General Terms & Conditions of business and customer information

CONTENT

  1. Scope
  2. Conclusion of contract
  3. Right of Rescission
  4. Prices and terms of payment
  5. Terms of delivery
  6. Retention of title
  7. Warranty
  8. Liability
  9. Applicable law and venue
  10. Alternative dispute settlement

1. SCOPE

1.1 The following General Terms & Conditions of business (hereafter called ‘GT&C’) of

nachfolger GmbH
Boecklinstrasse 59/2
1020 Wien
Tel: +43 1 890 29 47
E-Mail: info@nachfolger.com

(hereafter called ‘Seller’) apply to all contracts for delivery, which the consumer or entrepreneur (hereafter called ‘Customer’) enters into, with regards to goods or services presented in the Sellers online-shop. These General Terms & Conditions of business apply exclusively in its applicable version at the time of the purchase order. A Customer’s own terms and conditions are rejected, unless agreed otherwise.

1.2 A consumer for the purposes of these GT&C is any physical person who concludes a contract for a purpose that is predominantly neither commercial nor can it be attributed to the person’s independent professional occupation. An entrepreneur for the purposes of these GT&C is any physical person or legal entity or company with legal personality, which carries out commercial or independent professional activities on entering into a legal transaction.

2. CONCLUSIO OF CONTRACT

2.1 The product descriptions detailed in the Seller’s online-shop do not constitute binding offers, but merely serve as the basis for a legally binding offer by the Customer.

2.2 The Customer can submit the offer by using the online order form integrated in the Seller’s online-shop. Once the customer has selected the products or services and placed these in the shopping cart, and upon completion of the electronic online-order process, the customer then issues a legally binding offer with regard to the content of the shopping cart, by means of clicking the button “Complete order”. The Customer may equally place the offer to the Seller via telephone or e-mail.

2.3 The Seller may accept the Customer’s offer within a five days period, by

  • Sending the Customer, a written confirmation of the order in text form via Fax or e-mail, whereby its receipt by the Customer is decisive, or
  • Delivering the ordered goods to the Customer, whereby the receipt by the Customer is decisive, or
  • By requesting the Customer to pay once the order has been placed.

In the event that several of the above-mentioned alternatives apply, the contract takes effect upon one of these alternatives occurring first. The period to accept the offer begins with the day following the Customer’s offer and ends with the fifth day following the despatch of the offer. In the event of the Seller not accepting the offer within the above specified time limit, the Customer shall no longer be bound to the declaration of intent aimed at the conclusion of a contract.

In the event that the Customer choses a payment method, by which he issues the instruction to the payment service provider to transfer the due amount onto the account of the Seller, whereby the Seller can instantly dispose of this amount (i.e. instant transfer via wirecard), the Seller declares in derogation to article 2.3 to accept the offer at the time that the Customer initiates the payment by clicking the order-completion button.

2.4 At the time the Customer submits the binding offer via the online order form, the applicable GT&Cs are saved and will be provided to the Customer in text form (i.e. via e-mail, Fax, or letter). Once the Customer has despatched the order, however, the applicable GT&C text can no longer be accessed via the Seller’s website.

2.5 At the time the Customer submits the binding offer via the online order form, the applicable GT&Cs are saved and will be provided to the Customer in text form (i.e. via e-mail, Fax, or letter). Once the Customer has despatched the order, however, the applicable GT&C text cannot any longer be accessed via the Seller’s website.

2.6 Before submitting a binding offer the Customer will be able to identify possible input errors by carefully reading the information provided on the screen. The Customer may change his entries by using the common keyboard and mouse functionalities during the electronic ordering process until he clicks the button finalizing the order.

2.7 German is the exclusive language available for the conclusion of the contract.

2.8 Normally the order processing and establishment of contact take place by e-mail and automated order processing processes. The Customer must ensure that the e-mail address he provides is correct, so as to be able to receive e-mails from the Seller. The Customer must ensure, notably when using Spam-filters, that all e-mails sent by the Seller or by third parties charged by the Seller with the order processing can be received.

3. RIGHT OF RESCISSION

3.1 Customers are generally entitled to the right of rescission.

3.2 Further details on the right of withdrawal (rescission) are laid out in the Seller’s withdrawal instructions.

3.3 The right of rescission does not apply to Customers who at the time of the purchase do not belong to a European Member State and whose only abode and delivery address at the time of concluding the contract is outside the European Union, unless the legislation of the country in which the Costumer customarily resides provides for a right of rescission.

4. PRICES AND  TERMS OF PAYMENT

4.1 All prices stated are total prices unless mentioned otherwise in the Seller’s product descriptions. Additional charges for transport and delivery are shown separately in the relevant product descriptions.

4.2 When delivering outside the European Union additional charges may apply on a case-by-case basis, which are the Customer’s responsibility and which the Seller does not bear. Those may be costs charged by financial institutes for transferring money (transfer charges, currency exchange rates) or customs and import duties and/or taxes. Such charges may also apply if the delivery takes place within the European Union, the Customer however, makes his payment in a country outside of the European Union.

4.3 The Seller’s online-shop provides Customers with information concerning payment options.

4.4 In case prepayment is agreed upon, such payment shall be due immediately after the conclusion of contract, unless a later date of payment has been agreed to by both parties.

