Terms and Conditions
GENERAL TERMS AND CONDITIONS of T-STRIPE GmbH for consumers (AT-DE valid from: 1.5.2021)
https://www.t-stripe.com/media/24/22/28/1753816131/T-STRIPE_AGB-Konsumenten.pdf
1. Legal Notice
The company named in this legal notice operates the online shop "www.t-stripe.com".
T-STRIPE GmbH
Rautenweg 8
1220 Vienna
AUSTRIA
Contact information, customer service:
Mon - Thu 10:00 - 16:00
Phone: +43 1 997 17 49 (standard national rate for Austria)
Fax: +43 1 997 17 49 ext. 31
Internet: http://www.t-stripe.com
Information, data enquiries and complaints:
Email: info@t-stripe.com
Please note:
There is no showroom and no on site sales at this address. T-STRIPE is available in our web shop and from selected dealers.
Bank details:
Erste Bank
VAT ID no.: ATU65491201
Commercial register no.: FN340333s
Commercial register court: Vienna Commercial Court
ARA: 17738
ERA: 15425
EORI no.: ATEOS1000039967
WEEE reg. no. DE 72812953
Der Grüne Punkt: 5583588
Lucid registration number: DE4303006817081-V
Legal form: Limited liability company (GmbH)
Registered office: 1220 Vienna
Commercial register court: Vienna Commercial Court
Managing director: Ing. Maximilian Hron,
Address of the management: 1220 Vienna
Authority under the Austrian E-Commerce Act: Municipal District Office of the 22nd District
Applicable legal provisions: Austrian Trade Act, www.ris.bka.gv.at
Trade description: Trade in electrical appliances and heating elements
Member of the Austrian Federal Economic Chamber: Trade Division
Supervisory authority: 1220 Vienna Municipal Authority
Professional title / company object: Trade in electrical appliances and heating elements, Austria
Media owner (responsible for the content: T-STRIPE GmbH, 1220 Vienna)
Voluntary codes of conduct: www.guetezeichen.at
2. General
These General Terms and Conditions apply to the sale and delivery of goods as well as to the provision of services by our company. Our company delivers goods within the EU and provides services within Austria.
By ticking the checkbox in the shopping cart before placing the order, "I have read and accepted the Terms and Conditions", the buyer agrees to these General Terms and Conditions and is bound by them.
Our range of offers is non binding. The order placed by a customer with full legal capacity (persons aged 18 and over) constitutes an offer to conclude a purchase contract. The confirmation of receipt of the order subsequently sent by us does not yet constitute acceptance of the offer. The purchase contract is only concluded once we dispatch the ordered goods or by sending a second email as an order confirmation. All offers on our website are subject to change, non binding and available only while stocks last. Installing T-STRIPE may void the warranty provided by the window manufacturer. The buyer installs the product at their own risk. The buyer expressly acknowledges this and indemnifies and holds T-STRIPE harmless in this respect.
3. Ordering process, order correction, cancellation of the order
Once you have selected the desired product, you can add it to the shopping cart without obligation by clicking the [add to cart] button. You can view the contents of the shopping cart at any time and without obligation by clicking the [shopping cart] button. You can remove products from the shopping cart at any time by clicking the [delete] button. If you wish to purchase the products in your shopping cart, click the [checkout] button. Please then enter your details. For a first order, registration as a "new user" is required. For further orders it is sufficient to enter the login and password defined by the user during the initial registration. Your data is transmitted in encrypted form. After entering your details and selecting the payment and delivery method, the [confirm order] button takes you to the order page, where you can check your entries once again. By clicking the ["order with obligation to pay"] button you complete the ordering process. You can correct your entries using the "back" button of your browser. The ordering process can be cancelled at any time by closing the browser.
You can also obtain assistance regarding orders in our shop by phone at +43 1 9971749.
We store the contract text and send you the order confirmation by email. By logging in you can view and change your orders and your personal data at any time.
4. Contract language
The contract content, all other information, customer service, data information and the handling of complaints are provided in German.
5. Prices
Prices apply at the time of the order, including statutory VAT plus all charges arising from shipping. They are shown in the shopping cart before the contract is concluded and afterwards in the order confirmation sent to the customer. Should export or import duties become payable in the course of shipping, these are also borne by the customer (information on this is available from your competent customs office). Invoicing is in euros.
6. Right of withdrawal for consumers
Right of withdrawal for consumers:
Consumers as defined by the Austrian Consumer Protection Act have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is:
1. in the case of a service contract or a contract for the supply of water, gas or electricity, where they are not offered for sale in a limited volume or set quantity, of district heating or of digital content which is not supplied on a tangible medium: fourteen days from the day of conclusion of the contract.
2. in the case of a sales contract: fourteen days from the day on which you or a third party named by you, other than the carrier, took possession of the goods.
3. in the case of a contract for several goods ordered by the consumer in one single order and delivered separately: fourteen days from the day on which you or a third party named by you, other than the carrier, took possession of the last item of goods.
4. in the case of a contract for the delivery of goods in several partial shipments or pieces: fourteen days from the day on which you or a third party named by you, other than the carrier, took possession of the last partial shipment or the last piece.
5. in the case of a contract for the regular delivery of goods over a defined period of time: fourteen days from the day on which you or a third party named by you, other than the carrier, took possession of the first item of goods.
