of www.cristalopolis.eu by HCD-Hiller \u2013 Rainald Hiller<\/strong><\/p>\n These Gen\u00ader\u00adal Terms and Con\u00addi\u00adtions of Sale and Deliv\u00adery are applic\u00ada\u00adble to all our deliv\u00ader\u00adies of goods and, mutatis mutan\u00addis, to the pro\u00advi\u00adsion of ser\u00advices by us, even if such deliv\u00ader\u00adies and\/or ser\u00advices are per\u00adformed with\u00adout using or express\u00adly refer\u00adring to these Gen\u00ader\u00adal Terms and Con\u00addi\u00adtions of Sale and Deliv\u00adery. Upon plac\u00ading an order, or, at the lat\u00adest, upon receipt of the arti\u00adcle and\/or ser\u00advice, the Buy\u00ader acknowl\u00adedges these Gen\u00ader\u00adal Terms and Con\u00addi\u00adtions of Sale and Deliv\u00adery. Mod\u00adi\u00adfi\u00adca\u00adtions or side agree\u00adments shall not be valid unless con\u00adfirmed in writ\u00ading by us and shall only apply to the respec\u00adtive indi\u00advid\u00adual trans\u00adac\u00adtion. Devi\u00adat\u00ading terms of con\u00adtract of the Buy\u00ader are express\u00adly con\u00adtra\u00addict\u00aded. The send\u00ading of a con\u00adfir\u00adma\u00adtion of order by us will also not be deemed an acknowl\u00adedge\u00adment of the terms of con\u00adtract of the Buyer.<\/p>\n Our offers are made entire\u00adly with\u00adout engage\u00adment. This also applies to illus\u00adtra\u00adtions, draw\u00adings and indi\u00adca\u00adtions of weight and dimen\u00adsions. Orders placed by the Buy\u00ader will not be deemed accept\u00aded unless and until they have been con\u00adfirmed in writ\u00ading by us or the deliv\u00adery and\/or ser\u00advice has been per\u00adformed by us. We have the right to accept orders only in part or reject orders with\u00adout stat\u00ading any rea\u00adsons therefor.<\/p>\n Our prices are quot\u00aded includ\u00ading (Austrian)VAT and for\u00adward\u00ading cost.<\/p>\n The prices set forth in our price lists are sub\u00adject to change with\u00adout notice. The price accord\u00ading to the price list applic\u00ada\u00adble on the day of plac\u00ading the order will be charged, regard\u00adless of pos\u00adsi\u00adble dif\u00adfer\u00adent prices as of the day of plac\u00ading the order.<\/p>\n Deliv\u00adery dates are stat\u00aded with\u00adout engage\u00adment. Fail\u00adure to com\u00adply with deliv\u00adery dates shall in any event only give rise to a right of the Buy\u00ader to assert the rights due to the Buy\u00ader by law if we fail to per\u00adform the deliv\u00adery and\/or ser\u00advice in spite of hav\u00ading been grant\u00aded a grace peri\u00adod of at least four weeks in writing.<\/p>\n The peri\u00adod for deliv\u00adery shall be pro\u00adlonged by all cir\u00adcum\u00adstances which are beyond the con\u00adtrol of the par\u00adties, such as, e.g., fail\u00adure of upstream sup\u00adpli\u00aders to make deliv\u00adery with\u00adin due time, the sit\u00adu\u00ada\u00adtion con\u00adcern\u00ading raw mate\u00adri\u00adals, cas\u00ades of force majeure, unfore\u00adsee\u00adable inter\u00adrup\u00adtion of oper\u00ada\u00adtions, inter\u00adfer\u00adence by the author\u00adi\u00adties, delay in trans\u00adport and clear\u00adance through cus\u00adtoms, dam\u00adage to or loss of goods in tran\u00adsit, short\u00adage of ener\u00adgy, raw mate\u00adri\u00adals and oth\u00ader mate\u00adri\u00adals, sub\u00adstan\u00addard qual\u00adi\u00adty of impor\u00adtant pro\u00adduc\u00adtion parts and labor dis\u00adputes, in each case by the dura\u00adtion of the impediment.<\/p>\n The Buy\u00ader is oblig\u00adat\u00aded to prompt\u00adly take deliv\u00adery of the arti\u00adcle and\/or ser\u00advice upon being informed that it has been made avail\u00adable. In the event of a default of the Buy\u00ader in tak\u00ading deliv\u00adery, the Buy\u00ader will be liable to pay stor\u00adage charges, with\u00adout prej\u00adu\u00addice to any oth\u00ader rights which may be due to us. To the extent that par\u00adtial deliv\u00ader\u00adies are pos\u00adsi\u00adble, they are also legal\u00adly per\u00admis\u00adsi\u00adble. Each par\u00adtial deliv\u00adery will be deemed a sep\u00ada\u00adrate trans\u00adac\u00adtion and can be invoiced sep\u00ada\u00adrate\u00adly by us.