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General terms and conditions of AFB-Sonnleitner (ATU 64788723) 

1. These general terms and conditions of sale are applicable to all present and future sales and deliveries made by AFB Sonnleitner (ATU64788723). The customer accepts these terms and conditions by placing an order.

 

2. Conclusion of Contract
2.1. All offers made and published by AFB Sonnleitner (ATU64788723) in the Internet or in catalogues are not binding. AFB Sonnleitner (ATU64788723) reserves the right of changes to technology or prices.

2.2. Internet Orders
By clicking the order button the customer declares that he has acknowledged and accepted these general terms and conditions of sale. The customer’s order constitutes a binding offer made to AFB Sonnleitner (ATU64788723) to purchase the contents of the virtual basket.
The contract is only concluded on confirmation of the order by AFB Sonnleitner (ATU64788723). This confirmation can either be given in writing, orally or via e-mail after the placement of the order.
The contractual agreement between AFB Sonnleitner (ATU64788723) und the customer is sent to the customer via e-mail and can be saved and downloaded by the customer in order to be printed. This also applies to these general terms and conditions of sale.

2.3. Other Orders
The customer makes a binding offer to conclude a contract of sale by placing an order for the goods he requires via e-mail, telephone, or mail. The contract is deemed concluded on acceptance of this offer by AFB Sonnleitner (ATU64788723). Acceptance is made subject to availability of the goods ordered.

 

3. Obligation to Disclose Data
3.1. The customer has to disclose all data relevant to the execution of the order. The customer is obliged to be truthful about the information relevant to the order. He is obliged to inform AFB Sonnleitner (ATU64788723) immediately and in written form about any changes to any data relevant to the order, in particular changes to the authorization of any person authorized to place orders for the customer.

3.2. AFB Sonnleitner (ATU64788723) reserves the right to terminate any contract that might already have been concluded, should the customer fail to give this information or should he supply incorrect data from the start. The termination of contract can also be declared via e-mail.

3.3. The customer has to ensure that any of the e-mail addresses given to AFB Sonnleitner (ATU64788723) is reachable from the time of giving such an email address. He has to ensure in particular that the reception of e-mails is not made impossible due to re-routings, closures or overloads of the e-mail account.

3.4. It is assumed that the data given is incorrect in the sense of number 3.2, if an e-mail addressed to the customer is rejected three times or if the order cannot be executed due to an incorrect delivery address.

 

4. Delivery
4.1. AFB Sonnleitner (ATU64788723) reserves the right to deliver a replacement item of the same quality and price, if the item originally promised is not in stock.

4.2. AFB Sonnleitner (ATU64788723) will deliver the goods ordered to the address stated in the order.

 

5. Delay in Payment
5.1. AFB Sonnleitner (ATU64788723) reserves the right to charge interest in arrear for late payment. Interest is calculated at 5% p.a. over the basic lending rate. The right to claim for higher damages remains unchanged.

 

6. Retention of Title
6.1. The title of the goods delivered passes to the customer on payment of the purchase price in full. If AFB Sonnleitner (ATU64788723) replaces items to fulfil their contractual liabilities towards the customer, the title of the item returned passes back to AFB Sonnleitner (ATU64788723) while the title of the replacement item passes to the customer once the customer has fulfilled his contractual liabilities towards AFB Sonnleitner (ATU64788723).

6.2. If the item purchased is to be connected to a third object not belonging to the customer, the customer will receive joint title to the newly created item proportionally to the value of the item bought compared to the third, connected object. If the connection is made in such a way that the customer’s purchased item becomes the main object, the customer shall transfer the proportional part of the title to AFB Sonnleitner (ATU64788723). The customer shall keep the sole or shared title to the item thus created for AFB Sonnleitner (ATU64788723).

6.3. A reclaiming of the products ordered or a claiming of rights arising from the retention of title due to a delay in payment constitutes a termination of contract, unless AFB Sonnleitner (ATU64788723) clearly states otherwise.

