Términos generales y condiciones

of www.cristalopolis.eu by HCD-Hiller – Rai­nald Hiller

1. Scope of Application

The­se Gene­ral Terms and Con­di­tions of Sale and Deli­very are appli­ca­ble to all our deli­ve­ries of goods and, muta­tis mutan­dis, to the pro­vi­sion of ser­vi­ces by us, even if such deli­ve­ries and/or ser­vi­ces are per­for­med without using or expressly refe­rring to the­se Gene­ral Terms and Con­di­tions of Sale and Deli­very. Upon pla­cing an order, or, at the latest, upon receipt of the arti­cle and/or ser­vi­ce, the Buyer ack­now­led­ges the­se Gene­ral Terms and Con­di­tions of Sale and Deli­very. Modi­fi­ca­tions or side agree­ments shall not be valid unless con­fir­med in wri­ting by us and shall only apply to the res­pec­ti­ve indi­vi­dual transac­tion. Devia­ting terms of con­tract of the Buyer are expressly con­tra­dic­ted. The sen­ding of a con­fir­ma­tion of order by us will also not be dee­med an ack­now­led­ge­ment of the terms of con­tract of the Buyer.

Our offers are made enti­rely without enga­ge­ment. This also applies to illus­tra­tions, dra­wings and indi­ca­tions of weight and dimen­sions. Orders pla­ced by the Buyer will not be dee­med accep­ted unless and until they have been con­fir­med in wri­ting by us or the deli­very and/or ser­vi­ce has been per­for­med by us. We have the right to accept orders only in part or reject orders without sta­ting any reasons therefor.

2. Prices

Our pri­ces are quo­ted inclu­ding (Austrian)VAT and for­war­ding cost.

The pri­ces set forth in our pri­ce lists are sub­ject to chan­ge without noti­ce. The pri­ce accor­ding to the pri­ce list appli­ca­ble on the day of pla­cing the order will be char­ged, regard­less of pos­si­ble dif­fe­rent pri­ces as of the day of pla­cing the order.

3. Delivery, Delivery Period

Deli­very dates are sta­ted without enga­ge­ment. Fai­lu­re to comply with deli­very dates shall in any event only give rise to a right of the Buyer to assert the rights due to the Buyer by law if we fail to per­form the deli­very and/or ser­vi­ce in spi­te of having been gran­ted a gra­ce period of at least four weeks in writing.

The period for deli­very shall be pro­lon­ged by all cir­cums­tan­ces which are beyond the con­trol of the par­ties, such as, e.g., fai­lu­re of ups­tream sup­pliers to make deli­very within due time, the situa­tion con­cer­ning raw mate­rials, cases of for­ce majeu­re, unfo­re­seea­ble inte­rrup­tion of ope­ra­tions, inter­fe­ren­ce by the autho­ri­ties, delay in trans­port and clea­ran­ce through cus­toms, dama­ge to or loss of goods in transit, shor­ta­ge of energy, raw mate­rials and other mate­rials, subs­tan­dard qua­lity of impor­tant pro­duc­tion parts and labor dis­pu­tes, in each case by the dura­tion of the impediment.

The Buyer is obli­ga­ted to promp­tly take deli­very of the arti­cle and/or ser­vi­ce upon being infor­med that it has been made avai­la­ble. In the event of a default of the Buyer in taking deli­very, the Buyer will be lia­ble to pay sto­ra­ge char­ges, without pre­ju­di­ce to any other rights which may be due to us. To the extent that par­tial deli­ve­ries are pos­si­ble, they are also legally per­mis­si­ble. Each par­tial deli­very will be dee­med a sepa­ra­te transac­tion and can be invoi­ced sepa­ra­tely by us.

4. Performance and Passing of the Risk

The risk shall pass to the Buyer upon deli­very of the arti­cle to the for­war­ding agent or carrier, but not later than upon lea­ving the fac­tory or the warehou­se. This shall also apply in the event that deli­very is made by us free pla­ce of des­ti­na­tion using our own vehi­cle or a third-party vehi­cle. Deli­ve­ries on call will be dee­med to have been called one year after the pla­cing of the order at the latest. In the absen­ce of spe­cial ins­truc­tions of the Buyer, deli­very will be made by exer­ci­sing our best judg­ment and without any warranty for selec­ting the quic­kest and chea­pest mode of dis­patch. Pac­ka­ging mate­rial will be char­ged at cost and will not be taken back.

