1. Validity of the condition
The services and offers are exclusively due to these terms and conditions.
These apply also for all future business relations even if they are not again expressly agreed upon. Before conclusion of the contract, the customer has had the opportunity to view the general terms and conditions. The general terms and conditions are agreed with the customer's order.
2. Offer and conclusion of the contract
All offers of the seller are subject to confirmation and without obligation. The contract is concluded when the seller accepts the order by delivering the goods or confirmation of the order in written, electronic or oral form.
You can withdraw from the receipt of the goods, in writing, your contractual Declaration without giving any reason within two weeks, E. g. by letter, fax or E-Mail or by returning the goods. The period begins at the earliest with receipt of the goods and this instruction. The punctual sending off of the revocation or the goods is sufficient to safeguard the withdrawal period. The revocation or the return of the goods should be addressed to
Kovacs & Wagner OG
to protect against injury should be the return of the goods in the original packaging.
4. Consequences of revocation
Are in case of an effective cancellation the mutually received benefits have to be returned and to publish, where appropriate, drawn (E. g. benefits of use) use. You can the received goods us wholly or partly or only in worsened condition back, must you us insofar, where appropriate, compensate. This does not apply if the deterioration of the goods had been used exclusively to their examination, as you in a shop, is due. Indeed, you can avoid the compensation obligation by taking the goods as an owner, the goods in the original packaging and return fully, and stop everything, which impairs their value. If the delivered goods corresponds to your order, but not your personal desires or expectations and the order value of the back sent goods does not exceed an amount of 40,00 €, return takes place at your expense. The same applies if the goods exceeds a value amounting to € 40. 00 and you not have yet paid your agreed consideration or at least a partial payment at the time of revocation.
Otherwise, the statutory provisions apply.
The prices shown in the online shop at the time of the order including applicable VAT apply.
6. Delivery and performance period
6. 1. all delivery and performance dates are non-binding.
6. 2. The seller even with binding agreed periods and dates not to represent has delivery and performance delays due to force majeure and based on events that include the seller which not only temporarily substantially hinder delivery or make it impossible, in particular strike, lockout, official orders etc. , even if they occur at the seller's suppliers or its subcontractors. Legitimate seller, the delivery or Power to extend the duration of the hindrance for a reasonable initial period or to withdraw from the contract completely or partly due to the part not yet fulfilled.
6. 3. If the obstruction lasts longer than three months, the customer is entitled to withdraw from the contract with regard to the part not yet fulfilled after an appropriate period of grace. The delivery time is extended or the seller is released from its obligation, the customer from this may derive no claims for damages. The seller can rely on the mentioned circumstances only if she immediately notified the customers.
7. Rights of the purchaser for defects
7. 1. The period for the assertion of claims of customers is two years from delivery of the products.
7. 2. The customer must inform without delay, in writing the recognizable defects the seller no later than within one week after receipt of the shipment. Defects that are not can be detected even with careful examination within this period, are immediately after discovery in writing notify the seller.
7. 3. In the event of a release of the customer, the products exhibit a defect that requires the seller provide is kept at its discretion and at its own expense, that sent the defective product to him, or at the customer.
7. 4. If the rectification fails after reasonable time, the customer can demand the reduction of the remuneration or withdraw from the contract after his election.
7. 5. A liability for normal wear and tear is excluded.
7. 6. Claims for defects against the seller is entitled to the immediate customers only and are not transferable.
8. Retention of title
The products of the seller remain his property until payment in full.
9. 1. claims for damages against the seller are independent of the type of breach of duty, including tort, excluded, unless there is not intentional or grossly negligent action.
9. 2. In the case of violation of essential contractual obligations, the seller for any negligence is liable only up to the amount of the foreseeable damage. Claims for lost profits, saved expenses, from claims for damages third parties as well as on other indirect and consequential damages may not be required, unless for a quality feature guaranteed by the seller is just intended to hedge customers against loss or damage.
9. 3. The aforesaid limitations of liability and exclusions apply not for claims incurred due to fraudulent behaviour of the seller, as well as a liability for guaranteed characteristics, for claims under the German product liability Act and damages from injury of life, body or health.
9. 4. As far as the liability of the seller is excluded or limited, this also applies to employees, workers, representatives and vicarious agents.
10. Place of jurisdiction
The place of jurisdiction for all legal disputes arising from this contract is St. Pölten.