GENERAL CONDITIONS OF GÜNTER AMANN TEXTILBEARBEITUNG GMBH
Günter Amann Textilbearbeitung GmbH
Company register number: FN 298155p
Address: Holzmühlestraße 10, 6890 Lustenau
VAT reg. number: ATU63653102
All deliveries and services are made exclusively on the basis of the following terms and conditions, unless otherwise expressly agreed in writing. Conflicting terms are not accepted by us, even if these terms are not expressly contradicted.
By registering or ordering, the purchaser expressly accepts these terms and conditions. This also applies in the event that a purchaser refers to its own general terms and conditions. Additional agreements iS of special modifications or additions to these Terms are only possible by mutual agreement and in writing, whereby the unmodified Terms remain without prejudice to the contractual content.
Acceptance of contract:
Our presentation of the goods in the webshop does not constitute a binding offer to conclude a purchase agreement. The purchaser is thus only invited to submit an offer by placing an order. By sending an order in the webshop, the buyer makes a binding offer aimed at the conclusion of a purchase contract for the goods contained in the shopping cart. Sending an order confirmation e-mail by us does not constitute acceptance of the contract offer of the purchaser. The declaration of acceptance is made by the delivery of the goods or an explicit declaration of acceptance.
The purchaser is obliged to provide truthful and complete information when ordering and registering.
The customer does not have the right to conclude a contract. We are entitled to refuse registration or purchase without giving reasons.
Our prices are subject to change and are understood from Lustenau excluding shipping and packaging costs. Shipping is at the expense of the purchaser. The costs actually incurred are invoiced for dispatch, together with an appropriate surcharge for directing costs.
If cost changes occur between the conclusion of the contract and delivery (such as for raw materials and auxiliary materials, energy, personnel and machinery costs, freight, outsourcing, financing, etc. ), we are entitled to adjust the prices accordingly.
Unless otherwise agreed (e. g. prepayment, payment via payment services, etc. ), the invoice amounts are payable upon receipt of the invoice. If a payment date is agreed, the due date is calculated according to the invoice date. Payment must be made effectively in the invoiced currency, free of charges and deductions. If the due date is exceeded, we charge default interest of 8% points above the 3-month Euribor. The purchaser undertakes to reimburse all collection expenses corresponding to us as far as they are necessary for the appropriate legal prosecution and proportionate to the claim. Payments with discharge effect may only be made to us. Performing agents and commercial agents are only entitled to collection with a written authorization. If the Purchaser’s financial position deteriorates (e. g. a bill of exchange is not redeemed; the Purchaser declares to stop payments; or there are legal receivables, executions, etc. ) or if the agreed payment deadline is not met, we are entitled to immediately pay all our claims, in particular bills of exchange due. shall withdraw from the purchase contract and shall be released from further deliveries. The customer may not withhold payments or offset against counterclaims of any kind. Several deliveries constitute a total delivery and thus a total demand. Payments made thereon shall be treated accordingly as advance payments on the total delivery.
Delivery conditions/minor changes in performance:
We are only obliged to perform the service as soon as the purchaser has fulfilled all his obligations (especially payment of the purchase price). If delivery dates are agreed after calendar weeks, the last working day of the week shall be deemed to be the delivery date. Exceedances of the delivery time or the delivery date up to two weeks shall be deemed to be approved. Operational disruptions and events of force majeure, strikes, interruptions or delays in the supply of raw materials, shortage of raw materials and similar cases both at our premises and at our suppliers release us from the delivery obligation. Specified delivery times or delivery dates refer to the suppliers. If calls are not made within the agreed time limit, we are entitled to deliver and invoice the agreed quantities or to withdraw from the part of the contract which is still in arrears and/or to demand compensation for non-performance. In the event of partial delivery, no withdrawal is possible.
The costs and risk of delivery shall be borne by the purchaser unless otherwise agreed. Partial deliveries are permitted. Minor (up to 10%) or other changes to the service that are reasonable for the purchaser shall be deemed to be approved.
If the purchaser has not taken over the goods as agreed (default in acceptance), we shall be entitled to store the goods either at the purchaser’s own expense and risk or with an authorised trader. At the same time, we are entitled either to insist on performance of the contract or to withdraw from the contract after setting an appropriate period of at least 2 weeks and to use the goods in another way.