4.5 Where the payment option ‘purchase on account’ is chosen, the payable amount is due after the merchandise has been delivered and invoiced. Unless anything to the contrary has been agreed, the purchase price shall be due without any deductions within 7 (seven) days after the invoice has been received. The Seller reserves the right to limit the payment option ‘purchase on account’ to a certain volume of order or to certain Customers and to decline this payment option altogether.

5. TERMS OF DELIVERY

5.1 Unless stated otherwise, goods will be delivered to the address specified by the Customer. When ordering online, the Customer will be informed about the precise delivery time in the shopping basket.

5.2 In the event of the Customer being an entrepreneur, the risk of accidental loss and/or of deterioration of the delivery item shall pass to the Customer as soon as the Seller has handed over the goods to the forwarding agent, carrier or other person designated to execute the dispatch. If the Customer is a consumer, the risk of accidental loss and/or of deterioration of the delivery item is passed on to the Customer or the person authorised to accept delivery upon delivery. The risk of accidental loss and/or of deterioration shall also pass to the Customer upon delivery of the goods to the carrier if Customers being consumers concluded the contract of carriage themselves without selecting one of the Seller’s proposed choices.

5.3 If besides owing the delivery of goods, the Seller owes the Customer a specific processing of goods according to the latter’s specifications, the Customer must provide the Seller with all necessary content such as pictures, videos in the file formats, layouts, picture- and video sizes specified by the Seller which must include all related usage rights.

6. RETENTION OF TITLE

6.1 The ownership of goods shall remain with the Seller until payment has been received in full.

6.2 For contracts with entrepreneurs, the Seller shall retain ownership of the goods until all claims from the ongoing business relationship have been paid in full.

6.3 A Customer acting as entrepreneur is entitled to the resale of the goods within his regular business operation. That Customer cedes all claims against third parties, to the extent of the invoice value (including VAT) to the Seller in advance. This assignment shall apply irrespective of whether the conditional goods were sold without or after processing /compounding. The Customer shall remain entitled to collect the receivables even after this assignment. The Seller’s entitlement to collect the claims himself, shall remain unaffected. The Seller shall not however, collect the receivables so long as the Customer meets his payment obligations, does not fall into arrears, and no request for insolvency proceedings have been filed.

7. WARRANTY

In the event of deficient goods or services the statutory claims shall be applicable. By derogation the following shall apply:

7.1 For entrepreneurs

  • In the event of insignificant defects, the Seller can exercise choice of how to remedy the defect.
  • Claims and rights on account of defects in quality of second-hand commodities shall be generally precluded.
  • The period of limitation does not begin to run anew, if within the scope of warranty, a replacement delivery was made.

7.2 The limitations and/or exemptions of liability laid down above shall not apply

  • To damages arising from injury to life, body and health or damages due to an intentional or negligent breach of duty on the part of the Seller or an intentional or negligent breach of a legal representative or agent of the Seller.
  • In the event that the Seller fraudulently concealed the deficiency.

7.3 Furthermore, the statutory provisions (§377, UGB) oblige entrepreneurs to give timely notice of defects to the Seller, otherwise the entrepreneur may no longer assert any warranty claims or claims for damages for defects on account either of the defect itself or any misapprehension as to whether the object was free of defects.

8. LIABILITY

The Seller shall be liable to reimburse damages and expenses to the Customer for any violations of contractual, quasi-contractual, tortious and statutory obligations.

8.1 The Seller is liable to compensate for damages, as required by law,

  • Due to fraudulent intent or gross negligence,
  • In case of violation of the life, the body or the health.

8.2 Any further liability of the Seller is excluded.

8.3 The above liabilities include the liability for the Seller’s agents and legal representatives.

9. APPLICABLE LAW AND VENUE

9.1 All legal relations between the Seller and the Customer shall be governed exclusively by the law of the Republic of Austria with the exclusion of the UN-convention on Contracts for the international Sale of Goods (UNCITRAL). For consumers this choice of law only applies insofar, as the protection that is provided by compulsory regulations under the law of the state in which the consumer has his habitual abode is not taken away.

9.2 In addition, the choice of law regarding the right to rescission does not apply to consumers, who at the time of concluding the contract are not citizens of the European Union and whose habitual abode at the time of concluding the contract lies outside the European Union. This applies insofar as the law of the country in which the consumer has his habitual abode does not provide a right of rescission.

9.3 In the event, that the Customer is an entrepreneur as per article 1.2 the place of jurisdiction between the Customer and the Seller shall be the place of the Seller’s registered office.
For Customers being consumers, it is agreed: That the place of jurisdiction and legal actions on behalf of the Seller against the consumer, as well as of the consumer against the Seller will be the place of habitual abode of the consumer, if the consumer habitually resides within the European Union, but not in Austria. If the consumer has his habitual abode in Austria, effective court actions against him can only be brought before a court of justice in the jurisdiction of the consumer’s habitual abode; the Seller on the other hand can only be brought to court at the Seller’s place of registered office.

10. ALTERNATIVE DISPUTE SETTLEMENT

The EU-Commission provides the following internet-link to an online-dispute-settlement-platform: http://ec.europa.eu/consumers/odr. This platform serves as an extrajudicial service where consumers can raise any complaints they may have which involve a consumer.

These terms and conditions were last changed on  June 28th, 2018.