 

7. Payment
7.1. All prices are quoted in Euros including Austrian VAT and are subject to change. They are ex-works and costs and charges for transport, packing and insurance will be billed to the customer.

7.2. The purchase price is due immediately. Payment of the purchase price is executed by a credit card accepted by AFB Sonnleitner (ATU64788723) at the time of conclusion of contract, by payment on delivery , payment in advance or by payment in cash. Orders from non-EU and EU countries can only be accepted against payment in advance.

7.3. If payment on delivery has been agreed upon, the invoice comes due immediately on delivery. When payment by credit card has been agreed upon, the purchase price becomes due as soon as the goods have been consigned to the customer and have left the warehouse.

7.4. The customer shall only have the right to set off his claims against AFB Sonnleitner (ATU64788723) if the claims are legally valid or if they are uncontested.

7.5. The customer shall only be able to retain payment if his claims are based on the above-mentioned legal.

 

8. Warranty
8.1. AFB Sonnleitner (ATU64788723) is liable for defects that already exist at the passing of risk as follows:

a) Defects have to be reported to AFB Sonnleitner (ATU64788723) immediately after receipt of the goods or, in the case of hidden defects, immediately upon their discovery.

b) AFB Sonnleitner (ATU64788723) is to be given an adequate amount of time and opportunity to evaluate the defects. Failure to grant AFB Sonnleitner (ATU64788723) such a chance shall result in the discharge of AFB Sonnleitner (ATU64788723) from performance and from all further warranty claims.

c) The customer has the right to demand redemption or to terminate the contract subject if AFB Sonnleitner (ATU64788723). There is no need to set a time limit, if AFB Sonnleitner (ATU64788723)’s decision to refuse removal of the defect is final or when at least two attempts of removing the defect have failed.

d) Warranty claims cannot be made for natural wear and tear or for damages that arise after the passing of risk due to the incorrect or careless usage of operating substances or for damages caused by external factors that are not in the intent of the contract. Warranty claims can also not be made for any damages caused by inexpert changes or repairs to the goods by the customer or for any consequences arising from such an action

e) Warranty for new parts covers 24 months from the time of purchase. Valid for the start of warranty is the date on the receipt. The legal regulations regarding suspension of contract, interruption and restart of fixed time periods remain unaffected. Warranty for used and exchange parts covers 12 months.

 

9. Liability
9.1. All other claims put forward by the customer for whatever legal reason beyond the claims for warranty or damages expressly stipulated in this contract are excluded. This applies especially to those claims arising from contractual obligations and torts as far as these do not automatically attract liability for example according to product liability regulations or in the case of intentional harm, gross negligence, harm to life, body or health or because of gross breach of contract. Damages arising from gross breach of contract are, however, restricted to damages foreseeable in this type of contract as far as the damages do not arise from intent or gross negligence.

9.2. These regulations do not include a shift of the burden of proof to the disadvantage of the customer.

 

10. Data Protection
10.1. AFB Sonnleitner (ATU64788723) points out according to the Austrian data protection law, that personal data will be saved, stored, processed and used for the purpose of contract execution.

10.2. The personal data will be collected, saved, processed and used by AFB Sonnleitner (ATU64788723) within the scope of these conditions of contract and the German data protection law for the duration of the contract and until the complete execution of all post-contractual obligations and rights.

10.3. In the cases of payment by credit card or direct debit the customer’s data, as for example the credit card number and expiry date or respectively the account number the name of the account holder and the bank number, will be encrypted with 128 Bit SSL encoding before transmission, making the decoding of the data transmitted impossible


11. Severability Clause
All changes and amendments to this contract have to be made in writing. Oral supplementary agreements have no validity and are not part of this contract. The general validity of these conditions of contract is not affected by the invalidity of one or more individual stipulations of these terms and conditions. The invalid stipulation is automatically replaced by the corresponding Austrian legal regulation.

