General Terms and Conditions (GTC)
I. Validity
The deliveries, services, and offers of our company are made exclusively on the basis of these terms and conditions and exclusively to private customers; we do not recognize any terms and conditions of the customer that conflict with or deviate from our terms and conditions, unless we have expressly agreed to their validity in writing. Acts of contract fulfillment on our part shall not be deemed as consent to contractual conditions deviating from our terms. These terms and conditions shall also apply as a framework agreement for all further legal transactions between the contracting parties. There are separate GTC for business customers.
II. Conclusion of Contract
A contract offer from a customer requires a written order confirmation. The dispatch of the goods ordered by the customer also brings about the conclusion of the contract. If offers are made to us, the offeror is bound to them for a reasonable period, but at least 7 days from receipt of the offer.
For payment on account, a credit check is generally carried out for new customers. If this is negative and the customer does not wish to pay in advance, ATROPA reserves the right to terminate the contract unilaterally.
III. Price
All prices quoted by us are non-binding and, unless otherwise expressly stated, are inclusive of VAT. Should wage costs change due to collective bargaining agreements in the industry or internal agreements, or should other cost centers relevant to the calculation or costs necessary for the provision of services, such as those for materials, energy, transport, third-party work, financing, etc., change, we are entitled to increase or decrease the prices accordingly.
IV. Payment Conditions, Default Interest
Unless otherwise agreed, our claims are to be paid in cash concurrently with the delivery of the goods. For payment on account, the amount is due for payment without deduction immediately upon receipt of the goods.
V. Withdrawal from Contract
In the case of distance contracts (§§ 5a ff of the Consumer Protection Act), the consumer may withdraw from the contract within 14 working days, whereby Saturdays do not count as working days. The period begins on the day the goods are received by the consumer. It is sufficient to send the notice of withdrawal within this period. In this case, the goods will be collected by us after consultation.
VII. Delivery, Transport, Default of Acceptance
If the delivery is made by a freight forwarder, i.e., not by our assembly service, all subsequent services (e.g., warranty or guarantee claims) will also be handled by a freight forwarder or courier service. Our sales prices do not include costs for delivery, assembly, or installation, unless otherwise described. Upon request, however, these services will be provided or organized by us for a separate fee. In case of doubt, assembly work will be charged on a time basis, whereby an industry-standard hourly rate is deemed to have been agreed. We may determine the shipping method, the shipping route, and the company commissioned with the shipment at our discretion. Insurance against damage of any kind will only be taken out at the express request of the buyer and at his expense.
In the case of self-collection, the transport risk lies with the buyer. If the acceptance of the goods is refused for cash on delivery shipments, the transport costs incurred will be invoiced.
If the customer has not accepted the goods as agreed (default of acceptance), we are entitled to either insist on fulfillment of the contract or to withdraw from the contract and use the goods for other purposes.
VIII. Delivery Period
We are only obliged to perform the service once the customer has fulfilled all his obligations necessary for the execution, in particular has fulfilled all technical and contractual details, preparatory work and preparatory measures.
In the event of disruptions in our business operations or in the business operations of our producers and suppliers for which we are not responsible, such as strikes, freight-forwarding delays, lockouts or natural events / events of force majeure, a corresponding extension of the delivery time shall be deemed agreed.
Compliance with a delivery deadline is always dependent on timely self-delivery. If the possibility of delivery depends on the delivery by a sub-supplier and this delivery fails for reasons for which we are not responsible, we are entitled to withdraw from the contract. The customer is not entitled to compensation for damages for this reason.
The same applies if, due to force majeure or other events, the delivery becomes significantly more difficult or impossible and we are not responsible for this. Such events include in particular: fire, flood, labor disputes, operational disruptions, strikes and official orders that are not attributable to our operational risk.
In the aforementioned cases, the customer will be informed immediately of the lack of delivery possibility and a service already rendered will be refunded immediately.
IX. Place of Performance
The place of performance is the registered office of our company (Vienna).
X. Minor Changes in Performance
Natural materials may be subject to fluctuations. Any drying cracks, warping, knots, resin exudations, and the like are therefore generally not defects for which we are responsible.
