1. Validity of general terms and conditions (GTC)
Unless expressly agreed otherwise, our general terms and conditions, which have been made known to the contractual partner, shall apply.
Our contractual partner agrees that in the event of the use of general terms and conditions by him, in case of doubt our terms and conditions shall be assumed, even if the terms of the contractual partner remain unchallenged.
Contract fulfillment actions on our part do not count as consent to contractual conditions that deviate from our conditions. If there are still ambiguities in the interpretation of the contract, these must be clarified in such a way that those contents that are usually agreed in comparable cases are considered agreed.
Our offers are non-binding.
2.1. Distance selling offers / Instructions on the right of withdrawal
2.1.1. In the case of online ordering of goods
Customers who are consumers within the meaning of the Consumer Protection Act can withdraw from a contract concluded in distance selling (or a contractual declaration made in distance selling) within a period of 14 working days from receipt of delivery of the ordered goods.
It is sufficient if the declaration of withdrawal is sent within the period without giving a reason, Saturdays do not count as working days. Return shipping costs are the responsibility of the customer.
Items should be returned in an unused, salable new condition and in the original packaging. In the case of articles that are affected by signs of use – unless these are the result of intended use – we will charge an appropriate fee for the reduction in value. The same applies if accessories or parts are missing when the goods are returned.
The costs of returning the goods are borne by the customer. If the goods are returned freight collect, we are entitled to withhold or invoice a corresponding amount.
3. Protection of documents / confidentiality Copyright protection Trademark law
Cost estimates and other documents such as brochures, catalogues, samples, presentations and the like remain our intellectual property. Any use, in particular passing on, duplicating, publishing and making available, including copying only in part, requires our express consent.
All of the above-mentioned documents can be reclaimed from us at any time and must be returned to us immediately without being asked if the contract is not comes about.
Our contractual partner also undertakes to maintain secrecy towards third parties about the knowledge he has gained from the business relationship. The trademark rights to “SNOWBIKE”, “SKIBIKE” and “BRENTER” may be used by the contractual partner, if nothing else, by means of a separate license agreement for the duration of the cooperation or until revoked.
4. Price (purchase price, wages)
In the absence of any other agreement, we are entitled to invoice the work to be performed by us according to the actual occurrence and the expenses incurred by us as a result. These invoices are to be paid within 7 days of receipt of the invoice. For each working hour, including travel times, the respective hourly rates according to the offer will be invoiced . Partial hours, including travel times, are charged as full hours. If no reasoned objection is raised in writing against our invoice within 2 weeks, it is deemed to have been approved. We are expressly entitled to issue partial invoices if the services are provided in parts. Unless expressly stated otherwise, all prices quoted by us are exclusive of sales tax. In the event of offsetting, the statutory sales tax will be added to these prices.
4.1. Safe-value clause
Should the wage costs change afterwards due to collective agreements in the industry or due to internal agreements or other costs necessary for the provision of services such as those for materials, energy, transport, external work, financing, etc., we are entitled or obliged to Adjust prices up or down accordingly. If it is a consumer transaction, no price changes will be charged during the first two months after the conclusion of the contract – unless these have been expressly negotiated in detail.
5. Terms of payment (due date, partial payment, discount)
Unless otherwise expressly agreed, the buyer/orderer undertakes to pay the purchase price/wages in full upon conclusion of the contract. The payment can only be regarded as made on time if the amount has been received on the due date or has been credited to our account. If the buyer/orderer does not make even a partial payment within the payment period agreed for a discount deduction, he loses his right to a discount not only with regard to this partial payment, but also with regard to all payments already made or payments to be made later.
6. Default interest
Even if the buyer/orderer is in default of payment through no fault of his own, we are entitled to charge interest on arrears at a rate of 10% above the base interest rate annually; this does not affect claims for reimbursement of proven higher interest rates.
7. Transport – risk of loss
Our sales prices do not include the costs for delivery, assembly or installation. However, these services are provided by us on request for a separate payment.
The goods sold by us represent an obligation to collect. The buyer therefore bears the costs and the risk of transport.
8. Retention of title
The goods remain our property until the purchase price and all costs and expenses have been paid in full. A resale is only permitted if we have been informed of this in good time beforehand, stating the name or company and the exact business address of the buyer, and if we agree to the sale. If we agree, the purchase price claim is deemed to have been assigned to us and we are authorized at any time to notify the third-party debtor of this assignment. In the case of a majority of claims on our part, payments by the debtor are primarily attributed to those of our claims that are not (or no longer) secured by a retention of title or other means of security.
