Phone: +43 664 182 13 79
Austria / Europe
General Terms and Conditions
- CONTRACTUAL OBJECT
1.1 The following terms and conditions apply to all deliveries of MS-MED (MS-PUREWATER), Marcus Schreiber, Waldgasse 20, 3001 Mauerbach, Austria (seller) with its customers. The general terms and conditions apply to consumers according to the Austrian Consumer Protection Act (KSchG), BGBl. No. 140/1979, unless it is expressly stated that they should only apply to corporate customers. Consumer within the meaning of the Austrian Consumer Protection Act (KSchG), BGBl. Nr. 140/1979, is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed.
1.2 The application of deviating terms and conditions of customers is expressly contradicted. These apply only if and to the extent their application has been expressly approved.
- CONVENTION OF THE TREATY
2.1 The presentation of goods on the website of the seller does not constitute an offer to conclude a contract, but an invitation to submit an offer by the customer (invitatio ad offerendum). Only the completion of the order process constitutes a legally binding offer for conclusion of the contract by the customer (order). To place the order, the customer can request a product description and an offer by clicking on the corresponding button in the product view. If necessary, options such as color, size and number are available. The order can be made by accepting the offer in written form by mail or fax, referring to the previously received offer. There is a list of the product selection included. The customer has the opportunity to make changes to the selection or to remove products from the selection. If the customer does not accept the offer in an appropriate form, it expires after 7 days after completion without further claim to validity. The order will be continued, in which the customer accepts the offer in writing and announces all details relevant to the contract. The customer will then receive an invoice by mail, which must be paid according to the payment date. The receipt of the payment on the account of the seller completes the order process and the goods will be shipped by the customer selected shipping to this.
2.2 The seller’s product range generally contains only available goods. Nevertheless, the seller reserves the right to check availability in the individual case upon receipt of the order and will inform the customer immediately and immediately reimburse the customer for payments already made if the ordered goods are exceptionally not available.
2.3 The contract text is not saved. The terms and conditions can be viewed at any time on the seller’s website. The order data will be sent by e-mail to the e-mail address provided when placing the order. After completion of the order, the order data is no longer available.
- PAYMENT TERMS
3.1 The customer receives an invoice after acceptance of the offer simultaneously with the confirmation of the order.
3.2 The goods are shipped only against advance payment, unless otherwise agreed. If the goods are shipped on account, the purchase price is due immediately without deductions.
3.3 The customer only has the right of set-off if his counterclaim has been legally established or is undisputed. The customer is entitled to assert a right of retention only for counterclaims from this contractual relationship.
4.1 The sold goods remain the property of the seller until full payment of the purchase price. The buyer undertakes to treat the goods with care until the transfer of ownership.
4.2 Attachment, insolvency, damage or loss of the goods as well as changes of ownership shall be reported by the buyer to the seller without delay.
- DELIVERY, SHIPPING COSTS
Delivery shall be made within five working days unless otherwise indicated. The freight, delivery and shipping costs are clearly listed in the offer and charged by the seller without additional charge.
- COST TRANSFER AT RETURN
As far as the consumer according to Austrian Consumer Protection Act (KSchG), BGBl. Nr. 140/1979, is, this has a legal right of withdrawal. If the customer exercises his legal right of revocation, he has to bear the regular costs for the return of the goods, if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed 40 euros or if the consumer is at one higher price of the thing at the time of cancellation, the consideration has not yet or a contractually agreed installment has not yet provided.
- REVOCATION RIGHT FOR CONSUMER CUSTOMERS
Exclusively for consumers according to the Austrian Consumer Protection Act (KSchG), BGBl. Nr. 140/1979, d. H. natural persons who conclude a legal transaction for a purpose which can be attributed neither to their commercial nor their independent professional activity, which follows:
You have the right to withdraw from this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (MS-MED / MS-PUREWATER, Marcus Schreiber, Waldgasse 20, 3001 Mauerbach, Austria) by means of a clear statement (eg: a letter sent by post, fax or e-mail) inform about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
FOLLOWING THE REVOCATION
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for any loss of value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods
END OF REVOCATION
Area exceptions: The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer or can spoil quickly or their expiration date quickly would be exceeded. The same applies to goods that have been inseparably mixed with other goods after delivery due to their nature.
8.1 The warranty is based on the statutory provisions.
8.2 When buying used items, the limitation period is 12 months, calculated from the delivery of the item.
8.3 For business customers only, what follows:
The assertion of warranty claims presupposes that the customer has duly complied with his inspection and complaint obligations in accordance with § 377 UGB. The limitation period for claims for defects is 12 months from the transfer of risk. Insofar as the object of the contract is a used item, the warranty is excluded. This does not apply if there is a guarantee of quality or a liability for malice.
9.1 In case of intent or gross negligence as well as in the absence of a guaranteed property, the seller is liable for all damages without limitation.
9.2 In the event of slight negligence, the seller shall be liable without limitation in the event of injury to life, limb or health. If the seller falls into default of performance due to slight negligence, if there is impossibility or if there is a material breach of duty, the liability is limited to the contractually foreseeable damage.
9.3 Incidentally, liability is excluded, with the exception of compulsory liability under the Product Liability Act.
- RISK OF DANGER
The following applies exclusively to corporate customers: Unless otherwise agreed, the delivery will be “ex works”.
- OTHER PROVISIONS
11.1 The assignment of claims requires the consent of the seller.
11.2 For the contractual relations of the parties Austrian law is valid under exclusion of the UN sales law. The validity of mandatory provisions of the consumer protection of the country of origin remains unaffected.
11.3 The following applies exclusively to corporate customers: The place of jurisdiction for all disputes is the registered office of the seller.
YOU CAN REACH US FOLLOWING CONTACT DETAILS:
Phone: +43 664 182 13 79
Austria / Europe