of www.cristalopolis.eu by HCD-Hiller \u2013 Rai\u00adnald Hiller<\/strong><\/p>\n The\u00adse Gene\u00adral Terms and Con\u00addi\u00adtions of Sale and Deli\u00advery are appli\u00adca\u00adble to all our deli\u00adve\u00adries of goods and, muta\u00adtis mutan\u00addis, to the pro\u00advi\u00adsion of ser\u00advi\u00adces by us, even if such deli\u00adve\u00adries and\/or ser\u00advi\u00adces are per\u00adfor\u00admed without using or expressly refe\u00adrring to the\u00adse Gene\u00adral Terms and Con\u00addi\u00adtions of Sale and Deli\u00advery. Upon pla\u00adcing an order, or, at the latest, upon receipt of the arti\u00adcle and\/or ser\u00advi\u00adce, the Buyer ack\u00adnow\u00adled\u00adges the\u00adse Gene\u00adral Terms and Con\u00addi\u00adtions of Sale and Deli\u00advery. Modi\u00adfi\u00adca\u00adtions or side agree\u00adments shall not be valid unless con\u00adfir\u00admed in wri\u00adting by us and shall only apply to the res\u00adpec\u00adti\u00adve indi\u00advi\u00addual transac\u00adtion. Devia\u00adting terms of con\u00adtract of the Buyer are expressly con\u00adtra\u00addic\u00adted. The sen\u00adding of a con\u00adfir\u00adma\u00adtion of order by us will also not be dee\u00admed an ack\u00adnow\u00adled\u00adge\u00adment of the terms of con\u00adtract of the Buyer.<\/p>\n Our offers are made enti\u00adrely without enga\u00adge\u00adment. This also applies to illus\u00adtra\u00adtions, dra\u00adwings and indi\u00adca\u00adtions of weight and dimen\u00adsions. Orders pla\u00adced by the Buyer will not be dee\u00admed accep\u00adted unless and until they have been con\u00adfir\u00admed in wri\u00adting by us or the deli\u00advery and\/or ser\u00advi\u00adce has been per\u00adfor\u00admed by us. We have the right to accept orders only in part or reject orders without sta\u00adting any reasons therefor.<\/p>\n Our pri\u00adces are quo\u00adted inclu\u00adding (Austrian)VAT and for\u00adwar\u00adding cost.<\/p>\n The pri\u00adces set forth in our pri\u00adce lists are sub\u00adject to chan\u00adge without noti\u00adce. The pri\u00adce accor\u00adding to the pri\u00adce list appli\u00adca\u00adble on the day of pla\u00adcing the order will be char\u00adged, regard\u00adless of pos\u00adsi\u00adble dif\u00adfe\u00adrent pri\u00adces as of the day of pla\u00adcing the order.<\/p>\n Deli\u00advery dates are sta\u00adted without enga\u00adge\u00adment. Fai\u00adlu\u00adre to comply with deli\u00advery 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 per\u00adform the deli\u00advery and\/or ser\u00advi\u00adce in spi\u00adte of having been gran\u00adted a gra\u00adce period of at least four weeks in writing.<\/p>\n The period for deli\u00advery shall be pro\u00adlon\u00adged by all cir\u00adcums\u00adtan\u00adces which are beyond the con\u00adtrol of the par\u00adties, such as, e.g., fai\u00adlu\u00adre of ups\u00adtream sup\u00adpliers to make deli\u00advery within due time, the situa\u00adtion con\u00adcer\u00adning raw mate\u00adrials, cases of for\u00adce majeu\u00adre, unfo\u00adre\u00adseea\u00adble inte\u00adrrup\u00adtion of ope\u00adra\u00adtions, inter\u00adfe\u00adren\u00adce by the autho\u00adri\u00adties, delay in trans\u00adport and clea\u00adran\u00adce through cus\u00adtoms, dama\u00adge to or loss of goods in transit, shor\u00adta\u00adge of energy, raw mate\u00adrials and other mate\u00adrials, subs\u00adtan\u00addard qua\u00adlity of impor\u00adtant pro\u00adduc\u00adtion parts and labor dis\u00adpu\u00adtes, in each case by the dura\u00adtion of the impediment.<\/p>\n The Buyer is obli\u00adga\u00adted to promp\u00adtly take deli\u00advery of the arti\u00adcle and\/or ser\u00advi\u00adce upon being infor\u00admed that it has been made avai\u00adla\u00adble. In the event of a default of the Buyer in taking deli\u00advery, the Buyer will be lia\u00adble to pay sto\u00adra\u00adge char\u00adges, without pre\u00adju\u00addi\u00adce to any other rights which may be due to us. To the extent that par\u00adtial deli\u00adve\u00adries are pos\u00adsi\u00adble, they are also legally per\u00admis\u00adsi\u00adble. Each par\u00adtial deli\u00advery will be dee\u00admed a sepa\u00adra\u00adte transac\u00adtion and can be invoi\u00adced sepa\u00adra\u00adtely by us.