Terms and conditions of the company HI-TECH for Gamers GmbH
The deliveries, services and offers of our company are exclusively based on these terms and conditions.We do not recognize conditions of the customer which are in conflict with or which deviate from our conditions unless we have given explicit consent to their application. Action by HI-TECH to fulfill contractual obligations does not count as an approval of the conditions that deviate from ours. These conditions are to be seen/regarded as a framework agreement also for all further legal transactions between the contract parties.
II. The conclusion of a contract
A contract offer of a customer requires a confirmation of order. The dispatch of the goods ordered by the customer already leads to the conclusion of a contract. Our offers are not binding. If we do not react within 14 days after the receipt of an offer of a consumer, no contract has been concluded and the consumer is not bound to his offer.
a) All prices quoted by us include the turnover tax unless expressly noted differently. If the labour costs change due to collective agreement in our sector, or if deals inside our company change, or if cost units relevant for our calculation change, or if costs necessary for our service/performance – such as those for materials, energy, transport, external workers, financing etc. – change, we are entitled to raise or reduce the prices accordingly. In consumer business item III section a) does not apply. b)We make a price estimate for you according to our best specialist knowledge., but we do not assume liability for the correctness. If an increase in costs of more than 15% arises after the contract is awarded, we will inform our contract partner immediately . If it is an inevitable cost overrun up to 15 % , a separate notification is not required and we are entitled to invoice these costs without further warning. Price estimates have to be paid for. A remuneration paid for a price estimate will be credited to your account if an order is placed because of that price estimate.
IV. Terms of payment, default interest
Unless agreed otherwise our demands need to be paid in cash in exchange for the goods/matching the handing over of the goods. Discounts require a separate agreement. In case of a delayed payment, also with partial payments, any discount agreements cease to be in force. Customer payments are regarded as made/completed only after they have been credited to our business account. In case of a delayed payment of a customer we are entitled to demand a replacement of our choice for the actual damage or loss, or – if it is not a contract in the lending business with consumers – invoice 4 % above the base rate of the Austrian National Bank on arrears
V. The withdrawal from the contract
In case of default of acceptance (VII) or for other important reasons – such as bankruptcy of the customer or bankruptcy dismissal for lack of assets, as well as delayed payment of the customer – we are entitled to withdraw from the contract if it has not yet been completely fulfilled by both parties. In case of a withdrawal, with the fault being on the customer´s part, we may choose to either demand a flat rate compensation of 25 % of the gross invoice amount or a compensation for the actual damage. In case the customer is late in paying we are discharged from all further obligations concerning service and delivery and entitled to hold back deliveries not yet made or services not yet rendered and to demand advance payment or guarantees or withdraw from the contract after granting an appropriate additional period. If the customer withdraws from the contract without being entitled to do so or if he desires its annulment, we may choose to either insist on the fulfilment of the contract or to agree to its annulment; in the latter case the customer is obliged to pay a flat rate compensation of 25 % of the gross invoice amount – according to our wishes – or pay for the actual damage. In respect of distance contracts within the European Union (FAGG gem. VRRL, RL 2011/83/EU) the consumer can withdraw from the contract within 14 working days. The period begins with the day the goods reach the consumer – if services are concerned instead of goods the period begins with the day the service contract is concluded. These provisions do not apply to non-EU countries. The return costs of the purchased goods are to be paid by the consumer.