5. Notification of Defects and Warranty

Promp­tly upon receipt the­reof, the Buyer shall exa­mi­ne the arti­cle sup­plied and/or the ser­vi­ce per­for­med for com­ple­te­ness, correct­ness and free­dom from any other type of defect and shall notify pos­si­ble defects in wri­ting without delay but not later than five wor­king days after receipt of the arti­cle and/or ser­vi­ce. If goods are dis­pat­ched directly to third par­ties, the periods for exa­mi­ning the arti­cle and complying with the obli­ga­tion to notify defects shall com­men­ce upon receipt of the arti­cle by the third party.

The warranty period for any type of deli­very and/or ser­vi­ce shall be six months as from the pas­sing of the risk.

Fit­ness for a par­ti­cu­lar use is only warran­ted by us if we expressly under­ta­ke such warranty. At our choi­ce, our warranty is limi­ted to the deli­very of a subs­ti­tu­te arti­cle of the same type and quan­tity or to remed­ying the defect. In case of goods and/or ser­vi­ces pro­vi­ded on the basis of spe­ci­fi­ca­tions and ins­truc­tions of the Buyer, we only warrant that per­for­man­ce has been made in accor­dan­ce with the agreed terms. The warranty period shall not com­men­ce anew on account of the deli­very of subs­ti­tu­te goods and/or the remed­ying of defects.

6. Damages

Dama­ge claims of the Buyer, based on wha­te­ver legal ground, in par­ti­cu­lar dama­ge claims on account of delay or default, impos­si­bi­lity of per­for­man­ce, posi­ti­ve breach of con­tract (posi­ti­ve For­de­rungs­ver­letzung), cul­pa in con­tra­hen­do, con­se­quen­tial dama­ge, defects and dama­ge claims in tort, are exclu­ded to the extent that they are not cau­sed by intent or bla­tant gross negli­gen­ce on our part.

The ins­truc­tions for assembly, com­mis­sio­ning and use (ope­ra­ting ins­truc­tions) issued by us for the goods deli­ve­red and/or ser­vi­ces per­for­med must be man­da­to­rily com­plied with. The non-res­pect of such ins­truc­tions or the non-com­plian­ce with licen­sing con­di­tions impo­sed by the autho­ri­ties relie­ves us of any liability.

The Buyer takes note of the fact that non-obvious struc­tu­ral weak­nes­ses can­not be exclu­ded. The Buyer the­re­fo­re under­ta­kes to sub­ject the­se pro­ducts to ins­pec­tion prior to use. To the extent that the pro­ducts are ins­ta­lled or other­wi­se con­nec­ted with others, they shall in any event also be chec­ked by the Buyer by suf­fi­cient trials prior to use. The Buyer will be lia­ble to us for any and all disad­van­ta­ges which may ari­se for us from a non-per­for­man­ce of such obligations.

7. Conditions of Payment

Our invoi­ces are paya­ble at the point of the order by the pay­ment options avai­la­ble in the webshop (pay­ment in advan­ce, cre­dit cards). If pay­ment is not made within due time (in advan­ce), we shall char­ge default inter­est in the amount of the default inter­est 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 higher costs are incu­rred by us. The costs of remin­ders, inqui­ries and other costs con­nec­ted with collec­ting such debts shall be bor­ne by the Buyer.

Bills of exchan­ge and checks will be accep­ted by us, but cre­dit to the Buyer’s debt will be made only after actual receipt of the funds.

The Buyer is not entitled to set-off or to assert a reten­tion right.

If the Buyer is in default with pay­ment or any other per­for­man­ce to be made by Buyer, we are entitled, without pre­ju­di­ce to any other rights we may have, to withhold our deli­ve­ries and/or ser­vi­ces (whi­le pre­ser­ving the period still allo­wed for deli­very) until the agreed coun­ter-per­for­man­ce has been made, or to can­cel the con­tract after a reaso­na­ble gra­ce period has elap­sed and demand dama­ges for non-per­for­man­ce. In the lat­ter case we are entitled to demand and/or retain the agreed down-pay­ment, but not less than 15% of the pri­ce, as a mini­mum penalty.

8. Retention of Title

a) Any and all goods deli­ve­red shall remain our pro­perty until our claims, inclu­ding our futu­re claims, have been paid, in case of current accounts until any balan­ce in our favor resul­ting from any deli­very whatsoe­ver has been paid, even if spe­ci­fic claims have been desig­na­ted when making a payment.

b) The Buyer is entitled to re-sell to third par­ties in the pro­per cour­se of busi­ness the arti­cle deli­ve­red by us. Already upon ente­ri­ng into the con­tract, the Buyer assigns to us all claims inclu­ding all anci­llary rights which the Buyer may have against its cus­to­mers but shall remain entitled to collect such claims as long as the Buyer is not in default vis-à-vis us. We are entitled to inform the cus­to­mers of the Buyer of the assign­ment and/or demand of the Buyer that the assign­ment be ente­red in the Buyer’s books. The Buyer shall also pro­vi­de us with all docu­ments and infor­ma­tion neces­sary to enfor­ce our rights. If any such invoi­ced amount which has been assig­ned is recei­ved by third par­ties, the Buyer is obli­ga­ted to claim back such amount from the third party and deli­ver such amount to us.

