General trading conditions

ON ADHERENCE TO ALL CONDITIONS GUARANTEEING WE BEST SERVICE

1. Validity
1.1. The supplies, the achievements and offers of online-supermarkt exclusively take place due to these trading conditions; we recognize opposing or conditions of the customer deviating from our trading conditions not on, it is, we expressly their validity would have agreed. Fulfilment of a contract actions are not considered on our part to that extent as agreement too from our conditions deviating conditions as per contract. These trading conditions are considered as skeleton agreement also to all further legal transactions between the Contracting Parties.
1.2. The customer recognizes these general trading conditions expressly on with his order.
2. Conclusion of a contract
2.1. A contract offer of a customer requires a confirmation of order. Immediately after your order automatically to you envoy email is only an acknowledgement of receipt. Also mailing the commodity ordered by the customer causes the conclusion of a contract. To us if offers are addressed, then the offering is, at least however period bound an appropriate for 8-taegige starting from entrance of the offer to it.
2.2. If the customer commodity orders third on for dispatching, not however third is, our contracting party excluding the customer.
3. Prices
3.1. All prices specified by us are, if different one is not expressly noted to understand inclusive value added tax and exclusive packing and forwarding expenses. All prices are computed exclusively in Euro; possibly additional quotations in other currencies are only serve for the information of the customer and have no legal validity.
3.2. Itself if the labour costs should due to collective-contractual regulations in the industry or in-plant conclusions or should itself other, for which relevant cost centres change calculation or for achievement production necessary costs like those for materials, energy, transportation, foreign work, financing etc., then we are entitled, the prices accordingly to be increased or reduced.
3.3. A minimum purchase does not have to be considered, however we raise 25,-- EURO an addition for handling costs with orders up to a commodity value from a value of 3,-- EURO. This addition is proven separately on your calculation.
4. Terms of payment, interests
4.1. Our demands are accepted only as pre-payments before the supply. Discount deductions require a separate agreement.
4.2. In the case of the delay of payment, also with partial payments, also possible discount payment agreements cease to apply.
4.3. Payments of the customer apply only with the time of the entrance on our trading account as performed out.
4.4. With delay of payment of the customer we are entitled to desire after our choice substitution of the damage or interests actually developed in legal height.
4.5. If a back transfer of the customer payment is necessary to the customer (however, e.g., with alcohol orders in the countries which have ordered an import ban on alcohol) 5% of the total, at least are cleared 3.50 EUR, as an expenses substitute and handling charge in deduction.
5. Contract resignation
5.1. With default of acceptance (point 7.3.) or other important reasons, like in particular bankruptcy of the customer or bankruptcy rejection for lack of fortune, as well as with delay of payment of the customer we are entitled to the cancellation of the contract, if it is from both sides not yet fulfilled almost entirely. For the case of the resignation we have the choice with being to blame for the customer to desire a lump-sum compensation of 15 % of the gross invoice amount or substitution of the damage actually developed. With delay of payment of the customer we are relieved and entitled of all further achievement and delivery commitments to withdraw still pending supplies restrain able or after setting an appropriate respite from the contract. Footstep the customer - to be entitled without in addition - of the contract back or he desires his abolition, then we have the choice to insist or the abolition of the contract agree on the fulfilment of the contract; in the latter case the customer is obligated to pay after our choice a lump-sum compensation at height of 15% of the gross invoice amount or the damage actually developed.
6. Reminding and charges for collection
6.1. The customer it commits itself for the case of the delay, the creditor to developing reminding and charges for collection as far as they have necessary for the appropriate prosecution to replace whereby it obligates itself in the special to replace maximally the remuneration of the switched on collection agency itself the remuneration being entitled from the regulation of the BMwA over the maximum sales that collection agencies devoted. If the creditor operates reminders, does the debtor commit itself, per effected reminder an amount of 10,90 Euro as well as for the evidence attitude of the obligation in reminders per half-year an amount of to pay 3,63 Euro.
7. No costs of feed contain supply, transport, default of acceptance
7.1. Our selling prices. For transport and/or the feed the actually spent costs are charged for including an appropriate direction cost impact, at least however freight and driving wages of the selected mode of conveyance usual on the distribution day the valid or.
7.2. The dispatch takes place by means of the transport enterprise selected by you, otherwise we dispatch with the Austrian post office.
7.3. If the customer did not take over the commodity as agreed upon (default of acceptance), we are entitled after unsuccessful respite setting to store the commodity either with us for which we charge for a storage fee of 0.1 % of the gross invoice amount per begun calendar date, or on costs and danger of the customer with a businessman authorized to it to store. At the same time we are entitled to exist either on fulfilment of a contract or after setting an appropriate for withdrawing at least 2 weeks comprehensive respite from the contract and for using the commodity otherwise.
7.5. The customer is responsible to tariff-legal regulations for the adherence to all import and drive through. For seizing, e.g. of alcoholic beverages, by foreign customs authorities no compensation can be carried out. It is incumbent on to consider the customer all relevant customs regulations.
8. Time for delivery
