General terms and conditions of business
Status: April 2024
Supervisory authority: Regional Court of Korneuburg
Company registration number: FN 535005 y
Commercial Register Court: Regional Court Korneuburg
VAT number: ATU75610938
Legal form: GmbH
Company headquarters: Brandfeldgasse 14, 2120 Obersdorf
Telephone contact: +43 (0) 2245 /20807
Email contact: office@123homeoffice.de
Information, inquiries and complaints to: office@123homeoffice.de
Member of the WKO, specialist groups: mail order and internet trade
Trade regulations: Trade regulations ( www.ris.bka.gv.at )
- 1 Scope
(1) The following "General Terms and Conditions" (GTC) apply in the version valid on the day of the order for all purchase contracts for goods and/or services (in any form) between SXA GmbH and its customers. Deviating agreements must be made in writing. By placing an order, the customer agrees to these GTC and is bound by them.
(2) Should individual provisions of these General Terms and Conditions be invalid in whole or in part due to mandatory legal provisions (in particular the provisions of the Consumer Protection Act), the remaining provisions of these General Terms and Conditions shall remain valid and unchanged.
- 2 Conclusion of contract
SXA GmbH reserves the right to change the content of the respective service offering at any time. All offers from SXA GmbH (brochures, catalogs, price lists, web shop...) are non-binding and are to be understood as an invitation to the customer to make an offer themselves. The contract is concluded when SXA GmbH accepts the order, either by sending an order confirmation by post, fax or email or directly by sending the ordered goods.
- 3 Contract language
The contract content, all other information, customer service and complaint handling are offered entirely in German.
- 4 Right of withdrawal in distance selling
(1) Customers who are consumers within the meaning of the Consumer Protection Act can withdraw from the purchase within 14 days of receipt of the goods without giving reasons. It is sufficient if the declaration of withdrawal is sent within the period without giving reasons (to be sent to office@123homeoffice.de).
(2) In the event of withdrawal, a refund of the purchase price will only be made in return for the return of the goods received by the customer. Both the return of the goods and the refund of the purchase price must be made within 30 days of the declaration of withdrawal or return of the goods. The condition for this is that the goods are unused and in a condition that is re-saleable as new. The customer bears the costs of the return shipment.
(3) SXA GmbH will refuse to refund any purchase price for items that are impaired or damaged. The same applies if accessories (such as parts, screws, etc.) are missing when the goods are returned.
SAMPLE CANCELLATION FORM
To SXA GmbH, e-mail: office@123homeoffice.de:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*): ____________________________
Name of consumer(s): ____________________________
Address of the consumer(s): ____________________________
Signature of the consumer(s) (only if notification is on paper): ____________________________
Date: ____________________________
(4) Please send inquiries, information, data requests and complaints by email to SXA GmbH at office@123homeoffice.de Monday to Friday, between 9 a.m. and 4 p.m.
- 5 Prices
(1) In principle, the purchase price for the ordered goods shall be deemed to be agreed upon as set out in the current brochures, catalogues, price lists, web shop and similar publications of SXA GmbH.
(2) Unless otherwise stated, all prices are daily gross prices "ex works" including statutory value added tax, excluding all expenses incurred in connection with shipping.
(3) If export or import duties become due during shipping, these will also be borne by the customer. The prices for the goods and services offered do not include costs charged by third parties.
(4) Sales to customers outside the EU are not subject to VAT, but they must pay the relevant national import duties. Sales to companies within the EU (except Austria) are not subject to VAT if the VAT ID is provided, but they must pay the VAT in their home country.
- 6 Delivery conditions
(1) Delivery normally takes place within 7 working days of the customer's order, but in any case within 30 days of the order date. If we are unable to cancel an order - for example due to the unavailability of the goods - we will inform the customer immediately.
(2) Delivery will be made to the address provided by the customer. If the customer provides incorrect, incomplete or unclear information, the customer will bear all resulting costs.
- 7 Terms of payment
(1) Unless otherwise agreed, invoices are due immediately upon receipt of the invoice using the payment slip enclosed with the goods, free of deductions and charges.
(2) Invoicing shall be in Euro.
(3) The statutory (default) interest according to Section 1333 Paragraph 1 ABGB is 4% per year for non-merchants according to Section 1000 Paragraph 1 ABGB. – According to Section 1333 Paragraph 2 ABGB, the statutory default interest "between entrepreneurs from business transactions" (= bilateral commercial transactions) is 8% "above the base interest rate" (currently a total of 10.2%).
In the event of late payment, the customer is obliged to reimburse SXA GmbH for all reminder and collection costs incurred as a result of this late payment and necessary for the appropriate legal action. SXA GmbH reserves the right to claim higher damages for late payment.
(4) Response time for complaints: Inquiries will be answered within 14 working days.
- 8 Warranty
The warranty is provided in accordance with statutory provisions. A claim must be made to the manufacturer.
