Preamble
SCHLEIF-TEC Kunibert Müller GmbH, Hopbach 13, 6840 Götzis, FN 268469h, BH Feldkirch (hereinafter “SCHLEIF-TEC”), for business with companies and private individuals, offers an online marketplace for clamping and grinding systems and their accessories on the website www.spannsysteme.shop.
The following terms of use regulate participation in the Spannsysteme.shop marketplace for buyers:
Scope of Application
These sales and delivery terms are a general component of our offers to and contracts with entrepreneurs within the meaning of the Austrian Commercial Code (UGB). General terms and conditions of our customers, in particular general purchasing conditions, do not apply to contractual relationships with us. Any deviating agreements and ancillary agreements require our express written consent to be effective.
These sales and delivery terms also apply to orders and contracts made online via our web shop (www.spannsysteme.shop). For these, sections 7.7 to 7.10 and 10 take priority.
1. Conclusion of Contract
1.1 All orders received by us constitute offers to conclude a contract with us. A contract with us is only concluded when we either confirm acceptance of the offer in writing (§ 886 ABGB) (the “acceptance confirmation”) or accept the offer de facto by fulfilling it, such as in particular by sending the ordered goods. Verbal, especially telephone confirmations regarding the availability of goods (stock) or the acceptance of offers are not issued bindingly by us. An order confirmation (as defined in section 1.2) does not constitute an acceptance confirmation.
1.2 When you place an order via our web shop, you will receive an email confirming receipt of your order and summarizing the order details (the “order confirmation”). This order confirmation does not constitute acceptance of your offer to conclude a contract. A contract with us for orders via our web shop is only concluded when we accept your order de facto by sending you the ordered goods. The customer acknowledges that SCHLEIF-TEC makes no assurances regarding the content of the website, particularly with regard to quality, timeliness or completeness. SCHLEIF-TEC assumes no liability for the availability of goods that can be ordered in the web shop.
1.3 We execute all orders received on working days from Monday to Friday before 12:00 noon (CET) on the next day.
SCHLEIF-TEC expressly reserves the right not to fulfill accepted orders for products that are not in stock and to withdraw from such contracts. In this case, the respective customer will be informed by SCHLEIF-TEC as quickly as possible. The affected customer has no right to claim damages in this case.
1.4 We are also entitled to make partial deliveries. Any missing quantities will be delivered subsequently free of shipping costs after receipt.
1.5 Orders (offers) must be made either in writing (§ 886 ABGB) or via our web shop (section 1.2 above). Verbal, especially telephone orders, as well as orders by email are only accepted by us in individual cases and on a non-binding basis. Accepting verbal orders or orders by email does not create any obligation for SCHLEIF-TEC. A contract with us is also concluded in these cases only when we either confirm acceptance of the offer in writing (§ 886 ABGB) or accept the offer de facto by fulfilling it (by sending the ordered goods).
2. Prices
2.1 All prices are net prices excluding value added tax (VAT). Price corrections are expressly reserved and can be carried out at any time; this also applies to the correction of printing errors.
2.2 The current prices of our products can be retrieved on our homepage www.spannsysteme.shop.
3. Delivery
3.1 Goods are delivered to the delivery address specified by the customer. SCHLEIF-TEC generally delivers by parcel service. A flat shipping fee is charged.
3.2 Delivery by rail, freight forwarder, express service, courier, etc. must be expressly requested when ordering and will be charged separately.
3.3 Upon handover of the goods to the carrier (parcel service, carrier, freight forwarder, rail, etc.), the risk passes to the customer.
3.4 Losses or transport damage must be reported immediately to the carrier. A report by the carrier is mandatory. This also applies in cases where the contents are damaged despite proper packaging and generally in cases of damage that cannot be detected without closer inspection.
3.5 In case of non-receipt of goods, the affected customers are obliged to inform SCHLEIF-TEC within 10 days after placing the order.
3.6 Information provided by SCHLEIF-TEC regarding country of origin, statistical commodity number and the like expressly only represents the opinion of SCHLEIF-TEC and excludes any legal claim.
4. Industrial Property Rights
4.1 Trademark, design, patent and other industrial property rights to the products are not transferred to the purchaser and the purchaser is liable to SCHLEIF-TEC for any infringement of these rights. SCHLEIF-TEC Kunibert Müller GmbH is the owner of all ancillary copyrights to the product catalog and the photographs contained therein. Any reproduction or other use of the catalog or parts thereof is prohibited.
5. Returns / Exchange
5.1 Products ordered incorrectly by mistake or products that do not correspond will only be accepted for return if they are in their original packaging and were purchased within the last 30 days. This provision only applies to deliveries from our standard range. Furthermore, the products must be intact. In case of damage, a fee of 50% will be charged. The costs of return shipping are always to be borne by the buyer.
5.2 Individual products that were manufactured according to customer specifications are excluded from return or exchange.