c) The Buyer warrants that we shall at any time have access to the pre­mi­ses of the Buyer for the pur­po­se of ins­pec­ting the goods which are sub­ject to reten­tion of title. If the Buyer is in default with the pay­ment obli­ga­tions incum­bent on the Buyer, if insol­vency pro­cee­dings against the Buyer are applied for or ins­ti­tu­ted, or if the Buyer vio­la­tes any other duties ari­sing under the con­tract, we shall have the right to demand surren­der of the goods which are sub­ject to reten­tion of title, collect such goods and/or collect claims which have been assig­ned as secu­rity; in such case, the con­tract may be main­tai­ned in for­ce, if we so choose.

9. Applicable Law, Place of Performance, Jurisdiction

The legal rela­tions with the Buyer shall be gover­ned exclu­si­vely by Aus­trian law, exclu­ding the UN Con­ven­tion on Con­tracts for the Inter­na­tio­nal Sale of Goods. The pla­ce of per­for­man­ce for all obli­ga­tions ari­sing under this con­tract shall be Neu­siedl am See, Austria.

a) It is agreed that the pla­ce of juris­dic­tion for all dis­pu­tes which ari­se directly or indi­rectly under the con­tract with any coun­ter­party having its cor­po­ra­te seat in a mem­ber sta­te of the Euro­pean Inter­nal Mar­ket and/or having its cor­po­ra­te seat in a sta­te which has rati­fied the so-called Lugano or Brus­sels Con­ven­tion on the basis of the Offi­cial Jour­nal L 319, 25/11/1988, or the Offi­cial Jour­nal L 299, 31/12/1972, (together with the con­so­li­da­ted ver­sions), res­pec­ti­vely, shall be the com­pe­tent court in Vien­na, first dis­trict, having sub­ject-mat­ter juris­dic­tion. Howe­ver, we are also entitled to sue in a dif­fe­rent court having juris­dic­tion over the Buyer and the sub­ject matter.

b) It is agreed that all dis­pu­tes which ari­se directly or indi­rectly under the con­tract with any coun­ter­party having its cor­po­ra­te seat outsi­de a mem­ber sta­te of the Euro­pean Inter­nal Mar­ket or having its cor­po­ra­te seat in a sta­te which has not rati­fied the so-called Lugano or Brus­sels Con­ven­tion shall be exclu­si­vely settled by the Court of Arbi­tra­tion of ICC Aus­tria under the rules gover­ning its pro­cee­dings. The arbi­tra­tion pro­cee­dings shall be held in Vien­na, Austria.

Dispute resolution

We under­ta­ke to take part in the arbi­tra­tion pro­cee­dings of the Inter­net Ombuds­man in disputes:

Inter­net Ombudsman
Mar­ga­re­tens­traße 70/2/10
A‑1050 Wien

Further infor­ma­tion on the pro­ce­du­res can be found at www.ombudsmann.at or in the res­pec­ti­ve pro­ce­du­ral guidelines:

Pro­ce­du­ral Gui­de­li­nes of the Inter­net Ombuds­man for the Alter­na­ti­ve Dis­pu­te Settle­ment under the AStG (AStG-Schlich­tungs­ver­fah­ren) Gui­de­li­nes AStG-Pro­ce­du­re (PDF).

Gui­de­li­nes for the Con­ci­lia­tion Pro­ce­du­re for the Inter­net Ombuds­man outsi­de the Sco­pe of the AStG (Stan­dard Pro­ce­du­res) Gui­de­li­nes Stan­dard Pro­ce­du­res (PDF)

The OS plat­form can also be used to resol­ve dis­pu­tes with our com­pany: Link to the OS plat­form: http://ec.europa.eu/consumers/odr

Our e‑mail address: office@hcd-hiller.at

10. Other Provisions

A trans­fer to third par­ties of the rights ari­sing under the con­tract ente­red into with us is not per­mit­ted unless with our writ­ten con­sent. If indi­vi­dual clau­ses of the Gene­ral Terms and Con­di­tions of Sale and Deli­very are inva­lid in law, the remai­ning pro­vi­sions and the con­tracts ente­red into on the basis the­reof shall remain in for­ce. The inva­lid pro­vi­sion shall be repla­ced by a valid pro­vi­sion which comes clo­sest to its intent and purpose.