VI. Withdrawal form
To exercise your right of withdrawal, you have to give us (HI-TECH for Gamers GmbH, 4050 Traun, Johann Roithner-Straße 131, Austria, Phone: 0043 7229 61000) a clear statement of your decision to withdraw from this contract. You can use the attached model withdrawal form for it. This withdrawal form can be found here: withdrawal form. To meet the deadline, it is sufficient that you are sending the message about the right of withdrawal before the deadline . The product is reset such that no reduction of the general value of the power associated with it. The product obtained was taken for several days for several hours in operation, a usage fee and compensation for the reduction in value is charged. If the consumer withdraws from the contract pursuant to this provision, he has to has to contact immediately HI-TECH via [email protected] to arrange a chargeable pickup; if a credit was established for the contract, he has the cost of a required certification of signatures , and charges ( fees) to provide for the granting of credit. For services , starting with their execution as agreed within 14 working days from the conclusion of the contract, a withdrawal is not possible. There is no legal right of withdrawal in respect of distance contracts: a) for the delivery of goods which were produced according to our customer`s specification or were clearly customized according to the customer´s personal needs or which were not suited for returning due to their nature or might have perished quickly or whose expiry date might have been exceeded, b) for the delivery of audio or video recordings or of software, if the electronic data media delivered have been unsealed by the consumer.
Effects of withdrawal: If you withdraw from this contract, we have you to repay you all payments we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have a type of delivery other than that offered by us, have chosen lowest standard delivery) and immediately and no later than fourteen days from the date on which the notification of your cancellation of this contract with us is received.
For the repayment, we use the same means of payment that you used in the original transaction unless expressly agreed with you otherwise; in no event we will be charged fees for this repayment.
For contracts concluded using means of distance communication (eg e-mail), § 7 para 2 FAGG is valid.
VII. Costs of reminding and collection
In case of delay the contractual partner (customer) is obliged to replace the creditor´s costs of reminding and collection, as long as they are necessary for an adequate prosecution. In particular, the customer is obliged to replace at most those costs of a collection agency which result from the order of the BMwA concerning maximum rates of the costs of collection agencies. If the creditor does the dunning himself the debtor is obliged to pay an amount of € 10,90 for each sent reminder and an amount of € 10 for every six months for keeping the obligation on file.
VIII. Special delivery, transport, default of acceptance
Our prices do not include special delivery, installation or set-up costs. On request, however, these services are organized by us for separate payment at the risk and risk of the customer. For transport or special delivery, the actual costs incurred include a reasonable administration fee. At a minimum, the applicable or customary freight and freight charges on the day of delivery will be charged for the chosen mode of transport. Installation work is calculated according to the time required, whereby an industry-standard hourly rate is agreed. If the customer has not accepted the goods as agreed (default of acceptance), we are entitled after a grace period either to store the goods with us, for which we charge a storage fee of 0.1% of the gross invoice amount per calendar day started, or at the expense and risk store the goods with an authorized business person. At the same time, we are entitled either to insist on fulfillment of the contract or to withdraw from the contract after setting a reasonable grace period and to reuse the goods elsewhere.
IX. Time of delivery
We are obliged to carry out our services only after the customer has fulfilled all duties required, especially all technical and contractual details, preliminary work and preparatory measures. We have the right to exceed the dates agreed and times of delivery by up to a week. Only after this period the customer can withdraw from the contract after setting an appropriate time limit.
X. The place of performance
Is the seat and head office of our company: HI-TECH for Gamers GmbH: 4050 Traun ( Austria ) Johann Roithner-Straße 131
XI. Minor modifications to our services
If the contract concerned has nothing to with the consumer business, minor or other reasonable changes in our duties of service and delivery are to be regarded as approved. This applies especially to deviations due to the nature of the object (e. g. dimensions, colours, the image of wood and veneer etc.).
XII. Warranty and the obligation to examine and give notice of defects
We choose to respond to all kinds of warranty claims of our customers either with an exchange, a repair within an appropriate period of time or with a price reduction. An annulment can only be demanded by the customer if the defect is essential, cannot be removed by an exchange or repair and the customer cannot be expected to accept a price reduction. A customer´s claims for damages that aim at removing the defect by improvement or exchange can only be notified if we are late in fulfilling the warranty claims. Warranty claims concerning movable items must be brought before a court within 6 months after the delivery. If the customer claims that there is a defect, warranty claims and claims for damages resulting from that will only be acknowledged by us if the customer proves that the defect has already existed at the time of the delivery of the product. This applies also within the first 6 months after the delivery. If there is an enterprise-related business the customer has to examine the product immediately after the delivery, at the latest within 6 working days. Any defects found have to be notified to us in writing immediately, at the latest within 3 working days – with a precise statement of the kind and scope of the defect. Hidden defects have to be complained about in writing immediately, at the latest within 3 working days after their discovery. If a notice of defects is not submitted in good time, the product is regarded as approved. In any case our obligation to provide a warranty expires with the end of the warranty period. A special recourse of the customer in accordance with § 933b ABGB (General Civil Code) because of obligations under warranty fulfilled by the customer himself is excluded.
