General Terms And Conditions
General Terms and Conditions
General Terms and Conditions & Customer information
- 1. Scope of application
- 2. Conclusion of contract
- 3. Right of withdrawal
- 4. Prices and terms of payment
- 5. Delivery and shipping terms
- 6. Reservation of title
- 7. Liability for defects
- 8. Liability
- 9. Applicable law
1) Scope of application
1.1 This Webshop exclusively delivers to customers in the EU. If you have any questions regarding this matter, please use our contact form!
1.2 These General Terms and Conditions (hereinafter referred to as “GTC”) of Vektorplus OG (hereinafter referred to as: “Seller“) shall apply for all contracts concluded by a consumer or entrepreneur (hereinafter referred to as: “Customer“) with the Seller concerning the goods and/or services displayed in his Online Shop. Herewith the inclusion of the customer´s own terms and conditions is contradicted, unless other terms have been stipulated.
1.3 According to these GTB, a Consumer is every natural person who concludes a legal transaction with a purpose that can be attributed neither to his commercial activities nor his independent professional activity. According to these GTB, an Entrepreneur is any natural person or legal entity, or company with legal personality, who or which in concluding a legal transaction is acting in the execution of its commercial or independent business activity.
2) Conclusion of contract
2.1 The product descriptions shown in the online shop of the Seller do not represent binding offers of the Seller but serve only for the purpose of the submission of a contractually binding offer by the Customer.
2.2 The Customer can submit an offer via the online order form integrated in the Seller´s Online Shop. In doing so, the Customer, upon having deposited the goods and/or services selected in a virtual shopping cart and having completed the entire electronic ordering process, submits a legally binding offer of contract with regard to the goods contained in the shopping cart by clicking on the button completing the online order process.
2.3 The Seller shall be entitled to accept the Customer´s offer within five days,
- by sending a written order confirmation or order confirmation in written form to the Customer (by fax or e-mail), whereby the customer's receipt of the order confirmation shall be decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods at the customer shall be decisive, or
- by demanding payment from the Customer following the placement of the order by the latter.
If several of the aforementioned alternatives are available, the contract shall come into effect at the point of time when one of the aforementioned alternatives comes first. Delivery periods shall always take effect from the time of conclusion of the contract.
If the Seller does not accept the Customer´s offer within the aformentioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If the customer during the online order processing selects “PayPal“ as payment method, by clicking the button completing the online order process he at the same time makes a payment order to his payment service provider. In this event, the Seller declares, in deviation from Clause 2.3, already now the acceptance of the Customer´s offer in the time in that the customer initiates the payment procedure by clicking the button completing the online order process.
2.5 The period for acceptance of the offer shall start on the day following the dispatch of offer by the Customer and shall end with the expiry of the fifth day following the dispatch of the offer.
2.6 When submitting an offer via the Seller´s online order form, the contract text will be saved by the Seller and sent back to the Customer following the dispatch of his order including the present General Terms and Conditions in written form (e.g. by e-mail, fax or letter). Additionally, the contract text will be archived on the website of the Seller and can be viewed by the Customer free of charge via his password-protected client account by entering his respective login data insofar as the Client has created a client account at the online shop of the Seller prior to the dispatch of his order.
2.7 Prior to placing the binding order via the Seller´s online order form, the Client can always correct his data by using the habitual operating functions. In addition, prior to placing the binding order, all data are displayed again in a confirmation window and can also be corrected there by using the habitual keyboard and mouse functions.
2.8 The contract can only be concluded in the German language.
2.9 The order processing and the establishment of contact shall be effected, as a rule, via e-mail and automatic order processing. The Customer has to make sure that the e-mail address entered by him for the purpose of order processing is correct, so that the e-mails sent by the Seller can be received via this address. When using SPAM filters the Client shall in particular make sure that all e-mails sent by the Seller or by third parties hired by the Seller for the purpose of processing the orders can be delivered.
3.0 In the event of vouchers being issued to our customers, the following conditions shall be met, unless alternative terms and conditions apply on the vouchers: Vouchers are valid for an unlimited period.
3) Right of withdrawal
3.1 Consumers with residence or usual domicile within the EU shall basically have the right of withdrawal. Companies shall not have this right of withdrawal.
3.2 There shall be no right of withdrawal, among others,
- for goods delivered sealed and not suitable for return for reasons of health protection or for hygiene reasons if their seal has been removed after delivery.
More comprehensive information on the right of withdrawal can be found in the cancellation instructions of the Seller.
4) Prices and Terms of Payment
4.1 Unless otherwise stated in the Seller´s product description, all indicated prices are total prices including the applicable statutory value added tax. If applicable, additionally occurring delivery and transport costs will be displayed separately in the respective product description.
4.2 The Customer has the following payment options, which are indicated in the Online Shop of the Seller.
4.3 If prepayment has been agreed, payment shall be due immediately upon conclusion of the contract.
4.4 If the customer selects the mode of payment "PayPal", the execution of the payment is made by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the terms and conditions of use of PayPal, which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
5) Delivery and shipping terms
5.1 Unless otherwise agreed, the delivery of goods shall be effected on the dispatch route and to the delivery address indicated by the Customer. In the processing of the transaction, the delivery address specified by the Customer shall be applicable. This provision notwithstanding, in case the customer selects the mode of payment "PayPal", the delivery address lodged with PayPal by the Customer at the time of payment shall be decisive.
