Terms of Service
Free At Last GmbH
Company court Vienna
Telephone: +43 1 947 52 41
As of May 2012
TERMS AND CONDITIONS OF SALE AUSTRIA
1. Validity of general terms and conditions
Unless otherwise agreed, our, the
Contractual partners announced terms and conditions.
Our contract partner agrees that in case of the use of terms and conditions by him in the
Doubt is to be assumed from our conditions, even if the conditions of the
Contracting parties remain uncontradicted.
In this respect, performance of our performance on our part shall not be deemed approval of
our terms and conditions. Stay with the
However, if ambiguities in the interpretation of the contract are to be dispelled, they must be remedied in such a way that
those contents are agreed, which usually agreed in comparable cases
Our offers are non-binding.
2.1. Offer in e-business
We are according to the information. of §§ 9, 10 ECG is not obligated.
2.2. Offers on distance selling / The instruction about the right of withdrawal
2.2.1. In the case of online ordering of goods
Customers who are consumers within the meaning of the Consumer Protection Act can, within a period of time
from 7 working days from receipt of the delivery of the ordered goods by one in the distance selling
concluded contract (or a distance contract)
It is sufficient if the resignation within the deadline without giving reasons
is sent, Saturdays do not count as working days.
In case of withdrawal there will be a total or partial refund of the
Purchase price only train by train against deferral of the goods received from the purchaser
instead of. The costs of the return are at the expense of the customer.
The goods should be in unused and as new resaleable condition and in the
Original packaging to be returned. For items with traces of wear
are damaged or their packaging is damaged, we will make an appropriate
Charged for impairment. The same applies if on return of the goods
Accessories or parts are missing.
The costs of the return are at the expense of the customer. Should the goods be unfree
We are entitled to withhold an appropriate amount
or to invoice.
For audio or video recordings such as CDs, DVDs, videos, etc. as well as for
Computer software is a right of withdrawal only if the goods are not unsealed
3rd prize (purchase price, wages)
We are entitled to the work to be performed by us for want of others
Agreement after the actual seizure and the expenditure resulting from it in
Bill. These invoices are due within 7 days from receipt of invoice
pay. For each working hour including travel times € 54, - will be charged
posed. Starting hours, including travel times, will be charged as a full hour.
Will our bill within 2 weeks no reasoned objection in writing
In any case, it is considered as approved.
Is expressly entitled to make partial billing, provided that
Services are provided in parts.
All prices quoted by us are, unless otherwise stated,
exclusive of VAT. In the case of billing, the statutory
Sales tax added to these prices.
4. Terms of payment (due date, partial payment, discount)
The buyer / work orderer undertakes to pay the full amount
Purchase price / work wage already at contract conclusion.
The payment is considered to have been made in good time only if the amount is due on
Due date or has been credited to our account.
If the buyer / works orderer does not pay even one installment within one for one
Discount deduction agreed payment period, he does not lose his discount claim
only with regard to this partial payment, but also with regard to all those already paid or
later payments to be made.
5. Default interest
Even if we are in default of payment of the buyer / works orderer we are
entitled to default interest in the amount of 10% above the base rate annually
charge; this does not invalidate claims for compensation for proven higher interest
6. Transport - Risk
In the absence of an express agreement to the contrary, the costs and the risk of
Transportes with deliveries our contractual partner.
7. Retention of title
The goods remain until full payment of the purchase price and all costs and
Charge our property. A resale is only allowed if this us
timely before under the name of the company and the more accurate
Business address of the buyer was announced and we of the sale
agree. In case of our approval, the purchase price claim is considered to us
and we are at all times entitled to assign the third party debtor from this assignment
communicate. In the case of a large number of our claims, payments will be made
the debtor is primarily attributed to those of our claims that are not (anymore) due
a reservation of title or other securing means are secured.
In the case of even partial default of payment, the buyer already agrees that
We can pick up the goods at his expense at any time.
In case of default, we are entitled to our rights from the reservation of title
to assert. It is agreed that in the assertion of the
Retention of title is not a withdrawal from the contract, except, we declare the withdrawal
expressly from the contract.
8. Place of performance
The place of performance for both our services and the consideration is 1150 Vienna.
9. Non-performance / delay in delivery and performance
In any case, the buyer / works orderer has a slight excess of delivery time
accept without claiming damages or a right of withdrawal.
1O. default of acceptance
If our contractual partner is in default of acceptance, we are entitled either the
To store goods with us, for which we have a storage fee of € 2 per started
Calculate calendar day while insisting on contract performance or
after setting a reasonable grace period to withdraw from the contract and the goods
to be used elsewhere.
11. Cancellation fees / Reuegeld
The buyer has the right, against payment of a cancellation fee (a redemption amount) of 30% of the purchase price / wages without giving reasons (§ 909 ABGB) of the contract
12. Unilateral changes in performance
Objectively justified and appropriate changes to our service or
Delivery obligation, in particular reasonable delivery time or short-term
Payment deadlines on our part are considered approved in advance.
Objectively justified and minor changes which do not affect the price,
can be made on our part. This is especially true for such
Delays in delivery. We will then, if the actual time limit
can be estimated, but no later than one week before the originally agreed
Delivery date, announce how long a delay is expected.
