General Terms and Conditions MATHY Universal - AUSTRIA
General Terms and Conditions of Sale and Delivery MATHY Universal-Austria for the sale and delivery of goods to consumers
Directly to the withdrawal policy
- CONCLUSION OF CONTRACT
1.1
The following terms and conditions of sale and delivery apply to all sales and deliveries of MATHY Universal-Austria, A-4030 Linz, Pachingerstrasse 4 (hereinafter: "Seller"). Supplementary or deviating regulations are only binding for the seller if they are expressly recognized by him in writing.
1.2
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking on the "Buy" / "Order with obligation to pay" button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent together with acceptance of the order by automated e-mail immediately after it has been sent. The purchase contract is concluded with this e-mail confirmation.
- QUALITY, QUANTITY, DELIVERY AND TRANSFER OF RISK
2.1
The Seller's goods shall be delivered in standard commercial quality and design, taking into account production-related tolerances for dimensions, weights and quality conditions.
2.2
Partial deliveries and partial services by the seller are permissible insofar as they are economically reasonable for the buyer.
2.3
The risk is transferred to the buyer when the goods are handed over. The buyer must support the seller in safeguarding any rights of recourse against the shipper. If a consignment is received as defective, the buyer shall therefore have a detailed report of the facts drawn up before accepting the consignment, if possible a report of the facts drawn up by the railroad authorities, in which all recognizable defects and complaints are recorded in writing.
- DELIVERY DEADLINES
3.1
The delivery time can be up to 14 days, depending on stock. Deviating delivery times are indicated on the respective product page.
- LENDING DEPOSITORS (currently not available)
- PAYMENT
5.1
Orders within Austria can be paid in advance, via PayPal or Sofortüberweisung (Klarna). Other payment methods are not available for the time being. Shipping abroad currently on request.
5.2
Payment is due in advance without deduction. The Seller shall be entitled to offset payments against the Buyer's older debts first, despite any provisions of the Buyer to the contrary, and shall inform the Seller of the type of offsetting that has taken place. If costs and interest have already been incurred, the seller shall be entitled to offset the payment first against the costs, then against the interest and finally against the principal performance.
5.3
If the Buyer defaults on payment, the Seller may charge interest at a rate of 5 percentage points above the prime rate. If the Seller becomes aware of circumstances which indicate that the Buyer's financial circumstances have deteriorated significantly after conclusion of the contract, in particular if the Buyer fails to settle due claims of the Seller and therefore payment claims of the Seller appear to be jeopardized, the Seller shall be entitled to make deliveries only against full or partial payment concurrently or provision of security. In the event of the Buyer's inability to pay or an application for the initiation of insolvency proceedings against the Buyer's assets, the Seller shall be entitled to withdraw from all purchase contracts not yet executed, unless insolvency proceedings have already been initiated.
5.4
Offsetting or exercising the right of retention due to counterclaims of the Buyer that are disputed by the Seller or have not been legally established is excluded. The exercise of a right of retention is also excluded insofar as the Buyer's counterclaims are not based on the same contractual relationship.
- CLAIMS FOR DEFECTS
6.1
The Seller reserves the right, in the event of alleged claims due to defects in the goods, in particular when asserting claims for damages, to prove by means of expert opinions from a suitable source that the goods are not defective or that an alleged damage is not based on the defectiveness of the goods. The buyer is obliged to make the goods concerned and, if applicable, other property damaged by them available for this purpose. If the inspection of alleged defects reveals that the buyer has no claim for defects, the buyer is obliged to reimburse the seller for the costs incurred as a result of the inspection.
6.2
The rectification of defects or delivery of a faultless replacement item ("subsequent performance") shall take place without recognition of any legal obligation and shall not lead to a recommencement of the limitation period for the goods concerned.
- LIMITATION OF LIABILITY
7.1
The seller shall only be liable for damages caused by slight negligence if these are attributable to material breaches of duty that jeopardize the achievement of the purpose of the contract or to the breach of duties whose fulfilment is essential for the proper performance of the contract. In these cases, liability is limited to the foreseeable damage typical for the contract.
7.2
The limitations of liability in Section 7.1 shall not apply in cases of liability under the Product Liability Act, for a defect following the assumption of a guarantee for the quality of an item or a work, in the case of fraudulently concealed defects or in the case of personal injury.
7.3
The above limitations of liability shall also apply in the event of any claims for damages by the Buyer against employees or agents of the Seller.
- RETENTION OF TITLE AND SECURITY RIGHTS
8.1
The seller retains title to the goods until the purchase price has been paid in full.
8.2
The processing or transformation of the goods by the Buyer shall always be carried out for the Seller, but without any obligation for the Seller. If the goods are processed with other items not belonging to the seller, the seller shall acquire co-ownership of the new item in the ratio of the value of the goods to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the goods delivered under reservation of title. The Buyer shall store the Seller's property free of charge. Goods to which the seller is entitled to ownership are hereinafter referred to as reserved goods.
8.3
The Buyer shall notify the Seller immediately by registered letter of any access by third parties to the goods subject to retention of title, in particular seizures. If the third party is not in a position to reimburse the Seller for the judicial or extrajudicial costs incurred in this connection, the Buyer shall be liable for such costs.
8.4
The reserved goods may not be pledged to third parties or transferred or assigned (by way of security) by the purchaser before the claims have been paid in full.
- REVOCATION POLICY
9.1 Right of withdrawal
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, e-mail) or - if the goods are delivered to you before the deadline - also by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.
The revocation is to be sent to: MATHY Universal-Austria, Harald Dostal, Pachingerstrasse 4, 4030 Linz
E-Mail: office@mathy-austria.com
9.2 Consequences of recalls
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender to us the performance received and benefits (e.g. benefits of use), or if you are unable to return or surrender them in part or only in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. Testing the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store, for example. Items that can be sent by parcel post are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
- RETURN COSTS WHEN EXERCISING THE RIGHT OF WITHDRAWAL
If you make use of your right of withdrawal, you must bear the regular costs of the return shipment if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, you have not yet provided the consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise the return shipment is free of charge for you.
- FINAL PROVISIONS
11.1
Austrian law shall apply to the exclusion of the conflict of laws rules of private international law (IPR). The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Any disputes arising from all deliveries shall be brought before the competent court at the seller's registered office.
11.2
The Seller points out that the personal data received with regard to the business relationship or in connection with it, regardless of whether they originate from the Buyer itself or from third parties, are processed in accordance with the provisions of the Federal Data Protection Act.
The version of these Terms and Conditions in German shall be the sole authoritative version for the legal validity and interpretation of the contracts concluded between the Seller and the Buyer. This shall also apply if translations of these Terms and Conditions of Sale are signed by the parties or if the Seller provides the Buyer with such translations.
Status: December 2020