Terms of service
Ing. Roman Kaubek Schmiermittel
Phone: +43 (0) 650 300 999 6
VAT ID: ATU55495707
Chamber of Commerce Lower Austria
General terms and conditions valid from 28.02.2017
§ 1 General terms and conditions
(1) The following terms and conditions apply to all contracts between Ing. Roman Kaubek Schmiermittel, Triesterstrasse 27, 2620 Neunkirchen – hereinafter referred to as vendor – and the customer, which are agreed via the online store of the vendor. Unless otherwise agreed, the inclusion of the customer’s own conditions is contradicted.
(2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for a purpose that can neither be attributed to his commercial nor self-employed professional activity. An enterprise is any natural or legal person or a partnership with legal capacity, which acts in exercise of its independent professional or commercial activity when concluding a legal transaction.
(3) Contract language is German. The contract text is stored with the vendor. However, the storage is only limited in time, so the customer himself has to provide for a printout or a separate storage.
§ 2 Subject matter of the contract
Subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods can be found in the description of the article and the supplementary information on the internet page of the vendor.
§ 3 Conclusion of the contract
(1) The goods offered by the vendor on the Internet do not represent a binding offer to conclude a purchase contract, but an invitation to place an order (purchase offer by the customer).
The customer can submit his purchase offer by telephone, in writing, by email or via the online ordering system.
When purchasing via the online store system, please note:
The goods intended for purchase are stored in the “shopping cart”. Using the corresponding button in the navigation bar, the customer can access the “shopping cart” and make changes there at any time. After accessing the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data is displayed again. Before sending the order, the customer has the possibility to check all details again, to change them (also via the “back” function of the internet browser) or to cancel the purchase. By sending the order via the corresponding button, the customer submits a binding offer to the vendor. The customer first receives an automatic email about the receipt of his order, which does not yet lead to the conclusion of the contract.
(2) The use of approved immediate payment methods by the customer does not yet lead to the conclusion of a contract despite purchase price or fee payment. The acceptance of the offer (and thus the conclusion of the contract) takes place in any case by confirmation in text form (e.g. email), in which the processing of the order or delivery of the goods is confirmed to the customer, or by sending the goods.
If the customer has not received an order confirmation or notification of delivery or goods within 5 days, he is no longer bound to his order. Any services already rendered will be reimbursed immediately in this case.
§ 4 Prices, shipping costs
(1) The prices quoted in the respective offers and the shipping costs are final prices. They include all price components including all applicable taxes.
(2) The applicable shipping costs are not included in the purchase price, they can be called up via the “Payment and Shipping” page, are shown separately during the ordering process and are to be borne additionally by the customer, unless delivery free of shipping costs has been promised.
§ 5 Terms of payment and shipping
1) The conditions for payment and shipping can be found under the button of the same name in the navigation.
(2) If, contrary to expectations, a product ordered by the customer is not available despite the timely conclusion of an adequate covering transaction for reasons for which the vendor is not responsible, the customer will be informed immediately of the non-availability and, in the event of withdrawal, any payments already made will be refunded immediately.
(3) As a consumer, the customer is asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify the vendor and the carrier of any complaints as soon as possible. The warranty claims of the customer remain unaffected.
As far as the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to the customer when the goods are handed over to the customer by the commissioned transport company, regardless of whether the shipment is insured or uninsured.
If the customer is not a consumer, the delivery and dispatch is at his risk.
§ 6 Set-off, Right of Retention
(1) The customer only has the right to offset if the counterclaim is undisputed, legally established or recognized by the vendor.
(2) The customer may only exercise a right of retention if it concerns claims from the same contractual relationship.
(3) In the case of consumers, we reserve title to the purchased item until the invoice amount has been paid in full. If you are an enterprise in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve the right of ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
(4) If the customer is in arrears with any payment obligations to us, all existing claims shall become due immediately.
§ 7 Warranty
(1) The statutory provisions shall apply.
(2) In the case of used goods, the warranty period shall be one year from delivery of the goods, notwithstanding the statutory provisions. The one-year warranty period does not apply to culpably caused damages attributable to the vendor arising from injury to life, body or health and damages caused by gross negligence or intent or malice on the part of the vendor, as well as in the case of recourse claims pursuant to §§ 478, 479 BGB.
