1 Scope of application & defensive clause
(1) The following general terms and conditions of business in the respective version at the time of the order shall apply exclusively to the legal relationships established between this shop operator (hereinafter referred to as "supplier") and his customers via this internet shop.
(2) Deviating general terms and conditions of the customer are rejected.
2 Condition of the contract
(1) The presentation of the goods in the Internet shop does not constitute a binding offer by the supplier to conclude a purchase contract. The customer is hereby only prompted to make an offer by means of an order.
(2) By submitting the order in the Internet shop, the customer issues a binding offer on the conclusion of a purchase agreement on the goods contained in the shopping basket. By sending the order the customer also recognizes these terms and conditions as decisive for the legal relationship with the supplier alone.
(3) The supplier confirms receipt of the order of the customer by sending a confirmation e-mail. This confirmation of order is not yet the acceptance of the contract offer by the supplier. It merely serves to inform the customer that the order has been received by the supplier. The acceptance of the contract offer is made by the delivery of the goods or an explicit declaration of acceptance.
3 Terms of delivery and reservation of title
The delivery is carried out by a company commissioned by the supplier. The date of delivery shall be determined upon condition of the purchase contract. In the case of delays due to higher circumstances, the supplier reserves the right to name the customer a new delivery date without affecting the business. The delivered goods remain the property of the offerer up to the complete payment.
4 Terms of payment and due date
The payment of the purchase price is due in full amount with conclusion of contract.
(1) The warranty rights of the customer shall be governed by the general statutory provisions, unless otherwise specified below. The provision in § 6 of these General Terms and Conditions applies to claims for damages of the customer against the supplier.
(2) The limitation period for warranty claims of the customer is 2 years for consumers of newly manufactured items. The limitation period for newly manufactured items and for used items is 1 year. The abovementioned shortening of the limitation periods does not apply to damages claims of the customer due to injury to life, body, health as well as to claims for damages due to a violation of essential contractual obligations. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the supplier has to hand over the goods to the customer free of material and legal deficiencies and to procure the property to it. The abovementioned shortening of the limitation periods shall also not apply to claims for compensation which are based on an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents. The right of recourse under § 933b of the Austrian Civil Code (ABGB) is also applicable to entrepreneurs, except for the reduction of the statute of limitations.
(3) A guarantee is not declared by the supplier. Except for this rule are things which are expressly advertised with guarantee.
6 Disclaimer of liability
(1) Claims for damages by the customer are excluded, unless otherwise specified below. The foregoing exclusion of liability shall also apply to the legal representatives and vicarious agents of the supplier, provided that the customer asserts claims against them.
(2) Exclusion of liability for damage caused by a breach of life, body, health and claims for damages resulting from the infringement of essential contractual obligations shall be excluded from the exclusion of liability specified in clause 1. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract, e.g. the supplier has to hand over the goods to the customer free of material and legal deficiencies and to procure the property to it. Liability for damage caused by an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents is excluded from the exclusion of liability.
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
7 Prohibition of assignment and pledge
The assignment or pledge of claims or rights against the supplier to the supplier is excluded without the consent of the supplier, provided the customer does not prove a justified interest in the assignment or pledge.
A right of set-off of the customer exists only if his claim for set-off is legally established or is undisputed.
9 Choice of law & jurisdiction
(1) The contractual relations between the supplier and the customer shall be governed by the law of the Federal Republic of Austria. Exceptions to this choice are the mandatory consumer protection regulations of the country in which the customer is habitually resident. The application of the UN purchase law is excluded.
(2) Jurisdiction for all disputes arising from the contractual relationship between the customer and the supplier is the place of business of the supplier, if the customer is a merchant, a legal person of public law or a public-law special fund.
10 Right of revocation / withdrawal
You have the right to revoke this contract within a period of fourteen days without giving reasons.
The period of revocation shall be fourteen days from the date in the case of a purchase contract: "on which you or a third party you designate who is not the carrier has or has possessed the goods.
In order to exercise your right of revocation, you must notify us by means of a clear declaration (eg, a license agreement with the USSR, Mail, fax or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we use the same means of payment you used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged for these repayment fees.
We can refuse the repayment until we have recovered the goods or until you have proved that you have returned the goods, whichever is earlier.
You must return the goods to us or to SciTronix GmbH, Ringstraße, A-6923 Lauterach immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected when you send the goods before the end of the period of 14 days. The customer bears the direct costs of returning the goods. They shall only be liable for any loss of value of the goods if this loss of value is attributable to the handling of the goods which is not necessary for the purpose of checking the quality, characteristics and functioning of the goods.
Model withdrawal form
A sample revocation form is available at https://shop.scitronix.com/pages/refund-policy.
11 Severability clause
Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.