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Index

1 Scope, definitions, authority to amend
2 Conclusion of a contract
3 Delivery, delivery time and availability of goods
4 Right to withdraw
5 Prices and terms of payment
6 Delivery and shipping conditions
7 Retention of title
8 Warranty
9 Liability
10 Withdrawal (withdrawal information) instructions & withdrawal (revocation) form for the purchase of goods
11 Installation & technical requirements
12 Data protection
13 Applicable law
14 Alternative dispute resolution

21.02.2018


1 Scope, definitions, authority to amend

1.1 These General Terms and Conditions (hereinafter “GTC”) of

viRaTec GmbH
Pfarrgasse 52, 1230 Vienna
Commercial Court Vienna, FN 452957p
Head office Vienna
VAT ID no. ATU 71086139
office@viratec.at | www.viratec.at

(hereinafter “Seller”), apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller in respect of the goods or services offered by the Seller. The inclusion of own conditions of the Customer is hereby rejected, unless otherwise agreed. If the equipment of the supplier is sold or rented by a third party in its own name acting as seller and/or service provider for the associated equipment and services, then the general terms and conditions between the Customer and the third party shall apply.
Please note that we may need to update these Terms and Conditions from time to time. The version valid at the time of your order is authoritative.
Consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his/its commercial or self-employed professional activity.
If working days are specified as deadlines, this shall mean all weekdays with the exception of Saturdays, Sundays and public holidays.

2 Conclusion of a contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods or services in the virtual shopping basket and having gone through the electronic order process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping basket by clicking the button that concludes the order process.

2.3 Furthermore, the Customer can also submit the offer to the Seller by telephone, fax, e-mail or post.

2.4 The Seller can accept the Customer’s offer within five days
• by sending the Customer a written order confirma-tion or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods at the Customer is decisive in this respect, or
• by requesting payment from the Customer after placement of the order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer has been submitted by the Customer and ends on the expiry of the fifth day following submission of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his/its declaration of intent.

If the “PayPal Express” payment method is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
or – if the Customer does not have a PayPal account – under the conditions for payments without PayPal account, available at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
If the Customer selects “PayPal Express” as the payment method for the online order process, he/it also places a payment order with PayPal by clicking the button that completes the order process. In this case, the Seller declares its acceptance of the Customer’s offer at the point in time when the Customer triggers the payment process by clicking the button that completes the order process.

2.5 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) together with these General Terms and Conditions after his/its order has been sent. In addition, the contract text is archived on the website of the Seller and can be called up free of charge by the Customer via his/its password-protected customer account stating the corresponding login data, provided that the Customer has created a customer account in the Seller’s online shop before placing his/its order.

2.6 Before placing a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. As part of the electronic order process, the Customer can correct his/its entries using the usual keyboard and mouse functions until he/it clicks the button that completes the order process.

2.7 The German and English languages are available for the conclusion of the contract.

2.8 Order processing and communication is usually done by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him/it for order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered.

3 Delivery, delivery time and availability of goods

3.1 In our online shop you will find information on the availability of each product and, depending on technical specifications, also on the expected delivery times. The delivery times are calculated from the time of your order. If you have indicated in your order that you will pay the purchase price in advance, the delivery times will be calculated from receipt of the advance payment.

3.2 For technical reasons, it cannot be ruled out that products are marked as available in the online shop, although there is no longer any stock for your order. If, in exceptional cases, individual products or all products you have ordered are not available, we will contact you by e-mail without delay. In this case we refrain from a declaration of acceptance. A contract is not concluded. If you have already paid the purchase price for the goods, we will of course refund the purchase price to you free of charge via the payment method through which you made the payment.

3.3 We currently only supply to customers within the European Union. If delivery is to be made to another country, please observe the notes in the course of the order process and in Chapter 5 of these General Terms and Conditions.

3.4 Should goods be delivered with obvious damage, we ask you to report the damage immediately to the forwarding agent and contact us as soon as possible. Please also inform us of any hidden defects as soon as possible after they are discovered. As a business customer, you must inform us in good time to obtain your rights.

4 Right to withdraw

4.1 Consumers are generally entitled to withdraw from the contract.

4.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

4.3 The right of withdrawal does not apply to consumers who at the time of conclusion of the contract do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union, unless the law of the state in which the consumer has his habitual residence provides for a right of withdrawal.

5 Prices and terms of payment

5.1 Unless otherwise stated in the seller’s product description, the prices stated are total prices which include the statutory sales tax (value added tax). If necessary, additional delivery and shipping costs will be stated separately in the respective product description.

5.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

5.3 The supplier reserves the right to commission third parties to handle the various payment options.

5.4 Invoices are always sent to the Customer by email. Unless otherwise agreed, the invoice amount is due no later than 14 days after receipt of the invoice.

