ALARM-SHOP.com
Lan Pham-Lang Handelsagentur
A-9500 Mittewald ob Villach / Austria, Bleibergerstraße 185
USt-IDNr.: ATU47042007
1. Preamble
All concluded services in our Online-Shop are subjected exclusively on the basis of these general terms of business. Orders can only be made if there was a confirmation that the general terms of business have been read and that the following act in law has been accepted legally binding.
2. Offers, Orders
a. Our offers are always subject to confirmation. The contract will only come off if we confirm the order in written or actually deliver according to the order.
b. We are not bound to accept an order and we are allowed to reject it without indicating the reasons. With regard on this, that electronic orderes could not have been trasmitted, the orderer can not grant that the order has reached us, before we do not confirm the receiving or actually deliver according to the order.
c. Our variety of goods will be continously completed and adapted to the technical developement. We formally are subjected to deliver goods which are technically or optically altered, as long as these goods are confrontable to earlier versions which will still be offered in the Online-Shop, with regard to its usability.
d. Confirmations, additional agreements, modifications of the contract as well as explanations of the representatives require our confirmation in written.
e. If the conditions (especially material, meed, fright, taxes) of the pricecalculation between order and delivery will be modificated to our disfavours, we are autorized to adapt the prices according to it. In this case we will informe the orderer.
f. All offers are valid until goods are on store.
g. Sending you order, you declare legally binding to aquire the orderd goods.
h. Sentences and misprint in the Online-Shop are formally reserved.
3. Prices, Payment conditions
a. Indications of prices are exclusively made in Euro. Packing is included in the price but delivery costs are not included.
b. The prices are net prices on which you have to calculate the statutory value added tax.
4. Delivery terms, Delivery deficiency, impossibility
a. The specified terms of delivery starts with the acceptance of order, but not before the compleate furnishing of the orderer's documents, approvals, clearances and so as the receivement of the down-payment.
The keeping of the terms of delivery by ourselvers supposes in every case the compliance of the duty under the contract by the orderer.
b. The terms of delivery is clammed until the object of delivery has left our store or the delivery readyness has been comunicated to the orderer. Additional modifications or requirements of supplementation will extend the according term of delivery. The same applies in accession of due to obstacles beyond control, which are outside of our sphere, for example force majeure, strike, lock out, delay of the delivery of raw materials, materials or ingredients. The same applies if the nominated circumstances arise at our subcontractors. These circumstances are also not represented by us, if they arrise during an already presented delay.
c. Is there present an delay of the delivery terms without one's fault by us, the orderen is allowed to put an appropriated additional respite on written, with the evidence, that he will decline the acceptance of the contract object after axpiration of the deadline.
After the expiration of the additional respite without success, the orderer is allowed to go out of the contract. Furthermore claimings will be excluded unless that there is present a resolution of gross negligence.
The same applies in case of impossibility of delivery by us.
5. Passage of risk, assurance, packing
a. If the delivery is delaying cause of circumstances which are rapresented by the orderer, the danger comes over to the orderer from the day of the diposition of the delivery.
b. Delivered goods must be accepted from the orderer irrespective of his right of warranty also when they show immaterial defects.
c. The packing is effected safely and accurately. Special requests refering to the packing or an eventually inscurance for the transport will be put separately in the invoice.
6. Delayed acceptance, order on call
a. Does the orderer not accept the contract object in time so we will put him the appropriated additional respite. Elapses also this acceptance of the goods, we are autorized to keep the goods, without loosing our demand of payment.
b. Orders which have to be confirmed by us on call, have to be accepted within two months from the order unless nothing else has been accorded.
7. Installation of the systems
a. As a basic principle it is not contract object to install the goods delivered by us. This is only our duty after a additional agreement
b. We do not response for systems not installed by us.
8. Reservation of title, assignment of claim
a. The delivered goods remain our property until the complete payment and all outstanding accounts of the business connection, especially the change of payments has been effected. This applies also in case of the treatment of our goods. At a blending and a connjunction with other goods our joint tenancy applies to us with conditions of the invoice value of our goods at the time of the working up, connection and connjuction.
b. The orderer is not allowed to alienate our provisios goods, wether dispose about our provisios goods (for example pledge).
c. At pledge or other derogation of the provisios goods by a third party, the orderer has to inform us immediately. All costs araising to us bears the orderer.