XIII. Damages and compensation
All claims for damages are excluded in cases of slight negligence.This does not apply with personal injuries and with consumer business in cases of damage to goods taken over for adaptation. The injured party has to prove slight or gross negligence unless this is a consumer business. Unless this is a consumer business the limitation period of claims for damages is 3 years after the transfer of risk. The statements on damages included in these business conditions or agreed in some other form also apply in cases when a claim for damages is filed in addition to or instead of a warranty claim. Before the installation or transport of IT products and before the installation of computer programmes it is the customer´s duty to sufficiently secure the data already existing in the computer system or else he will have to bear the responsibility for lost data and for all damage connected with that.
XIV. Product liability
Recourse claims in accordance with § 12 Product Liability Law are excluded unless the person entitled to recourse can prove that the defect has been caused on our side by at least gross negligence.
XV. The reservation of proprietary rights and its enforcement
All goods are delivered by us under reservation of proprietary rights and remain our property until they have been paid in full. The enforcement of the reservation of proprietary rights can only be seen as a withdrawal from the contract if this is explicitly notified. If goods are returned we are entitled to invoice the expenses for transport and manipulation. If the goods are accessed by third parties – especially in cases of seizures – it is the customer´s duty to point out that this is our property and to inform us immediately. If the customer is a consumer or a businessperson who does not deal in the products bought from us in his proper business operations, he is not allowed to dispose of the products - especially sell them, pledge them, give them away or lend them to some other person - until the products have been paid in full. The customer bears the full risk for the products, especially the risk of destruction, loss or deterioration
XVI. Assignments of claims
In cases of deliveries under reservation of proprietary rights the customer alreadxy now cedes his claims towards third parties to us for payment purposes, as far as they arise by sale or the processing of our gooods, until our claims have finally been paid. The customer has to give us the names of his purchasers on request and inform them about the assignment in good time. The assignment has to be entered in the account-books, especially in the list of „Open items“, and made evident for the purchaser on delivery notes, invoices etc. If the customer is in arrears with his payments to us, the sales revenue received by him shall be separated from others and he shall only hold these on our behalf. Within the limits of § 15 of the insurance contract law any claims towards an insurer have been assigned to us already now. Claims against us must not be ceded to some other person without our explicit consent.
XVII. Withheld payments
If this is not a consumer business and his complaint is justified, the customer is not entitled to withhold the whole but only an appropriate part of the gross invoice amount – cases of reversal of purchase are exempt.
XVIII. The choice of law, the place of jurisdiction and dispute resolution
Austrian law shall apply exclusively and the UN law relating to contracts is excluded explicitly. The language used in our contracts is German. The contractual parties agree on Austrian national jurisdiction. If this is not a consumer business, the court officially responsible at the seat of our business/company shall decide on all disputes originating from this contract on an exclusively local basis. We are neither willing nor obliged to participate in dispute resolution proceedings before consumer complaints authorities.
XIX. Data protection, change of address and copyright
The customer gives his consent to the fact that the personal data contained in the contract will be stored and processed by means of IT by us for the sole purpose of fulfilling this contract. It is the customer´s duty to inform us about changes of his home address or business address, as long as the legal transaction subject to this contract is not completed on both sides. If he fails to do so any statements have to be regarded as submitted if they have been sent to his latest known address. Plans, sketches and other technical documents as well as samples, catalogues, brochures and illustrations and the like will remain our intellectual property. The customer will not receive any kind of work use and exploitation rights.