I. Validity of these General Terms and Conditions
These General Terms and Conditions (hereafter referred to as “GTC”) apply to all contracts which are entered into by means of the on-line shop by and between Andrea Watzl, Plug-in Furniture Systems, and the respective customer(s). The following GTC apply to both consumers and business clients insofar as this is not excluded explicitly. Consumers are all-natural persons, who enter into a transaction, which can neither be assigned to his or her commercial nor self-employment activity.
II. Conclusion of the Contract
The product presentation on the website does not represent any offer in the legal meaning of the word. It is an invitation for the customer to make an offer himself/herself. The offer, in the legal meaning of the word, is made by the customer placing his/her order.
Andrea Watzl, Plug- in Furniture Systems, will send, upon receipt of the order, a confirmation e-mail to the e-mail-address provided by the customer, in which the receipt of the order will be confirmed and its content reproduced (hereafter referred to as “Order Confirmation”). The Order Confirmation is not deemed to represent an acceptance of the customer´s purchase offer by Andrea Watzl, Plug- in Furniture Systems. The acceptance of the offer by Andrea Watzl, Plug- in Furniture Systems, is explicitly made in a separate e-mail. Should Andera Watzl, Plug- in Furniture Systems decline to conclude the contract, the customer will be notified immediately.
III. Instructions on the right to revoke
(the terms and conditions listed below exclusively apply to consumers)
Insofar as the customer is a consumer he/she has the right to revoke this contract within fourteen days without providing any respective reasons. The revocation period is fourteen days beginning on the day on which you or a third party designated by you, with exemption made to the logistics company, took or take possession of the goods.
To exercise his/her right to revoke the contract the customer shall inform Andrea Watzl, Plug- in Furniture Systems by unequivocal statement (e. g. by mail, telefax or e-mail) about his/her decision to revoke this contract. To comply with the deadlines of the revocation period it is sufficient that the customer sends the notification regarding the exercise of the right to revoke before the revocation period expires.
IV. Rescission from the contract
In event of default regarding the acceptance of the delivered goods by the customer or because of other valid reasons, especially in case of bankruptcy or insolvency or bankruptcy dismissal in default of assets, as well as default regarding payments to be made by the customer, Andrea Watzl, Plug-in Furniture Systems has the right to rescind the contract.
All prices are inclusive and include all packing costs as well as the legally applicable VAT.
Shipping costs are incurred separately and are not included in the price.
Prices are stated and invoiced in EUR.
VI. Terms and conditions regarding delivery
Unless otherwise agreed, the delivery is made to the address the customer provided upon placing his/her order.
The delivery time amounts to six weeks. In case of prepayment the delivery term begins after receipt of the respective amount in the bank account of Andrea Watzl, Plug- in Furniture Systems. In case of cash on delivery or purchase on account the delivery term begins one day after the day of the conclusion of the contract. In all other cases the term of delivery begins one day after the receipt of the order.
Should goods get damaged during transport the customer must immediately notify the logistics company about this event and claim damages against said company.
Andrea Watzl, Plug- in Furniture Systems is under no circumstances liable for delivery problems regarding their suppliers or manufacturers. If the delivery or the compliance of the delivery term agreed upon should become impossible, for reasons outside the scope of liability of Andrea Watzl, Plug - in Furniture Systems, Andrea Watzl, Plug - in Furniture Systems has the right to rescind from the contract, in part or as a whole. Andrea Watzl, Plug - in Furniture Systems will immediately notify the customer. Any damage claims are excluded in these circumstances. The customer will be notified about any existing delivery limitations before starting the order process.
In the process of shipping the goods the risk for loss or damage of the goods will only be passed on to the customer after the goods are handed over to her/him or to a third party designated by the customer, who is not the logistics company. Should the customer enter into an alternative transport agreement himself, and not select one of our proposed shipping options, the risk for loss or damage passes to him/her upon handing of goods over to the chosen logistics company.
VII. Terms regarding import, customs and exportation
Upon placing his/her order the customer must comply in all cases with the terms and conditions and rules regarding imports and customs of his/her respective country.