(3) Insofar as the customer is an enterprise, the following shall apply in deviation from paragraph 1:
a) As condition of the commodity only the own data of the offerer and the product description of the manufacturer are considered as agreed upon, not however other advertisement, public recommendations and statements of the manufacturer.
b) The customer is obligated to examine the commodity immediately and with the necessary care for quality and quantity deviations to indicate obvious lack within 7 days starting from receipt of the commodity to the offerer in writing, for period keeping the punctual sending off is sufficient. This shall also apply to hidden defects discovered later from the time of discovery. The assertion of warranty claims is excluded in the event of a breach of the obligation to examine and give notice of defects.
c) In the event of defects, the vendor shall, at its discretion, provide warranty by repair or replacement. If the removal of the defect fails twice, the customer can demand a reduction in price or withdraw from the contract at his discretion. In the case of rectification, the vendor does not have to bear the increased costs arising from the transfer of the goods to a place other than the place of performance if the transfer does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damages attributable to the vendor resulting from injury to life, body or health and grossly negligent or intentionally caused damages or malice on the part of the vendor, as well as in the case of recourse claims pursuant to §§ 478, 479 BGB.
§ 8 Retention of title
(1) The goods remain the property of the vendor until full payment of the purchase price.
(2) If the customer is an enterprise, the following applies in addition:
a) The vendor retains title to the goods until all claims from the current business relationship have been settled in full. Before transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
b) The customer may resell the goods in the ordinary course of business. In this case, he hereby assigns to the vendor accepting the assignment all claims in the amount of the invoice amount which accrue to him from the resale. The customer is further authorized to collect the claim. If he does not properly meet his payment obligations, however, the vendor reserves the right to collect the claim himself.
c) If the reserved goods are combined and mixed, the vendor shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) The vendor undertakes to release the securities to which it is entitled at the request of the customer to the extent that the realisable value of the securities of the vendor exceeds the claim to be secured by more than 10%. The choice of the securities to be released is the responsibility of the vendor.
§ 9 Liability
(1) The vendor shall be liable without limitation for damages resulting from injury to life, body or health, insofar as the vendor has fraudulently concealed a defect or assumed a guarantee for the condition of the object of purchase, in all cases of intent and gross negligence, for damages under the Product Liability Act or insofar as otherwise mandatory by law.
(2) As far as essential obligations from the contract are concerned, the violation of which endangers the achievement of the purpose of the contract, the liability of the vendor is limited to the contract-typical, foreseeable damage in case of slight negligence.
(3) In the event of breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, the vendor is not liable for the constant or uninterrupted availability of the website and the services offered there.
§ 10 Choice of law, place of performance, place of jurisdiction
(1) Austrian law applies to the exclusion of UN sales law. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).
(2) Place of performance for all services from the business relations existing with the vendor as well as place of jurisdiction is the registered office of the vendor, as far as it is not a consumer but a merchant, legal entity under public law or special fund under public law.
The same applies if the customer does not have a general place of jurisdiction in Austria or the EU or the place of residence or habitual abode is unknown at the time the action is filed. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
§ 11 Payment methods
In case of purchase on invoice, the invoice amount is due on the calendar day stated in the invoice (20 or 30 calendar days after the invoice date) for payment to our external partner Billpay GmbH https://www.billpay.de/endkunden/. The payment method purchase on invoice does not exist for all offers and requires among other things a successful credit check by Billpay GmbH. If the customer is allowed to purchase on account for certain offers after checking the creditworthiness, the payment is processed in cooperation with Billpay GmbH, to which we assign our payment claim. In this case, the customer can only make payment to Billpay GmbH with debt discharging effect. We also remain responsible for general customer inquiries (e.g. about the goods, delivery time, dispatch), returns, complaints, declarations of revocation and shipments or credit notes for purchases on account via Billpay. The General Terms and Conditions https://www.billpay.de/allgemein/datenschutz/ of Billpay GmbH apply.
§ 12 Transfer of risk on delivery
If the entrepreneur sends the goods, the risk of loss or damage to the goods does not pass to the consumer until the goods are delivered to the consumer or to a third party designated by the consumer and different from the carrier. However, if the consumer himself has concluded the contract of carriage without making use of a choice proposed by the trader, the risk shall pass to the consumer as soon as the goods are handed over to the carrier. In the absence of any other agreement, the consumer acquires ownership of the goods simultaneously with the transfer of risk.