ALLGEMEINE GESCHÄFTSBEDINGUNGEN [General Business Terms and Conditions] (AGB)
I. SPHERE OF APPLICABILITY
(1) These allgemeinen Geschäftsbedingungen (AGB) shall be valid for all online orders, contractual agreements, deliveries and other services from CADS GmbH, Technologiepark 17, A-4320 Perg (hereafter also referred to as “CADS”) in its dealings with its customers.
(2) Any deviating Terms and Conditions of the Customer shall not be recognised by CADS unless CADS has, expressly and in writing, approved their validity.
(3) Any changes to the AGB shall be announced in a newsletter–which can also be viewed on the www.CADS.at website–and shall thus become effective. If the Customer is already registered and does not approve these changes, he may–with immediate validity–demand the deletion of his registration by sending an e-mail to: call@CADS.at.
(4) If individual provisions of these AGB should be rendered, in whole or in part, invalid in accordance with the mandatory statutory provisions, then the provisions of these AGB as a whole shall continue to remain effective.
II. CONCLUSION OF THE CONTRACTUAL AGREEMENT
(1) The displaying of the products in the online shop on the www.CADS.at website shall constitute no legally-binding offer, but rather a non-binding online catalogue. By clicking on the order button, the Customer is considered to be rendering a binding order for the goods contained in the shopping basket. The confirmation of the receipt of the order shall be made together with the acceptance of the order immediately upon its submission via an automated e-mail which states the product, price as well as delivery and payment terms and conditions. By means of this e-mail confirmation, the purchasing agreement shall be considered to have been concluded.
(2) In deviation from Para. (1), CADS shall be at liberty, based upon the Customer’s inquiries, to send the Customer binding offers which have been expressly labelled as such. CADS shall not be obliged to respond with binding offers to inquiries from the Customer. Insofar as nothing to the contrary has been expressly agreed in writing, offers that have been expressly designated as being binding shall have a period of validity of 14 days. The contractual agreement shall be considered to have been concluded either by the Customer placing the binding offer in the shopping basket and then clicking on the order button or rendering his declaration of acceptance in writing or via e-mail to CADS whereby, in this case, the contractual agreement shall only then be considered to have been concluded upon the receipt of the letter or e-mail by CADS.
(3) The contractual languages shall be exclusively German or English.
(4) Between CADS and the Customer, the applicability of Austrian law has been expressly agreed. The United Nations Convention on Contracts for the International Sale of Goods as well as all provisions making reference to the United Nations Convention on Contracts for the International Sale of Goods shall be expressly excluded.
(5) The legal venue is expressly agreed to be the competent court with subject matter jurisdiction for the district of Perg (A-4320). In deviation from this, in the event that the Customer is considered to be a “Consumer” in accordance with the Konsumentenschutzgesetz [Consumer Protection Act] (KSchG), the consumer’s legal venue shall be effective and shall be recognised by CADS.
III. RIGHT OF RESCISSION
For Customers who are considered to be consumers and initiate a legal transaction with CADS via the online shop on the www.CADS.at website, the following shall be valid:
(1) You shall have the right to rescind this contractual agreement within fourteen days without being required to state reasons for so doing.
The rescission timeframe shall amount to fourteen days from the day on which you or your designated third party who is not the carrier takes possession, and/or has taken possession, of the goods–in the event that multiple sets of goods are ordered, this provision shall be applicable to the last set of goods ordered.
In order to exercise your right of rescission, you must notify us of your decision to rescind this contractual agreement by means of a transparent declaration (e.g. a letter sent via the postal service, fax or e-mail) (CADS GmbH, Technologiepark 17, A-4320 Perg, Tel.: +43 7262 9396 3660, e-mail address: email@example.com). In order to fulfil the rescission timeframe, it suffices that you send the notification of the exercising of the right of rescission before the rescission timeframe lapses.
Consequences of the Rescission:
If you rescind this contractual agreement, we shall refund to you all payments which we have received from you–including the delivery costs (with the exception of the additional costs which are incurred in the event that you have selected another delivery method than the cheapest standard delivery method which we offer)–promptly and by no later than within 30 days after the day on which we received the notification of your rescission of this contractual agreement. For this repayment, we shall use the same payment method which you used during the original transaction unless another repayment method was expressly agreed with you; in no case shall you be charged fees for this repayment. We may refuse to make the repayment until we have received the goods back or until you have documented that you have sent back the goods based upon whichever occurs first.
You must send back and surrender the goods (sets of goods) to us (CADS GmbH)–promptly and, in each case, by no later than within fourteen days–after the day on which you notify us of the rescission of this contractual agreement. The deadline shall be considered to have been fulfilled if you send back the goods (sets of goods) before the timeframe of fourteen days lapses.
