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General terms and conditions

I. Application

1.

The following general terms and conditions apply to all contracts concluded between the customer and us. The current version of our General Terms and Conditions is valid at the time of the order.

2.

Customers in the sense of the General Terms and Conditions are both consumers and entrepreneurs. • Consumers are (natural or legal) persons who are not entrepreneurs. •Entrepreneurs are (natural or legal) persons or legal partnerships, for which the present contract belongs to the benefit of their enterprise. Enterprises are all long-term organizations of independent economic activity, even if they are not geared to profit.

3.

Differing, conflicting or supplementary general terms and conditions shall not be a contractual component, even if they are known, unless their validity is expressly agreed in written form.

4.

ACCELID GmbH, FN 395465t, Waltendorfer Guertel 13A, A-8010 Graz is the contractual partner of the customer. For further information, see the Legal Notice.

5.

The contracts embrace all agreements made between the customer and us for the execution of the contracts in written form. All non-written agreements shall only become effective upon their written confirmation. Declarations, notifications, etc., which are intended for us - except for defects and withdrawal or revocation declarations - must be legally valid in written form, thus the original signature or the secure electronic signature.


II. Conclusion of contract, electronic billing, cancellation fees


1.

Our quotations are non-committal and non-binding. Technical and other changes are reserved within the scope of the reasonable.

2.

Orders via our online shop are only accepted by fully-qualified customers domiciled in Austria or Germany.

3.

With the order, the customer declares the contract as binding. In the case of goods ordered electronically, we shall immediately confirm receipt of the order. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt constitutes a declaration of acceptance only if we expressly state this.

4.

When placing an order in our Internet shop (not eBay), the following rules apply: The customer makes a binding contract by successfully running the ordering procedure provided in our Internet shop. The order is made in the following steps:
     1. Selection of the desired products
     2. Confirm by clicking the "Add to Cart" button (Shopping Cart icon)
     3. Enter the user data, or log in
     4. Check the details in the shopping cart
     5. Acceptance of the terms and conditions and terms of revocation
     6. Pressing the button "to checkout"
     7. Selection of payment method
     8. Binding order by clicking the "Bank Transfer" button, or the PayPal button

5.

Acceptance of the order usually takes place by means of an order confirmation by e-mail. The scope of the contract content is determined by our written order confirmation. The customer has to check the content of the order confirmation and to notify any deviations to his order without delay. Further orders, additions and side agreements must be made in written form.

6.

We are entitled to accept the contract offer within one week. In the case of goods ordered electronically, we are entitled to accept the order within three working days after receipt by us.

7.

For orders of goods under a value of EUR 60.00, we charge a surcharge of EUR 15.00 in-country (Austria) and EUR 30.00 abroad.

8.

In the case of goods which are immediately available in stock, the buyer has the right to cancel the order no later than five business days before the announced delivery date, or if the customer has not been informed about the delivery date, at the latest on dispatch (§ 909 ABGB, § 353 BGB) from the contract. In the case of goods produced on customer order, the customer has the right to cancel the contract free of charge within 5 business days after ordering. Thereafter, the agreed deposit will be charged as a cancellation fee.

9.

The customer agrees that invoices are to be generated and transmitted electronically.


III. Prices and terms of payment

1.

Our prices are valid ex works including packing, unless stated otherwise in the order confirmation. All prices are valid until recalled. All prices stated by us include all public charges, in particular the statutory value-added tax. Obvious mistakes are reserved. Our sales prices do not include the cost of delivery, assembly or installation. These services are provided by us on request against separate payment.

2.

Assembly and other services are offered at hourly rates of EUR 90.00 (including VAT). Travel and waiting times are considered as working hours.

3.

If a substantial change in wage, material or energy costs occurs, each contracting party shall be entitled to demand an appropriate adjustment of the price taking these factors into account.

4.

Unless otherwise agreed, the customer commits to pay the amount stated in the invoice in full at the time the contract is valid (prepayment). The payment of the order has to be made within 10 business days with indication of your order number. In the case of delayed payment, the delivery date may be postponed. Invoices for services and assembly services are payable immediately without deduction. In the case of products which are produced on customer order, the production starts after receipt of the invoice amount. In the case of partial payments, the contractually agreed products leave the factory only after receipt of the full invoice amount.

The following bank account is to be used for bank transfers:
BIC: STSPAT2GXXX
IBAN: AT592081500006560445
Name: ACCELID GmbH
Intended use: Payment reference on the invoice

 

Cash payments are ruled out.

5.

Late payment interest
• If the customer is a consumer, the default interest is 6% per year. • If the customer is an entrepreneur, interest on arrears is 11% per year above the base rate. In the event of a non-accountable delay, default interest shall be 6% per year. We reserve the right to assert further damages resulting from the delay in payment.

