1. Scope::
1.1. The following terms and conditions ("Terms and Conditions") apply to all business between the provider of WebShops ADEOS.AT, the Reichmann SPS-Service GmbH (PLC Service) with a final consumer or a business (B2B) (short customer) that using the order module of ADEOS online shops (accessible at: www.adeos.at) were closed.It is respectively at the time of sending the order by the consumer valid version shall prevail.
1.2. "Consumer" within the meaning of these terms is any person for whom the closed transaction with SPS-Service is not part of their operation or that company, in which she is employed part. "Company" is to be understood in the sense of the Consumer Protection Act 2 § 1.
1.3. Of these conditions deviating regulations are only valid if they are confirmed in writing by SPS-Service. This also applies to a waiver of this requirement of written confirmation by SPS-Service.
2. Subject matter:
2.1.SPS-Service delivers the goods ordered by the consumer after the adoption of his contract (order) to the address specified by the consumer. Should SPS-Service after the contract recognize that details of SPS-Services are flawed to a product or at a price, SPS-Service will inform the consumer of this immediately. This may take the SPS-Service then offered, changed conditions or to rescind the contract. Where the information provided by mistake made in good time right or should have noticed the inaccuracy of this information to the consumers obviously (§ 871 ABGB), so SPS-Service is entitled to withdraw from the contract.
2.2. Should SPS-Service notice after the contract that the goods are no longer available at SPS-Service or for other reasons (eg product recall) can not be supplied, SPS-Service will inform this consumer immediately. SPS-Service can then offer the consumer an equivalent in quality and price. If SPS-Service not offers a replacement delivery or if the consumer does not at such an offer, so the consumer can withdraw from the contract. SPS-Service is entitled to withdraw from the contract if the impossibility of delivery to the consumer was informed in good time or he would have noticed this apparently (§ 871 ABGB).
2.3. Is the inability to deliver on the terms originally referred to by SPS-Service due to any reason, the SPS-Service will not affect (e.g. Non-delivery by third companies), SPS-Service can service rescind the contract at any time.
2.4. Payments already received will refund SPS-Service immediately after a withdrawal from the contract by SPS- Service or the consumer. Any claims for compensation from the consumer erroneously incorrect information from SPS-Service (eg on availability), which are based only on ordinary negligence of SPS-Service, are in any case excluded.
3. Conclusion of contract / right of withdrawal of the consumer:
3.1. The presentation of goods in our online shop is not a legally binding contract offer by SPS-Service, but only a non-binding invitation to consumers to order goods. By ordering the desired goods the consumer makes a binding offer for him to conclude a purchase contract with SPS-Service. The following steps lead to a contract with the consumer:
- Selection of the desired goods;
- onfirm by clicking the button "Add to cart";
- Check the information in your shopping cart by clicking the button "View Cart";
- Acceptance of the terms and conditions by activating the next place box
- Actuation of the shopping cart by clicking the button "Continue to the next step";
- Entering the data of the consumer;
- Reconsideration of the order and the data given;
- andatory confirmation of the order. The consumer can before the mandatory submission of an order by pressing the contained in the Internet browser used by him "back" button back return to the ordering steps, on the information provided by the customer are detected, and correct input errors or by closing the Internet browser cancel the ordering procedure.
3.2. The purchase agreement for a ordered by the consumer goods shall only be concluded by the express acceptance of Order by SPS-Service by e-mail to the e-mail address provided by the consumer (order confirmation). The confirmation e-mail contains the order data that are stored by the Reichmann SPS-Service. Adopts SPS-Service not on the behalf of the consumer, so this gives SPS-Service the consumer immediately known.
3.3. In the case of conclusion of the contract is with the Reichmann SPS-Service GmbH, Heustadelgasse 5/1 materialize. The contract is concluded exclusively in German
3.4. The consumer may in accordance with § 5e KSchG within 14 working days from receipt of the goods withdraw from the contract. Saturdays are not counted as working days. The revocation must be expressly stated, preferably in writing. This is informal, with a simple sentence. Also customer number, order number and date should be indicated. A reason is not necessary. A simple return of the product (Former. VAT. Right of return) is not possible. The risk of loss of resignation by post carries consumers. Is SPS-Service information obligations according to § 5 d Abs 2 KSchG not properly complied with, then this withdrawal period shall be extended for 1 year. Does SPS-Service fulfill the information requirements within this year, so begins with the date of receipt of the information by the consumers, the period of 14 business days to exercise the right of withdrawal to run. The declaration of withdrawal must be sent to the office address: Reichmann SPS-Service Gmbh, Hermann-Gebauer-Str. 14, A-1220 Wien. E-Mail: office@sps-service.at.