You must pay the direct costs of the return shipment of the goods (sets of goods).
You must pay compensation for any loss in value of the goods only if this loss of value is attributable to your handling of the goods which was not required for the inspection of the quality, features and functionality of the goods.
(1) That price shall be effective which was valid upon the conclusion of the Purchasing Agreement (cf. II. Para. (1) of the AGB).
(2) All prices shall not include the statutory VAT. For sales to Customers outside of the European Union, no VAT shall be owed. These Customers themselves must remit the respective national import duties. For sales to companies within the European Union, no Austrian VAT shall be owed subject to the documentation of the Value-Added Tax Identification Number (VAT ID No.). These Customers must follow the VAT laws in their country of origin and/or country of residence. Otherwise, the respective national VAT laws shall be valid.
(3) The prices shall be understood to be in addition to the shipping and packaging costs which shall be announced to the Customer before the order is submitted. The prices shall not include the costs billed by third parties.
(4) The delivery to the Customer by CADS shall be made against advance payment (wire transfer, payment via PayPal or by bank transfer). Is advance payment via wire transfer has been agreed, then the payment shall become payable without any discounts within one week’s time after the conclusion of the Purchasing Agreement (cf. II. Para. (1) of the AGB). In the case that the goods have a value of more than EUR 1,000 and based upon a special written agreement concluded between the Customer and CADS in the individual case, the payment may be made on account which shall become payable without any discounts within one week’s time after the conclusion of the Purchasing Agreement (cf. II. Para. (1) of the AGB).
(5) The payments shall be rendered in euro.
(6) The statutory interest and payment default interest shall be respectively 4 % per year for consumers and 8 % per year for entrepreneurs.
(1) The delivery shall be made to the address provided by the Customer unless a deviating delivery address has been agreed. Deliveries are possible exclusively to addresses in the following countries: European Union.
(2) CADS reserves the right to make partial deliveries.
(3) Any data provided regarding delivery timeframes shall be considered to be non-binding unless a binding delivery timeframe has been expressly agreed between CADS and the Customer.
(4) Risk and coincidence shall be transferred when CADS sends the shipment. In deviation from this, for shipments to consumers in accordance with the KSchG, risk and coincidence shall be transferred upon the Customer’s receipt of the goods.
VI. LIABILITY AND WARRANTY
(1) During the warranty timeframe, the Customer shall have the right to the rectification or replacement of the defective goods. If a defect is not eliminated within an appropriate timeframe, the Customer shall have the right to rescind the contractual agreement or demand a reduction in the purchase price.
(2) CADS shall, on the www.CADS.at website, provide links to external websites in order to enable the Customer to search for relevant goods and services. CADS shall not be liable for the content of these external websites.
(3) Insofar as the Customer is not considered to be a consumer in accordance with the KSchG, the following shall be applicable: Any liability upon the part of CADS–regardless of the legal reason–shall be excluded for simple negligence as well as for consequential damages (for defects), indirect damages, losses or lost profits. Moreover, any damage compensation claims asserted against CADS shall be limited to a liability amount of EUR 15,000. Any damage compensation claims must be asserted in court within twelve months’ time or they shall otherwise be forfeited. The warranty timeframe shall likewise be twelve months. Otherwise, the statutory provisions shall be valid.
VII. RESERVATION OF OWNERSHIP, OFFSETTING
Until payment in full has been made for all payment claims held by CADS against the Customer, the goods shall remain CADS’ property. The offsetting of payment claims held by the Customer against CADS shall be excluded. In deviation from this, an offsetting by the Customer, who is a consumer in accordance with the KSchG, shall be permissible in the case of insolvency or for counterclaims which have a legal correlation to the payment claim and have been upheld in court or have been acknowledged by CADS.
(1) All data entered by the Customer on www.CADS.at shall be stored by CADS; this shall be done particularly for the purpose of the management of the contractual agreements, safeguarding of customer-specific access, compilation of statistics, etc.
(2) The Customer expressly approves that he shall be notified in the future by CADS, as well as by the manufacturers and dealers of the goods procured by the Customer via CADS, of goods and services via post, telephone, fax or e-mail. This approval may be revoked by the Customer at any time by sending a letter to CADS or by sending an e-mail to: firstname.lastname@example.org.
(3) Moreover, the Customer hereby also approves that the data in accordance with (1) may be passed on by CADS to third parties for advertising purposes. This approval may be revoked by the Customer at any time by sending a letter to CADS or by sending an e-mail to: email@example.com.