General Terms and Conditions
- 1. ApplicationThe deliveries, services and offers of CORDOVAN-Sicherheits GmbH are made exclusively based on our current general terms and conditions. We do not acknowledge conditions of the customer which are contrary to or deviate from our business terms, unless we have expressly agreed to their validity. The fulfillment of contractual obligations on our part does not constitute acceptance of terms of contract which deviate from our terms and conditions. Our general terms and conditions shall also be deemed as a framework agreement for all further legal transactions between the contracting parties. All agreements, subsequent amendments, additions, subsidiary agreements, etc. shall be valid in their written form, including the original signature or the secure electronic signature.
- 2. Contract language
The contractual content, all other information, customer service, data information and complaint handling will be drafted in German.
- 3. Contract conclusion
§ 3. a) A contract offer by a customer requires an order confirmation for the conclusion of the contract; The sending of the goods ordered by the customer also results in the conclusion of the contract. An order confirmation is not a contract acceptance. If tenders are addressed to us, the bidder is bound by an appropriate, but at least 8-day deadline from receipt of the offer. For all orders placed by us by phone, in writing or by e-mail, our general terms and conditions apply exclusively, unless otherwise agreed. All dimensions and weights and other data on our homepage, webshop, catalog, brochures, product information or advertising material are not binding. We reserve the right to make changes to the models, errors and printing errors.§ 3. b) If an ordered product is not available, the concluded contract is canceled. If a partial service is not available, the contract declines regarding this partial service. The customer is promptly informed about this, an already paid (if appropriate proportionate) purchase price will be refunded in this case.
- 4. Price
All prices mentioned are, unless expressly stated otherwise, including 20% Austrian VAT. All prices are daily rates or apply until the next change. If export or import duties are due in course of the dispatch, these shall be borne by the purchaser. The settlement is in EURO. All prices are excluding shipping costs (for example transport, packaging material, manipulation costs together with any costs) insofar as no other agreement has been reached. The prices refer to the items shown in the description, but not to the content, accessories or decoration (for example, a case deflector shown mounted on an AUG rifle, the rifle is not included in the deflector price)
- 5. Terms of payment, default interestIn the absence of any agreement to the contrary, our claims shall be settled at our discretion either on a cash-by-delivery basis or by way of advance payment. Cash discount payments require a separate agreement. In the event of the delay in payment, including with partial payments, any discount agreements entered into shall also be void. Payments by the customer shall only be deemed to have been made upon the date of receipt in our business account. If the agreed payment period is exceeded, default interest of 8% per year will be charged. The interest on arrears shall be calculated on a daily basis aliquot starting with the delay of the payment. Offsetting or restraining payments due to existing or alleged counterclaims is, for whatever reason, not permissible. This does not affect the provision of § 6 para 1 KSchG.
- 6. Right of withdrawal / rescission of the contract for consumers in the case of distance sales – and outside of Business premises
Consumer is any natural person who enters into a transaction for a purpose which can not be attributed to his commercial or independent professional activity.
Right of withdrawal
You have the right to revoke the contract within fourteen days without giving reasons. The period of revocation shall be fourteen days from the date on which you or a third party you designate, who is not the carrier, has or has taken possession of the goods, in the case of separate deliveries or partial deliveries from the date on which you or one of You named third, which is not a carrier, the last commodity (the last part). The period of revocation is 14 days from the date of conclusion of the contract. In order to exercise your right of revocation, you must inform us (CORDOVAN-Sicherheits GmbH, attn: Florian Schrom, Rokitanskygasse 10/14, 1170 Wien, Austria, firstname.lastname@example.org) by means of a clear declaration (for example a registered letter or e-mail sent by mail) about your decision to revoke this contract. The timely dispatch of the withdrawal within the period of withdrawal is sufficient to maintain the revocation period. The revocation must be sent to:
You can use the revocation form (see last page of these terms and conditions) but you do not have to.
CORDOVAN-Sicherheit GmbH, attn. Florian Schrom, Rokitanskygasse 10/14, 1170 Vienna, Austria
Consequences of revocation
If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we use the same payment you used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment charges. We may refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier. You must return the goods to us immediately and in any case, at the latest within fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected when you send the goods before the end of the deadline of 14 days. They bear the immediate cost of returning the goods. You must only pay for a possible loss of value of the goods if this loss in value is attributable to a handling which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods. “Testing the properties and functioning” is the testing and testing of the respective goods, as is possible and customary in the store business.
