of www.cristalopolis.eu by HCD-Hil\u00adler \u2013 Rai\u00adnald Hiller<\/strong><\/p>\n The\u00adse Gene\u00adral Terms and Con\u00addi\u00adtions of Sale and Deli\u00adve\u00adry 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 expres\u00adsly refer\u00adring to the\u00adse Gene\u00adral Terms and Con\u00addi\u00adtions of Sale and Deli\u00adve\u00adry. Upon pla\u00adcing an order, or, at the late\u00adst, upon receipt of the arti\u00adcle and\/or ser\u00advi\u00adce, the Buyer ack\u00adno\u00adw\u00adled\u00adges the\u00adse Gene\u00adral Terms and Con\u00addi\u00adtions of Sale and Deli\u00adve\u00adry. Modi\u00adfi\u00adca\u00adtions or side agree\u00admen\u00adts shall not be valid unless con\u00adfir\u00admed in wri\u00adting by us and shall only apply to the respec\u00adti\u00adve indi\u00advi\u00addual tran\u00adsac\u00adtion. Devia\u00adting terms of con\u00adtract of the Buyer are expres\u00adsly 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\u00adno\u00adw\u00adled\u00adge\u00adment of the terms of con\u00adtract of the Buyer.<\/p>\n Our offers are made enti\u00adre\u00adly without enga\u00adge\u00adment. This also applies to illu\u00adstra\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\u00adve\u00adry 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 rea\u00adsons 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\u00adve\u00adry dates are sta\u00adted without enga\u00adge\u00adment. Fai\u00adlu\u00adre to com\u00adply with deli\u00adve\u00adry 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\u00adve\u00adry and\/or ser\u00advi\u00adce in spi\u00adte of having been gran\u00adted a gra\u00adce period of at lea\u00adst four weeks in writing.<\/p>\n The period for deli\u00adve\u00adry shall be pro\u00adlon\u00adged by all cir\u00adcum\u00adstan\u00adces which are beyond the con\u00adtrol of the par\u00adties, such as, e.g., fai\u00adlu\u00adre of upstream sup\u00adpliers to make deli\u00adve\u00adry within due time, the situa\u00adtion con\u00adcer\u00adning raw mate\u00adrials, cases of for\u00adce majeu\u00adre, unfo\u00adre\u00adseea\u00adble inter\u00adrup\u00adtion of ope\u00adra\u00adtions, inter\u00adfe\u00adren\u00adce by the autho\u00adri\u00adties, delay in trans\u00adport and clea\u00adran\u00adce throu\u00adgh customs, dama\u00adge to or loss of goods in tran\u00adsit, shor\u00adta\u00adge of ener\u00adgy, raw mate\u00adrials and other mate\u00adrials, sub\u00adstan\u00addard qua\u00adli\u00adty of impor\u00adtant pro\u00adduc\u00adtion parts and labor dispu\u00adtes, in each case by the dura\u00adtion of the impediment.<\/p>\n The Buyer is obli\u00adga\u00adted to promp\u00adtly take deli\u00adve\u00adry 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\u00adve\u00adry, 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 legal\u00adly per\u00admis\u00adsi\u00adble. Each par\u00adtial deli\u00adve\u00adry will be dee\u00admed a sepa\u00adra\u00adte tran\u00adsac\u00adtion and can be invoi\u00adced sepa\u00adra\u00adte\u00adly by us.<\/p>\n The risk shall pass to the Buyer upon deli\u00adve\u00adry of the arti\u00adcle to the for\u00adwar\u00adding agent or car\u00adrier, but not later than upon lea\u00adving the fac\u00adto\u00adry or the ware\u00adhou\u00adse. This shall also apply in the event that deli\u00adve\u00adry is made by us free pla\u00adce of desti\u00adna\u00adtion using our own vehi\u00adcle or a third-par\u00adty vehi\u00adcle. Deli\u00adve\u00adries on call will be dee\u00admed to have been cal\u00adled one year after the pla\u00adcing of the order at the late\u00adst. In the absen\u00adce of spe\u00adcial instruc\u00adtions of the Buyer, deli\u00adve\u00adry will be made by exer\u00adci\u00adsing our best judg\u00adment and without any war\u00adran\u00adty for selec\u00adting the quic\u00adke\u00adst and chea\u00adpe\u00adst mode of dispatch. 