General Terms & Conditions
1. Conclusion of contract/Opportunity for amendment
1.1 The customer's order shall constitute an offer. The customer shall be bound by their order until the time of dispatch of goods. This shall not affect the statutory cancellation right (withdrawal right) for private customers or consumers.
1.2 A contract shall only come into being further to acceptance on our part through dispatch of goods. The customer shall be notified of our acceptance by way of transmission of a dispatch confirmation by e-mail.
1.3 Acceptance shall take place subject to the availability of goods, and in particular subject to a correct and timely delivery to ourselves by our suppliers. This shall only apply in the event that non-delivery is not attributable to ourselves. In the event that the goods are not available, we shall inform the customer immediately thereof and immediately refund any consideration of the customer already received. Within the framework of the order process, the risk of an unclarified, defective transmission shall be borne by the customer. Sale of the goods offered by us shall be only in the quantities usual in the relevant trade.
1.4 An order shall only be possible if all obligatory fields have been completed on the order form. If any information is missing, or if, for any other reasons, we are not able to fulfil the order, the customer shall receive an error notification. Prior to final dispatch of the order, the customer shall have the opportunity to amend their order. The customer shall receive supporting detailed information directly during the course of the order process. As soon as the order process has been completed, the customer shall be informed accordingly by way of an information window: "Your order has been completed and has been successfully transmitted to us".
1.5 Our offer is intended exclusively for customers with domicile or habitual residence in the European Union (excluding the UK) and Switzerland.
2. Prices and Payment Terms
2.1 All prices for private customers or consumers when ordering as private customer or consumer are total prices. They include all taxes including value added tax and other levies, but do not include shipping costs or other incidental costs for deliveries to Switzerland. The shipping costs chargeable to the customer as well as other incidental costs for deliveries to Switzerland shall be automatically calculated and explicitly displayed during the course of the order process in our Webshop. All prices for business customers when ordering as business customer with a valid sales tax identification number include 20% VAT for business customer based in Austria, 24% VAT for business customers based in Greece and no VAT for business customers based within the EU except Austria or Greece.
2.2 Information on the payment methods/credit cards which we accept may be found here.
2.4 If no other method of payment has been agreed, the customer undertakes to make full payment of the purchase price upon conclusion of the order procedure/upon conclusion of contract. Delivery of the goods shall only take place following receipt of the said price in our bank account.
2.5 In the case of delivery on account (only for business customers), the purchase price shall be payable within the agreed payment period, without discount, and with all charges to be borne by the payer.
2.6 We shall be entitled in the event of payment default on the part of our contractual partner, even where the latter bears no fault, to charge default interest in the statutory amount, whereby this shall not prejudice any claims to indemnification of documented higher interest charges incurred in the event of payment default due to fault on the part of the customer.
3. Warranty and Liability
3.1 Statutory warranty terms shall apply. The warranty shall be our statutory liability for defects in the goods purchased at the time of delivery to the customer. Defects arising at a later date are strictly not covered by the warranty.
3.2 The time limit for asserting warranty claims shall be two years, whereby, within the first six months from the date of delivery, we must be able to demonstrate that the defect did not yet exist upon delivery; with effect from the seventh month, the customer shall bear the corresponding burden of proof. We shall examine any complaints made by the customer and indemnify any legal claims as required within the statutory framework (Sections 922 et seqq. of the General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB)).
3.3 Claims made on the basis of statutory warranty claims or other complaints may be sent to the following address: ANAEI OG, Dominikanerbastei 10/15a, 1010 Wien, Email: firstname.lastname@example.org.
3.4 If a defect is present which can be remedied in a commercially reasonable manner, we shall owe the customer firstly remedy (repair) thereof or exchange (in the case of generic goods). As a general rule, the customer may choose between exchange or remedy; however, the chosen legal remedy may not be disproportionate (unreasonable) from our perspective (e.g. no exchange if the required repair is only minor). In the event of defects which cannot be remedied or if it is not feasible for us to carry out such remedy or we cannot reasonably be expected to do so, depending on the significance of the defect, the customer may also claim redhibitory action (rescission of the contract, i.e. exchanging goods/services for money) or, in the event of only minor defects, a price reduction.
3.5 Over and above the statutory warranty, we do not provide any guarantees of our own. Where relevant, the more detailed terms of any manufacturer guarantees may be found in relation to the respective goods.
3.6 In relation to business customers, we shall be liable for losses in the event of intent or gross negligence, but not for minor negligence (with the exception of personal injury). Other than with regard to consumers, it shall be a precondition of any claims against us that prompt detailed notification thereof shall be given to us in writing as soon as existence of a claim is identified.
4. Terms and Conditions of Delivery/Retention of Title
4.1 Unless otherwise agreed, the Terms and Conditions of Delivery set out in our Terms and Conditions of Delivery and Payment shall apply.
4.2 We shall retain title to the goods until full payment has been made (retention of title). In the event of resale, retention of title shall also cover the purchase price claim (extended retention of title).
4.3 In the event of payment default on the part of the customer, we shall be entitled to assert our rights in connection with retention of title. It is agreed that assertion of retention of title shall not constitute withdrawal from the contract unless we expressly declare such withdrawal.
5. Dispute Resolution
5.1 Consumers have the opportunity to address complaints to the online dispute resolution platform of the European Union http://ec.europa.eu/odr.
6. Choice of Law and Place of Jurisdiction
6.1 In relation to business customers, relevant Austrian substantive law shall exclusively apply, to the exclusion of the conflict-of-law rules of such law and to the exclusion of UN law on the international sale of goods. In such instance, exclusive place of jurisdiction shall be Vienna.