Apart from those cases where by law the right to conversion
We reserve the right to the warranty claim of our choice
Improvement, replacement or price reduction.
The transferee always has to prove that the defect at the time of delivery already
The goods must be inspected immediately after delivery. Any defects found shall also be notified to the seller immediately, but no later than within 7 days of delivery, stating the nature and extent of the defect.
Hidden defects must be reported immediately after their discovery. If a complaint is not made or not collected in time, the goods are considered as approved. The assertion of warranty claims or claims for damages as well as the right to appeal for errors due to defects are excluded in these cases.
The warranty period for movable property is 12 months, for immovable property
1 year from delivery / service.
13.1. Recourse claim acc. § 933b ABGB
The recourse claim acc. § 933b ABGB is excluded.
Apart from personal injury, we are only liable if grossly punished by the injured party
Negligence is proven.
Claims for damages in cases of slight negligence are excluded. This
does not apply to personal injury or damage to the work taken over
Things, unless the latter was negotiated in detail.1
15. Product liability
Any recourse claims, the contracting parties or third parties from the title
"Product liability" iSd PHG against us are excluded, unless the
Reclaimer proves that the error has caused in our sphere and at least grossly negligent debt has been.
A set-off against our claims with counterclaims, of whatever kind
always, is excluded.
17. Non-performance bans and retention bans
Justified complaints do not entitle to the restraint of the whole, but
only a reasonable part of the invoice amount.
18. Formal requirements
All agreements, subsequent changes, additions, ancillary agreements, etc.
require their validity in writing, including the original signature or the
secure electronic signature.
Declarations, advertisements, etc. addressed to us - with the exception of notices of defects - must be in writing in order to be valid, including the original signature or the secure electronic signature.
19. Choice of law
Austrian substantive law applies to this contract.
Austrian substantive law applies to this contract. Is the
Contracting party consumers and are subject to the conditions of Article 5 para
European Convention (ECC), but a case of Article 5 (4) in
In connection with para. 5 EVC above, the choice of law does not cause the consumer
by the mandatory provisions of the law of the state in which he is his
residence, protection granted is withdrawn.1
20. Jurisdiction agreement
For the decision of all disputes arising from this contract that is at the seat
our company's competent court locally. But we have that
Right to sue at the general place of jurisdiction of the contracting party.
For all against a consumer who resides domestically, ordinary
Stay or place of employment, because of disputes arising from this contract
Any action brought is one of those courts in whose jurisdiction the consumer
his place of residence, habitual residence or place of employment. For
Consumers who are not resident in Austria at the time the contract is concluded
have, the legal jurisdictions apply.
21. Arbitration Agreement - Arbitration
21.1. Domestic Arbitration
All disputes arising out of the present contract will be settled permanently
Court of Arbitration of the Chamber of Commerce in ... according to the same
Arbitration by a sole arbitrator / referee (not
Delete as appropriate).
21.2. International Arbitration in the Austrian Federal Economic Chamber
Any disputes arising out of or arising out of this Agreement,
Dissolution or nullity shall be governed by the Arbitration and Arbitration Rules
of the International Arbitration Court of the Austrian Federal Economic Chamber in Vienna (Wiener
Rules) of one or more arbitrators appointed in accordance with these Rules
In this context, consideration should be given to the possible application of the UN Convention on
Contracts for the International Sale of Goods, 1980
All disputes arising out of this contract or related to its violation, termination or nullity
shall be settled under the Rules of Arbitration and Conciliation of the International
Arbitral Center of the Federal Economic Chamber in Vienna (Vienna Rules) by one
or more arbitrators appointed in accordance with these rules.
21.3. Arbitration at the International Chamber of Commerce in Paris
All arising out of or in connection with the present contract
Disputes shall be governed by the Rules of Arbitration of the International Chamber of Commerce
by one or more arbitrators appointed in accordance with this Order
All disputes arise out of or in connection with the present contract
Under the Rules of Arbitration of the International Chamber of Commerce by one or more
arbitrators appointed in accordance with the said Rules.
22. Other superior text modules for business transactions
22.1. Cost estimate
The estimate is made to the best of our knowledge, but it can not
Warranty for accuracy. Should be after placing the order
Cost increases of more than 15%, the contractor will receive the
Inform client immediately.
If it is inevitable cost overruns up to 15% is a separate
Communication is not required and can easily charge for these additional costs
Unless otherwise agreed, order changes or additional orders
be charged at reasonable prices.
Quotations are for a fee. A fee paid for the estimate will be
credited if an order is placed on the basis of this estimate.
22.2. Electronic accounting
Our customer agrees that invoices to him also created electronically
and transmitted when created with secure electronic signature.
22.3. date loss
Insofar as the customer has to pay his payment obligation in installments, then
agreed that if not timely payment even one rate all still
Partial payments shall become due immediately without any additional period of grace.
For consumer transactions, the above regulation applies mutatis mutandis, as far as our performance
have fully provided, even only a backward performance of the customer at least
six weeks is due, and if we set the customer under a grace period of
at least two weeks under threat of loss of date have warned.
22.4. Default interest on credit transactions with consumers
In the case of credit transactions with consumers, interest on arrears amounts to
contractual payment agreed interest rate plus 5 percentage points per annum.
Free At Last GmbH
Company court Vienna
As of May 2012