Terms and Conditions Woazboard OG 2020/21

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1. scope

   1. These general terms and conditions (hereinafter referred to as "GTC") of Woazboard OG (hereinafter referred to as us/we) in the version valid at the time of the order apply to all contractual agreements between us and commercial customers (entrepreneurs) or private customers customers (consumers). These General Terms and Conditions apply to the entire future business relationship with the customer or supplier and replace any other earlier General Terms and Conditions.

   2. By placing an order or by confirming an offer made by us, the customer agrees to these General Terms and Conditions. These terms and conditions apply to all future transactions, even without another express agreement.

   3. Changes and additions to the terms and conditions as well as verbal agreements that deviate from the content of these terms and conditions only become effective with our written confirmation. We expressly object to any general terms and conditions of business or purchase of the customer. General terms and conditions submitted by the customer that deviate from these GTC are not valid unless their validity has been expressly agreed in writing.

   4. The terms and conditions are available as a printable PDF on our website at www.woazboard.com.

2. Applicable law, place of jurisdiction and place of performance

   1. These GTC and the contracts to be concluded with the inclusion of these GTC are subject to Austrian substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention), unless mandatory provisions of the law in the country in which the customer - the consumer is – has his abode, proceed.

   2. If the legal transaction is concluded with an entrepreneurial customer, the parties agree on the exclusive jurisdiction of the competent court in Leibnitz. The statutory place of jurisdiction applies to consumers.

   3. The place of performance is the registered office of our company in 8424 Gaberdorf.

3. conclusion of contract

   1. All of our offers are invitations to the customer to make an offer. Our offers are non-binding. The customer's order represents a binding offer to conclude a contract, to which the customer is bound for eight days. The contract is only concluded with our written order confirmation or the actual performance of the service by us.

   2. Information in catalogues, price lists, brochures, advertisements on exhibition stands, circulars, advertising mailings or other media (information material) about the goods or services we offer that cannot be attributed to us is non-binding, unless this has been expressly declared in writing to be part of the contract.

   3. Cost estimates are made without guarantee and are subject to payment. Consumers are informed of the cost obligation before the cost estimate is prepared.

4. Protection of plans/ confidentiality

   1. Plans, sketches, cost estimates and other documents provided by us or created through our contribution remain our intellectual property. All offer and project documents may not be duplicated or made accessible to third parties without our consent. They can be reclaimed at any time and must be returned to us immediately if the order is placed elsewhere. 

   2. The use of such documents outside of the intended use, in particular the passing on. Duplication. Publication and making available, including copying only in part, requires our express consent.

   3. Furthermore, the customer undertakes to maintain secrecy in relation to third parties regarding the knowledge gained from the business relationship.

   4. If we handed over items to the customer in the context of contract initiation, conclusion and processing, which were not owed in the context of the performance, these must be returned to us within 14 days. If the customer does not comply with a request to this effect in a timely manner, we may demand lump-sum compensation of 30% of the order volume from the customer without proof of the actual damage. In the case of an entrepreneur, the obligation to pay compensation is independent of fault.

5. Prices, shipping costs, due date and delay

   1. The prices specified by us at the end of the ordering process are final prices including statutory VAT for customers who are to be regarded as consumers. Packaging, transport, loading and shipping costs are not included in the final price.

   2. In the case of corporate customers, the product prices given (also in cost estimates) are net prices exclusive of sales tax or value-added tax. Any packaging, transport, loading and shipping costs are not included in these prices. The packaging, transport, loading and shipping costs will be charged at cost.

   3. Errors and misprints are reserved.

   4. Unless a discount has been expressly agreed, the customer is not entitled to deduct the discount.

   5. The purchase price is due immediately with the order without deduction by the customer. We are entitled to issue partial invoices at any time, which are due immediately. Payment must be made within 14 days of the order and is only on time if the amount is received on the due date or credited to our account. 

   6. In the event of a delay in payment, interest on arrears will be charged at the statutory rate from the due date of the claim. Furthermore, in the event of default in payment by corporate customers, compensation for reminders by Woazboard OG will be charged at a flat rate of €40.00. Any further (legal) claims for any legal or judicial collection remain unaffected. If the customer is an entrepreneur, any complaints about the goods do not entitle us to withhold the purchase price to which we are entitled. It is not permitted to set off our own claims against our claims unless the claim is undisputed or has not been legally established or is not related to the customer's liabilities. If the payment period is exceeded, any remuneration granted (discounts, deductions, etc.) will be forfeited and added to the invoice.

   7. Justified complaints from consumers do not entitle the holder to withhold the entire invoice amount, but only a reasonable part. 

6. Delivery/Service Provision

   1. If the purchase is made without the use of telephone means of communication, the customer is entitled to take the goods with him immediately when purchasing the goods or goods (hereinafter referred to as goods) - provided that the entire fee has been paid and the goods are in stock. In the case of self-collection, we will inform the customer by e-mail that the goods he has ordered are ready for collection. If the customer does not want the goods to be taken away or picked up, he can decide to have the goods shipped to an address he has provided. The shipping costs are to be borne by the customer. We deliver worldwide. The customer bears the costs for credit institutions, taxes and duties as well as all costs in connection with the shipping. 

