As of: October 2020
Supervisory authority: Korneuburg Regional Court
Commercial register number: FN 535005 y
Commercial register court: Korneuburg Regional Court
VAT number: ATU75610938
Legal form: GmbH
Company headquarters: Brandfeldgasse 14, 2120 Obersdorf
Telephone contact: +43 (0) 678 1252988
Email contact: firstname.lastname@example.org
Represented by: M.Weichselbaum, A. Weichselbaum
Info, information and complaints to: email@example.com
Member of the WKO, specialist groups: mail order and online trading
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 to all purchase contracts for goods and/or services, in any form) between SXA GmbH and its customers. Deviating agreements must be in writing. By placing his order, the customer agrees to these terms and conditions and is bound by them.
(2) If individual provisions of these General Terms and Conditions are wholly or partially ineffective due to mandatory legal regulations (in particular the provisions of the KSchG), the remaining provisions of these General Terms and Conditions remain in effect 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 should be understood as an invitation to the customer to submit 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 content of the contract, all other information, customer service and complaint resolution are offered throughout 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 without giving reasons 30 days after taking delivery of the goods. It is sufficient if the declaration of withdrawal is sent within the deadline without giving reasons (to be sent to firstname.lastname@example.org).
(2) In the event of withdrawal, the purchase price will only be refunded step by step against the return of the goods received from the customer. Both the return of the goods and the refund of the purchase price must take place within 30 days of the declaration of withdrawal or return of the goods. The condition for this is that the goods are unused and resalable as new. The customer bears the costs of the return.
(3) For items that are impaired or damaged by signs of use, SXA GmbH will refuse any refund of the sales price. 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: email@example.com:
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 for paper notification): ____________________________
(4) Inquiries, information, data information and complaints can be sent by email to SXA GmbH at firstname.lastname@example.org between Monday and Friday between 9 a.m. and 4 p.m
- 5 prizes
(1) In principle, the purchase price for the ordered goods is deemed to be agreed, which results from the current brochures, catalogs, price lists, web shop and similar publications of SXA GmbH.
(2) Unless otherwise stated, all prices are gross daily prices “ex works” including statutory sales tax and excluding all shipping costs.
(3) If export or import taxes become due in the course of shipping, these will also be borne by the purchaser. The prices for the deliveries and services offered do not include costs charged by third parties.
(4) There is no sales tax for sales to customers outside the EU, but they must pay the respective national import taxes. For sales to entrepreneurs within the EC (except Germany), no sales tax is due if the UID is provided; they must pay the sales tax in their home country.
- 6 Delivery conditions
(1) Delivery normally takes place within 7 working days from the customer's order, but in any case within 30 days from the order date. If we do not have to cancel an order - for example due to the unavailability of the goods - we will inform the customer immediately.
(2) Delivery is made to the address specified by the customer. If the customer provides incorrect, incomplete or unclear information, he will bear all resulting costs.
- 7 Payment Terms
(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) Billing takes place in euros.
(3) The statutory (default) interest according to Section 1333 Paragraph 1 ABGB is 4% annually for non-merchants in accordance with 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” (the current total: 10.2%).
In the event of late payment, the customer is obliged to reimburse SXA GmbH for all reminder and collection costs incurred by SXA GmbH as a result of this late payment, which are necessary for appropriate legal prosecution. SXA GmbH reserves the right to claim higher damages due to default.
(4) Response time for complaints: Inquiries will be answered within 14 working days.
- 8 Warranty
The warranty is in accordance with the statutory provisions. Regulations. A claim must be made to the manufacturer.
- 9 Assumption of risk when delivering to consumers within the meaning of the KSchG
When shipping the goods, the risk of loss or damage to the goods only passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer and other than the carrier. However, if the consumer has concluded the transport contract himself without using one of the options we have suggested, the risk is transferred to the carrier when the goods are handed over.
- 10 contract data
(1) The contract data is saved for invoicing
- 11 Payment
All payment methods are processed via the payment provider chosen during the sales process. You choose the payment method and will then be redirected to the payment provider. Payment processing takes place here in just a few steps.
- 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 (immediate transfer)
Your credit card details are not stored by SXA GmbH, but are transmitted encrypted via an external payment service provider.
If you pay by credit card, you will be charged within one calendar week. When paying by credit card, the customer provides the following data: card holder, card number, credit card company, expiry date, CVV code. The data is transmitted using SSL encryption with a minimum 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 marketed the goods or the entrepreneur who imported the product into the European Economic Area for distribution is liable for damages. The injured party has the obligation to inform the parties about the alleged damage.
(2) Compensation for (defect) consequential damages and pure financial losses is excluded from 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 stated in the contract will be stored and processed for the purposes of our accounting and customer records. The data is used to comply with legal regulations and to process payment transactions. Customer data will not be passed on to third parties unless this is absolutely necessary for the execution of the contract. Contractual partners of SXA GmbH are instructed about these data protection regulations and are obliged accordingly.
(3) In the case of mailings about services and products from SXA GmbH (events, publications...) of any kind, Section 107 TKG (Telecommunications Act) applies.
(5) We would like to point out that, for the purpose of simplifying the purchasing process and for subsequent contract processing, the web shop operator stores the IP data of the connection owner as part of cookies, as well as name, address, ATU number, telephone number and email address of the buyer.
The data you provide is necessary to fulfill 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 bank / payment service provider 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 fulfill our tax obligations.
After the shopping process is canceled, the data we have stored will be deleted. If a contract is concluded, all data from the contractual relationship will be stored until the tax retention period (7 years) has expired.
The data name, address, purchased goods and date of purchase will also be stored until the end of product liability (10 years). Data processing is carried out on the basis of the legal provisions of Section 96 Paragraph 3 TKG and Article 6 Paragraph 1 lit a (consent) and/or lit b (necessary for contract fulfillment) of the GDPR
Rights as a data subject
You have the right to information about your personal data, as well as the right to correction or deletion or restriction of processing. You can also object to the processing and have the right to have your personal data transmitted in a structured, machine-readable form. For all of the rights mentioned, please use the contact details of the person responsible.
Right of appeal
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: email@example.com, web: https://www.dsb.gv. at/.
- 14 Place of jurisdiction and applicable law
(1) Austrian substantive law applies to this contract, excluding the UN Convention on Contracts for the International Sale of Goods. If the contractual partner is a consumer, the mandatory provisions of the law of the country in which he has his habitual residence also apply to this contract.
(2) The court with jurisdiction at the registered office of SXA GmbH has exclusive jurisdiction for disputes.
If the customer is a consumer within the meaning of the KSchG, the jurisdiction of the court in whose district the domicile, habitual residence or place of employment of the customer is located is deemed to be justified.
(3) The place of jurisdiction and place of performance of the contract is the registered office of SXA GmbH
Our email address: firstname.lastname@example.org
The terms and conditions are valid from July 1st, 2020