<\/p>\n The risk shall pass to the Buy\u00ader upon deliv\u00adery of the arti\u00adcle to the for\u00adward\u00ading agent or car\u00adri\u00ader, but not lat\u00ader than upon leav\u00ading the fac\u00adto\u00adry or the ware\u00adhouse. This shall also apply in the event that deliv\u00adery is made by us free place of des\u00adti\u00adna\u00adtion using our own vehi\u00adcle or a third-par\u00adty vehi\u00adcle. Deliv\u00ader\u00adies on call will be deemed to have been called one year after the plac\u00ading of the order at the lat\u00adest. In the absence of spe\u00adcial instruc\u00adtions of the Buy\u00ader, deliv\u00adery will be made by exer\u00adcis\u00ading our best judg\u00adment and with\u00adout any war\u00adran\u00adty for select\u00ading the quick\u00adest and cheap\u00adest mode of dis\u00adpatch. Pack\u00adag\u00ading mate\u00adr\u00adi\u00adal will be charged at cost and will not be tak\u00aden back.<\/p>\n Prompt\u00adly upon receipt there\u00adof, the Buy\u00ader shall exam\u00adine the arti\u00adcle sup\u00adplied and\/or the ser\u00advice per\u00adformed for com\u00adplete\u00adness, cor\u00adrect\u00adness and free\u00addom from any oth\u00ader type of defect and shall noti\u00adfy pos\u00adsi\u00adble defects in writ\u00ading with\u00adout delay but not lat\u00ader than five work\u00ading days after receipt of the arti\u00adcle and\/or ser\u00advice. If goods are dis\u00adpatched direct\u00adly to third par\u00adties, the peri\u00adods for exam\u00adin\u00ading the arti\u00adcle and com\u00adply\u00ading with the oblig\u00ada\u00adtion to noti\u00adfy defects shall com\u00admence upon receipt of the arti\u00adcle by the third party.<\/p>\n The war\u00adran\u00adty peri\u00adod for any type of deliv\u00adery and\/or ser\u00advice shall be six months as from the pass\u00ading of the risk.<\/p>\n Fit\u00adness for a par\u00adtic\u00adu\u00adlar use is only war\u00adrant\u00aded by us if we express\u00adly under\u00adtake such war\u00adran\u00adty. At our choice, our war\u00adran\u00adty is lim\u00adit\u00aded to the deliv\u00adery of a sub\u00adsti\u00adtute arti\u00adcle of the same type and quan\u00adti\u00adty or to rem\u00ade\u00addy\u00ading the defect. In case of goods and\/or ser\u00advices pro\u00advid\u00aded on the basis of spec\u00adi\u00adfi\u00adca\u00adtions and instruc\u00adtions of the Buy\u00ader, we only war\u00adrant that per\u00adfor\u00admance has been made in accor\u00addance with the agreed terms. The war\u00adran\u00adty peri\u00adod shall not com\u00admence anew on account of the deliv\u00adery of sub\u00adsti\u00adtute goods and\/or the rem\u00ade\u00addy\u00ading of defects.<\/p>\n Dam\u00adage claims of the Buy\u00ader, based on what\u00adev\u00ader legal ground, in par\u00adtic\u00adu\u00adlar dam\u00adage claims on account of delay or default, impos\u00adsi\u00adbil\u00adi\u00adty of per\u00adfor\u00admance, pos\u00adi\u00adtive breach of con\u00adtract (pos\u00adi\u00adtive Forderungsver\u00adlet\u00adzung), cul\u00adpa in con\u00adtra\u00adhen\u00addo, con\u00adse\u00adquen\u00adtial dam\u00adage, defects and dam\u00adage claims in tort, are exclud\u00aded to the extent that they are not caused by intent or bla\u00adtant gross neg\u00adli\u00adgence on our part.<\/p>\n The instruc\u00adtions for assem\u00adbly, com\u00admis\u00adsion\u00ading and use (oper\u00adat\u00ading instruc\u00adtions) issued by us for the goods deliv\u00adered and\/or ser\u00advices per\u00adformed must be manda\u00adto\u00adri\u00adly com\u00adplied with. The non-respect of such instruc\u00adtions or the non-com\u00adpli\u00adance with licens\u00ading con\u00addi\u00adtions imposed by the author\u00adi\u00adties relieves us of any liability.