6. Defects, Warranty, Liability Exclusions
6.1 The buyer is obliged to immediately check the goods arriving at their premises for proper condition, any defects and completeness. Any defects must be reported to us within a reasonable period, but no later than 10 days after receipt of the goods. Subject to § 924 ABGB, the buyer bears the burden of proof for the defectiveness of the goods at the time of delivery.
6.2 For all goods delivered directly by us, we grant a warranty of 12 months that the goods have no material and manufacturing defects. The statutory warranty consequences are limited to 24 months and to the extent that we either replace the defective part or – at our choice – credit the value of the sales price.
6.3 Claims for damages are excluded unless the damage was caused intentionally or through gross negligence.
6.4 SCHLEIF-TEC is liable for product liability claims under the Product Liability Act (BGBl 1988/99 – PHG) only within the scope of § 2 PHG.
6.5 Errors, printing errors and deviations regarding material, weight, dimensions, technical execution or similar characteristics are reserved. Challenge by the buyer due to error is excluded unless it was fraudulently induced. Our contractual partners waive in advance challenging contracts due to error. Liability for public statements by third parties according to § 922 para. 2 ABGB is excluded.
6.6 SCHLEIF-TEC provides no warranty and makes no assurances regarding the content of this website (in particular, but not limited to, quality, timeliness, completeness or suitability). The information on this website does not contain advice or recommendations.
6.7 SCHLEIF-TEC provides no warranty and makes no assurances regarding the content of third-party websites to which reference is made or to which access is provided via hyperlinks or in any other way through this website (“third-party websites”).
6.8 SCHLEIF-TEC provides no warranty that this website (or websites linked to it) will function properly, that errors will be corrected, or that this website or the web server is free of harmful software. The user of this website is responsible for taking appropriate security measures for their computer to ensure the security and error-free nature of data input and output.
8. Payment Terms and Consequences of Default in Payment
8.1 Where open delivery is agreed: 30 days net bank transfer
8.2 Should cash on delivery be requested or used due to payment arrears, the respective current cash on delivery fee will be charged.
8.3 In case of non-timely payment, default interest of 5% (percent) is deemed agreed. In case of default in payment, SCHLEIF-TEC is entitled to demand flat-rate reminder fees of EUR 30.00, without prejudice to the right to reimbursement of additional collection costs (collection agencies or attorneys).
9. Retention of Title
9.1 Delivered goods remain the property of SCHLEIF-TEC until they are paid in full.
9.2 In case of resale of the goods subject to retention of title, the buyer assigns in advance all claims against the secondary buyer to SCHLEIF-TEC as payment, whereby the buyer remains directly and unreservedly obligated.
10. Terms of Use and Copyright Regarding the Website
10.1 Access to and use of this website are provided by SCHLEIF-TEC subject to the conditions set forth in these sales and delivery terms.
10.2 These terms may change from time to time without notice, which is why they should be read regularly. For each order, the version of the terms valid and accessible on the website on the day of the order is decisive.
10.3 All rights to the website, copyrights, trademark, design and patent rights or other intellectual property rights belong to SCHLEIF-TEC or its licensors. All rights are reserved.
10.4 Reproduction of the content of this website or parts thereof in any form is prohibited, except for personal and internal business use, but no copies may be made and made accessible to third parties. All references to copyrights must be retained in the original. This website or its contents may not be modified, disassembled or reverse-engineered for commercial purposes.
11. Data Protection
11.1 SCHLEIF-TEC only uses personal data that is necessary for processing the order, for shipping, and for billing, namely the names of customers, their customer number, email address, shipping address, billing address, telephone and fax number for any queries, and in case of setting up direct debit, their bank details (account number and bank code).
11.2 SCHLEIF-TEC uses further information about department, functional area, industry and company size as well as about ordered products and media used on the one hand to service its customers and in particular to provide them with relevant information, and on the other hand to conduct studies on demographics as well as customer interest and customer behavior.
11.3 Telephone number, email and postal address may also be used to inform customers of SCHLEIF-TEC about order status and product and service offers from SCHLEIF-TEC. If notifications are not desired, the customers concerned must contact SCHLEIF-TEC in writing at their postal address, telephone number or email address.
11.4 Personal data of customers is only used by SCHLEIF-TEC. Excluded from this is the forwarding of data that our external service providers need for the provision of services on our behalf and taking into account data security.
11.5 Other processing of data, particularly for technical reasons, is carried out exclusively in anonymized form.
12. Place of Performance and Jurisdiction, Applicable Law, No Waiver
12.1 The place of performance and delivery as well as jurisdiction is Götzis (District of Feldkirch). The law of the Republic of Austria applies.
12.2 Missed or delayed enforcement of rights from these terms of use by SCHLEIF-TEC does not mean that SCHLEIF-TEC waives enforcement of its rights.