General terms and conditions of the „frischware” Design und Handels GmbH tac.pdf
1. Business line „frischware” Design und Handels GmbH´s conditions to their customers are ruled by the following terms and conditions by the current draft. Diverging terms and conditions of customers are only accepted by a written agreement with „frischware” Design und Handels GmbH.
2. Contract and right of repudiation „frischware” Design und Handels GmbH engages to accept customer`s orders on the terms and conditions of this website. In case of mistakes in writing, miscalculations or misprints the „frischware” Design und Handels GmbH gets the right of repudiation. In case of placing a customer`s order „frischware” Design und Handels GmbH agrees on customer´s repudiation within terms of 30 days from the shipping date or resending the goods to „frischware” Design und Handels GmbH, Reindorfgasse 36, 1150 Wien. To comply with these terms the timely posting of the goods in faultless conditions or the repudiation is sufficient.
„frischware” Design und Handels GmbH points out that minor differences in colours, as shown on the website may appear.
3. Shipping Without further agreement the shipping will be made directly from the depot to the customer´s address. Declarations on shipping terms are made without obligation, if not a binding delivery date is agreed upon. All deliveries will be made within 48 hours from the date of order. All deliveries are at the expense and danger of the recipient. Claims on deliveries or bills can only be raised within the legal term, starting with the date of delivery.
Damages caused by the transportation or limited losses of goods are to be confirmed by the deliverer.
If a parcel is returned, because the address was incomplete or incorrect, the customer refused to accept it, or he did not claim the goods at his post office in due time, the customer will be charged for the shipping back to „frischware” Design und Handels GmbH.
„frischware” Design und Handels GmbH points out, that shipping can only be guaranteed to countries mentioned on the country list on this website.
For further information customers may contact „frischware” Design und Handels GmbH by telephone +43 1 892 0303 bzw. per E-Mail unter info@urbantool.com.
4. Due date, payment and default The purchase price becomes due at the time of order. Accepted methods of payment are credit cards, direct debit or cash on delivery. „frischware” Design und Handels GmbH accepts payments only by the following credit cards: Visa and Mastercard.
When shipping outside the European Union „frischware” Design und Handels GmbH will bill the marked price net of 20% Austrian VAT plus shipping and handling fees. Additionally custom duties or taxes may be imposted. These fees may vary from country to country. Duties and taxes have to be payed by the customer on delivery. For further information on import duties the orderer may contact his local customs office.
If the orderer defaults the payment, „frischware” Design und Handels GmbH is entitled to claim default interest of 5,00 % over the base rate of interest, as set by the European Centralbank. If „frischware” Design und Handels GmbH is able to proof a higher damage caused by default, it is entitled to claim the higher damage.
5. Reservation of ownership „frischware” Design und Handels GmbH will remain legal owner of the delivered goods, until all claims against the purchaser are settled.
6. Liability In case of defects as to quality, due to „frischware” Design und Handels GmbH, the orderer is entiteled to either remedy because of defect or to claim replacement assets. Ist die „frischware“ Design und Handels GmbH
In case that „frischware” Design und Handels GmbH may not be willing or able to remedy the defect/ deliver replacement assets because of disproportion or in case that these services get delayed over appropriate terms and „frischware” Design und Handels GmbH is responsible for that, the customer can choose either to rescind the contract or claim a reduction of the purchase price.
Based on these terms and conditions exceeding claims of customers are to be excluded, if not explicitly admitted in one of the following passages
„frischware” Design und Handels GmbH will not undertake the liability for damages, that did not come to the delivered goods; in particular „frischware” Design und Handels GmbH will not undertake the liability for loss of profits or other pecuniary losses of the customers.
As far as the liability of „frischware” Design und Handels GmbH is limited or excluded, this limitation applies also for the personal liability of the employees or agents of „frischware” Design und Handels GmbH.
This limitation of liability does not apply for damages caused intentionally or gross negligence or in case that customers suffer personal injuries. This limitation of liability does also not apply in the case that the customer is able to raise claims according to the product liability act, or because of encumbered defects according to the civil code.
As far as „frischware” Design und Handels GmbH negligently violates essential terms of the contract, the compensation of damage to property is limited to typical damage.
7. Data security To „frischware” Design und Handels GmbH, security is the highest good in e-commerce; for that reason „frischware” Design und Handels GmbH uses solely certified paymentserver. This systems encrypts all the customer´ s personal data such as credit card number, dues to banks, name or address, so that these information cannot be used by unauthorized persons on the internet. The orderer agrees that this personal data will be raised, processed and used.
Further information on the security system of the „frischware” Design und Handels GmbH are obtainable for customers by telephone (+43 1 892 0303) or by email to info@urbantool.com.
8. Applicable law and designated court The applicable law is Austrian law under exclusion of UN purchase law. The designated court is the lower court of Vienna.
