TERMS OF SERVICE
1. General / Scope
The following General Terms and Conditions (hereinafter referred to as "GTC") apply exclusively to all business relationships between the customer and Gesa Transporttechnik Ing. Gerhard Sandhofer Gesellschaft mbH (hereinafter referred to as "GESA") unless GESA agrees to the contrary, contrary and additional terms and conditions expressly and in writing. GESA operates an online shop at www.gesa.at.
2. Offer and conclusion of contract
The offers, regardless of their form (catalogs, brochures, websites, price lists, etc.), are subject to change unless they are expressly designated as binding. Information - such as descriptions, dimensions, weights and figures - contained in printed matter and price lists, are used only for the determination of goods, are only approximately relevant and do not represent quality specifications. The order of the contractor is only with the order confirmation by Gesa as accepted with which a contract comes about. The presentation of goods in the online shop does not constitute a binding offer. The customer can put the respective goods in the virtual shopping cart. This process is not binding and does not constitute a contract offer. During the ordering process, the customer must confirm that he has read the present Terms and Conditions of Sale and Delivery. The present terms of sale and delivery can be accessed at any time via a corresponding link as well as on the homepage www.gesa.at. Before placing an order, the content of the order is summarized on an overview page. Input errors can still be corrected before completing the ordering process. With the completion of the order process and sending the order, the customer makes a binding offer to conclude the contract. The conclusion of the contract itself takes place through the acceptance of the offer by GESA.
3. Prices
The prices are in principle ex warehouse, unless other conditions have been agreed. All prices are shown as net prices (without VAT) in Euro. The prices are to be understood as the pure value of the goods and the daily price without additional services. They are ex works or warehouse plus costs of shipping, interim storage, etc. The value added tax in the statutory amount will be charged additionally. All orders for which no fixed prices have been agreed will be charged at the prices prevailing on the day of delivery.
4. Payment
The invoices of GESA are due within 30 days of the invoice date. If the target is exceeded, interest at the rate of 4% above the respective base interest rate of the Austrian National Bank will be charged. Orders under € 40, - will only be executed against cash payment or cash on delivery.
5. Retention of title
GESA retains ownership of the delivered goods until the buyer has paid all claims arising from the business relationship and full payment of checks and bills of exchange has been made. In the case of the assertion of the retention of title, the customer agrees to return the delivered goods, in which case the remaining debt is reduced by the value of the returned goods at the time of return.
6. Delivery time
The delivery time is only approximate agreed. The delivery period begins on the day of dispatch of the order confirmation and is deemed to have been met if the goods have left the warehouse by the end of the delivery period or the readiness for dispatch has been reported. Unforeseen obstacles such as force majeure, war, riots, strikes, power cuts, difficulties in procuring materials, breakdowns, transport difficulties or other delays beyond our control release us from adhering to the agreed delivery period and the purchaser is not entitled to compensation if exceeded.
7. Warranty
GESA assumes no liability for defects or damage caused by non-observance of the respective operating instructions, by natural forces, by incorrect operation or improper use or force majeure or the like. The warranty period is six months from delivery. The existence of defects must be proven by the contracting party. § 924 ABGB does not apply. Occurring defects are to be reported by the contractual partner immediately, but at the latest within 8 days after delivery in writing (also by fax or email) with a detailed description, not immediately recognizable defects within 8 days after their detection. In the case of warranty, GESA is entitled to determine the type of warranty (improvement, replacement, price reduction or conversion) itself.
8. Damages, product liability
The liability of GESA for slight negligence, for indirect and consequential damages as well as loss of profit as well as the liability for property damage due to a faulty product is excluded, unless compulsory. The exclusion of liability for industrial property damage in accordance with § 9 PHG is to be transferred from the customer to his customer. The customer keeps GESA harmless in this respect.
9. Packaging
Packaging material will be charged at cost, unless otherwise agreed, and will not be taken back. ARA license number: 3266
10. Return of goods
Ordered and properly delivered goods may only be returned with our express permission. In this case, we charge at least 10% for proportionate administrative costs.
11. Place of performance, choice of law, place of jurisdiction
The place of performance is stated in the order confirmation. As far as this is not the case, the place of fulfillment is Klagenfurt. The contract terms are exclusively governed by Austrian law excluding the UN Sales Convention. The place of jurisdiction is exclusively the relevant court in 9020 Klagenfurt as agreed. Commercial register number: FN 98761m Commercial register court: Klagenfurt, UID number: ATU 25462905
12. Consumer protection
If the contractual partner is a consumer within the meaning of the Consumer Protection Act (KSchG), the above contractual provisions shall only apply to the extent that they do not violate mandatory provisions of the KSchG.
13. 5% ONLINE DISCOUNT CONDITIONS
Except for selected products! The 5% online discount will be shown on the product! Does not apply to special prices. Combination with other percentage discounts not possible.