<\/p>\n The Buy\u00ader takes note of the fact that non-obvi\u00adous struc\u00adtur\u00adal weak\u00adness\u00ades can\u00adnot be exclud\u00aded. The Buy\u00ader there\u00adfore under\u00adtakes to sub\u00adject these prod\u00aducts to inspec\u00adtion pri\u00ador to use. To the extent that the prod\u00aducts are installed or oth\u00ader\u00adwise con\u00adnect\u00aded with oth\u00aders, they shall in any event also be checked by the Buy\u00ader by suf\u00adfi\u00adcient tri\u00adals pri\u00ador to use. The Buy\u00ader will be liable to us for any and all dis\u00adad\u00advan\u00adtages which may arise for us from a non-per\u00adfor\u00admance of such obligations.<\/p>\n Our invoic\u00ades are payable at the point of the order by the pay\u00adment options avail\u00adable in the web\u00adshop (pay\u00adment in advance, cred\u00adit cards). If pay\u00adment is not made with\u00adin due time (in advance), we shall charge default inter\u00adest in the amount of the default inter\u00adest rate charged by the banks from time to time, but at least 12% p.a., as from the 15th day after the date of the invoice, unless high\u00ader costs are incurred by us. The costs of reminders, inquiries and oth\u00ader costs con\u00adnect\u00aded with col\u00adlect\u00ading such debts shall be borne by the Buyer.<\/p>\n Bills of exchange and checks will be accept\u00aded by us, but cred\u00adit to the Buy\u00ader\u2019s debt will be made only after actu\u00adal receipt of the funds.<\/p>\n The Buy\u00ader is not enti\u00adtled to set-off or to assert a reten\u00adtion right.<\/p>\n If the Buy\u00ader is in default with pay\u00adment or any oth\u00ader per\u00adfor\u00admance to be made by Buy\u00ader, we are enti\u00adtled, with\u00adout prej\u00adu\u00addice to any oth\u00ader rights we may have, to with\u00adhold our deliv\u00ader\u00adies and\/or ser\u00advices (while pre\u00adserv\u00ading the peri\u00adod still allowed for deliv\u00adery) until the agreed counter-per\u00adfor\u00admance has been made, or to can\u00adcel the con\u00adtract after a rea\u00adson\u00adable grace peri\u00adod has elapsed and demand dam\u00adages for non-per\u00adfor\u00admance. In the lat\u00adter case we are enti\u00adtled to demand and\/or retain the agreed down-pay\u00adment, but not less than 15% of the price, as a min\u00adi\u00admum penalty.<\/p>\n a) Any and all goods deliv\u00adered shall remain our prop\u00ader\u00adty until our claims, includ\u00ading our future claims, have been paid, in case of cur\u00adrent accounts until any bal\u00adance in our favor result\u00ading from any deliv\u00adery what\u00adso\u00adev\u00ader has been paid, even if spe\u00adcif\u00adic claims have been des\u00adig\u00adnat\u00aded when mak\u00ading a payment.<\/p>\n b) The Buy\u00ader is enti\u00adtled to re-sell to third par\u00adties in the prop\u00ader course of busi\u00adness the arti\u00adcle deliv\u00adered by us. Already upon enter\u00ading into the con\u00adtract, the Buy\u00ader assigns to us all claims includ\u00ading all ancil\u00adlary rights which the Buy\u00ader may have against its cus\u00adtomers but shall remain enti\u00adtled to col\u00adlect such claims as long as the Buy\u00ader is not in default vis-\u00e0-vis us. We are enti\u00adtled to inform the cus\u00adtomers of the Buy\u00ader of the assign\u00adment and\/or demand of the Buy\u00ader that the assign\u00adment be entered in the Buy\u00ader\u2019s books. The Buy\u00ader shall also pro\u00advide us with all doc\u00adu\u00adments and infor\u00adma\u00adtion nec\u00ades\u00adsary to enforce our rights. If any such invoiced amount which has been assigned is received by third par\u00adties, the Buy\u00ader is oblig\u00adat\u00aded to claim back such amount from the third par\u00adty and deliv\u00ader such amount to us.<\/p>\n c) The Buy\u00ader war\u00adrants that we shall at any time have access to the premis\u00ades of the Buy\u00ader for the pur\u00adpose of inspect\u00ading the goods which are sub\u00adject to reten\u00adtion of title. If the Buy\u00ader is in default with the pay\u00adment oblig\u00ada\u00adtions incum\u00adbent on the Buy\u00ader, if insol\u00adven\u00adcy pro\u00adceed\u00adings against the Buy\u00ader are applied for or insti\u00adtut\u00aded, or if the Buy\u00ader vio\u00adlates any oth\u00ader duties aris\u00ading under the con\u00adtract, we shall have the right to demand sur\u00adren\u00adder of the goods which are sub\u00adject to reten\u00adtion of title, col\u00adlect such goods and\/or col\u00adlect claims which have been assigned as secu\u00adri\u00adty; in such case, the con\u00adtract may be main\u00adtained in force, if we so choose.