<\/p>\n The risk shall pass to the Buyer upon deli\u00advery of the arti\u00adcle to the for\u00adwar\u00adding agent or carrier, but not later than upon lea\u00adving the fac\u00adtory or the warehou\u00adse. This shall also apply in the event that deli\u00advery is made by us free pla\u00adce of des\u00adti\u00adna\u00adtion using our own vehi\u00adcle or a third-party vehi\u00adcle. Deli\u00adve\u00adries on call will be dee\u00admed to have been called one year after the pla\u00adcing of the order at the latest. In the absen\u00adce of spe\u00adcial ins\u00adtruc\u00adtions of the Buyer, deli\u00advery will be made by exer\u00adci\u00adsing our best judg\u00adment and without any warranty for selec\u00adting the quic\u00adkest and chea\u00adpest mode of dis\u00adpatch. Pac\u00adka\u00adging mate\u00adrial will be char\u00adged at cost and will not be taken back.<\/p>\n Promp\u00adtly upon receipt the\u00adreof, the Buyer shall exa\u00admi\u00adne the arti\u00adcle sup\u00adplied and\/or the ser\u00advi\u00adce per\u00adfor\u00admed for com\u00adple\u00adte\u00adness, correct\u00adness and free\u00addom from any other type of defect and shall notify pos\u00adsi\u00adble defects in wri\u00adting without delay but not later than five wor\u00adking days after receipt of the arti\u00adcle and\/or ser\u00advi\u00adce. If goods are dis\u00adpat\u00adched directly to third par\u00adties, the periods for exa\u00admi\u00adning the arti\u00adcle and complying with the obli\u00adga\u00adtion to notify defects shall com\u00admen\u00adce upon receipt of the arti\u00adcle by the third party.<\/p>\n The warranty period for any type of deli\u00advery and\/or ser\u00advi\u00adce shall be six months as from the pas\u00adsing of the risk.<\/p>\n Fit\u00adness for a par\u00adti\u00adcu\u00adlar use is only warran\u00adted by us if we expressly under\u00adta\u00adke such warranty. At our choi\u00adce, our warranty is limi\u00adted to the deli\u00advery of a subs\u00adti\u00adtu\u00adte arti\u00adcle of the same type and quan\u00adtity or to remed\u00adying the defect. In case of goods and\/or ser\u00advi\u00adces pro\u00advi\u00added on the basis of spe\u00adci\u00adfi\u00adca\u00adtions and ins\u00adtruc\u00adtions of the Buyer, we only warrant that per\u00adfor\u00adman\u00adce has been made in accor\u00addan\u00adce with the agreed terms. The warranty period shall not com\u00admen\u00adce anew on account of the deli\u00advery of subs\u00adti\u00adtu\u00adte goods and\/or the remed\u00adying of defects.<\/p>\n Dama\u00adge claims of the Buyer, based on wha\u00adte\u00adver legal ground, in par\u00adti\u00adcu\u00adlar dama\u00adge claims on account of delay or default, impos\u00adsi\u00adbi\u00adlity of per\u00adfor\u00adman\u00adce, posi\u00adti\u00adve breach of con\u00adtract (posi\u00adti\u00adve For\u00adde\u00adrungs\u00adver\u00adletzung), cul\u00adpa in con\u00adtra\u00adhen\u00addo, con\u00adse\u00adquen\u00adtial dama\u00adge, defects and dama\u00adge claims in tort, are exclu\u00added to the extent that they are not cau\u00adsed by intent or bla\u00adtant gross negli\u00adgen\u00adce on our part.<\/p>\n The ins\u00adtruc\u00adtions for assembly, com\u00admis\u00adsio\u00adning and use (ope\u00adra\u00adting ins\u00adtruc\u00adtions) issued by us for the goods deli\u00adve\u00adred and\/or ser\u00advi\u00adces per\u00adfor\u00admed must be man\u00adda\u00adto\u00adrily com\u00adplied with. The non-res\u00adpect of such ins\u00adtruc\u00adtions or the non-com\u00adplian\u00adce with licen\u00adsing con\u00addi\u00adtions impo\u00adsed by the autho\u00adri\u00adties relie\u00adves us of any liability.