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, cor\u00adrect\u00adness and free\u00addom from any other type of defect and shall noti\u00adfy pos\u00adsi\u00adble defec\u00adts 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 dispat\u00adched direc\u00adtly to third par\u00adties, the periods for exa\u00admi\u00adning the arti\u00adcle and com\u00adply\u00ading with the obli\u00adga\u00adtion to noti\u00adfy defec\u00adts shall com\u00admen\u00adce upon receipt of the arti\u00adcle by the third party.<\/p>\n The war\u00adran\u00adty period for any type of deli\u00adve\u00adry and\/or ser\u00advi\u00adce shall be six mon\u00adths as from the pas\u00adsing of the risk.<\/p>\n Fit\u00adness for a par\u00adti\u00adcu\u00adlar use is only war\u00adran\u00adted by us if we expres\u00adsly under\u00adta\u00adke such war\u00adran\u00adty. At our choi\u00adce, our war\u00adran\u00adty is limi\u00adted to the deli\u00adve\u00adry of a sub\u00adsti\u00adtu\u00adte arti\u00adcle of the same type and quan\u00adti\u00adty or to reme\u00addy\u00ading the defect. In case of goods and\/or ser\u00advi\u00adces pro\u00advi\u00added on the basis of spe\u00adci\u00adfi\u00adca\u00adtions and instruc\u00adtions of the Buyer, we only war\u00adrant that per\u00adfor\u00adman\u00adce has been made in accor\u00addan\u00adce with the agreed terms. The war\u00adran\u00adty period shall not com\u00admen\u00adce anew on account of the deli\u00adve\u00adry of sub\u00adsti\u00adtu\u00adte goods and\/or the reme\u00addy\u00ading 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\u00adli\u00adty of per\u00adfor\u00adman\u00adce, posi\u00adti\u00adve breach of con\u00adtract (posi\u00adti\u00adve For\u00adde\u00adrung\u00adsver\u00adle\u00adtzung), cul\u00adpa in con\u00adtra\u00adhen\u00addo, con\u00adse\u00adquen\u00adtial dama\u00adge, defec\u00adts 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 instruc\u00adtions for assem\u00adbly, com\u00admis\u00adsio\u00adning and use (ope\u00adra\u00adting instruc\u00adtions) issued by us for the goods deli\u00adve\u00adred and\/or ser\u00advi\u00adces per\u00adfor\u00admed must be man\u00adda\u00adto\u00adri\u00adly com\u00adplied with. The non-respect of such instruc\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 wea\u00adk\u00adnes\u00adses can\u00adnot be exclu\u00added. The Buyer the\u00adre\u00adfo\u00adre under\u00adta\u00adkes to sub\u00adject the\u00adse pro\u00adduc\u00adts to inspec\u00adtion prior to use. To the extent that the pro\u00adduc\u00adts are instal\u00adled 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 web\u00adshop (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 inte\u00adre\u00adst in the amount of the default inte\u00adre\u00adst rate char\u00adged by the banks from time to time, but at lea\u00adst 12% p.a., as from the 15th day after the date of the invoi\u00adce, unless higher costs are incur\u00adred by us. The costs of remin\u00adders, inqui\u00adries and other costs con\u00adnec\u00adted with col\u00adlec\u00adting such deb\u00adts 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 enti\u00adtled 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 enti\u00adtled, without pre\u00adju\u00addi\u00adce to any other rights we may have, to with\u00adhold our deli\u00adve\u00adries and\/or ser\u00advi\u00adces (whi\u00adle pre\u00adser\u00adving the period still allo\u00adwed for deli\u00adve\u00adry) until the agreed coun\u00adter-per\u00adfor\u00adman\u00adce has been made, or to can\u00adcel the con\u00adtract after a rea\u00adso\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 enti\u00adtled 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\u00adper\u00adty until our claims, inclu\u00adding our futu\u00adre claims, have been paid, in case of cur\u00adrent accoun\u00adts until any balan\u00adce in our favor resul\u00adting from any deli\u00adve\u00adry wha\u00adtsoe\u00adver has been paid, even if spe\u00adci\u00adfic claims have been desi\u00adgna\u00adted when making a payment.