General Terms and Conditions (GTC)
GENERAL TERMS AND CONDITIONS OF TK-DESIGN UND ENTWICKLUNG E.U., Weiglgasse 8 Block B/6, Tür R06 | A-1150 Wien
1. GENERAL INFORMATION, FIELD OF APPLICATION
TK-Design und Entwicklung e.U. (TK in short) bases these general terms and conditions (GTC) on all its delivery contracts with customers. Unless any special agreements or conditions have been agreed upon and confirmed by us expressly in writing, the following GTC shall apply, with which the customers expressly declare themselves agreed when placing the order. The customer’s own contractual conditions are not recognised by TK.
2. QUOTE AND CONCLUSION OF CONTRACT
All TK’s quotations are non-binding. Quotes and cost estimates are non-binding. The contract is said to be concluded upon receipt of the order and dispatch of written order confirmation by TK. TK is not obliged to accept an order from the customer. TK shall immediately inform the customer about it if necessary.
All contracts and their modifications must be in writing. The customer cannot derive any rights whatsoever from the contents of catalogues, advertising pamphlets and websites of TK.
The TK prices according to the currently valid price lists as well as all the TK price quotations, whether in writing or verbal, are subject to change and are understood to be net ex works.
The prices on the website www.mute-tube.com are final prices in EURO. In case of changes in the VAT rate, the prices will be changed accordingly.
The prices given in the shop or catalogue are final prices in EURO and may increase or decrease at any time.
4. PAYMENT CONDITIONS
The accounting takes place immediately upon or after delivery.
The payment can be made in advance, via PayPal, or on open account for certain regular customers. The payment deadlines for the customers are indicated by TK in the order confirmation or the invoice. Payments are due without deduction and free of charges.
The reminder fee for late payment is € 6 per reminder. In addition, interest at the rate of 3% p. a. must be paid.
Furthermore, a debt collection company may be assigned with debt collection. Any costs incurred by the collection company will be charged to the customer.
For orders involving multiple units, the contractor is entitled to submit an invoice after the delivery of each unit or service.
5. DELIVERY, TRANSPORT RISK AND DEADLINES
5.1 Delivery costs
For online orders, the delivery, shipping and packaging costs are listed before sending a payable order. The delivery of the product takes place at the expense of the customer.
5.1 Scope of delivery
The respective scope of delivery results from the offer documents as well as from order confirmation.
5.2 Risk transfer
In case of free delivery, the risk is transferred to the customer as soon as the product is delivered to the consumer or to a third party specified by the consumer. Transport damage must be reported and complained directly to the shipping service provider and TK immediately when the customer sign the receipt. In the case of delivery ex works, the risk is transferred to the customer as soon as the product has been handed over by TK to the courier for loading.
Transport insurance for the to and fro transport of product is not covered by TK. It will only be initiated by TK if TK has been requested to do so in writing; the buyer is responsible for the costs incurred.
5.3 Delivery deadlines
Delivery times are non-binding unless they have been expressly agreed in a contract. Unless otherwise agreed, the delivery period begins on the day of payment.
In general, the delivery times within the EU are 30 days and for deliveries to non-EU countries 60 days.
If the delivery is delayed due to a circumstance on the part of the seller, such as force majeure, fire, labor disputes, delay in customs clearance, obstruction of the transport routes, etc., a reasonable extension of the delivery period is guaranteed. It is irrelevant whether these conditions occur with us or with one of our subcontractors.
6. RETENTION OF TITLE
Delivered product remains the property of TK until full payment of the purchase price by the customer.
The product is generally delivered in TK packaging.
The warranty period for TK's products and services is twelve (12) months.
8.2 Notice of defects
The products and services of TK must be checked immediately after delivery. Defects must be immediately reported in writing.
Delay in checking and fining a complaint leads to the loss of any warranty and damage claims.
Further processing or modification of the delivered products is considered as acceptance of correct delivery. The existence of a defect does not entitle the contractual partner to rectify the defect by himself or by a third party. TK must be given the opportunity to improve it within a reasonable period of time.
When exchanging a product within the scope of the warranty, it is agreed that the exchanged product shall become the unrestricted property of TK.
The customer must complain of damage on the way or incomplete deliveries to the delivery company responsible within a reasonable time.
Minor differences in the degree of processing are not considered defects and must be accepted.
9. DAMAGE COMPENSATION AND PRODUCT LIABILITY
TK is subject to statutory product liability. TK is not liable to third parties. The customer undertakes to pass on all warnings, information and operating instructions drafted by TK to its customers.
TK maintains a liability insurance adapted to the general business risk.
10. CANCELLATION RIGHT AND RETURN POLICIES (CANCELLATION POLICY)
10.1 Cancellation right
The customer has the right to cancel a concluded contract with TK for products or services within seven (7) days (from the day on which the customer has taken possession of the product).
In order to exercise the right of cancellation, the customer must inform TK of his decision to withdraw from the contract. This notice must be sent to the following address:
Letter: TK-Design and Development e.U., Weiglgasse 8 Block B/6, Tür R06 | A-1150 Wien
10.2 Consequences of cancellation
In the event of a cancellation by the customer, all payments (excluding delivery costs) that TK has received from the customer must be repaid within fourteen (14) days (from the date on which the customer informed TK of the cancellation).
The repayment will be made by bank transfer to a bank account specified by the customer. TK can refuse the repayment until the product is received again.
The customer is required to return the product immediately or at the latest within fourteen (14) days (from the day on which the customer informed TK of the cancellation).
10.3 Return and return costs
In the case of a cancellation, the customer is obliged to pay for the costs of delivery. The customer is liable for the return of goods in the event of loss or damage to the goods, i.e. the customer bears the return shipping risk.
The product must be returned in immaculate condition and in an orderly way to TK – Design and Development e.U. Weiglgasse 8 Block B/6, Tür R06 | A-1150 Wien. Additional costs in connection with the shipment must be borne by the customer.
11. PLACE OF FULFILMENT, JURISDICTION, APPLICABLE LAW
Place of fulfilment is A-1150 Wienfor both parties.
The place of jurisdiction for all disputes arising indirectly or directly from the contract (including bills of exchange or checks) is hereby agreed to be the competent Austrian court for A-1150 Wien. Austrian law is applicable for disputes arising from contracts.
The applicability of the UN Sales Convention is excluded.
Contract language is German.
Should individual provisions of these terms and conditions are or become invalid, this shall not affect the validity of all other provisions of these terms and conditions. The ineffective provision shall be replaced by an effective provision, the content of which comes as close as possible to the purpose pursued by the ineffective clause, according to its economic purpose.
13. DATA PROTECTION
In accordance with the Data Protection Act 2000 (DSG 2000) and the Telecommunications Act 2003 (TKG 2003), TK uses all personal data of its customers that are necessary for the fulfilment of the contractual obligations between TK and its customers.
TK is entitled to use the data referring to the standard application “SA022 customer care and marketing for own purposes” for market research or for marketing purposes or to inform customers about orders, products and offers.