Goods which have not been returned can not be accepted for logistical reasons. The right of revocation does not exist in the following contracts:
1. Contracts for the supply of goods which are not prefabricated and whose manufacture is subject to an individual selection or destination by the consumer or which are clearly tailored to the personal needs of the consumer.
2. Contracts for the supply of sealed goods which, for reasons of health or hygiene, are not suitable for return if their seal has been removed after delivery.
3. Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
4. Contracts for the supply of newspapers, magazines or magazines, with the exception of subscription contracts.
End of revocation
- 6.b. Contract rescission by reseller / trader
Resellers / dealers are given dealer conditions, so the goods are only intended for resale, with the following reasons for redemption being excluded:• The ordered goods do not like after receipt
• Slight variations in size / color / design
• The item does not fit
Reasoned and agreed complaints are always to be returned to us. The return must be franked without exception. Shipments without freight prepaid will not be accepted. The shipping costs will be reimbursed upon proof of us.
- 7. Returns in case of complaint
Reasoned complaints must always be returned to us. The return must be stamped without exception. Shipments without freight prepaid will not be accepted. In the event of a legitimate complaint, the return costs will be reimbursed by us. Avoid damage and contamination of the goods. If possible, return the goods to us in original packaging with all accessories and with all packaging components. If you no longer own the original packaging, please ensure that packaging is suitable for transport damage.
- 8. Delivery, transport, acceptance delay or acceptance refusalOur sales prices do not include any costs for shipping, unless otherwise agreed. The transport and the delivery of the goods takes place with a package service of our choice or with the Austrian Post when shipping to third countries. If the customer has not accepted the goods as agreed (delay of acceptance / delay), we are entitled, after unsuccessful postponement, to store the goods either with us for which we charge a storage fee of 0.1% of the gross settlement amount per calendar day and risk of the customer with a competent commercial man. At the same time, we are entitled either to insist on the fulfillment of the contract or to rescind the contract after setting a reasonable additional deadline of at least two weeks and to otherwise recycle the goods. In this case, a penalty of 20% of the invoice amount shall be deemed to have been agreed upon. This shall not affect any damages that may be incurred.
If the customer has chosen the delivery and payment conditions – cash on delivery by the postal service – and if the customer is delayed in acceptance / refusal or non-collection, we are entitled to insist on the fulfillment of the contract (additional possibility of prepayment) or after setting a reasonable price At least two weeks, to withdraw from the contract and to recycle the goods elsewhere. In this case, a penalty of 20% of the invoice amount shall be deemed to have been agreed upon. Any damages exceeding this amount shall remain unaffected.
In any case, any additional costs, in particular shipping, transport and transport costs, will be charged
Insurable costs resulting from the delay in acceptance or reimbursement shall be borne by the
- 9. Reminder and collection papers
For our own reminders, we are entitled to charge an amount of EUR 15.00. We shall be entitled to bring in a debt collection office / attorney to collect our claims.
- 10. Term of delivery
In the case of a contract conclusion and the ability to deliver the respective goods, the respective goods will be dispatched within 60 days from the order confirmation. Should the delivery delay (for example due to a production delay), we will inform the customer immediately after the delay is known. In the case of goods, which are known in advance that the delivery time is more than 60 days, the customer is informed in detail and in advance, the delivery time is extended accordingly.
We reserve the right to send an order in several partitions at the expense of the customer (for example, order not partly in stock, size and scope of the order, etc.).§ 11. Place of fulfillment
The place of fulfillment is 1170 Vienna.
§ 12. Minor changes in performance
If this is not a consumer business, minor or other changes in our performance or delivery obligations that are reasonable for our customers are deemed to have been approved in advance. We reserve the right to make technical and technical changes in the sense of technical progress. Changes in shape, color and weight, which do not impair the product’s properties, remain within the reasonable limits.
