he is liable to pay a reasonable compensation WEB. However, the customer can thus avoid having to pay compensation by not using the goods as his property in use and omitting everything, which can affect the value of the goods.
3.5 Transportable goods are returned. The customer has to bear the cost of return if the delivered goods correspond to the ordered. Otherwise, the return of the goods to the customer is free.
3.6 The right does not apply to the supply of goods that have been manufactured to specific customer requirements, are not suitable for return or whose revocation or expiration date has been exceeded.
4 Delivery
4.1 Unless otherwise agreed, the delivery to the delivery address specified by the customer within 30 days from the issue of the Dispatch Confirmation.
4.2 The place of performance shall - irrespective of delivery or of performance - the seat of WEB.
4.3 WEB expressly points out that all information on availability, shipment or delivery of goods or performance data are estimated and approximate values. In this regard are not binding, unless they were assured exceptional writing.
4.4 If WEB is unable without any fault in the delivery or performance, for example by events of force majeure, traffic disruptions, strikes or as a supplier of WEB does not fulfill its contractual obligations or materials are not available, the delivery or performance time is extended by the period of disability. The statutory rights are not affected.
4.5 If a delivery to the customer is not possible, for example because the goods given their size or weight can not be accepted by the customer or because the recipient is not available at the delivery address given by him, even though the product characteristics and the time of delivery to the customer within a reasonable time were announced, the customer shall bear all costs of the unsuccessful delivery.
4.6 To the extent that the underlying business is not a consumer business and otherwise agreed, estimates are writing, is limited, obligation and payment. Cost estimates are non-binding and free of charge.
4.7 All plans, drawings, designs, dimension and weight as well as technical descriptions, but also brochures, catalogs, samples and the like shall remain the property and intellectual property of WEB. The information contained in it are - unless otherwise indicated or called - approximate indicative and not assured characteristics. Any use of the documents described above without the consent of this WEB entitled to claim damages and / or injunctive relief.
4.8 To a delivery or service WEB is only required if the customer has fulfilled all its obligations under the contract.
5 Prices and Price Changes
5.1 The selling price of each product is given in EUR and understood basically as a final price for the product including VAT.
5.2 The sale price does not include Shipping costs. The Shipping costs will be calculated depending on the shipping provider, which are chosen separately in each case by the customer and agreed with WEB.
6 Payment, payment and default
6.1 The customer may pay the purchase price in cash on account, pay by credit card or prepayment. Unless otherwise agreed, payment must be received within 7 days of the purchase price upon receipt of invoice.
6.2 WEB reserves the right to prescribe certain methods of payment in individual cases or not to offer.
6.3 WEB is entitled in the event of any default in payment by the customer to withhold the delivery or service and is committed only after full payment for other services.
6.4 Undedicated payments will be credited first to interest on costs, then to costs and then to principal interest and finally to the principal.
7 Retention of title
Ordered goods remain to WEB after delivery and handover to the customer until full payment of the purchase price and all the related price components as well as costs of ownership.
8 Set-off
A right of set-off to the customer only if his counterclaim has been legally determined by a court or an authority or declared in writing by WEB undisputed. Furthermore, the customer is only entitled to exercise a right of retention when his counterclaim is based on the same contractual relationship.
9 Defects liability and warranty
9.1 To the extent that the underlying business is a consumer transaction the statutory rights remain unaffected.
9.2 To the extent that the underlying business is not a consumer transaction, the following deviations from the statutory warranty provisions shall apply:
a) Lockable or defects found are due within 14 days after delivery or display knowledge WEB, otherwise, warranty, indemnity and error claims pursuant to § 377 para 2 and 3 UGB by the customer can no longer be asserted.
b) Are the parts affected by the lack of anyone else been changed as a web, the customer claims are extinguished from the warranty.
c) The warranty period shall be in accordance with § 933 paragraph 1, last sentence of six months for moving Civil Code and twelve months for immovable property.
d) The existence of a defect at the time point to prove against the presumption according to § 924 of the Austrian Civil Code of the customer.
e) WEB has in the case of warranty claim, the choice between improvement and replacement of the item.
9.3 Dates associated with warranty claims of the customer are to be agreed in each individual case.
9.4 WEB unlimited liability if the damage is caused by intent or gross negligence.
9.5 Furthermore WEB is liable for the negligent breach of material obligations, the violation endangers the purpose of the contract, or for breach of obligations whose fulfillment may be the proper execution of the contract in the first place and on whose compliance familiar regularly. In this case, however, WEB is only liable for the foreseeable, typical damage. WEB shall not be liable for slight negligent breach of obligations other than those listed.
9.6 The foregoing limitations of liability shall not apply to injury to life, body and health, for a defect after a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the product liability law remains unaffected.
9.7 A guarantee of WEB is available only if and insofar as written in an offer or a written confirmation is expressly designated as such and there is also an obligation held under the guarantee in detail.
10 Data Protection
Necessary data for the transaction will be saved. All personal data is handled confidentially. In the privacy statements of WEB referenced.
11 Governing Law and Jurisdiction
11.1 The contractual relationship between the customer and the WEB and Conditions are subject to the substantive law of Austria. Other national laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
11.2 For customers who are a public law special fund, a legal entity under public law or business, Graz shall have exclusive jurisdiction for any of the contract and the terms of disputes arising.
11.3 To the extent that the underlying business is a consumer transaction is for disputes arising from the contractual relationship and the terms and conditions in actions brought against a consumer by a jurisdiction in which respective residence.
12 Others
12.1 The Customer acknowledges the validity of his appointment with transmission of the GTC.
12.2 WEB is entitled to transfer the acquired rights and obligations to a third party. The customer takes the possible transfer approval.
12.3 All to be delivered under the contract notices, requests, demands, requests or other communications shall be made in writing and are or business delivery address of each contractor to submit to the.
12.4 WEB reserves the right to change the Terms at any time without notice for any reason.
12.5 If any provision of the Terms is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed replaced by a provision which comes as the meaning and purpose of the ineffective provision in a legally effective manner. The same applies to possible gaps.