- 9 Risk of delivery to consumers within the meaning of the Consumer Protection Act
When the goods are shipped, the risk of loss or damage to the goods only passes to the consumer when the goods are delivered to the consumer or to a third party other than the carrier designated by the consumer. However, if the consumer has concluded the transport contract himself without using a selection option suggested by us, the risk passes when the goods are handed over to the carrier. If the consumer returns the goods to SXA GmbH, the risk passes from the consumer to SXA GmbH when they are delivered to SXA GmbH.
- 10 Contract data
(1) The contract data will be stored for invoicing purposes
- 11 Payment
All payment methods are processed via the payment provider selected in the sales process. You select the payment method and are then redirected to the payment provider. Payment is processed here in just a few steps.
Payment method:
- Payment slip (you will receive an invoice with a payment slip)
- Credit card: VISA/ Verified by VISA, Master Card/Secure Code, Diners Club, American Express
- Maestro SecureCode
- EPS online transfer (BA/CA, Erste Bank & Sparkassen, BAWAG PSK Group, Hypo, Raiffeisen, Volksbanken, Bankhaus Carl Spängler)
- Klarna (instant bank transfer)
- Paypal
Your credit card details are not stored by SXA GmbH, but are transmitted in encrypted form via an external payment service provider.
When paying by credit card, the charge is made within one calendar week. When paying by credit card, the customer provides the following data: cardholder, card number, credit card company, expiration date, CVV code. The data is transmitted using SSL encryption with at least a 128-bit key and is therefore not visible to unauthorized persons.
- 12 Damages
(1) According to the Product Liability Act, the entrepreneur who manufactured and distributed the goods or the entrepreneur who imported the product for distribution into the European Economic Area is liable for damages. The injured party has the obligation to inform the parties of the alleged damage.
(2) Compensation for consequential damages (due to defects) and purely financial losses is excluded for entrepreneurs.
- 13 Data protection
(1) The employees of SXA GmbH are subject to the confidentiality obligations of the Data Protection Act.
(2) The customer acknowledges that the use of the data about the customer specified in the contract will be stored and processed for the purposes of our accounting and customer records. The data will be used to comply with legal requirements and to process payment transactions. Customer data will not be passed on to third parties unless this is absolutely necessary for the contract to be processed. Contract partners of SXA GmbH are instructed about these data protection provisions and are obliged to comply accordingly.
(3) In the case of mailings about services and products of SXA GmbH (events, publications...) of any kind, Section 107 TKG (Telecommunications Act) applies.
Data storage
(5) We would like to point out that for the purpose of simplifying the purchasing process and for later contract processing, the web shop operator stores the IP data of the connection owner in cookies, as well as the name, address, ATU number, telephone number and e-mail address of the buyer.
The data you provide is required to fulfil the contract or to carry out pre-contractual measures. Without this data, we cannot conclude the contract with you. Data will not be transferred to third parties, with the exception of the transfer of credit card details to the processing banks/payment service providers for the purpose of debiting the purchase price, to the transport company/shipping company commissioned by us to deliver the goods and to our tax advisor to fulfil our tax obligations.
Once the purchase process has been cancelled, the data stored by us will be deleted. If a contract is concluded, all data from the contractual relationship will be stored until the expiry of the tax retention period (7 years).
The data name, address, purchased goods and purchase date are also stored until the product liability period expires (10 years). The data processing is carried out on the basis of the legal provisions of Section 96 Paragraph 3 of the Telecommunications Act and Article 6 Paragraph 1 Letter a (consent) and/or Letter b (necessary for the performance of the contract) of the GDPR.
Rights as a data subject
You have the right to information about your personal data, as well as the right to rectification or erasure or restriction of processing. You can also object to processing and have the right to transfer your personal data in a structured, machine-readable format. For all of the above rights, please use the contact details of the person responsible.
Right to complain
You also have the right to lodge a complaint with a supervisory authority.
For Austria, this is the Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna, telephone: +43 1 52 152-0 , email: dsb@dsb.gv.at, web: https://www.dsb.gv.at/.
- 14 Place of jurisdiction and applicable law
(1) This contract shall be governed by Austrian substantive law, excluding the UN Convention on Contracts for the International Sale of Goods. If the contracting party is a consumer, the mandatory provisions of the law of the state in which he has his habitual residence shall also apply to this contract.
(2) Any disputes shall be subject exclusively to the jurisdiction of the court having subject-matter jurisdiction at the registered office of SXA GmbH.
If the customer is a consumer within the meaning of the Consumer Protection Act, the jurisdiction of the court in whose district the customer’s place of residence, habitual abode or place of employment is located shall be deemed to be established.
(3) The place of jurisdiction and performance of the contract is the registered office of SXA GmbH
Our email address: office@123homeoffice.de
The terms and conditions are valid from 23.04.2024