conditions générales
conditions générales
General Terms and Conditions
GTC
Notes on Ordering:
Having sent your order by using the button "Jetzt Bestellen" ("Order now") you will receive a confirmation concerning the successful transmission of your order. On receipt of the confirmation your order is binding.
In case we cannot deliver an ordered article, we will immediately inform you that your order cannot be executed.
In case you do not agree with the delivered goods, you have the right to return them within 2 weeks. You find specifics on the right to return goods in our General Terms and Conditions, § 4 and § 8.
We undertake to use your data for internal purposes only.
We will handle each information we receive from you, personally and confidentially.
Prices incl. Austrian VAT – Books may be liable to price fixing regulations – Price changes and errors reserved.
GTC updated 3. March 2005
Waldner Biotech GmbH - www.waldner-biotech.at - Cette adresse email est protégée contre les robots des spammeurs, vous devez activer Javascript pour la voir. This email address is protected against spam bots! JavaScript has to be activated to show it.
§ 1 AREA OF VALIDITY
§ 2 CONCLUSION OF THE CONTRACT
§ 3 DELIVERY
§ 4 RETURN OF GOODS
§ 5 MATURITY AND PAYMENT
§ 6 SET-OFF, RETENTION
§ 7 RESERVATION OF TITLE
www.waldner-biotech.at as the Vendor of the goods retains title until the purchase price has been completely paid by the Customer.
§ 8 WARRANTY AND LIABILITY
The warranty period is six months. This period also applies for claims for compensation of harm caused by defect and consequential harm caused by defect, as far as there are no claims in tort .
§ 9 DATA PROTECTION
§ 10 CHOICE OF LAW AND COURT
If the Consumer is Trader, all disputes arising from this agreement will be heard by the competent court of law in Lienz. If the Contractor is Consumer, he is entitled to pursue an action against www.waldner-biotech.at either in Austria or at the court of the contracting state in which he has his usual residence. In case the Contractor, on the date of contracting, had his usual residence or habitual abode in Austria, all the Contractor’s disputes against www.waldner-biotech.at will be heard only by Austrian courts (Section 14, paragraph 1 and section 15 n° 3 of the Conventions concerning the jurisdiction of courts and the enforcement of civil and commercial decisions of Brussels, 27. September 1968, and of Lugano, 16. September 1988).
§ 11 INEFFICACY
Waldner Biotech GmbH, Kärntnerstraße 62, A-9900 Lienz,
Tel.+43 4852 70200, Fax +43 4852 702002
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The inefficacy of an individual provision of these GTC (if any) does not effect the validity of the other provisions.
The law of the Austrian Republic applies. In case the Contractor is Consumer, the mandatory clauses of law of that State in which he has his usual residence, apply on this contract as well (Section 5, paragraph 2 of the Convention of Rome concerning applicable law on contractual obligations, 19. June 1980).
In our service area you will find information on type, quantity, place and purpose of acquisition, processing and use of personal data, necessary for ordering and registering for the email notice support. You may receive information about data protection, queries and complaints and generalities by Cette adresse email est protégée contre les robots des spammeurs, vous devez activer Javascript pour la voir. . This email address is protected against spam bots! JavaScript has to be activated to show it.
In case www.waldner-biotech.at is responsible for the defect of a product , based on §9 of the Austrian Law for Customer Protection www.waldner-biotech.at is entitled to improvement, to addition of the missing, or to exchange for a product free of defects. In case www.waldner-biotech.at is not ready or in a position to improve the goods, to add the missing or to exchange for a product free of defects or in case those measures exceed appropriate time limits for reasons, for which www.waldner-biotech.at is responsible, or in case the improvement, the addition of the missing or the exchange for a product free of defects is unsuccessful, the Orderer is entitled to either withdraw from the contract or to demand a corresponding reduction of the purchase price. As far as the following does not bring up new aspects, further requirements by the Orderer are excluded, whatever their legal basis. Therefore www.waldner-biotech.at is not liable in respect of damages on the delivery item itself; in particular www.waldner-biotech.at is not liable for the Orderer’s possible loss of profit or financial losses whatsoever. As far as the liability is excluded or limited by www.waldner-biotech.at, this particularly applies for the personal liability of the Vendor’s vicarious agents, employees or legal representatives. The preceding limitation of liability does not apply, if the cause of the damage is due to deliberate intention or gross negligence. Furthermore it does not apply, if the Orderer asserts claims according to §§1,3 of the Austrian Product Liability Act. The same applies in case of initial or subsequent impossibility . If www.waldner-biotech.at violates fundamental contractual obligations due to gross negligence, the liability to pay for material damages or personal injuries is limited to the damage that typically occurs.
The Customer shall be entitled to offset counterclaims only, if his counterclaims are recognized by declaratory judgement or expressively accepted in writing by www.waldner-biotech.at . Furthermore he may only exercise the right of retention if his counterclaims relate to the same contractual arrangement.
The Customer can pay the purchase price by credit card and by cash in advance. Starting with 15. October 2001 invoices are issued in €.
Within 2 weeks after receipt of the goods the Customer is entitled to return exclusively unused goods in original packaging to the Vendor. www.waldner-biotech.at undertakes to either exchange the goods according to the Customer’s wishes or to credit the purchase price for him. www.waldner-biotech.at does not accept liability for the return consignment till the goods reach the sender. We will bear the costs of return consignment, if the delivered goods are defective. In case of return consignment because of other reasons the Customer has to bear the charges. www.waldner-biotech.at does not accept other conditions, unless www.waldner-biotech.at expressly agreed to them.
Unless otherwise agreed, the goods are delivered to the shipping address denoted by the Customer. Information about the delivery period are not binding, unless there is the exception of a fixed delivery date agreed to by Waldner Biotech. The legally defined delivery time is 30 days. In case exceeding of the 30 days delivery time is foreseeable, we will immediately inform the Customer and let him decide about cancellation or delivery.
Our offers are non-binding concerning goods and prices. We accept an order by delivering the goods and by announcing their delivery. The Customer is entitled to control our order confirmation concerning its contents as well as the conformity of order and delivery.
The following Terms and Conditions apply to business transactions between www.waldner-biotech.at and the Customer. They apply exclusively in their relevant version at the time of ordering and are valid even for future business. www.waldner-biotech.at does not accept any deviations from these GTC by the Customer, unless www.waldner-biotech.at expressly agrees to the their validity in writing.Waldner Biotech hereby agrees to handle each information we receive from you, personally and confidentially. Under no circumstances your personal data is passed on to other companies or organizations.