8.1. For the achievement execution we are only then obligated, as soon as the customer followed all his obligations, which are necessary for the execution, in particular the complete pre-payment fulfilled. 8.2. The shipping of the ordered ware comes within the delivery period quoted with the individual products in working days after receipt of payment in principle, the correct and complete supply from vendors lying outside of our sphere of influence presupposed. We reserve ourselves partial deliveries. With order of several products, the longest, quoted delivery period is applicable to the entire order.
8.3. We are entitled to exceed the agreed upon dates and times for delivery over up to one week. Only at expiration of this term the customer can withdraw after setting an appropriate respite from the contract.
9. Guarantee
9.1. Of losses or damages in the case of transport has to indicate the customer immediately opposite the feeder to note on the written receipt and indicate us additionally immediately. To the announcement opposite us a set period of exclusion of three days applies starting from supplier stop. Covered damage is to be indicated us immediately after discovery.
10. Revocation and return right
10.1. The customer recalled the right the sales contract without indication of reasons within 14 days starting from receipt of the commodity too or the commodity to return. For keeping the punctual sending off of the revocation meets this period. It takes place then a back completion of the contract course around course.
10.2. If the commodity was already used and exhibits customs traces, the purchase can be recalled likewise only within the legal period by 14 days. We keep ourselves before the consumer the depreciation and the value of the use of the commodity to charge.
10.3. If the revocation does not concern goods in the value of any more than 40,-- Euro, then the buyer has to carry the back transmission costs, except those supplied commodity corresponds not to the ordered. The return has to take place in original packaging. During return of damaged commodity we are to be placed entitled claims.
11. Place of delivery
11.1. Place of delivery and area of jurisdiction is Wiener Neustadt, Austria.
12. Slight changes of achievement
12.1. Slight or other changes of our achievement and/or delivery obligation reasonable for our customers are considered in front as authorized. This applies in particular to deviations due to the thing (e.g. with masses, colours, wood and veneer picture, grain and structure, etc.).
13. Compensation
13.1. All requirements for compensation are more easily negligence impossible in cases. This does not apply to personal injuries. Being present easier and/or rough negligence has to prove the damage. The period of limitation of requirements for compensation amounts to three years starting from passage of the risk. The regulations over compensation, otherwise contained in these trading conditions, agreed upon or, apply, even if the requirement for compensation apart from or in place of a warranty claim is made valid.
14. Product liability
14.1. Demands for recourse in the sense § 12 of the product liability law are impossible, it are, the recourse-entitled prove the fact that the error in our sphere caused and at least roughly negligently was to blame for.
15. Retention of title and its asserting
15.1. All goods are supplied by us under retention of title and remain up to the complete payment our property. In the asserting of the retention of title a cancellation of the contract lies only if this is expressly explained.
15.2. With goods cancelling we are entitled to charge resulted transportation and manipulation expenses.
15.3. With accesses third on the reservation commodity - in particular by seizing - commits itself the customer to refer to our property and inform us immediately. If the customer is consumers or no entrepreneur, to whose tidy business concern the trade with the goods acquired by us belongs, it may not have up to the complete payment of the open demand for purchase price the reservation commodity, not sell it in particular, pawns, to give away or lend. The customer carries the full risk for the reservation commodity, in particular for the danger of the fall, the loss or the degradation.
16. Assignments of a claim
16.1. In the case of supply under retention of title the customer steps us already now its demands opposite of third, as far as these result from sale or processing of our goods, up to the final payment our demands as payment off. The customer has to call us on demands its customers and to inform these in time from the assignment to. The assignment is in the ledgers to register in particular in the open post list and on delivery notes to make bills evident etc. the customer. If the customer with its payments is us in relation to in the delay, then proceeds of sale which are received with him are to be separated and hold the customer these only in our name. Possible requirements against an insurer surrendered insurance contract law already now in the borders § 15 to us.
16.2. Demands against us may not be retired without our express agreement.
17. Right choice, area of jurisdiction
17.1. It applies Austrian right. The applicability of the UN-sales-law is expressly excluded.
17.2. The contract language is German.
17.3. The Contracting Parties agree upon Austrian, domestic jurisdiction. If it does not concern a consumer business, the court essentially responsible at the seat of our enterprise is exclusively locally responsible for the decision of all disputes developing from the present Treaty.
18. Data security, change of address and copyright
18.1. The customer gives his agreement that also the personal data in fulfilment of the present Treaty, along-contained in the sales contract, are supported by automation stored and processed by us.
18.2. The customer is obligated to communicate to us changes of his living and/or business address as long as the contractual legal transaction is not mutually completely fulfilled. If the report is omitted, then explanations are considered also then as happened, if they are sent to the address communicated last.
18.3. Plans, sketches or other technical information remain always just like samples, catalogues, folders, illustrations and such a thing our mental property; the customer receives to it none like always constituted to rights of exploitation or work use.
19. Severability clause
19.1. Should be ineffective one or more regulations of these conditions or become, then this in all other respects does not affect the effectiveness of the contract. It applies instead the legal regulation. In no case the regulation in these conditions is replaced by trading conditions of the business partner.

Wiener Neustadt, in November 2007
online supermarkt