6.

Counterclaims
•Customers who are consumers have the right to set off only in the event of our insolvency or for claims that are legally linked to their own liability, which have been judicially ascertained or acknowledged by us. •Customers who are entrepreneurs have the right to set off only if their counterclaims have been legally established or recognized by us. Furthermore, they are not entitled to withhold payment.

7.

In the case of delayed payment, we can, after written notification to the customer, reserve the fulfilment of our obligations until payment is received.

IV. Reservation of ownership


1.

Deliveries remain the ownership of the supplier until all claims of the supplier against the customer will be fulfilled, also in case the purchase price for specially named claims has been paid.

2.

The customer shall handle the reserved goods carefully and insure them at his own expense against fire, water and theft damages at their replacement value. Maintenance and inspection work which is required shall be carried out by the customer at his own expense. In the case of access by third parties to the reserved goods, in particular in the case of pledging or other enforcement measures, the customer must notify us of our property and notify us immediately in writing so that we can enforce our proprietary rights. In the event of any damage or destruction of the goods, the customer must inform us immediately in writing. A change of ownership of the goods as well as a change of address has to be reported to us immediately. The customer has to compensate us for all damages and costs which result from a breach of these obligations and from necessary intervention measures against access by third parties to the goods.

3.

In case of breach of contract by the customer, in particular in case of default of payment, we are entitled to withdraw from the contract and demand the goods. In the event of a breach of an obligation pursuant to clause 4.2 of this clause, we are also entitled to withdraw from the contract and demand the goods if we can no longer be held liable to the contract.

4.

The customer is permitted to resell the retained goods only in the common course of business and under the condition that he also agrees upon a reservation of property rights with his customers, according to paragraphs 1 to 3. The customer is not authorized to any other disposition over the conditional commodity, in particular pledging or assignment. We accept the assignment. After the assignment, the customer is authorized to collect the claim. We reserve the right to collect the claim ourselves, as soon as the purchaser fails to meet his payment obligations properly and is in default of payment.

5.

In the case of a large number of claims on our part, payments by the customer are first allocated to our claims, which are not secured by reservation of ownership.

6.

In case of resale the customer hereby assigns until fulfilment of all claims of the supplier, all claims arising from resale and all other justified claims in relation to his customers including all secondary rights to the supplier. Upon the supplier's request the customer is obliged to immediately give all information to the supplier and to remit all documents which are necessary for enforcement of the supplier's rights in relation to the customer's customers.

V. Delivery and acceptance delay, change of scope, partial delivery

1.

Delivery dates or deadlines, which have not been expressly agreed as binding, are exclusively non-binding. The customer shall accept minor delays in delivery time, particular on supply difficulties, force majeure or circumstances beyond our sphere of influence, which are objectively justified, without the customer being entitled to a claim for damages or a right of rescission.

2.

Reasonably justified and reasonable changes to our performance or delivery obligations, in particular reasonable delivery periods or short-term payment term delays, shall be deemed to have been approved in advance. In the event of exceeding delivery deadlines, we shall announce the delay as soon as the probable extent of the imminent delivery deadline can be estimated in concrete terms, but no later than one week before the originally agreed delivery date.

3.

We are entitled to partial deliveries and partial services at any time, as far as this is reasonable for the customer.

4.

If the customer is in default of acceptance, we are entitled to demand compensation for the damage incurred and any additional costs. The same applies if the customer culpably violates cooperation obligations. Upon the occurrence of the acceptance or default of the debtor, the risk of accidental deterioration and accidental loss will pass to the customer.

VI. Passing of risk, shipment, packaging

1.


The risk transfers to the customer for carriage paid delivery, as soon as the shipment has left the supplier's works. In case of delays of shipment caused by the customer the risk already passes to the customer upon notification of readiness for shipment.

2.

When requested in writing by the customer the goods will be insured at cost to the customer against breakage, damage to goods in transit and damage caused by fire.

3.

We are endeavoured to take account of the wishes and interests of the purchaser with regard to the method of dispatch and dispatch route. Any additional costs resulting therefrom - even with agreed delivery of freight - shall be paid by the Customer.

4.

If the shipment is delayed on demand or due to the fault of the customer, we store the goods at the cost and risk of the customer. In this case the notification of the readiness for shipment is the same as the dispatch.

VIII. Warranty and Liability for defects

1.

Rectification
•Customers who are consumers have the choice as to whether the supplementary performance should be carried out by means of rework or replacement delivery. We are entitled to refuse the type of the selected supplementary performance if this is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the customer.
• In the case of customers who are entrepreneurs, we shall initially provide for defects of the goods, at our option, by means of rework or replacement delivery.

2.