   2. If the goods are not in stock, we will inform the customer of the expected delivery date. However, dates and delivery dates are non-binding and only apply as a guide, unless they are expressly declared to be binding in writing. Circumstances based on force majeure, strikes or unforeseeable delays on the part of our suppliers and manufacturers for which we are not responsible, or other comparable results that are not within our sphere of influence, are excluded from these periods.

   3. The delivery address specified by the customer is decisive for the delivery. If delivery to the customer is not possible because the customer does not accept the ordered goods or has not given the delivery address correctly, the customer bears the costs for the unsuccessful delivery. In addition, we are entitled to demand fulfillment of the contract or damages of 30% of the purchase price; regardless of the assertion of further damages. We are also entitled to demand monthly storage costs amounting to 3% of the purchase price if the customer does not take over or accept the ordered goods at the agreed handover or acceptance time. However, for customers who are to be regarded as consumers, these regulations only apply if they have been negotiated in individual cases.

   4. Insofar as the customer is an entrepreneur, he undertakes to notify us, the forwarding agent, the post office or other carriers of transport damage in writing immediately after recognizing it.

   5. We reserve the right to send multi-item orders either separately or together at our discretion, especially if the quantities ordered are not available at once.

   6. The delivery date is fixed. In any case, the buyer must accept minor exceeding of the delivery period without being entitled to a claim for damages or a right of withdrawal. 

   7. Delivery and completion dates are only binding for business customers if compliance with them has been promised in writing. 

   8. Deadlines and deadlines are postponed in the event of force majeure, strikes, unforeseeable delays on the part of our suppliers for which we are not responsible, or other comparable events that are beyond our control, during the period during which the event in question lasts. This does not affect the customer's right to withdraw from the contract in the event of delays that make it unreasonable to be bound by the contract. 

7. transfer of risk

   1. If the customer is a consumer, the general statutory provisions on the transfer of risk apply.

   2. In the case of deliveries to corporate customers, the risk of accidental loss and accidental deterioration of the goods passes to the customer as soon as we have the goods ready for collection, deliver them ourselves or hand them over to a carrier.

8. retention of title

   1. The delivered/sold goods remain our property until all claims arising from the contract, including interest, unjustified discounts retained by the customer or deductions not recognized by us, costs incurred and the like, for whatever legal reason, have been paid._cc781905-5cde -3194-bb3b-136bad5cf58d_

   2. As long as there is a retention of title and not all claims have been settled in full, the customer undertakes to treat the goods with care and to comply with the ordinary duty of care. Pledges or assignments as security prior to full payment are excluded. If the goods are pledged or confiscated or accessed in any other way by third parties, the customer must point out our ownership, inform us immediately and send us all information and documents required to enforce the right of ownership.

   3. Resale is only permitted if we are informed of this in good time in advance, stating the name and address of the buyer, and if we agree to the sale. If we agree, the purchase price claim is already assigned to us and we are authorized at any time to inform the third-party debtor of this assignment. 

   4. If the customer is in default of payment, we are entitled to demand the return of the reserved goods after setting a reasonable grace period. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract unless we expressly declare our withdrawal from the contract. We may only exercise this right vis-à-vis consumers as customers if at least one outstanding payment by the consumer has been due for at least six weeks and we have unsuccessfully issued a reminder, threatening this legal consequence and setting a grace period of at least two weeks.

9. warranty

   1. If the customer is a consumer, the general statutory provisions of warranty law apply. Warranty means our statutory liability for defects that the goods have at the time they are handed over to the customer or the service at the time the service is rendered. Defects that only appear at a later point in time are generally not covered by the warranty. Warranty claims must be asserted within a period of two years from handover, whereby we have to prove within the first six months from handover that the defect did not exist at the time of handover. In the case of used movable property, the period for asserting warranty claims can be reduced to one year if this has been agreed with the customer in an individual contract. In the event of a warranty claim, we are entitled to make improvements or to replace them. Only if the improvement or exchange is impossible or would involve a disproportionately high effort for us or we cannot meet the exchange or improvement request or not within a reasonable period of time is the customer entitled to a price reduction or conversion (complete cancellation of the contract). to desire.

   2. If the customer is an entrepreneur, the customer must check the goods immediately after receipt and the service immediately after (partial) provision of the service for completeness and compliance with the order. Obvious defects must be reported immediately upon receipt, defects that can be identified by proper inspection within 8 days of receipt, other defects within one week of their discovery in writing and with a detailed description of the defect. If the complaint is not made, acceptance is deemed to have taken place and any warranty is excluded. In the case of a proper complaint, the provisions of the warranty law come into effect. A warranty period of six months is agreed between corporate customers and us. The entrepreneurial customer must always prove that the defect already existed at the time of handover. The entrepreneurial customer must allow us at least two attempts to rectify the defect. If the improvement or exchange is impossible or would involve a disproportionately high effort for us or we cannot meet the exchange or improvement request or not within a reasonable period of time, we are entitled to reduce the price or change the contract (complete cancellation of the contract).  

