Terms of Service
All our present and future deliveries and services are governed exclusively by the following conditions
The supplies, services and offers of our company are made exclusively on the basis of these General Terms and Conditions, irrespective of the nature of the legal transaction. All of our declarations of intentions under private law are to be understood on the basis of these terms and conditions. We do not acknowledge conditions of the customer which differ from our general terms and conditions, unless we have agreed in writing and expressly to their validity. Completion of contracts
On our part, do not constitute acceptance of terms and conditions deviating from our general terms and conditions. These terms and conditions shall also be regarded as a framework agreement for all further legal transactions between the contracting parties.
2. Conclusion of contract
A) Our offers are non-binding and free of charge. Any verbal commitments, ancillary agreements and the like which differ from these terms and conditions or other written declarations of intent, especially those given by sellers, deliverers, etc., are not binding on us. The contents of the brochures used by us, advertising announcements, etc. will not be a contractual part, unless explicitly referred to.
B) Each contract requires a contract confirmation to conclude the contract. The sending or transfer of the goods ordered by the customer also results in the conclusion of the contract. If offers are addressed to us, the bidder is bound by a reasonable, at least eight-day deadline, from receipt of the offer. Point II. (A) shall not apply to consumer transactions.
Unless expressly stated otherwise, all prices stated by us are exclusive VAT. Should the labor costs between contract conclusion and delivery be altered as a result of collectively agreed regulations in the sector or in - house financial statements, or should other costs relevant to the costing or costing such as those for materials, energy, transport, external work, financing, etc We are entitled to increase or reduce the prices accordingly. Point III. Does not apply to consumer transactions.
4. Terms of payment, interest on arrears
A) In the absence of a contrary agreement, our claims shall be paid cash in arrears for delivery of the goods. Our invoices are due for payment from the date of receipt of goods unless otherwise agreed on the invoice. Without a special agreement, deduction of a discount is not permissible. In the event of a delay in payment,
Also with partial payments, any discount agreements entered into force will cease to have effect. Payments by the customer shall only be deemed to have been made on the date of the receipt of our business account. B) In the event of the delay in payment, we shall be entitled to charge interest on arrears at the rate of 4% above the secondary market yield / federal rate according to the statistical monthly publication of the Austrian National Bank. Further claims, such as, in particular, the right to higher interest, from the title of the claim remain reserved. Item 4. b) The first sentence does not apply to lending transactions with consumers.
5. Rescission of the contract
A) In addition to the general statutory provisions, we are entitled to withdraw from the contract even in the case of default of acceptance (point 7) or other important reasons, such as, in particular, opening of the bankruptcy proceedings over the assets of a contracting party or the rejection of a bankruptcy claim. In the case of rescission, we have the option, at fault of the customer, to demand a lump-sum compensation of 15% of the gross reimbursement amount or the compensation of the actual damage incurred.
B) In the case of default of payment of the customer, we are released from all further performance and delivery obligations and are entitled to withhold any outstanding deliveries or services and demand advance payments or safeguards or - if necessary after a reasonable period of grace - withdraw from the contract.
C) If the customer - without being entitled to do so - withdraws from the contract or unjustifiably waives his right to cancel, we have the choice to insist on the fulfillment of the contract or to agree to the abolition of the contract; In the latter case, the customer is obliged to pay a lump sum compensation of 15% of the gross settlement amount or the actual damage incurred.
6. Dunning and collection papers
In the event of a delay in payment, the customer shall pay the dunning expenses incurred to us in the amount of € 9.00 plus postage per completed reminder as well as for the evidencing of the debt relationship in the dunning system per half-year of € 3.70. In addition, all necessary reminders and collections for the appropriate legal prosecution are to be replaced.
Item 6. 2nd sentence does not apply to consumer transactions.
7. Delivery, transport, acceptance delay
A) Our sales prices do not include any costs for delivery, assembly or installation. On request, however, the delivery will be carried out or organized by us for a separate payment. In this case, the costs actually incurred are charged for transport or delivery, together with an appropriate additional charge for the administration costs, but at least the freight and freight charges applicable on the day of delivery to the selected mode of transport.
