Terms of business and delivery
Part A General
§ 1 Scope of the Terms of Delivery; Place of Performance
The following conditions apply to all contracts, deliveries and other services. They apply to all customer groups and target groups of CRM in parts A and B. Parts A, B, and C apply to entrepreneurs and freelance customers in the ordinary course of business. The place of performance is Salzburg.
§ 2 International scope of application; Austrian law
For all disputes and differences of opinion arising from the application of these Terms and Conditions of Delivery, the application of Austrian law is agreed, also in cases with foreign management. The rules of the CISG - United Nations Convention on Contracts for the International Sale of Goods - are excluded.
§ 3 Data protection
The data necessary for order processing will be stored. All personal data will of course be treated confidentially.
§ 4 Payment methods
All payments are to be made only to us. For an order value below EUR 100.00, we charge a processing surcharge of EUR 5.00. Deliveries are made against prepayment, if the buyer agrees to this.
§ 5 Possible special agreements and ancillary agreements
Oral special agreements and hub agreements shall only apply if they have been expressly accepted and confirmed by us in writing.
Part B Terms of delivery for consumers and private customers
§ 6 Binding to offers, delivery times
Our offers are subject to change. We reserve the right to make changes to the product range, color and design, insofar as they are within commercial tolerance limits, quantities and deviations. We also reserve the right to make improvements in line with the state of the art or medical requirements. We usually deliver within approx. 8 days, if and insofar as we ourselves are supplied by our suppliers on time and correctly. We shall not be responsible for delays in delivery and performance due to force majeure and due to events which make delivery considerably more difficult or impossible for us7 Simple retention of title.
§ 7 Simple retention of title
The goods remain our property until full payment has been made.
§ 8 Warranty against defects
You should be completely satisfied with the products from our company. Should a defect occur, we provide warranty within the legal framework.
§ 9 Private use of copyrighted products
Our products and their accessories are protected by copyright and are intended only for your private use. Reproduction in whole or in part is not permitted to the purchaser. For software products, the respective license terms shall apply additionally. Any use or exploitation outside the scope of copyright law shall result in liability for damages and criminal prosecution.
Part C Special provisions for entrepreneurs, freelance buyers and CRM business partners
§ 10 Defense clause
Only those terms and conditions of the Buyer which deviate from our terms and conditions of delivery shall apply which we expressly accept in writing. We hereby expressly object to any deviating general terms and conditions of the Buyer. Other terms and conditions shall not become part of the contract, even if we do not expressly object to them.
§ 11 Extended retention of title
The goods remain our property until full payment has been made. The Seller may resell the delivered goods in the regular course of business subject to retention of title, but shall assign to us by way of security all claims arising therefrom immediately or later up to the amount of our invoice. At the Buyer's request, we shall release securities insofar as their value exceeds our claims by more than 20%. The right to resell shall only exist if the Buyer accepts our terms and conditions of delivery expressly or by means of a commercial letter of confirmation.
§ 12 Transfer of risk in the case of sale by delivery to a place other than the place of performance
If the Buyer is an entrepreneur, a freelance Buyer or a business partner of CRM and if he acquires our products within the scope of his professional activities, all deliveries shall be made at the expense, cost and risk of the Buyer.
§ 13 Prices subject to change
Our prices are subject to change within the scope of commercial price adjustments and cost increases.
§ 14 Copyright protection
CD productions, as well as teaching, advertising and illustrative material are protected by copyright. Reproduction in whole or in part is not permitted to the buyer. Reproduction in whole or in part for the purpose of simultaneous multiple use is also excluded. For software products the respective license conditions apply additionally. Any use or exploitation outside the scope of copyright law will result in liability for damages and criminal prosecution.
§ 15 Jurisdiction
The place of jurisdiction for all disputes and differences of opinion arising from the application of these Terms and Conditions of Delivery shall be the district of the Federal Republic of Germany.Salzburg Local Court or the Salzburg Regional Court.