10. Manufacturer guarantee 

    1. If a manufacturer has given a voluntary promise that the goods will function properly for a certain period of time (manufacturer's guarantee), the relevant manufacturer's guarantees apply. The conditions and limitations of the respective manufacturer's guarantees can be found in the respective guarantee regulations.

11. Liability

    1. If the customer is a consumer, the general statutory liability provisions apply. Liability for slight negligence is excluded unless personal injury is involved.

    2. If the customer is an entrepreneur, we are not liable for a specific success and in any case only for grossly school-like breaches of duty and at most up to the market value of the goods purchased by the customer. Liability for slight negligence is excluded. In addition, we are only liable for typical and foreseeable damage, ie for damage that could reasonably be expected to occur at the time the contract was concluded based on the circumstances known at the time. Claims from consequential damage (from defects) and from damage for which the customer can obtain insurance cover or which can be controlled by the customer, from other indirect damage and losses or lost profits and generally from financial losses, in particular from defective, non-existent or delayed service provision, are express locked out. The claims for damages to which the entrepreneurial customer is entitled under the above provisions expire six months after becoming aware of the damage and the damaging party. Compensation for damages under the Product Liability Act (PHG) is based on the statutory statute of limitations. Liability for recourse within the meaning of § 12 PHG is excluded unless the person entitled to recourse proves that the error was caused in our sphere and was at least the result of gross negligence.

    3. Liability for damage based on circumstances caused by force majeure, strikes or unforeseeable delays by our suppliers or manufacturers for which we are not responsible, or other comparable results that are not within our sphere of influence, is excluded towards corporate customers.

12. safety notice

    1. The goods supplied by us are to be handled and operated in accordance with the operating instructions; any handling or operation of the delivered goods contrary to the operating instructions is solely the customer's own area of responsibility.

13. change of address

    1. The customer must notify us of any changes to his residential or business address immediately, as long as the contract has not been completely fulfilled by both parties. If the notification is omitted, declarations are also deemed to have been received if they are sent to the last address given to us.

14. Right of withdrawal

Customers who are to be regarded as consumers can withdraw from a distance contract or an off-premises contract within 14 days without giving a reason. The cancellation period is fourteen days from the day on which the customer or a third party named by him who is not the carrier took possession of the goods. In order to exercise the right of cancellation, the customer must inform us of his decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or email). In order to meet the cancellation deadline, it is sufficient for the communication regarding the exercise of the right of cancellation to be demonstrably sent before the cancellation period expired. In the event of a legally effective contract cancellation, all payments that we have received from the customer, including the delivery costs (with the exception of the additional costs resulting from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by us), will be paid immediately and repaid at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that the customer used for the original transaction. Under no circumstances will the customer be charged a separate fee for this repayment. We can refuse the repayment until we have received the goods back or the customer has provided proof that the goods have been returned to be returned or handed over. The deadline is met if the goods were demonstrably sent before the period of fourteen days expired. The direct costs of returning the goods are borne by the customer. The customer only has to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary for checking the nature, properties and functioning of the goods.

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Exceptions to the right of withdrawal:

The right of withdrawal does not apply to orders for the following goods:

• Goods made by us to customer specifications or clearly tailored to personal needs;

• Goods which, due to their nature, were inseparably mixed with other goods after delivery;

For the rest, we expressly refer to the provisions of the Federal Act on Distance Selling and Contracts Concluded Off Business Premises (FAGG). The text of the law can be accessed on the Internet at www.ris.bka .gv.at.

 

15. Privacy.

1. The customers agree that the following personal data, namely name/company, date of birth/company registration number, e-mail address, delivery and billing address as well as account or credit card data for the purpose of fulfilling the contract and processing the order as well as for our own advertising purposes (except account - or credit card data), e.g. the sending of advertising mailings, newsletters, product information or other company-related information are automatically determined, processed and stored.

2. We protect and respect this personal information and its security. However, we cannot guarantee the security of information and payments transmitted online. To the extent permitted by law, we are not liable for damage resulting from the use of electronic means of transmission, in particular for damage due to errors or delays in the delivery of messages or manipulation by third parties or software or the transmission of viruses.

3. Customers agree to receive messages from Woazboard OG about their products, current offers and other company-related information by means of advertising emails, postal mailings and newsletters.

4. The customer can revoke his consent to receive such emails at any time by notifying us accordingly. 

16. Form Requirement

All agreements, subsequent changes, additions, ancillary agreements, etc. must be in writing to be valid, including the original signature or a secure electronic signature. Deviations from this agreement must also be made in writing. 

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17. Severability Clause

Insofar as the customer is an entrepreneur, the nullity of one provision of these General Terms and Conditions will leave all other provisions intact. The void provision is to be replaced by an economically equivalent or similar but permissible provision.