<\/p>\n The Buyer takes note of the fact that non-obvious struc\u00adtu\u00adral weak\u00adnes\u00adses can\u00adnot be exclu\u00added. The Buyer the\u00adre\u00adfo\u00adre under\u00adta\u00adkes to sub\u00adject the\u00adse pro\u00adducts to ins\u00adpec\u00adtion prior to use. To the extent that the pro\u00adducts are ins\u00adta\u00adlled or other\u00adwi\u00adse con\u00adnec\u00adted with others, they shall in any event also be chec\u00adked by the Buyer by suf\u00adfi\u00adcient trials prior to use. The Buyer will be lia\u00adble to us for any and all disad\u00advan\u00adta\u00adges which may ari\u00adse for us from a non-per\u00adfor\u00adman\u00adce of such obligations.<\/p>\n Our invoi\u00adces are paya\u00adble at the point of the order by the pay\u00adment options avai\u00adla\u00adble in the webshop (pay\u00adment in advan\u00adce, cre\u00addit cards). If pay\u00adment is not made within due time (in advan\u00adce), we shall char\u00adge default inter\u00adest in the amount of the default inter\u00adest rate char\u00adged by the banks from time to time, but at least 12% p.a., as from the 15th day after the date of the invoi\u00adce, unless higher costs are incu\u00adrred by us. The costs of remin\u00adders, inqui\u00adries and other costs con\u00adnec\u00adted with collec\u00adting such debts shall be bor\u00adne by the Buyer.<\/p>\n Bills of exchan\u00adge and checks will be accep\u00adted by us, but cre\u00addit to the Buye\u00adr\u2019s debt will be made only after actual receipt of the funds.<\/p>\n The Buyer is not entitled to set-off or to assert a reten\u00adtion right.<\/p>\n If the Buyer is in default with pay\u00adment or any other per\u00adfor\u00adman\u00adce to be made by Buyer, we are entitled, without pre\u00adju\u00addi\u00adce to any other rights we may have, to withhold our deli\u00adve\u00adries and\/or ser\u00advi\u00adces (whi\u00adle pre\u00adser\u00adving the period still allo\u00adwed for deli\u00advery) until the agreed coun\u00adter-per\u00adfor\u00adman\u00adce has been made, or to can\u00adcel the con\u00adtract after a reaso\u00adna\u00adble gra\u00adce period has elap\u00adsed and demand dama\u00adges for non-per\u00adfor\u00adman\u00adce. In the lat\u00adter case we are entitled to demand and\/or retain the agreed down-pay\u00adment, but not less than 15% of the pri\u00adce, as a mini\u00admum penalty.<\/p>\n a) Any and all goods deli\u00adve\u00adred shall remain our pro\u00adperty until our claims, inclu\u00adding our futu\u00adre claims, have been paid, in case of current accounts until any balan\u00adce in our favor resul\u00adting from any deli\u00advery whatsoe\u00adver has been paid, even if spe\u00adci\u00adfic claims have been desig\u00adna\u00adted when making a payment.<\/p>\n b) The Buyer is entitled to re-sell to third par\u00adties in the pro\u00adper cour\u00adse of busi\u00adness the arti\u00adcle deli\u00adve\u00adred by us. Already upon ente\u00adri\u00adng into the con\u00adtract, the Buyer assigns to us all claims inclu\u00adding all anci\u00adllary rights which the Buyer may have against its cus\u00adto\u00admers but shall remain entitled to collect such claims as long as the Buyer is not in default vis-\u00e0-vis us. We are entitled to inform the cus\u00adto\u00admers of the Buyer of the assign\u00adment and\/or demand of the Buyer that the assign\u00adment be ente\u00adred in the Buye\u00adr\u2019s books. The Buyer shall also pro\u00advi\u00adde us with all docu\u00adments and infor\u00adma\u00adtion neces\u00adsary to enfor\u00adce our rights. If any such invoi\u00adced amount which has been assig\u00adned is recei\u00adved by third par\u00adties, the Buyer is obli\u00adga\u00adted to claim back such amount from the third party and deli\u00adver such amount to us.