If the supplementary performance fails, the customer can, as a matter of principle, demand a reduction of the compensation (reduction) or cancellation (rescission) and damages. In case of minor defects, the customer is not entitled to withdraw from the contract. If the customer chooses compensation, the liability limitations set out below shall apply.

3.

Customers who are entrepreneurs must immediately examine the delivered goods for quality and quantity deviations and to notify us in writing of any apparent defects within a period of one week from receipt of the goods. Otherwise the assertion of warranty claims is excluded. Concealed defects shall be notified to us in writing by the customer one week after discovery. Deadline is the sent notification date. The customer bears the full burden of proof for all claims, in particular for the defect itself, for the time of the discovery of the defect and for the punctuality of the complaint.

4.

In the case of complaints, the purchase date must be shown with an invoice. The complained article with complete accessories, together with a precise error description, must be sent together with a copy of the delivery note or the invoice in the original packaging with suitable outer packaging, sufficiently franked. he warranty does not cover normal wear or tear. The warranty expires if the customer changes the delivered goods. In the case of defects which the customer is responsible for improper handling, the customer undertakes to pay all arising costs for subsequent improvement and transport.

5.

In the case of claims for damages, the Seller reserves the right to be able to provide for the improvement or elimination of defects even before third parties are consulted.

6.

Warranty period
• The warranty period for customers who are consumers is two years from delivery of the goods and / or services.
• The warranty period for customers who are entrepreneurs is one year from the date of delivery of the goods or after delivery of the service.

7.

We are only liable for damages caused by intentional or grossly negligent breach of duty as well as for damages resulting from minor negligent violations of essential contractual obligations. In the latter case, the liability is limited to the damage typically foreseeable upon conclusion of the contract. In the case of slightly negligent breaches of duty of non-contractual obligations, which do not endanger the execution of the contract, we are not liable as well as our fulfilment aids. The liability limitation for slight negligence does not apply to customers who are consumers. The foregoing limitations of liability do not affect either the customer's claims for product liability or any body or health damage or killing of humans attributable to us.

8.

Any claims for recourse (§933b ABGB, §478 BGB) are excluded, unless the person entitled to recourse proves that the fault has been caused in our responsibility and is at least grossly negligently indebted.

IX. Commercial use

1.

Monetary use of all Accelid products is only allowed with a commercial use license specifically for the serial numbers of the mentioned products. This includes rentals in any form or pay-per-ride applications.


X. Nondisclosure, intellectual property rights

1.

The customer undertakes to keep silent about the knowledge which has been obtained from the business relationship.

2.

We reserve all rights of ownership and copyrights for all illustrations, calculations, drawings and other documents such as brochures, catalogues, samples, presentations and the like. Any use, dissemination, reproduction, publication, making available, or even excerpts, requires our express written consent. All documents mentioned above can be reclaimed at any time by us and are to be returned to us without delay immediately if the contract is not concluded.


XI. Place of performance and place of jurisdiction

1.

Place of performance is the place of the supplier's works (A-8010 Graz, Waltendorfer Guertel 13A, Austria).
• If the customer is a consumer, the payments to us are made timely if the transfer order is issued no later than the due date.
• Payments by customers who are entrepreneurs are made timely if they are credited to our account on the due date. The date of receipt is decisive.

2.

. The place of jurisdiction is, at the discretion of the supplier, the location of the supplier factory or the registered office or headquarters of the customer.
•If the customer is a consumer, this place of jurisdiction shall only be deemed to have been agreed if the customer has his place of residence, habitual residence or place of employment in this court regulation, or if the customer resides abroad. We have the right to sue also at the general jurisdiction of the contracting party.

3.

The only law that shall apply to the contractual relationships shall be the law of the Republic of Austria, under exclusion of the law of conflicts and the UN Convention on Contracts of the International Sale of Goods (CISG, UN agreement on purchasing rights).
•In the case of customers who are consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the customer is habitually resident is not withdrawn.


XII. Final provisions

1.

Should individual provisions of the contract with the customer including these general terms and conditions be wholly or partly ineffective or lose their legal effectiveness later, the validity of the contract is not thereby affected.
• If the customer is a consumer, the statutory provisions replace the wholly or partly invalid regulations.
• If the customer is an entrepreneur, the wholly or partly ineffective regulations are replaced by regulations whose economic success is as close as possible to the ineffective. The same shall apply in so far as the contract shows a gap which is not foreseen by the parties.

2.

Liability for possible sentence or printing errors or deficiencies is excluded.

3.

The headings of the provisions contained in these Conditions of Sale are for the sake of clarity and may not be used for their interpretation.




ACCELID GmbH A-8010 Graz, Waltendorfer Gürtel 13A Mobil:+43/699/19266783 Email: office@accelid.at UID: ATU67892355 www.accelid.com

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Please contact us for further information:

office@accelid.com