<\/p>\n The legal rela\u00adtions with the Buy\u00ader shall be gov\u00aderned exclu\u00adsive\u00adly by Aus\u00adtri\u00adan law, exclud\u00ading the UN Con\u00adven\u00adtion on Con\u00adtracts for the Inter\u00adna\u00adtion\u00adal Sale of Goods. The place of per\u00adfor\u00admance for all oblig\u00ada\u00adtions aris\u00ading under this con\u00adtract shall be Neusiedl am See, Austria.<\/p>\n a) It is agreed that the place of juris\u00addic\u00adtion for all dis\u00adputes which arise direct\u00adly or indi\u00adrect\u00adly under the con\u00adtract with any coun\u00adter\u00adpar\u00adty hav\u00ading its cor\u00adpo\u00adrate seat in a mem\u00adber state of the Euro\u00adpean Inter\u00adnal Mar\u00adket and\/or hav\u00ading its cor\u00adpo\u00adrate seat in a state which has rat\u00adi\u00adfied the so-called Lugano or Brus\u00adsels Con\u00adven\u00adtion on the basis of the Offi\u00adcial Jour\u00adnal L 319, 25\/11\/1988, or the Offi\u00adcial Jour\u00adnal L 299, 31\/12\/1972, (togeth\u00ader with the con\u00adsol\u00adi\u00addat\u00aded ver\u00adsions), respec\u00adtive\u00adly, shall be the com\u00adpe\u00adtent court in Vien\u00adna, first dis\u00adtrict, hav\u00ading sub\u00adject-mat\u00adter juris\u00addic\u00adtion. How\u00adev\u00ader, we are also enti\u00adtled to sue in a dif\u00adfer\u00adent court hav\u00ading juris\u00addic\u00adtion over the Buy\u00ader and the sub\u00adject matter.<\/p>\n b) It is agreed that all dis\u00adputes which arise direct\u00adly or indi\u00adrect\u00adly under the con\u00adtract with any coun\u00adter\u00adpar\u00adty hav\u00ading its cor\u00adpo\u00adrate seat out\u00adside a mem\u00adber state of the Euro\u00adpean Inter\u00adnal Mar\u00adket or hav\u00ading its cor\u00adpo\u00adrate seat in a state which has not rat\u00adi\u00adfied the so-called Lugano or Brus\u00adsels Con\u00adven\u00adtion shall be exclu\u00adsive\u00adly set\u00adtled by the Court of Arbi\u00adtra\u00adtion of ICC Aus\u00adtria under the rules gov\u00adern\u00ading its pro\u00adceed\u00adings. The arbi\u00adtra\u00adtion pro\u00adceed\u00adings shall be held in Vien\u00adna, Austria.<\/p>\n We under\u00adtake to take part in the arbi\u00adtra\u00adtion pro\u00adceed\u00adings of the Inter\u00adnet Ombuds\u00adman in disputes:<\/p>\n www.ombudsmann.at<\/a> Fur\u00adther infor\u00adma\u00adtion on the pro\u00adce\u00addures can be found at www.ombudsmann.at or in the respec\u00adtive pro\u00adce\u00addur\u00adal guidelines:<\/p>\n Pro\u00adce\u00addur\u00adal Guide\u00adlines of the Inter\u00adnet Ombuds\u00adman for the Alter\u00adna\u00adtive Dis\u00adpute Set\u00adtle\u00adment under the AStG (AStG-Schlich\u00adtungsver\u00adfahren) Guide\u00adlines AStG-Pro\u00adce\u00addure (PDF)<\/a>.<\/p>\n Guide\u00adlines for the Con\u00adcil\u00adi\u00ada\u00adtion Pro\u00adce\u00addure for the Inter\u00adnet Ombuds\u00adman out\u00adside the Scope of the AStG (Stan\u00addard Pro\u00adce\u00addures) Guide\u00adlines Stan\u00addard Pro\u00adce\u00addures (PDF)<\/a><\/p>\n The OS plat\u00adform can also be used to resolve dis\u00adputes with our com\u00adpa\u00adny: Link to the OS plat\u00adform: http:\/\/ec.europa.eu\/consumers\/odr<\/a><\/p>\n1. Scope of Application<\/h2>\n
2. Prices<\/h2>\n
3. Delivery, Delivery Period<\/h2>\n
4. Performance and Passing of the Risk<\/h2>\n
5. Notification of Defects and Warranty<\/h2>\n
6. Damages<\/h2>\n
7. Conditions of Payment<\/h2>\n
8. Retention of Title<\/h2>\n
9. Applicable Law, Place of Performance, Jurisdiction<\/h2>\n
Dispute resolution<\/h3>\n
\nInter\u00adnet Ombudsman
\nMar\u00adgareten\u00adstra\u00dfe 70\/2\/10
\nA\u20111050 Wien<\/p>\n