- 13. Compensation for damages
All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or damage to goods purchased for processing. The existence of slight or gross negligence, if it is not a consumer business, must prove the injured party. If the consumer is not a consumer, the limitation period for claims for damages shall be three years from the transfer of risk or from the conclusion of the provision of a service. The provisions on compensation for damages included or otherwise agreed in these terms and conditions also apply if the claim for damages is claimed alongside or instead of a warranty claim.§ 14. Warranty
The warranty is subject to legal regulations. Apart from those cases where the right to conversion is due by law, we reserve the right to fulfill the warranty claim at our discretion by way of improvement, exchange or price reduction. The goods must be inspected immediately after delivery. Any defects found shall also be reported to the seller immediately, but at the latest within 3 days after delivery, indicating the nature and extent of the defect. Concealed defects must be reported immediately after their discovery. If a defect notification is not filed or is not collected in time, the goods shall be deemed to have been approved. The assertion of warranty claims or claims for damages as well as the right to challenge errors due to defects are excluded in these cases.
- 15. Product liability
Reimbursement claims within the meaning of § 12 Product Liability Act are excluded,
The person entitled to recourse shows that the fault has been caused in our sphere and is at least grossly negligently indebted.§ 16. Retention of title and its assertion
All goods are delivered by us under retention of title and remain our property until full payment. In the assertion of the retention of title, a withdrawal from the contract only if the latter is expressly declared. When returning goods, we are entitled to charge incurred transport and manipulation charges. In the case of access by third parties to the reserved goods, in particular by attachments, the customer undertakes to notify us of our property and notify us without delay. If the customer is a consumer or not an entrepreneur, whose regular business is the trade with the goods purchased by us, he is not allowed to sell, pledge, give or lend, until full payment of the open purchase price. The customer bears the full risk for the reserved goods, in particular for the risk of loss, loss or deterioration.
§ 17. Claims Receipts
In the case of delivery under retention of title, the customer hereby assigns to us our claims against third parties, insofar as these arise through the sale or processing of our goods, until the final payment of our claims. The customer has to call us his customers on request and to inform them in good time of the assignment. The assignment shall be entered in the business books, in particular in the open item list, and shall be made visible to the purchaser on delivery notes, invoices, etc. If the customer is in arrears with his payments against us, then the sales proceeds with him are to be segregated and the customer has them only in our name. Any claims against an insurer have already been assigned to us within the limits of § 15 Insurance Contracts Act. Claims against us may not be assigned without our express consent.
- 18. Retention
If the customer is not a consumer, the customer is not entitled to withhold the total, but only a reasonable portion of the gross rebate, in the event of a justified complaint, except in the cases of the reverse processing.§ 19. Choice of law, jurisdiction
Austrian law applies exclusively to the exclusion of the standards which refer to foreign law. The applicability of the UN purchase right is expressly excluded. The contracting parties agree exclusively on Austrian domestic jurisdiction. If the consumer is not a consumer, the court with jurisdiction at the registered office of the company is solely responsible for the decision of all disputes arising from this contract.
§ 20. Data Protection, Address Change and Copyright
The customer grants his consent that the personal data contained in the purchase contract are also stored and processed by us in the form of automated support in accordance with this contract. Customer data will not be passed on to third parties, except for the processing of the contract and collection. The customer is obligated to announce changes to his residential or commercial address, as long as the legal transaction is not fully fulfilled. If the notification is omitted, declarations shall also be deemed to have been received if sent to the last notified address. Plans, sketches or other technical documents remain our property, as are patterns, catalogs, brochures, illustrations and suchlike; The customer shall not be subject to any kind of usage or exploitation rights whatsoever.
- 21. Authorized consentBy agreeing to the General Terms and Conditions, the customer expressly agrees that the collection, processing and use of his personal data, which he has made available to the company CORDOVAN-Sicherheit GmbH, by which the company CORDOVAN-Sicherheit GmbH is responsible for the purpose of its own marketing Customers can be arranged by setting up a customer file. In particular, the customer agrees that it will be sent to the company CORDOVAN-Sicherheit GmbH without any request by fax, email (newsletter), flyer, catalogs or comparable media. This consent can be revoked at any time by the customer with effect for the future.
Version of 01.10.2016, 1170 Vienna
Z.hd. Florian Schrom
1170 Wien, Germany
I / we (*) hereby revoke the contract for the purchase concluded by me / us (*)
(*) / The provision of the following services (*)
Ordered on (*)
Received at (*)
Name of consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only for communication on paper)
(*) Delete as appropriate.