9. Warranty, Non-warrantee, secondary duties
a. The rights of waranty of the orderer are under conditions that this one has complied duly his examination and censure obligations.
b. Identifiable defects after the receivement of the delivery and hidden defects are to claim on written imediately after the detection.
c. If a censure defect has been claimed with a reason, payments can be restrained only in a circumference which stands to a appropriate relationship to the presented defects.
d. Warranty is excluded,
aa. as far as the orderer changes or allows a third part to change delivery objects or capacity objects without our admission, unless, he proves that the mentioned defects have not been caused by himself or by a third party and
bb. for damages, which have been caused by improper using, errored mounting by the orderer or by a third party, natural abrasion, defective or careless treatment or maintenance, improper equipment or materials, defective building work, chimical, electrochimical or electrical influences or other influences (for example water, frost, hotness).
e. We response for defences which have been claimed in time, to which belong also the absence of ensured attributes as following:
aa. All that parts which brought out, that cause of a circumstance before passage of risk, especially of the construction, bad materials or defective achievement have been useless, are to change gratuitous or to deliver new at our option. Other trials of rework or new deliveries are acceptable. Replaced parts will be our property.
bb. For under taking all necessary updates and replaced deliveries by us, the orderer has to give us the required time and possibility, otherwise we are liberated from the defectiveness.
f. If a rework or a replacement is not possible or is failed or is held up unreasonable, the orderer ask for the back implementation of the contract or a degradation of the price. Excluded are (as far as statutory admitted) all ulterior requirementes of the orderer (contractual and not contractual) against us and our assistants of compliance, including requirements of compensation cause of indirect and direct damages, lost profit and from the implementation of the warranty, as far as ther is not presentet gross negligence or intention respectivel the absence of ensured influences by us.
g. The client does not receive guarantees in the state of right from us. Guarantees from the producer will be inviolated by this. In view of the period of time of the guarantee are applied the statutory cases.
h. As far as it does not result other, ulterior requirements of the orderer – regardless of which reason of right – are excluded.
We do not responde for demages which did not arrise on the deliver or capacity object himself. Protrusively liberation of warranty is not applied as far as the cause of the damage is based on resolution or gross negligency. It is not applied when the orderer cause of an error of a ensured attribute applies on claim of damages cause of default.
i. As far as we hurt negligencly a duty under contract duty, our replace duty is bounded for damages on persons or things on the amount of coverage of our insurance of the activity. We are on check to grant the orderer an insight on our policy if required.
j. The deadline of granting are also statutory periods of limitation and are also applied for requirements on replacement of consequential damages of defences as far as there have not been applied requirements on forbidden attitute.
k. The proximate regulations are not applied for requirementes according to product liability law. The same is applied at initially impotency or impossibility.
l. As far as our liability is excluded or bounded, the same is applied on the personal liability of our staffs, employees, assistants, agents and assistens of compliance.
10. Trademark right, tools, manuals
a. Suggestions and offers in any form made by us are our property and it is not allowed to comunicated to a third party without our consent.
b. The objects of the activity, especially tools, equipments, manuals ecc. which have been used by us to produce the contract object in assignement of the orderer will remain our property also if they have been calculated a part or if the orderer has contributed at the costs and they also will not be handed over at the end of the contract, as far as it was not stipulated formally.
11. Data protection
Datas of our clients which are mentioned in the contract will be used for reasons of bookkeeping and they also will be stored and worked up for client's evidence. Datas will be for fullfilling of the statutory instructions, for the transaction of the payment and for reasons of pubblicity. Datas will be treated according to the dataprotection law and they will not be comunicated to a third party. For supplementary information about data protection we kindly ask you to apply to the company management.
12. Validity, place of performance, applicable right, venue
a. Place of performance for deliveries and payments is he company headquarters.
b. It applies exclusively the right of the austrian reppublic. The worth of the consistent and international law of sale (EKG and EKAG) will be excluded.
c. If there should cash individual determinations of this general terms of business with the applied right, other determinations will not be touched.
On this juncture are understood such which come close to the primordially sense and point and meet the staturtory right.
d. At venue for all direct and indirect differences which have been arised from the contract, exclusively that for Vienna locally and factually law is responsible. If the client is consumer in sense of the KSchG, there will be applied as explained the competence of that law in which the domicile, the fit, a industrial premises, the usual layover or the place of employment of the client is setteled.
We are authorised to claim the client also in his general legal domicile. |