3.5. The consumer has no right of rescission in the in § 5 para 1 KSchG enumerated contracts, in particular for contracts for goods, which a. are not suitable due to their condition for return, can spoil quickly or whose expiration date has been exceeded. b. according to consumer specifications are made, or which are clearly tailored to personal needs. A right of withdrawal applies only to agreements between the SPS-Service and consumers. A right of withdrawal for non-Consumer (ie companies) is hereby definitively excluded.
3.6. If the consumer cancels the contract, he must return the goods at his own cost to SPS-Service and to pay a reasonable fee for their use as well as compensation for any reduction in value to SPS-Service. The risk of returning and their proof rests with the consumer. If the consumer the goods returned, charged SPS-Service back immediately the purchase price already paid. A possible usage fee and any compensation for impairment of the goods, however, SPS-Service may be withheld. But if a return of the received goods impossible or impracticable, the consumer SPS-Service has to replace the usual value of the goods as far as he handed them to the clear and overwhelming advantage.
4. Delivery and price:
4.1. The consumer agrees to the dispatch of the goods on commercially available dispatch types (train, mail, etc).The delivery of the goods is done at the expense and risk of the consumer from the loading ramp and within 30 days from receipt of the order SPS-Service, unless SPS service does not inform the consumer within this period that the offer is not accepted or that it will make use of a statutory or contractual right of withdrawal.
4.2. The consumer has to pay the respective amount shown in the online shop total price of his order in Euro: Prepayment. On the bill the cost of shipping and of each at the time of invoicing valid VAT amount and -% be cited in addition to the net price of the goods.
4.3. Prices Displayed on the home are only valid for orders via the online shop of SPS-Service and may be modified by SPS-Service anytime. The price shown to the consumer is valid at the time of placing an order.
5. Maturity, retention of title and liability:
5.1. The purchase price of SPS-Service is due upon delivery the ordered goods to the consumer.
5.2. Until full payment of the purchase price the goods owned by SPS-Service remains.
5.3. SPS-Service is liable for any damage to the consumer, in particular for those in consequence of late delivery, non-delivery or delivery of goods to a wrong address, only insofar as these are due to intentional or grossly negligent behavior of SPS-Service.
6. Warranty:
6.1. SPS-Service ensures that the products are not exposed at the time of shipment with defects which cancel or reduce the value or suitability for normal use. An insignificant reduction of the value or the suitability remains ignored.
6.2. The deadline for the submission of warranty is both open as well as hidden defects for two years from delivery of the goods.
6.3. In the case of an incomplete delivery is SPS-Service replacement delivery immediately. If the consumer upon delivery of defective goods repair or replacement (replacement) desires, he is obliged to return the goods to SPS service, as far as this is possible for him. In both cases it is SPS-Service but free to remedy the defect by the warranty remedy unelected by the consumer, provided it is connected to the SPS-Service with less effort or otherwise possible. Should the repair repeatedly fail or occurs repeatedly no defect-free replacement or repair and replacement for SPS-Service associated with a disproportionate effort, the consumer has the right to reduce the purchase price, with no minor defects, the right to rescind the contract (conversion).
6.4. A warranty is only for defects which were present at the time of shipment, but not for those who only subsequently, in particular by improper usage or a sustained over a longer period on average use of the product by the consumer arise.
6.5 The warranty period between businesses (B2B) is used for products in the ADEOS-Shop maximum of 3 months. The used devices are on your basic operability checks (connection to the mains), a further test is not carried out.
7. Data protection:
7.1. The consumer is in accordance with the provisions of the Data Protection Act 2000 (DSG) explicitly noted that SPS service in fulfillment of the contract name, postal address, telephone number, email address and - if indicated - coupon codes of the consumer for the purpose of automation-assisted acquisition and processing of the order on data storage media stores and processed 3 Z 4 DSG within the meaning of § 8.
7.2. SPS-Service is not about the consumer data in item 7.1. use or disclose the specified scope beyond.
7.3. Choice of Law: On the legal relations between the SPS-Service and the consumer as well as the respective terms and conditions governed by Austrian law to the exclusion of conflict of law rules apply. The application of the Convention on Contracts for the International Sale of Goods of 11.04.1980 (CISG) is excluded.
8. Miscellaneous:
8.1. A right of the consumer to set-off exists only in case of insolvency of Reichmann SPS-Service GmbH or for claims that are legally related to the liability of the consumer, are undisputed or have been established in court.
8.2. Performance for delivery and payment is the registered office of Reichmann SPS-Service GmbH. If any provision of this Agreement wholly or partly not legally effective or lose their legal validity later, the validity of the remaining provisions shall not be affected. The parties undertake in this case to replace the invalid provision by a valid provision which to the extent legally possible, the objective pursued by the invalid provision considering the economic purpose in this contract expressed interests of the parties comes closest. The same applies if the contract is not foreseen by the parties gap.
Vienna, 08.20.2015