B) If the customer has not accepted the goods as agreed (delay of acceptance), we are entitled to store the goods either with us, for which we charge a storage fee of 0.1% of the gross settlement amount per calendar day or at the cost and risk of the customer With a licensed professional. At the same time, we are entitled to insist on either complying with the contract or after setting a reasonable price
To withdraw from the contract and to recycle the goods elsewhere. If the goods are subject to perishable goods and are in arrears, we are entitled to sell the goods ourselves at a reasonable price without prior warning on the account of the defaulting customer. 8. Transfer of risk
Without prejudice to statutory provisions, the risk of accidental loss or accidental deterioration will in any event pass to the buyer upon delivery to the carrier - even at delivery free destination.
9. Delivery period
A) We shall only be obligated to carry out the performance as soon as the customer has fulfilled all his obligations for execution, in particular all technical and contractual details, preparatory work and preparatory measures.
B) We are entitled to exceed the agreed dates and delivery deadlines up to three weeks. The customer can only withdraw from the contract after the expiry of this period after a reasonable period of grace has elapsed.
10. Place of performance
Place of performance is the seat of our company.
11. Minor changes in performance
Minor or other modifications of our service or delivery obligations which are reasonable for our customers are initially deemed to have been approved. This applies in particular to deviations caused by the material (eg: dimensions, colors, wood and veneer, grain and structure, etc.). Item 11 does not apply to consumer transactions.
12. Warranty, obligation to inspect and notify
A) If the defect is defective, we shall, at our discretion, either by replacement, repair within a reasonable period or by price reduction. Claims for damages by the customer which are aimed at remedying the defect can only be asserted if we are in default with the fulfillment of the warranty claims.
B) Within the meaning of § 377 f HGB (German Commercial Code), the goods shall be inspected immediately after delivery, but at most within six working days. Any deficiencies identified shall be notified to us immediately in writing, but at least within three working days after their discovery, indicating the nature and extent of the defect. Concealed defects must be reported in writing without delay, but at least within three working days after their discovery. If a complaint is not or not
In time, the goods shall be deemed to have been approved. Point XII. A) and b) shall not apply to consumer transactions.
13. Minor changes in performance
A) All claims for damages against us are excluded in cases of slight negligence. The injured party must prove the existence of slight or gross negligence.
B) The limitation period for claims for damages is three years after the passing of the risk. The provisions on compensation for damages included or otherwise agreed in these terms and conditions also apply if the claim for damages is claimed alongside or instead of a warranty claim.
C) Item 13. a) In the case of consumer transactions, the first sentence shall not apply to personal injury or damage to items taken for processing. Item 13. a) 2nd sentence, b) 1st sentence does not apply to consumer transactions.
14. Product liability
Claims for reimbursement within the meaning of § 12 Product Liability Act are excluded, unless the person entitled to recourse proves that the defect has been caused in our sphere and is at least grossly negligently indebted.
15. Retention of title and its assertion
Retention of title and its assertion
A) All goods and items are delivered by us under retention of title and remain our property until complete payment.
B) In the case of the restitution or withdrawal of the object subject to retention of title by us, the contract shall be revoked only if expressly stated. When returning goods, we are entitled - without prejudice to other claims - to take account of transport and transport
C) The goods subject to retention of title may not be pawned or secured by the buyer. In case of seizures or other claims by third parties, the buyer is obliged to assert our right of ownership and to notify us without delay.
D) Only an entrepreneur whose ordinary business is trading in the goods we have acquired may dispose of the reserved goods until full payment of the open purchase price has been received.
E) The customer bears the full risk for the reserved goods, in particular for the risk of loss, loss or deterioration.
16. Claims Receipts
A) In the event of delivery subject to retention of title, the customer shall already assign to us claims against third parties, insofar as these arise through the sale or processing of our goods, until the final payment of our claims. If the customer is in arrears with his payments against us, then the sales proceeds to him shall be segregated and the customer has them only in our name. Any claims against an insurer
Are already assigned to us within the limits of § 15 VersVG.
B) Claims against us may not be assigned without our express consent.
If the complaint is justified, the customer shall not be entitled to withhold the entire, but only a reasonable portion of the gross reimbursement amount, except in the cases of the reverse processing. Item 17 does not apply to consumer transactions.
