1. Validity of general terms and conditions (GTC)
Unless expressly agreed otherwise, our general terms and conditions announced to the contractual partner apply.
Our contractual partner agrees that if he uses the General Terms and Conditions, our terms and conditions are to be assumed in case of doubt, even if the contractual partner's conditions remain uncontradicted.
In this respect, actions on our part to fulfill the contract do not constitute consent to contractual conditions that deviate from our conditions. If any ambiguities remain in the interpretation of the contract, these must be resolved in such a way that the contents that are usually agreed in comparable cases are deemed to have been agreed.
2. Offer
Our offers are subject to change. The contract is only considered concluded when we send a written order confirmation.
3. Price (purchase price, wages)
Unless otherwise expressly stated, all prices quoted by us include sales tax. In the event of offsetting, the statutory sales tax will be added to these prices.
4. Value protection clause
Stability of value of the claim including additional claims is expressly agreed. The consumer price index [1] published monthly by the Austrian Central Statistical Office or an index that replaces it serves as the measure for calculating the stability of value.
The index number calculated for the month in which the contract was concluded serves as the reference value for this contract. Fluctuations in the index number up or down up to ... % are not taken into account and will only be invoiced in full if this margin is exceeded. This margin must be recalculated each time it is exceeded, up or down, whereby the first index number outside the applicable margin must always form the basis for both redetermining the claim amount and for calculating the new margin. The resulting amounts must be commercially rounded to one decimal place.
If it is a consumer transaction, no price changes will be invoiced during the first two months from the conclusion of the contract - unless these have been expressly negotiated in detail.
5. Terms of payment (due date, partial payment, discount)
Payment is only considered to have been made on time if the amount has been received or credited to our account on the due date.
If the buyer/work orderer does not make even a partial payment within the payment period agreed for a discount, he loses his right to a discount not only with regard to this partial payment, but also with regard to all partial payments that have already been made or that are only to be made later.
6. Late payment interest
Even if the buyer/work orderer defaults on payment through no fault of his own, we are entitled to charge default interest at an annual rate of 10% above the base interest rate; This does not affect claims for compensation for proven higher interest rates.
7. Transport - Assumption of risk
Unless expressly agreed otherwise, our contractual partner bears the costs and risk of transport for deliveries.
The buyer bears the costs of transport. The risk of transport passes to the buyer as soon as the goods are delivered to him or to a third party designated by him and other than the carrier. If the buyer has concluded the transport contract himself without using any of the options offered, the risk is transferred to the carrier or the buyer when the goods are delivered.
8. Retention of title
The goods remain our property until the purchase price and all costs and expenses have been paid in full. A resale is only permitted if we have been informed of this in good time in advance, stating the name or company and the exact business address of the buyer, and if we agree to the sale. If we agree, the purchase price claim is deemed to have been assigned to us and we are authorized to inform the third-party debtor of this assignment at any time. If we have a number of claims, the debtor's payments will primarily be allocated to those of our claims that are no longer secured by retention of title or other means of security.
In the event of default, we are entitled to assert our rights arising from the retention of title. It is agreed that asserting the retention of title does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal from the contract.
9. Place of performance
The place of performance for both our performance and the consideration is Luxe Dealz, Seestrasse 1, 7141 Podersdorf am See, Austria.
10. Non-fulfillment/delay in delivery and performance
In any case, the buyer/work orderer must accept minor delivery deadline delays without being entitled to a claim for damages or a right of withdrawal.
The delivery date is fixed so that if the contractual partner defaults, we can withdraw by simply declaring the contract without setting a further grace period. This declaration must be made within 14 days. We are entitled to claim any damages resulting from the delay.
The delivery date is agreed upon. In the event of default, there is no need for withdrawal; its consequences occur automatically.
10.1. delay of acceptance
If our contractual partner is in default of acceptance, we are entitled to store the goods with us, for which we charge a storage fee of EUR 0 per calendar day commenced.
11. Warranty
Apart from those cases in which the law grants the right to change (termination of the contract), we reserve the right to fulfill the warranty claim by improving, replacing or reducing the price at our discretion.
The transferee must always prove that the defect already existed at the time of handover.
The goods must be inspected immediately after delivery. Any defects discovered must also be reported to the seller immediately, but at the latest within 7 days of delivery, stating the type and extent of the defect.
Hidden defects must be reported immediately after they are discovered. If a complaint about defects is not made or not made in a timely manner, the goods are deemed to have been approved. The assertion of warranty or compensation claims as well as the right to challenge errors due to defects are excluded in these cases.
The statutory warranty provisions apply.
12. Claim for recourse according to § 933b ABGB
The right to recourse according to § 933b ABGB is excluded.
Attention - the following applies to contracts concluded from January 1st, 2022:
An agreement that excludes or limits this right to recourse is only binding if it has been negotiated in detail and, taking into account all the circumstances of the case, does not place the transferor at a gross disadvantage. An agreement in general terms and conditions is no longer possible!
13. Product Liability
Any claims for recourse that contractual partners or third parties make against us under the heading “product liability” within the meaning of PHG are excluded unless the person entitled to recourse proves that the error was caused within our sphere and was at least due to gross negligence.
14. Prohibitions of refusal of performance and prohibitions of retention
Justified complaints do not entitle the holder to withhold the entire invoice amount, but rather only a portion of the invoice amount corresponding to three times the expected costs of replacing the defect.
15. Formal requirements
All agreements, subsequent changes, additions, side agreements, etc. must be in writing to be valid, including the original signature or secure electronic signature.
16. Choice of Law
Austrian substantive law applies to this contract; the applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.
17. Place of Jurisdiction Agreement
The court having jurisdiction at our company's headquarters has local jurisdiction to decide all disputes arising from this contract. However, we also have the right to sue at the contractual partner's general place of jurisdiction.
18. Arbitration Agreement – Arbitration
18.1. Domestic Arbitration
Any dispute or claim arising out of or in connection with this Agreement, including disputes regarding its validity, breach, dissolution or invalidity, shall be settled in accordance with the Arbitration Rules (Vienna Rules) of the International Arbitration Institution of the Austrian Economic Chamber (VIAC) of one or three The final decision is made by the arbitrators appointed according to these rules.
19. International arbitration in the WKÖ
“All disputes or claims arising from or in connection with this contract, including disputes regarding its validity, breach, dissolution or invalidity, shall be settled in accordance with the Arbitration Rules (Vienna Rules) of the International Arbitration Institution of the Austrian Economic Chamber (VIAC) by one or three The final decision will be made by arbitrators appointed in accordance with these Rules.”