Terms and conditions HI-TECH for Gamers GmbH
The deliveries, services and offers of our company are made exclusively on the basis of these terms and conditions, insofar as there are no mandatory legal regulations to the contrary. We do not recognize any terms and conditions of the customer that conflict with or deviate from our terms and conditions unless we have expressly agreed to their validity. Actions to fulfill the contract on our part do not count as consent to contractual terms that deviate from our terms. These terms and conditions apply as a framework agreement for all other legal transactions between the contracting parties.
II. The conclusion of a contract
A contract offer from a customer requires an order confirmation. Submitting an order does not mean acceptance of the contract, but only acknowledgment that the consumer's order (offer) has been received by the company. The contract is only concluded when the entrepreneur accepts the consumer's offer. The sending of the goods ordered by the customer also brings about the conclusion of the contract. Our offers are non-binding. If we do not respond within 14 days of receipt of the consumer's offer, no contract has been formed and the consumer is no longer bound by his offer.
Unless expressly stated otherwise, all prices quoted by us include sales tax, but do not include costs for delivery, assembly or installation.
If the wage costs change due to collective agreements in the industry or internal agreements or if other cost centers relevant to the calculation or costs necessary for the provision of services such as those for materials, energy, transport, external work, financing etc. change, we are entitled, except in the event that the buyer is a consumer within the meaning of the Consumer Protection Act (KSchG), to increase or reduce the prices accordingly.
The cost estimate is prepared to the best of our knowledge, but no guarantee can be given for its correctness. Should there be any cost increases of more than 15% after the order has been placed, we will inform the contractual partner of this immediately. If it is an unavoidable cost overrun of up to 15%, a separate agreement is not required and we are entitled to charge for these costs without further ado. Estimates are chargeable. A fee paid for the cost estimate will be credited if an order is placed on the basis of this cost estimate.
IV. Terms of payment, default interest
In the absence of any agreement to the contrary, our claims are to be paid in cash step by step upon delivery of the goods. Discount deductions require a separate agreement. In the event of a delay in payment, even with partial payments, any discount agreements will also become ineffective. Payments by the customer are only deemed to have been made when they are received in our business account. If the customer is in default of payment, we are entitled, at our discretion, to demand compensation for the damage actually incurred or - unless it is a question of a credit transaction with consumers - to charge default interest of 4% above the base rate of the Austrian National Bank.
V. The withdrawal from the contract
In the event of default of acceptance (point VIII.) or other important reasons, such as in particular bankruptcy of the customer or rejection of bankruptcy for lack of assets, as well as default in payment by the customer, we are entitled to withdraw from the contract if it has not yet been completely fulfilled by both parties. In the event of withdrawal, if the customer is at fault, we have the choice of requesting a flat-rate compensation of 25% of the gross invoice amount or compensation for the damage actually incurred. If the customer defaults in payment, we are released from all further service and delivery obligations and are entitled to withhold outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period. If the customer - without being entitled to do so - withdraws from the contract or requests its cancellation, we have the choice of insisting on the fulfillment of the contract or agreeing to the cancellation of the contract; in the latter case, the customer is obliged to pay a lump-sum compensation of 25% of the gross invoice amount or the damage actually incurred, at our discretion.
VI. Withdrawal form
The right of withdrawal according to the FAGG is only available to consumers. You have the right, within 14 days for services from the day the contract was concluded and for sales contracts from the day on which you or a third party named by you who is not the carrier, took possession of the goods, without specifying reasons to withdraw from this contract. The declaration of withdrawal is not bound to any specific form. You can use the revocation form or any other clear declaration (e.g. a letter sent by post, a fax or an e-mail). The declaration should be sent to:
HI-TECH for Gamers GmbH
Johann Roithner-Straße 131
Phone: +43 7229 61000
E-Mail: [email protected]
The withdrawal period is met if the declaration of withdrawal is sent within the period. After a timely declaration of withdrawal, we will send you all payments made, including the delivery costs if applicable (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately, but no later than within 14 days from the day on which we received notification of your cancellation of this contract. The same means of payment will be used for this repayment, which you used to process your payment, unless something else was expressly agreed with you and you will not incur any costs as a result.
We can withhold repayment until we either receive the goods back or until you have provided proof that the goods have been returned. After a timely declaration of withdrawal, you must return the goods to us immediately, at the latest within 14 days of submitting the declaration of withdrawal. The return period is met if the goods are dispatched within the period. The direct costs of returning the goods are to be borne by you.