5.5 If the Customer defaults on a payment, the supplier is entitled to charge a lump-sum reminder fee per reminder. The supplier is entitled to charge a lump sum for each debit note or credit card payment that has not been redeemed or returned, unless the Customer proves that he/it is not responsible for the event causing the damage. The customer is free to prove that no or less damage than the lump sum has been incurred.

5.6 The payment option(s) will be communicated to the Customer in the online shop of the Seller.

If the “PayPal Express” payment method is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
or – if the Customer does not have a PayPal account – under the conditions for payments without PayPal account, available at
https://www.paypal.com/de/webapps/mpp/ua/privacywap-full

5.7 When selecting the payment method invoice purchase, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer in its payment information in the online shop of a corresponding payment restriction.

6 Delivery and shipping conditions

6.1 Unless otherwise agreed, goods are delivered to the delivery address specified by the Customer. The shipping costs are shown in the course of the order process.

6.2 If the Customer acts as entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment.

6.3 If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the Customer when the goods are handed over to the Customer or a person entitled to receive the goods. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the Customer in the case of consumers as soon as the Seller has delivered the goods to the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment and the Seller has not previously named this person or company to the Customer.

6.4 In the case of collection, the Seller first informs the Customer by e-mail that the goods ordered by him/it are ready for collection. After receipt of this e-mail, the Customer can collect the goods at the Seller’s registered office after consultation with the Seller. In this case no shipping costs will be charged.

6.5 In case of a revocation you have to bear the direct costs of the return.

7 Retention of title

7.1 Towards consumers, the Seller retains title to the delivered goods until full payment of the purchase price owed.

7.2 Towards entrepreneurs, the Seller retains title to the delivered goods until all claims from an ongoing business relationship have been settled in full.

7.3 If the Customer acts as entrepreneur, he/it is entitled to resell the reserved goods in the ordinary course of business. The Customer assigns all resulting claims against third parties to the Seller in the amount of the respective invoice value (including value added tax) in advance. This assignment applies irrespective of whether the reserved goods have been resold without or after processing.

The Customer remains authorised to collect the claims even after the assignment. The authority of the Seller to collect the claims itself remains unaffected by this. However, the Seller will not collect the claims as long as the Customer meets his/its payment obligations to the Seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

8 Warranty

If the goods or service are defective, the provisions of the statutory warranty shall apply. Deviating from this, the following applies:
8.1 For entrepreneurs
• the Seller has the choice of the type of defect rectifica-tion in the case of insignificant defects;
• rights and claims due to defects are excluded in prin-ciple when buying used goods;
• the limitation period shall not start afresh if a re-placement delivery is made within the scope of the warranty.

8.2 The above limitations of liability and limitation periods do not apply
• for damages resulting from injury to life, limb or health or damages which are based on an intentional or negligent breach of duty by the Seller or an inten-tional or negligent breach of duty by a legal repre-sentative or vicarious agent of the Seller,
• in the event that the Seller maliciously concealed the defect.

8.3 Furthermore, the obligation to give notice of defects according to Section 377 UGB applies to entrepreneurs, otherwise he can no longer assert claims for warranty, for damages due to the defect itself or from an error regarding the absence of defects in the item.

9 Liability

The Seller is liable towards the Customer for all contractual, contract-like and legal, including tortious, claims for compensation for damages and expenses as follows:

9.1 The Seller is liable without limitation for any legal reason
• in case of intent or gross negligence,
• in the event of injury to life, limb or health.

9.2 Any other liability on the part of the Seller is excluded.

9.3 The above liability regulations also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

10 Withdrawal (withdrawal information) instructions & withdrawal (revocation) form for the purchase of goods

In the event of withdrawal / revocation, the downloadable revocation policy of viRaTec GmbH applies.

11 Installation & technical requirements

The use of the supplier’s full-featured applications requires a functioning and continuous Internet connection at the installation site. A data connection is also required for full use of the mobile applications. The Customer is responsible for providing and maintaining the functionality and for assuming of any costs of the Internet connections.

12 Data protection

12.1 In all data processing procedures (e.g. collection, processing and transmission) the supplier acts in accordance with the statutory provisions. The personal data, orders and operating data of the end devices transmitted by the Customer are stored electronically by the supplier

12.2 Further information on the type, scope, place and purpose of the collection, processing and use of personal data necessary for the execution of orders can be found in the data protection declaration of the supplier.

12.3 The supplier takes measures corresponding to the state of the art to protect the data against unauthorised access. Nevertheless, it is pointed out that according to the state of the art it cannot be completely prevented that third parties can try to access this data without authorisation.

13 Applicable law

13.1 The law of the Republic of Austria shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

13.2 Furthermore, with regard to the legal right of withdrawal, this choice of law does not apply to consumers who, at the time of conclusion of the contract, are not members of any Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract, unless the law of the country in which the consumer has his habitual residence provides for a right of withdrawal.

14 Alternative dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet under the following link: http://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.