The customer bears all risks arising as a consequence of illegal shipping of goods abroad, non-compliance with import terms and conditions and customs of a third country (including transit regulations), the wrong or insufficient completion and provision of customs declarations, of the green customs sticker or other accompanying documents as well as of non-compliance with regulatory terms and conditions regarding exportation. The same applies to damages, which may occur to the sender as a consequence of the loss of exercising damage claims, if the goods are confiscated by the customs authorities of a third country. The customer is obliged to get all the necessary information on his/her own initiative by consulting the recipients of the goods themselves, the official representatives of the receiving countries of the delivery or the official representatives of transit countries, the foreign trade authorities, chambers of industry and commerce or other equivalent entities.
VIII. Due date and retention of title
The full cost of goods is payable at the latest upon delivery.
Delivered goods remain the property, unless payment has been made in full, of Andrea Watzl, Plug- in Furniture Systems.
In the event of default of payment by the customer Andrea Watzl, Plug- in Furniture Systems has the right to claim the legally due default interest. The legally applicable interest rate for money claims between companies regarding company related transactions is eight per cent above the base interest rate. The legally due default interest rates between consumers and businesses are four per cent above the base interest rate.
In case of default caused by the customer regarding payments or other undertakings, Andrea Watzl, Plug - in Furniture Systems - regardless of any additional rights - has the right to withhold the delivery until the performance of the consideration agreed upon under maintaining the ongoing term of delivery or, after the end of a reasonable period of grace, to rescind from the contract claiming compensation for the damages arising of the non-fulfilment of the contract. In this event, the customer has the obligation to return to us immediately all delivered items at his/her own costs. The exercise of any claims regarding compensation for damages caused by devaluation, use, compensation for special costs of transport and other issues remains reserved.
The customer undertakes, in case of breach of his/her contractual obligations, to compensate Andrea Watzl, Plug - in Furniture Systems, for all costs incurred by Andrea Watzl, Plug - in Furniture Systems, as a result of said breach.
Unless otherwise agreed upon, the general legal rules apply.
X. Disclaimer of liability
All claims regarding compensation for any damages are excluded in the event of slight negligence. Said term does not apply to personal damages and in case of transactions with consumers to damages regarding objects which were accepted for treatment or adaptation. In the event of slight or gross negligence, the party who suffers the damage has the burden of proof, with exemption made for consumer transactions. In the event of not being a consumer transaction, the prescription period of claims regarding compensation for damage is three years after the transfer of risks. The terms and conditions for compensation for damage agreed upon herein, or otherwise agreed upon, apply even when the compensation claim is concurrent with any warranty claims being exercised.
XI. Right of retention
In the event of a consumer transaction, the customer, in case of justified complaint, with exemption made for the cases of the unravelling of the contract, does not have the right to retain the whole gross amount but only a reasonable part of it.
XII. Data protection
The data necessary for the processing of orders are recorded by electronic IT equipment. In no case will any financial data be passed on or disclosed to third parties. In the event of credit card payments, the relevant data necessary for the processing of the payment, will be forwarded to the corresponding credit card institution. The ordering customer agrees to receive further information from Plug-in Furniture Systems to be sent to the respective addresses used during the order placing process. This consent may be revoked at any time.
Andrea Watzl, Plug - Furniture Systems, is the copyright owner regarding all products, which are published on this website http://www.pifs-world.com
XIV. Governing law, jurisdiction
Austrian law applies. The application of the UN Sales Law (United Nations Convention on Contracts for the International Sale of Goods) is explicitly excluded. The contract language is German. The parties agree upon Austrian jurisdiction. If the transaction is a non-consumer transaction, the resolution of any arising conflicts is assigned to the court of jurisdiction which is locally, and in terms of content of the relevant matter, competent for the registered office of Andrea Watzl, Plug- In Furniture Systems.
XV. The place of performance for transactions with other companies
The place of performance for all services under these terms and conditions is our registered office.
Deliveries and declarations of intent shall be made, unless notification of a different address is received in a timely fashion, in a legally binding way, to the address the customer submitted upon placement of the order. The customer is obliged to submit the main information required upon conclusion of the contract in a complete and correct way. In case of incorrect, incomplete or ambiguous instructions by the customer, he/she shall be liable for all costs that may be incurred thereby. The customer is obliged to inform us immediately and in writing about any change of names, addresses or residence. If he/she does not comply with this term, he/she will be held liable. In case of omission, any written notification, which is sent to the last indicated address of the client, is deemed to comply with the requirements of a legally efficient and correct delivery.
Any transfer of rights to third parties under this contract, entered into by the customer and Andrea Watzl, Plug- in Furniture Systems, requires our previous written consent.