In the event of even a partial default in payment, the buyer hereby agrees that we can pick up the goods at any time at his expense.
In the event of default, we are entitled to assert our rights from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract unless we expressly declare our withdrawal from the contract.
9. Place of performance
The place of performance for both our service and the consideration is the registered office of our company.
10. Non-performance/delay in delivery and performance
The buyer/orderer has to accept minor exceeding of the delivery period without being entitled to a claim for damages or a right of withdrawal.
10.1. Default of acceptance
If our contractual partner is in default of acceptance, we are entitled either to store the goods with us, for which we charge a storage fee of €25 per calendar day or part thereof and at the same time insist on fulfillment of the contract, or after setting a reasonable grace period, we are entitled to withdraw from the contract and goods to be used elsewhere.
11. Cancellation fees / penalties
The buyer has the right to withdraw from the contract against payment of a cancellation fee (a penalty) of 75% of the purchase price/wage without giving reasons (§ 909 ABGB).
12. Unilateral changes in performance
Factually justified and appropriate changes to our performance or delivery obligation, in particular reasonable delivery times or short-term payment deadlines on our part, are deemed to have been approved in advance. Objectively justified and minor changes that do not affect the price can be made on our part. This applies in particular to such exceeding of the delivery period. If the actual exceeding of the deadline can be estimated, but no later than one week before the originally agreed delivery date, we will announce how long a delay can be expected.
Apart from those cases in which there is a legal right to conversion, we reserve the right to fulfill the warranty claim by improving, replacing or reducing the price at our discretion.
The buyer must always prove that the defect was already present at the time of handover.
The goods must be inspected immediately after delivery. Any defects found must also be reported to the seller immediately, but no later than 3 days after delivery, stating the nature and extent of the defect.
Hidden defects must be reported immediately after they are discovered. If a notice of defects is not raised or not raised in good time, the goods are deemed to have been approved. The assertion of warranty claims or claims for damages as well as the right to contest errors due to defects are excluded in these cases.
The statutory regulations apply to the warranty period for movable and immovable goods.
13.1. Claim for recourse according to § 933b ABGB
The right of recourse according to § 933b ABGB is excluded.
Apart from personal injury, we are only liable if the injured party can be shown to have acted with gross negligence.
15. Product Liability
Any recourse claims that contracting parties or third parties direct against us under the title “product liability” within the meaning of PHG are excluded, unless the person entitled to recourse proves that the error was caused in our sphere and was at least the result of gross negligence.< /p>
The contractual partner waives the possibility of offsetting. However, this does not apply to consumers in the event of our insolvency or to counterclaims that are legally related to our claim, determined by a court or recognized by us. In these cases, consumers have the option of offsetting.
17. Bans on refusing performance and bans on retention
Justified complaints do not entitle the holder to withhold the entire, but only a reasonable part of the invoice amount.
18. Formal requirements
All agreements, subsequent changes, additions, ancillary agreements, etc. must be in writing to be valid, including the original signature or a secure electronic signature.
Declarations, notifications, etc. addressed to us – with the exception of notifications of defects – require their legal validity in writing, including the original signature or the secure electronic signature.
19. Choice of Law
Austrian substantive law applies to this contract, the applicability of the UN Sales Convention is excluded.
20. Jurisdiction Agreement
The competent court at the registered office of our company is locally responsible for deciding all disputes arising from this contract. However, we also have the right to sue at the general place of jurisdiction of the contractual partner.
One of those courts is one of those courts for all lawsuits brought against a consumer who has his domicile, habitual residence or place of employment in Germany because of disputes arising from this contract responsible in whose district the consumer has his domicile, habitual abode or place of employment. The statutory places of jurisdiction apply to consumers who are not resident in Austria at the time the contract is concluded.
21. Arbitration Agreement – Arbitration
21.1. Domestic Arbitration
All disputes arising from this contract will be finally decided by the permanent arbitration court of the Chamber of Commerce in Salzburg by a sole arbitrator in accordance with the arbitration court rules applicable to the same.
21.2. International arbitration in the WKÖ
Any disputes arising out of this contract or relating to its breach, dissolution or nullity shall be settled in accordance with the Rules of Arbitration and Conciliation of the International Arbitration Court of the Austrian Economic Chamber in Vienna (Vienna Rules) by one or more persons appointed in accordance with these rules Arbitrators finally decided. Austrian substantive law shall apply. The language to be used in the arbitration is German.
22. Severability clause
Should individual provisions of the contract, including these provisions, be or become wholly or partially invalid or should the contract contain an unforeseen gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. Instead of the ineffective or missing provisions, the respective legal regulations apply.