<\/p>\n b) The Buyer is enti\u00adtled to re-sell to third par\u00adties in the pro\u00adper cour\u00adse of busi\u00adness the arti\u00adcle deli\u00adve\u00adred by us. Alrea\u00addy upon ente\u00adring into the con\u00adtract, the Buyer assi\u00adgns to us all claims inclu\u00adding all ancil\u00adla\u00adry rights which the Buyer may have again\u00adst its custo\u00admers but shall remain enti\u00adtled to col\u00adlect such claims as long as the Buyer is not in default vis-\u00e0-vis us. We are enti\u00adtled to inform the custo\u00admers of the Buyer of the assi\u00adgn\u00adment and\/or demand of the Buyer that the assi\u00adgn\u00adment be ente\u00adred in the Buye\u00adr\u2019s books. The Buyer shall also pro\u00advi\u00adde us with all docu\u00admen\u00adts and infor\u00adma\u00adtion neces\u00adsa\u00adry to enfor\u00adce our rights. If any such invoi\u00adced amount which has been assi\u00adgned is recei\u00adved by third par\u00adties, the Buyer is obli\u00adga\u00adted to claim back such amount from the third par\u00adty and deli\u00adver such amount to us.<\/p>\n c) The Buyer war\u00adran\u00adts that we shall at any time have access to the pre\u00admi\u00adses of the Buyer for the pur\u00adpo\u00adse of inspec\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\u00adven\u00adcy pro\u00adcee\u00addings again\u00adst the Buyer are applied for or insti\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 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 assi\u00adgned as secu\u00adri\u00adty; 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\u00adve\u00adly by Austrian law, exclu\u00adding the UN Con\u00adven\u00adtion on Con\u00adtrac\u00adts 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 juri\u00adsdic\u00adtion for all dispu\u00adtes which ari\u00adse direc\u00adtly or indi\u00adrec\u00adtly under the con\u00adtract with any coun\u00adter\u00adpar\u00adty 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-cal\u00adled Luga\u00adno 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, (toge\u00adther with the con\u00adso\u00adli\u00adda\u00adted ver\u00adsions), respec\u00adti\u00adve\u00adly, shall be the com\u00adpe\u00adtent court in Vien\u00adna, fir\u00adst district, having sub\u00adject-mat\u00adter juri\u00adsdic\u00adtion. Howe\u00adver, we are also enti\u00adtled to sue in a dif\u00adfe\u00adrent court having juri\u00adsdic\u00adtion over the Buyer and the sub\u00adject matter.<\/p>\n b) It is agreed that all dispu\u00adtes which ari\u00adse direc\u00adtly or indi\u00adrec\u00adtly under the con\u00adtract with any coun\u00adter\u00adpar\u00adty 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-cal\u00adled Luga\u00adno or Brus\u00adsels Con\u00adven\u00adtion shall be exclu\u00adsi\u00adve\u00adly set\u00adtled by the Court of Arbi\u00adtra\u00adtion of ICC Austria 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 Ombud\u00adsman in disputes:<\/p>\n www.ombudsmann.at<\/a> Fur\u00adther infor\u00adma\u00adtion on the pro\u00adce\u00addu\u00adres can be found at www.ombudsmann.at or in the respec\u00adti\u00adve pro\u00adce\u00addu\u00adral guidelines:<\/p>\n Pro\u00adce\u00addu\u00adral Gui\u00adde\u00adli\u00adnes of the Inter\u00adnet Ombud\u00adsman for the Alter\u00adna\u00adti\u00adve Dispu\u00adte Set\u00adtle\u00adment under the AStG (AStG-Schli\u00adch\u00adtung\u00adsver\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 Ombud\u00adsman 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 dispu\u00adtes 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\u00adga\u00adre\u00adten\u00adstra\u00dfe 70\/2\/10
\nA\u20111050 Wien<\/p>\n