You only have to pay us compensation for a reduction in the market value of the goods if this loss in value is not due to the handling of the goods that is not necessary for checking the condition, properties and functioning of the goods. Apart from the payments listed in these provisions and any additional costs in the above sense, no other charges may be imposed on you as a result of your withdrawal.
If you withdraw from a contract for services after you have declared a request in accordance with § 10 FAGG (desire that we start fulfilling the contract before the end of the withdrawal period of 14 days) and we have started fulfilling the contract, you have us to pay an amount which, compared to the contractually agreed total price, corresponds to the services rendered by us up to the time of withdrawal. If the total price is excessive, the pro rata amount to be paid will be calculated on the basis of the market value of the services rendered.
Exceptions to the right of withdrawal (§18 FAGG):
The consumer does not have the right to withdraw from distance or off-premises contracts
1. Services if the entrepreneur has provided the service in full, whereby in those cases where the consumer is obliged to pay under the contract, the right of withdrawal does not apply unless, moreover, the entrepreneur with the prior express consent of the consumer with the performance of the contract has started and when the consumer
a) either confirmed before the start of the provision of the service that he was aware that he would lose his right of withdrawal once the contract had been fully performed,
b) or has expressly asked the entrepreneur to visit to have repair work carried out,
2. Goods or services, the price of which depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period,
3. Goods that are made to customer specifications or are clearly tailored to personal needs,
4. Goods that can spoil quickly or whose use-by date would soon be exceeded,
5. Goods that are delivered sealed and are not suitable for return for health or hygiene reasons if their seal was removed after delivery,
6. Goods which, due to their nature, were inseparably mixed with other goods after delivery,
7. alcoholic beverages, the price of which was agreed at the time the contract was concluded, but which cannot be delivered earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence,
8. Sound or video recordings or computer software contained in a sealed package
9. Newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications,
10. Services in the areas of accommodation for other than residential purposes, transport of goods, rental of motor vehicles and delivery of food and drink and services provided in connection with leisure activities, provided that a specific time or period is required for the performance of the contract by the entrepreneur is contractually provided,
11. the provision of digital content that is not intended to be delivered on a physical medium when the entrepreneur has started to perform the contract, whereby in those cases where the consumer is obliged to pay under the contract, the right of withdrawal only lapses, if moreover
a) the consumer has expressly consented to the start of performance of the contract before the end of the withdrawal period;
b) the consumer has confirmed that he/she has acknowledged that he/she loses his/her right of withdrawal by starting performance of the contract prematurely, and
c) the entrepreneur has provided the consumer with a copy or confirmation of the concluded contract on a durable medium or a paper copy of the signed contract document.
Furthermore, the consumer has no right of withdrawal in the case of contracts for urgent repair or maintenance work where the consumer has expressly requested the entrepreneur to visit the company to carry out this work. If, during such a visit, the trader provides additional services that the consumer has not expressly requested, or if he supplies goods that are not essential as spare parts for maintenance or repair, the consumer has the right to withdraw from these additional services or goods.
Finally, the consumer has no right of withdrawal from contracts concluded at a public auction.
VII. Costs of reminding and collection
In the event of default, the contractual partner (customer) undertakes to reimburse the creditor for the dunning and collection fees incurred, insofar as they are necessary for appropriate legal prosecution, whereby he undertakes in particular to reimburse a maximum of the remuneration of the collection agency involved, which resulting from the VO of the BMWA on the maximum rates of the collection agencies due remuneration. If the creditor carries out the dunning process himself, the debtor undertakes to pay an amount of EUR 10.90 per reminder and an amount of EUR 10 per half year for the record keeping of the debt relationship in the dunning process.
VIII. Special delivery, transport, default of acceptance
Our sales prices do not include costs for delivery, assembly or installation. You give us or our carrier permission to store the goods to be delivered (in front of the building or at the neighbour's). On request, however, these services can be organized by us against separate payment at the risk and peril of the customer. The actual costs incurred for transport and delivery, together with an appropriate surcharge for administration costs, but at least the freight and carriage wages applicable or usual on the day of delivery for the selected mode of transport, will be charged. Installation work will be charged according to the time spent, with a man-hour rate customary in the industry being agreed. If the customer has not accepted the goods as agreed (delay in acceptance), we are entitled, after unsuccessfully setting a grace period, to either store the goods with us, for which we charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or at the expense and risk of the customer to be stored by an authorized tradesman. At the same time, we are entitled either to insist on fulfillment of the contract or, after setting a reasonable grace period, to withdraw from the contract and to use the goods elsewhere. The invoice recipient agrees to the electronic transmission of the invoice.