18. Loss of time
A) To the extent that the customer has to pay his payment obligation in partial amounts, it is agreed that in the case of non-payment in time even one installment will be due immediately without any further postponement.
(B) Point XVIII. (A) in the case of consumer transactions, provided that we have rendered our service in full, even a backward partial service of the customer is due at least six weeks, and
If we have reminded the customer of a period of grace of at least two weeks under the threat of the loss of the date.
19. Jurisdiction, jurisdiction
Austrian law applies. The applicability of the UN purchase right is expressly excluded. The contract language is German. The Parties agree to Austrian domestic jurisdiction. To decide all disputes arising from this contract
The competent court of law at the registered office of our company is exclusively responsible locally. Point XIX. The last sentence shall not apply to consumer transactions.
20. Data Protection, Change of Address and Copyright
A) The customer grants his consent that also the personal data contained in the sales contract are stored and processed by us in the form of automated support in accordance with this contract.
B) The customer is obligated to announce changes to his residential or business address as long as the contractually agreed legal transaction is not fully fulfilled. If the notification is omitted, declarations shall also be deemed to have been received if sent to the last notified address.
C) Plans, sketches or other technical documents, as well as samples, catalogs, brochures, illustrations and the like, always remain our intellectual property; The customer shall not be subject to any kind of usage or exploitation rights whatsoever.
21. Age protection
The goods offered by urban Chili Handels GmbH are intended exclusively for purchasers who are 21 years of age.
Unless expressly agreed otherwise, your
Warranty claims according to the legal regulations with the following modifications:
- For the quality of the goods are only our own data and the product description of the manufacturer binding, but not public praise and utterances and other advertisement of the manufacturer.
- You are obliged to inspect the goods with the due diligence on quality and quantity deviations and to make obvious to us
To report any defects immediately upon receipt of the goods. this is also valid
For later concealed defects from discovery. In case of injury
The duty to investigate and to notify is the assertion of the
Warranty claims excluded.
- In the case of defects, we make our choice by way of improvement or replacement delivery (supplementary performance). In the case of rectification, we shall not be required to bear the increased costs resulting from the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you can choose according to your choice
Reduction or withdraw from the contract.
- The warranty period is one year from date of delivery. This limitation does not apply to claims due to damage from injury to life, body or health or from injury
Violation of a material contractual obligation, the fulfillment of which
The proper implementation of the treaty
And the contractual partner may regularly rely on their compliance
(Cardinal obligation) as well as for claims due to other damages,
Which is based on an intentional or grossly negligent breach of duty by the
User or its vicarious agents.
23. Right of withdrawal
In the event that you are consumer, so the purchase too
Which are predominantly neither commercial nor commercial
Independent professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of revocation You have the right to revoke this contract within a period of fourteen days without giving reasons.
The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods. To exercise your right of revocation, you must contact us
Company: urban Chili Handels GmbH
Address: Greite 6c, 6421 Rietz, Austria
By means of a clear statement (for example, a letter or e-mail sent by mail) about your decision to revoke this contract,
inform. In order to maintain the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation If you revoke this agreement, we have paid you all the payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have a different type of delivery than the one offered by us, Most favorable standard delivery), to be returned immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has been received by us. For this repayment we use the same
Means of payment you used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees.
We can refuse the refund until we return the goods
Or until you have demonstrated that you have returned the goods, whichever is earlier.
You have to return the goods to us or at the latest and within fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected when you send the goods before the end of the deadline of 14 days.
They bear the immediate cost of returning the goods.
24. Transportation damage
(1) If goods with obvious transport damage are delivered,
Please report any such errors immediately to the deliverer and please contact us as soon as possible.
(2) The non-compliance of a complaint or contact has no consequences for your statutory warranty rights. They help us, however, to meet our own claims against the carrier or the carrier
25. Severability clause
Should individual provisions of these General Terms and Conditions be or become invalid or impracticable in whole or in part, this shall not affect the validity of the remaining conditions.
We assure you, however, that we
You - see our customers as No.1 our business relationship. If you have any kind of disagreement, you can be sure that you have a partner in us!
Rietz, Jannuar 2017