1. General – Scope
a) The following general terms and conditions (GTC) apply to all business relationships between the company Rausgebrannt eU Bernhard Rameder, FN 298230z of the HG Vienna and the customer, hereinafter referred to as “Rausgebrannt” for short. The version valid at the time of the conclusion of the contract is decisive.
b) “Consumers” are consumers within the meaning of the Consumer Protection Act (KSchG) and thus natural or legal persons who are not entrepreneurs.
c) “Entrepreneurs” are natural or legal persons or partnerships with legal capacity for whom the contract in question is part of the operation of their company. “Companies” are all organizations of independent economic activity that are set up on a long-term basis, regardless of whether they are aimed at profit.
d) “Customers” are both consumers and entrepreneurs. Deviating, conflicting or supplementary general terms and conditions, even if they are known, are not part of the contract, unless their validity is expressly agreed in writing. It is agreed that if the customer uses the terms and conditions, in case of doubt the terms and conditions of the company Rausgebrannt are to be assumed, even if the customer’s terms and conditions remain unchanged.
e) Contract fulfillment actions by the company Rausgebrannt do not count as consent to deviating terms and conditions of the customer.
2. Conclusion of the contract
a) Offers from Rausgebrannt are subject to change and non-binding. We reserve the right to make technical and other changes within reason.
b) With the order, the customer declares his binding offer to enter into a contract. In the case of electronic orders, receipt of the order can be confirmed within a reasonable period; However, the confirmation of receipt does not constitute a binding acceptance of the order by Rausgebrannt. The confirmation of receipt only represents a binding declaration of acceptance if this is expressly declared by the Rausgebrannt company.
c) The company Rausgebrannt is entitled to refuse the acceptance of the order – for example after checking the creditworthiness of the customer.
d) The conclusion of a contract with companies is subject to the proviso that in the case of incorrect or incomplete self-delivery, not or only partially.
e) Documents made available by Rausgebrannt, such as brochures, catalogs, samples, presentations and the like, remain their intellectual property.
f) Any use, in particular forwarding, duplication, publication and making available, including copying even in extracts, requires the express written consent of Rausgebrannt.
g) If an order is placed electronically, the text of the contract can be saved and processed by Rausgebrannt in accordance with the statutory provisions.
3. Retention of title
a) In the event that the company Rausgebrannt is supplied by third parties, the Rausgebrannt company retains ownership of the goods it has processed; this until full payment by the customer. The customer is obliged to treat the goods with care for the duration of the retention of title. The customer must inform the company Rausgebrannt immediately in writing of all access to the goods by third parties. The customer has to reimburse all damage and costs that arise from a breach of this obligation and from necessary intervention measures against access by third parties to the goods.
b) The company rausbrntnt is entitled to withdraw from the contract and demand that the processed goods be returned if the customer acts in breach of contract, in particular in the event of default in payment. We reserve the right to assert further claims.
c) The entrepreneur is entitled to resell the goods processed by the company Rausgebrannt in the ordinary course of business.
a) Prices are non-binding and subject to change. In legal dealings with entrepreneurs, prices are net prices plus statutory sales tax.
b) All prices, including gross prices to consumers, do not include any shipping, delivery and transport costs as well as other cash expenses. The customer bears the risk and costs of transport to and from the company Rausgebrannt without exception.
c) Invoices are to be paid upon delivery of the processed goods in cash or within 7 working days by bank transfer without deduction. After this period has expired, the customer is in default of payment. The company Rausgebrannt reserves the right to exclude individual payment methods such as credit cards.
d) During the delay in payment, the consumer owes the amount of 4% to interest. The consumer undertakes to pay a lump sum for collection costs of € 60, – incl. VAT per due account.
e) The consumer has a right to offset only in the event of the insolvency of the company Rausgebrannt or for counterclaims that are legally related to the liability of the consumer, which have been determined by a court or recognized in writing by the company Rausgebrannt.
f) During the delay in payment, the entrepreneur owes the money in the amount of 8th% to pay interest above the base rate. The company Rausgebrannt reserves the right to prove and assert higher default interest damage to the entrepreneur. The entrepreneur undertakes to bear all costs and expenses associated with the collection of the claim, such as in particular collection expenses or other costs necessary for appropriate legal prosecution, such as in particular legal fees.
g) The entrepreneur only has the right to offset if his counterclaims have been legally established or have been acknowledged in writing by the company Rausbrrannt. The entrepreneur is not entitled to withhold payments.
5. Transfer of risk
a) The risk of accidental loss and accidental deterioration of the goods is transferred to the customer when the goods are handed over or, in the case of mail order purchases, when the goods are handed over to the person responsible for carrying out the shipment.
b) The handover is the same if the customer is in default of accepting the goods.
c) When downloading and sending data via the Internet, the risk of loss and changes to the data is transferred to the customer when the network interface is exceeded.
6. Limitation of Liability – and Indemnification
a) The company Rausgebrannt assumes no liability for glasses, electronic devices, watches, jewelry, writing implements and other valuables handed over for laser engraving. In this case, the takeover for engraving takes place at the express request and at the customer’s own risk.
b) In addition, the liability of the company Rausgebrannt is limited to intent and gross negligence.
c) Liability for slight negligence, compensation for consequential and pecuniary damage, savings not achieved, loss of interest and damage from third party claims against the customer are excluded.
d) The company Rausgebrannt is only liable for its own content on their websites. As far as access to other websites is made possible by links, the company Rausgebrannt is not responsible for the third-party content contained therein. The company Rausgebrannt does not adopt third-party content as its own.
7. Final provisions
a) Austrian law applies. The provisions of the UN sales law do not apply. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
b) The place of jurisdiction for all disputes arising directly or indirectly from the contract is agreed to be the locally and materially competent Austrian court for the headquarters of the company Rausgebrannt.
c) Should individual provisions of the contract with the customer, including these general terms and conditions, be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The completely or partially ineffective regulation will be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one.