IX. Time of delivery
We are only obliged to perform the service as soon as the customer has fulfilled all of his obligations that are necessary for the performance, in particular has fulfilled all technical and contractual details, preliminary work and preparatory measures. We are entitled to exceed the agreed dates and delivery periods by up to one week. Only after this period has expired can the customer withdraw from the contract after setting a reasonable grace period.
X. The place of performance
The place of performance is the registered office of our company, 4050 Traun (Austria) Johann Roithner-Straße 131 Johann Roithner-Straße 131
XI. Minor modifications to our services
If it is not a consumer transaction, minor or other changes to our performance or delivery obligation that are reasonable for our customers are deemed to have been approved in advance. This applies in particular to deviations caused by the item (e.g. in dimensions, colours, grain and structure, etc.).
XII. Warranty and the obligation to examine and give notice of defects
If the purchase is a company-related transaction for both parties, the buyer must notify the seller within a reasonable period of time of any defects in the goods that he has found or should have found by examining them in the ordinary course of business after delivery. If the buyer fails to report this, he can claim a warranty (§§ 922 et seq. ABGB), compensation for damages due to the defect itself (§ 933a Para. 2 ABGB) as well as an error about the freedom from defects of the item (§§ 871 f. ABGB) no longer claim. If such a defect becomes apparent later, it must also be reported within a reasonable period of time; otherwise the buyer can no longer assert the claims referred to in paragraph 2, even with regard to this defect. In all other cases, entrepreneurs must assert their claims under the title of warranty in court within one year of handover, otherwise they will lapse. In any case, our warranty obligation expires upon expiry of the warranty period; any further special recourse of the entrepreneurial customer according to § 933b ABGB due to self-fulfilled warranty obligations is excluded.
XIII. Damages and compensation
All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or, in the case of consumer transactions, to damage to items accepted for processing. The existence of slight or gross negligence, unless it is a consumer transaction, has to be proven by the injured party. If it is not a consumer transaction, the claim for damages must be asserted in court within one year of knowledge of the damage and the damaging party, whereby the absolute limitation period is three years. The provisions on damages contained in these terms and conditions or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim. Before connecting or transporting EDP technical products or before installing computer programs, the customer is obliged to adequately back up the data stock already existing on the computer system, otherwise he has to bear responsibility for lost data and for all associated damage.
XIV. Product liability
Claims for recourse within the meaning of Section 12 of the Product Liability Act are 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.
XV. The reservation of proprietary rights and its enforcement
All goods are delivered by us under retention of title and remain our property until full payment. The assertion of the retention of title only constitutes a withdrawal from the contract if this is expressly declared. When goods are taken back, we are entitled to charge for any transport and handling charges incurred. If third parties access the goods subject to retention of title - in particular through attachments - the customer undertakes to point out our ownership and to inform us immediately. If the customer is a consumer or not an entrepreneur whose regular business operations include trading in the goods purchased from us, he may not dispose of the reserved goods until the outstanding purchase price claim has been paid in full, and in particular may not sell, pledge, give away or lend them. The customer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.
XVI. Assignments of claims
In the case of delivery subject to retention of title, the customer hereby assigns to us his claims against third parties, insofar as these arise from the sale or processing of our goods, until our claims have been finally paid. Upon request, the customer must name his customers and inform them of the assignment in good time. The assignment is to be entered in the business books, in particular in the open item list, and is to be made visible to the customer on delivery notes, invoices, etc. If the customer is in arrears with his payments to us, the sales proceeds received by him are to be separated and the customer only holds them in our name. Any claims against an insurer are already assigned to us within the limits of Section 15 of the Insurance Contract Act. Claims against us may not be assigned without our express consent.
XVII. Withheld payments
If it is not a consumer transaction, the customer is not entitled to withhold the entire, but only a reasonable part of the gross invoice amount in the event of a justified complaint, except in cases of reversal.
XVIII. The choice of law, the place of jurisdiction and dispute resolution
Austrian law applies. The applicability of the UN Sales Convention is expressly excluded. The contract language is German. The Parties agree to Austrian domestic jurisdiction. If it is not a consumer transaction, the competent court at the registered office of our company has exclusive local jurisdiction to decide all disputes arising from this contract. We are neither willing nor obliged to participate in dispute settlement procedures before consumer arbitration boards.
XIX. Data protection, change of address and copyright
The customer agrees that the personal data contained in the purchase contract may also be automatically stored and processed by us in fulfillment of this contract. The customer is obliged to notify us of changes to his residential or business address as long as the contractual legal transaction 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 known address. Plans, sketches or other technical documents as well as samples, catalogues, brochures, illustrations and the like always remain our intellectual property; the customer does not receive any rights of use or exploitation whatsoever.