XI. Damages
All claims for damages are excluded in cases of slight negligence. The existence of slight or gross negligence must be proven by the injured party. If it is not a consumer transaction, the limitation period for claims for damages is one year from the transfer of risk. The provisions on damages contained in these terms and conditions or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
Obvious defects must be reported in writing immediately upon receipt of the delivery; otherwise, claims for defects are excluded.
If the buyer requests conversion or a price reduction, we, as the seller, may, at our option, release ourselves from our performance obligation by supplying the missing items or by effecting an improvement, or by replacing the defective item within a reasonable period of - in the absence of any other agreement - a maximum of 12 weeks.
The warranty relates to and is limited to the following: For all delivered devices and accessories, the supplier assumes a warranty, upon fulfillment of the agreed payment conditions by the customer, to the effect that he will replace free of charge all parts which become defective or unusable within a period of 12 months from the date of delivery demonstrably as a result of poor material, faulty design or defective workmanship, or that these defects will be rectified free of charge at the factory. In the latter case, the parts must be returned carriage paid. The warranty for the infrared technology is 2 years. All freight and any travel expenses arising from repair or replacement shall be borne by the customer. Any replaced parts shall become the property of the supplier. The supplier is not liable for damage caused by the action of third parties, improper assembly, overuse, overvoltage or chemical influences. Invoices for repairs carried out by third parties will not be accepted.
If the customer is responsible for the deterioration or loss of the goods, he is obliged to pay compensation. This also applies if a reduction in value occurs through intended use.
Insofar as we have given guarantees, these only apply to the proper use of the products, in particular professional assembly and proper care. Wear and tear of any kind is not covered by the guarantee, nor is damage caused by the customer or third parties (e.g. freight forwarder). For guarantees given by manufacturers, their guarantee conditions apply.
XII. Product Liability
Recourse claims within the meaning of § 12 of the Product Liability Act are excluded by naming the manufacturer or sub-supplier in due time, unless the person entitled to recourse proves that the defect was caused in our sphere and was at least grossly negligent. The liability of the supplier requires that the customer or his possible buyers comply with the conditions for assembly, commissioning and use as well as official approval conditions and technical regulations.
XIII. Retention of Title and its Assertion
All goods are delivered by us under retention of title and remain our property until full payment. The assertion of the retention of title shall only constitute a withdrawal from the contract if this is expressly declared. In the event of the return of goods, we are entitled to charge for any transport and handling costs incurred. In the event of conduct contrary to the contract by the buyer, we are entitled to reclaim the purchased item.
In the event of third-party access to the reserved goods - in particular through seizures - the customer undertakes to point out our ownership and to notify us immediately. If the customer is a consumer or not an entrepreneur whose ordinary course of business includes trading in the goods purchased from us, he may not dispose of the reserved goods until the outstanding purchase price claim has been settled in full, in particular he may not sell, pledge, give away or lend them. The customer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.
XIV. Assignment of Claims
In the case of delivery under retention of title, the customer hereby assigns to us his claims against third parties, insofar as these arise from the sale or processing of our goods, until the final payment of our claims in lieu of payment. The customer must name his customers to us upon request and inform them of the assignment in good time. The assignment is to be entered in the business books, in particular in the open item list, and made visible to the customer on delivery notes, invoices, etc.
Any claims against an insurer are already assigned to us within the limits of § 15 of the Insurance Contract Act.
Claims against us may not be assigned without our express consent.
XVI. Choice of Law, Place of Jurisdiction
Austrian law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The contract language is German. The contracting parties agree on Austrian, domestic jurisdiction. If it is not a consumer transaction, the court with subject-matter jurisdiction at the registered office of our company shall have exclusive local jurisdiction to decide all disputes arising from this contract.
XVII. Data Protection, Change of Address and Copyright
For data protection according to GDPR, see here.
The customer is obliged to inform us of any changes to his residential or business address as long as the legal transaction in question has not been completely fulfilled by both parties. If this notification is omitted, declarations shall also be deemed to have been received if they are sent to the last known address.
Plans, sketches or other technical documents, as well as samples, catalogs, brochures, illustrations and the like, shall always remain our intellectual property; the customer shall not receive any rights of use or exploitation of any kind whatsoever.
XVIII. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. We are willing to participate in an out-of-court conciliation procedure.Google Analytics
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