5.2 In case the transport company sends the dispatched goods back to the Seller because the goods could not be delivered to the Customer, the Customer shall bear the costs for the unsuccessful delivery. This shall not apply if the Customer makes effective use of his right of withdrawal or if he is not responsible for the circumstances having caused the impossibility of delivery.
5.3 If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer upon the surrender, as soon as the Seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution charged with the execution of the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall basically only pass to the Customer when they are handed over to the Customer or a person authorised to receive the goods. Notwithstanding this, the risk of accidental loss or deterioration of the goods sold also in case of consumers shall pass to the Customer already as soon as the Seller has delivered the goods to the forwarding agent, the carrier, or any other person or institution charged with the execution of the shipment if the Customer commissions the forwarding agent, the carrier, or any other person or institution charged with the execution of the shipment and the Seller has not previously notified the Customer about this person or institution.
5.4 The Seller reserves the right to withdraw from the contract in the event of an incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery, especially in case of conclusion of a congruent covering transaction with our supplier with due diligence. The Seller shall take all reasonable efforts to obtain the goods. If the goods are unavailable or only partially available, the Customer shall be informed immediately and the consideration be immedietely refunded.
5.5 In case the goods are collected by the Customer, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. Upon receipt of this e-mail, the Customer can collect the goods upon consultation with the Seller at the registered seat of the supplier. In the latter case, no shipping costs shall be charged.
6) Reservation of title
6.1 Vis-à-vis consumers, the Seller shall retain full ownership of the goods delivered up to complete payment of the owed purchase price.
6.2 Vis-à-vis entrepreneurs, the Seller shall retain full ownership of the goods delivered until all claims resulting from an ongoing business relationship have been settled in full.
6.3 If the Customer is an entrepreneur, he shall be entitled to resell the conditional goods in the course of regular business operations. All claims resulting from such claims against third parties shall be transferred to the Seller by the Buyer (including VAT) beforehand according to the corresponding invoice value. This assignment shall apply irrespective of whether the reserved goods were resold without or after processing. The Customer shall remain entitled to collect the assigned claims even after the assignment. The Seller's right to collect the claims himself shall remain unaffected. The Seller, however, will not collect the claims as long as the Buyer fulfils his payment obligations towards the Seller, does not default in payment and no petition for the opening of insolvency proceedings is filed.
The statutory warranty regulations shall apply.
For companies, the following shall furthermore apply:
- A minor defect basically shall not establish a warranty claim,
- The Seller shall have the choice of method of remedy of defect,
- The period of limitation shall not be renewed if a replacement is effected within the scope of liability for defects.
7.1 If the Customer acts as an entrepreneur pursuant to the Austrian Commercial Code (UGB), the duty of commercial inquiry and reprimand pursuant to § 377 UGB shall be applied to him. If the Client neglects the obligations to give notice specified therein, the goods shall be considered approved.
7.2 If the Client is a Consumer, he will be requested to file a claim to the delivery agent for goods delivered with obvious transportation damages and to inform the Seller about that. Should the Customer fail to comply with this provision, this shall not affect his statutory or contractual warranty claims.
The Seller shall be liable to the Customer for all financial losses incurred from contractual, quasi-contractual and legal, including tortious claims for damages and effort compensations as follows:
8.1 The Seller shall have unlimited liability on any legal ground
- in cases of intent or gross negligence,
- in case of negligent or deliberate fatal injury, physical injury or injury to health,
- based on a guarantee undertaking, unless otherwise stipulated in these Terms and Conditions.
8.2 If the Seller is in negligent breach of an important contractual obligation, his obligation to provide compensation shall be limited solely to the predictable damage typical of the contract, provided that no unlimited liability is assumed pursuant to Section 8.1. The essential contractual obligations are the obligations imposed to the Seller by the Contract, based on its content, for attainment of the purpose of Contract whose fulfilment makes possible the proper execution of the Contract and the compliance with which the customer should generally be able to rely on.
8.3 Apart from this, the Seller accepts no liability of any kind.
8.4 The aforementioned liability provisions shall also apply with regard to the Seller´s liability for his auxiliary staff and legal representatives.
9) Applicable law/Place of jurisdiction
The law of the Republic of Austria shall be applied to all legal relations between the parties with the exclusion of UN purchasing law. The foregoing provisions regarding the governing law shall apply only to the extent that granted protection by mandatory statutory provisions of the country, in which the consumer maintains its customary residence is not withdrawn.
If the customer is an entrepreneur in terms of Section 1.2, the exclusive place of jurisdiction shall be the place of business of the Seller. Both in the event of actions of the Entrepreneur against the Consumer and actions of the Consumer against the Entrepreneur shall fall under the jurisdiction of the Consumer´s residence.