Reservation of title:
We reserve title to all goods delivered by us until full payment of all our receivables arising from the business relationship, including interest, expenses and costs. If the purchaser resells the goods delivered by us – even after further processing – before paying us for them, the purchaser already assigns in advance the purchase price claims for his deliveries against future purchasers. He undertakes to carry out all publicity measures necessary for the effectiveness of the assignment of receivables (assignment note on the invoice or note in his books, etc. ). Furthermore, he undertakes to deliver the goods also to his purchaser only under extended and extended retention of title against advance assignment of his purchase price claim. In the event of processing on our behalf or mixing of the goods delivered by us with other goods, our ownership shall not be lost, but we shall acquire co-ownership in proportion to our use of the goods to the selling price of the goods. Ownership of the processed goods shall not be transferred to the purchaser until the purchaser has paid the purchase price in full. Payments and advance assignments are always made on the basis of performance. The authorisation of resale or further processing and the collection of receivables shall not constitute a waiver of the advance assignment to third parties or a waiver of the retention of title and the right to claim the property. In the event of default of payment by the Buyer, the Seller is entitled to take back the reserved goods or to demand the assignment of the Buyer’s claims against third parties. In the event of suspension of payment or insolvency of the purchaser, or of an already effected attachment, the purchaser’s right to resell or further process our goods, as well as his right to recover the outstanding amounts, shall expire. Insofar as the validity of the retention of title in the country of destination is linked to special requirements or formal requirements, the purchaser shall be obliged to comply with them. We undertake to hand over the collateral when the cover limit of 120%, based on the realisable value of the collateral, is reached.
The warranty period for entrepreneurs is 6 months from delivery by us. In the event of any other exclusion, defects must be notified to us in writing within 14 days after delivery. The warranty claim refers only to the free replacement of the defective part. This limitation also applies (against entrepreneurs) in the event of a claim for damages and in the event of recourse. Our liability, as well as that of our suppliers, exists outside the scope of application of the Product Liability Act, except for personal injuries, only if we can prove intent or gross negligence, within the scope of the statutory provisions. Claims for compensation of entrepreneurs against us expire in 6 months after knowledge of damage and damage. Liability for slight negligence is excluded as well as compensation for consequential damages and financial losses, lost profits, loss of interest, downtime or loss of order and for damages arising from claims of third parties against the purchaser. We and our suppliers are not liable for material damage suffered by a purchaser. These limitations of liability shall also apply in the event of delay or partial delay of delivery as well as for recourse. Our purchasers are obliged to give their customers effective freedom of subscription in favour of us and our suppliers, otherwise we reserve the right to withdraw. A warranty and/or claim for damages arising from the combination of our products with third-party products is expressly excluded. Our purchasers are obliged to inform their customers about this.
Rights of use and copyrights:
In relation to the purchaser, we are the sole owner of the reproduction, distribution, processing and all copyrights as well as the right to intangible transfer and reproduction of our homepage/database as well as the individual contents contained therein. The use of our homepage/database and the contents, materials, brand and trade names contained therein is permitted exclusively for the purposes stated in these terms and conditions.
Changes to these terms and conditions:
We are entitled to change these terms and conditions at any time. Registered purchasers will be informed of such changes by sending the amended terms and conditions to the email address or contact address provided at the time of registration. The modification of the terms and conditions entitles the purchaser to terminate the contractual relationship in writing by registered letter within a period of one month from notification. If the purchaser does not give notice within this period, the amended terms and conditions shall be deemed to have been agreed.
The purchaser agrees that the personal data disclosed by him during registration or in connection with contract processing are stored and processed by us in the performance of contractual obligations (including the delivery of our newsletter) in an automated manner.
The purchaser is obliged to notify us of any changes to his residential or business address. If no notification is made, declarations shall be deemed to have been received even if they are sent to the last notified address.
Place of performance / Jurisdiction / Legal case / Language of contract:
All legal transactions concluded with us are governed by Austrian law, excluding the provisions of private international law and excluding the UN Sales Convention. The place of performance for both parties is exclusively Lustenau. For the resolution of all disputes arising from this contract, the jurisdiction of the competent court at the registered office of our company is hereby agreed, whereby we are free to settle any dispute with another legally competent court, including the court at the general place of jurisdiction of the customer. The contract language is German.
Should provisions of this Agreement become legally invalid, invalid and/or void or become invalid during their term, this shall not affect the legal validity and validity of the remaining provisions. In this case, the parties undertake to replace a provision which is invalid, invalid and/or invalid by a provision which is legally valid and valid and corresponds in its economic impact to the replaced provision as far as possible and legally permissible.
Consent according to § 107 TKG:
The purchaser agrees to receive messages from us or from companies commissioned by us for this purpose within the meaning of § 107 Telecommunications Act for advertising purposes. This consent may be revoked by the customer at any time.