General Business Terms and Conditions
§ 1 Scope of application
These business terms apply exclusively and only vis-à-vis companies and legal persons under public law as well as within the scope of sales agreements which are concluded via the webshop between Fruhmann GmbH NTL Manufacturer & Wholesaler – hereafter referred to as “Supplier” – and the customer – hereafter referred to as “Customer”. We will only recognise any Customer’s conditions that contradict or deviate from our own where we have expressly accepted their applicability in writing.
These Business Terms shall also apply to all future business transactions with the Customer as far as they concern related types of legal transactions.
§ 2 Offer and concluding the contract
It is stipulated that all offers in the Supplier’s webshop merely represent a non-binding invitation (invitatio ad offerendum) to the Customer to make the Supplier a corresponding offer to purchase. The Customer’s order represents such an offer. A contract shall only come about after the Customer has accepted the offer. The Customer will be notified by email of the acceptance of the offer.
The Customer will be sent an acknowledgement of receipt notifying them of the date on which the order is received. However, this acknowledgement of receipt does not yet represent an acceptance of the offer.
The Customer will be notified by email without delay if the Supplier does not accept the Customer’s order for any reason whatsoever.
If the item the Customer has selected is not available at the time they place the order, the Supplier will notify the Customer of an estimated delivery period in the order confirmation. If the product is permanently unavailable, the Supplier will refrain from issuing an acceptance declaration. In this case, no contract for the unavailable product will come about.
§ 3 Subject matter of the contract, characteristics, delivery and product availability
The subject matter of the contract relates to those products that are specified by the Customer within the framework of the order or named in the order confirmation, at the final prices listed in the Supplier’s webshop. Mistakes and errors are reserved; in particular with regard to product availability. The characteristics of the products ordered are given in the descriptions of the individual products in the webshop. The illustrations in the webshop may at times not accurately reflect the products; in particular colours can vary considerably for technical reasons. Images merely serve as illustrative material and can differ from the product. Technical information, weight, measurements and performance descriptions are given as accurately as possible but can deviate to the normal extent. The properties described here do not represent a defect of the products provided by the Supplier.
§ 4 Prices and payment
As far as nothing to the contrary is agreed to in writing, our prices are for delivery ex works including packaging.
The purchase price may only be paid into the account stated in the order confirmation. The deduction of any discount is only permissible if this has specifically been agreed to in writing.
As far as not otherwise agreed, the purchase price must be paid prior to the despatch of the products.
Unless fixed prices were agreed, reasonable price adjustments due to changed costs for wages, material and operating costs remain reserved for deliveries which take place 3 months or later after concluding the contract.
The goods are despatched by parcel post or a forwarder. Goods are despatched as instructed by the Customer. The Customer must make their own arrangements if they wish to insure the consignment.
§ 5 Offset
Setting off [counter-claims] against the Supplier’s claims is always excluded.
§ 6 Delivery period
The beginning of our stated delivery period presupposes the timely and proper fulfilment of the Customer’s obligations. The right to object to the unfulfilled contract remains reserved.
Should the Customer be in default of acceptance, or violate other duties to cooperate, we are then entitled to demand compensation for damage incurred to us, including possible additional expenditure. Further claims remain reserved. Where the aforementioned preconditions exist, the risk of a possible loss or a possible deterioration of the purchased item will pass over to the Customer as of the date when the Customer is in default of acceptance or in delay of payment.
§ 7 Transfer of risk on despatch
The Customer shall bear the transport risk for deliveries.
§ 8 Reservation of title
We reserve the right of ownership on the purchase item until the receipt of all payments arising from the delivery agreement. That applies likewise to all future deliveries even if not always expressly mentioned. We are entitled to demand the return of the purchased item if the Customer acts in breach of contract.
In the event the Customer is in arrears with payment, the Supplier is entitled to assert the rights arising from the reservation of title. It is agreed that when asserting the reservation of title this does not represent a withdrawal from the contract unless the Supplier expressly declares the withdrawal from the contract.
§ 9 Warranty
The Customer’s warranty rights presuppose that they have duly met their obligations with regard to legal inspection and notification duties in terms of Section 377 UGB (Austrian Enterprise Code).
Guarantee claims are statute-barred 12 months from the delivery date of the goods supplied to the Customer.
A warranty for any goods delivered by the Supplier only exists when such warranty is expressly stated in the order confirmation for the relevant article.
The right of recourse according to Section 933b ABGB (Austrian General Civil Law Code) is excluded.
§ 10 Data processing and data protection
The Customer agrees to allow their personal data to be processed in conformity with the legal provisions to support expeditious and fault-free handling of the order.
Further, the Customer expressly agrees to receive information material for advertising purposes in writing or as a newsletter. The Customer can withdraw this consent in writing at any time by way of a short, informal note to the Supplier.
§ 11 Miscellaneous
This contract and the entirety of legal relations between the parties shall be subject to the law of the Republic of Austria under exclusion of the UN Convention on the Sale of Goods (CISG).
Unless otherwise stated in the order confirmation, the place of performance and exclusive place of jurisdiction, including all disputes arising from this contract, shall be the Supplier’s place of establishment. The Supplier nonetheless additionally reserves the right to also take action at the Customer’s general place of jurisdiction.
All agreements, subsequent changes, supplements, collateral agreements etc. require for their validity the written form and thus also the original signature or a secure electronic signature.
Should individual provisions of this agreement be or become ineffective in whole or in part or should the contract contain a gap, the remaining provisions shall remain unaffected thereby.