<\/p>\n c) The Buyer warrants that we shall at any time have access to the pre\u00admi\u00adses of the Buyer for the pur\u00adpo\u00adse of ins\u00adpec\u00adting the goods which are sub\u00adject to reten\u00adtion of title. If the Buyer is in default with the pay\u00adment obli\u00adga\u00adtions incum\u00adbent on the Buyer, if insol\u00advency pro\u00adcee\u00addings against the Buyer are applied for or ins\u00adti\u00adtu\u00adted, or if the Buyer vio\u00adla\u00adtes any other duties ari\u00adsing under the con\u00adtract, we shall have the right to demand surren\u00adder of the goods which are sub\u00adject to reten\u00adtion of title, collect such goods and\/or collect claims which have been assig\u00adned as secu\u00adrity; in such case, the con\u00adtract may be main\u00adtai\u00adned in for\u00adce, if we so choose.<\/p>\n The legal rela\u00adtions with the Buyer shall be gover\u00adned exclu\u00adsi\u00advely by Aus\u00adtrian law, exclu\u00adding the UN Con\u00adven\u00adtion on Con\u00adtracts for the Inter\u00adna\u00adtio\u00adnal Sale of Goods. The pla\u00adce of per\u00adfor\u00adman\u00adce for all obli\u00adga\u00adtions ari\u00adsing under this con\u00adtract shall be Neu\u00adsiedl am See, Austria.<\/p>\n a) It is agreed that the pla\u00adce of juris\u00addic\u00adtion for all dis\u00adpu\u00adtes which ari\u00adse directly or indi\u00adrectly under the con\u00adtract with any coun\u00adter\u00adparty having its cor\u00adpo\u00adra\u00adte seat in a mem\u00adber sta\u00adte of the Euro\u00adpean Inter\u00adnal Mar\u00adket and\/or having its cor\u00adpo\u00adra\u00adte seat in a sta\u00adte which has rati\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, (together with the con\u00adso\u00adli\u00adda\u00adted ver\u00adsions), res\u00adpec\u00adti\u00advely, shall be the com\u00adpe\u00adtent court in Vien\u00adna, first dis\u00adtrict, having sub\u00adject-mat\u00adter juris\u00addic\u00adtion. Howe\u00adver, we are also entitled to sue in a dif\u00adfe\u00adrent court having juris\u00addic\u00adtion over the Buyer and the sub\u00adject matter.<\/p>\n b) It is agreed that all dis\u00adpu\u00adtes which ari\u00adse directly or indi\u00adrectly under the con\u00adtract with any coun\u00adter\u00adparty having its cor\u00adpo\u00adra\u00adte seat outsi\u00adde a mem\u00adber sta\u00adte of the Euro\u00adpean Inter\u00adnal Mar\u00adket or having its cor\u00adpo\u00adra\u00adte seat in a sta\u00adte which has not rati\u00adfied the so-called Lugano or Brus\u00adsels Con\u00adven\u00adtion shall be exclu\u00adsi\u00advely settled by the Court of Arbi\u00adtra\u00adtion of ICC Aus\u00adtria under the rules gover\u00adning its pro\u00adcee\u00addings. The arbi\u00adtra\u00adtion pro\u00adcee\u00addings shall be held in Vien\u00adna, Austria.<\/p>\n We under\u00adta\u00adke to take part in the arbi\u00adtra\u00adtion pro\u00adcee\u00addings of the Inter\u00adnet Ombuds\u00adman in disputes:<\/p>\n www.ombudsmann.at<\/a> Further infor\u00adma\u00adtion on the pro\u00adce\u00addu\u00adres can be found at www.ombudsmann.at or in the res\u00adpec\u00adti\u00adve pro\u00adce\u00addu\u00adral guidelines:<\/p>\n Pro\u00adce\u00addu\u00adral Gui\u00adde\u00adli\u00adnes of the Inter\u00adnet Ombuds\u00adman for the Alter\u00adna\u00adti\u00adve Dis\u00adpu\u00adte Settle\u00adment under the AStG (AStG-Schlich\u00adtungs\u00adver\u00adfah\u00adren) Gui\u00adde\u00adli\u00adnes AStG-Pro\u00adce\u00addu\u00adre (PDF)<\/a>.<\/p>\n Gui\u00adde\u00adli\u00adnes for the Con\u00adci\u00adlia\u00adtion Pro\u00adce\u00addu\u00adre for the Inter\u00adnet Ombuds\u00adman outsi\u00adde the Sco\u00adpe of the AStG (Stan\u00addard Pro\u00adce\u00addu\u00adres) Gui\u00adde\u00adli\u00adnes Stan\u00addard Pro\u00adce\u00addu\u00adres (PDF)<\/a><\/p>\n The OS plat\u00adform can also be used to resol\u00adve dis\u00adpu\u00adtes with our com\u00adpany: 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\u00adga\u00adre\u00adtens\u00adtra\u00dfe 70\/2\/10
\nA\u20111050 Wien<\/p>\n