 

 12. Jurisdiction / Applicable Law
Court of jurisdiction the district court of Horn.
All contractual relationships between AFB Sonnleitner (ATU64788723) and the customer shall exclusively be governed by the substantive Austrian law .

 

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Return, Exchange:

If you have ordered goods incorrectly, or for any other reason want to return goods, then this is possible under the following conditions:
 
1. The good must be returned at the expense of the sender within 14 days to  
AFB-Sonnleitner, Auberg 313, 2084 Weitersfeld, Austria.

2. the  refund payment is made by credit note  or bank transfer of the purchase price.

3. if AFB- Sonnleitner caused false delivery to the  shipping costs will be refunded as well.

4. in case of return of goods supplied in a larger quantity, AFB-Sonnleitner reserves the right of  reimbursing a restocking fee of 5%.

5. The all returned products must be undamaged and free of traces of use.

6. Custom design parts, special orders, light bulbs and literature can not be exchanged.

 

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Dispatch Conditions

 

AUSTRIA:
STANDARD Mail: (€ 4,50)

Delivery by mail or parcel delivery service
Payment by cash on delivery, net banking(in advance) or credit card

ON DELIVERY PAYMENT: (€ 4.50 + € 3.50 OD-charge of the Post) (= cash on delivery)

Parts in exchange:
If you buy parts, which are labelled “in exchange”, you receive the part from us, together with a return delivery note. Please send this return delivery note with your used complete part within three weeks to AFB-Sonnleitner free of charge. When ordering replacement parts you will be automatically charged a deposit which we will return to you for the used parts in exchange:
When we receive the used part AFB-Sonnleitner will return deposit by bank transfer. We ask for understanding that returned non-free packages can not be accepted.



GERMANY and BORDERING EU-COUNTRIES:
DELIVERies:
Delivery by parcel service (where possible). Ideal for parcel delivery services are addresses at which the day is always someone at home. If your employer permits, private orders can also be delivered to the business address of your workplace.

PAYMENT:
Payment in advance via net banking: within the EU free of charge! On availability of parts we send the invoice and the EU account information to be used for payment. After receipt of payment the goods will be sent.

Parts in exchange:
If you buy parts, which are labelled “in exchange”, you receive the part from us, together with a return delivery note. Please send this return delivery note with your used complete part within three weeks to AFB-Sonnleitner free of charge. When ordering replacement parts you will be automatically charged a deposit which we will return to you for the used parts in exchange:
When we receive the used part AFB-Sonnleitner will return deposit by bank transfer. We ask for understanding that returned non-free packages can not be accepted.

 

 

SWITZERLAND:
Attention: Deliveries free of value added tax !!! (- 19% on all products except literature ( -10%))

Customer have to take care of customs and VAT declaration themselves.

DELIVERies:
Delivery by parcel service (where possible). Ideal for parcel delivery services are addresses at which the day is always someone at home. If your employer permits, private orders can also be delivered to the business address of your workplace.

PAYMENT:
Payment in advance via net banking: within the EU free of charge! On availability of parts we send the invoice and the EU account information to be used for payment. After receipt of payment the goods will be sent.

Parts in exchange:
If you buy parts, which are labelled “in exchange”, you receive the part from us, together with a return delivery note. Please send this return delivery note with your used complete part within three weeks to AFB-Sonnleitner free of charge. When ordering replacement parts you will be automatically charged a deposit which we will return to you for the used parts in exchange:
When we receive the used part AFB-Sonnleitner will return deposit by bank transfer. We ask for understanding that returned non-free packages can not be accepted.

 

 

FOR ALL COUNTRIES NOT LISTED - PLEASE ASK.

 

 

Ing. Herbert Sonnleitner | Auberg 313 | 2084 Weitersfeld | Austria | Telefon: +43 (0)664 - 976 92 32 | office@afb-sonnleitner.at