To exercise your right of withdrawal, you must inform us at
T-STRIPE GmbH
Rautenweg 8
1220 Vienna
AUSTRIA
Phone: +43 1 997 17 49 (standard national rate for Austria)
Fax: +43 1 997 17 49 ext. 31
Email: info@t-stripe.com
by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although it is not mandatory. (Optional) You can also complete and submit the model withdrawal form or another clear statement electronically in our web shop (https://www.t-stripe.com/informationen/widerruf/). If you make use of this option, we will send you confirmation of receipt of such a withdrawal without delay (e.g. by email).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
7. Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. In the case of sales contracts in which we have not offered to collect the goods ourselves in the event of withdrawal, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If you have received goods in connection with the contract, you shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us at
T-STRIPE GmbH
Rautenweg 8
1220 Vienna
AUSTRIA
The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If the customer is an entrepreneur, withdrawal is excluded entirely.
Download PDF: www.t-stripe.com/media/2b/fe/03/1753810800/Widerrufsformular.pdf
Model withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it)
T-STRIPE GmbH
Rautenweg 8
1220 Vienna
AUSTRIA
Fax: +43 1 997 17 49 ext. 31
Email: info@t-stripe.com
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods:
— Ordered on (*)…………………./received on (*)………………………………
— Invoice number…………..
— Name of consumer(s)…………………………………………………….
— Address of consumer(s)……………………………………………….
— Signature of consumer(s) (only if this form is notified on paper):
………………………………………...
— Date ………………………………………….
(*) Delete as applicable.
Notes for the smoothest possible processing of your return
Where possible, please return the item to us complete and in its original packaging. Please use the return slip which you can download from our website:
https://www.t-stripe.com/media/4d/9f/c4/1753812101/Ruecksendeschein.pdf
Return slip (please state the reason for the return) and enclose it with the parcel. Using the return slip and the original packaging is not a "must" and is not a precondition for exercising your right, but it simplifies and secures the processing for us.
The consumer has no right of withdrawal in the case of contracts for goods which are made to customer specifications or are clearly tailored to personal requirements.
8. Payment
We accept the following payment methods:
- PayPal and credit card (Eurocard/MasterCard and Visa)
- When paying by credit card, the account is debited on the same day. For credit card payment the customer provides the following data: cardholder, card number, credit card company, expiry date, CVV code. The data is transmitted via SSL encryption with a key length of at least 128 bit and is therefore not accessible to unauthorised parties.
Further information can be found here:
https://www.t-stripe.com/media/c2/d7/61/1753814580/T-STRIPE_Datenschutzerklaerung.pdf - sofortüberweisung.de
- Cash on delivery
- Bank transfer / prepayment
With the payment method "bank transfer", the customer must make payment within one week of receiving the order confirmation. Delivery only takes place after receipt of payment. If payment is not made within one week, the order may be cancelled by T-STRIPE.
9. Default of payment
If the customer is in default of payment, we are entitled to claim the statutory default interest. The statutory interest rate for monetary claims between entrepreneurs arising from business transactions is 8 (eight) percentage points above the base rate. Statutory default interest between consumers and entrepreneurs is 4 (four) percentage points above the base rate. (http://zinsklauseln.oenb.at)
10. Reminder and collection charges
In the event of default, even if the delay in payment is not their fault, the contractual partner undertakes to reimburse the reminder and collection charges to which we are entitled, insofar as these are necessary for appropriate legal action and reasonable in relation to the claim. In particular, the contractual partner undertakes, in the event that a collection agency is engaged, to reimburse the costs incurred by us as a result, provided these do not exceed the maximum rates of the remuneration payable to collection agencies. If we handle the reminder process ourselves, the debtor undertakes to pay an amount of EUR 12.00 per reminder as well as an amount of EUR 5.00 per half year for keeping records of the debt relationship in the reminder system.
11. Default of acceptance
In the event of default of acceptance by customers who have ordered as entrepreneurs, we are entitled to store the goods on our premises, for which we charge a storage fee of EUR 1 per calendar day commenced. At the same time we insist on performance of the contract.
12. Retention of title
We retain title to the delivered service or goods, or to the media processed or created by us, until receipt of all payments arising from the business relationship with the customer. If the customer resells goods subject to retention of title, they must also pass on the retention of title. The customer must notify us without delay of any access by third parties to our goods subject to retention of title. Pledging, transfer by way of security and similar measures concerning the goods subject to retention of title are only permitted with our prior consent. If payment is not made immediately after a reminder in the event of default of payment, our goods subject to retention of title must be surrendered without delay. The costs of taking back the goods are borne by the customer.
13. Data protection
The privacy policy can be found in a separate document.
https://www.t-stripe.com/media/c2/d7/61/1753814580/T-STRIPE_Datenschutzerklaerung.pdf
14. Statutory warranty, liability, guarantee
The statutory warranty is limited to the legal period of 24 months from acceptance of the goods by the buyer, or in the case of services from the date of the order.
In the case of justified complaints about defects, either free replacement or repair will be provided, for which a reasonable period must be allowed. If replacement or repair is not an option (not possible, excessive effort, unreasonable, missed deadline), the buyer is entitled to a price reduction or, if the defect is not minor, to rescission of the contract.
Defects that occur should be reported as far as possible upon delivery or as soon as they become apparent. If the purchase is a commercial transaction for the customer (B2B), the customer must inspect the goods no later than 2 weeks after receipt and notify us immediately upon discovering a defect.
Our company is liable exclusively for damages caused by intent and gross negligence. This does not apply to personal injury or to consumer transactions. Unless the transaction is a consumer transaction, the injured party must prove the existence of slight or gross negligence. Compensation for consequential damage caused by defects, as well as other property damage, financial loss and damage claimed by third parties against the customer, is excluded unless the transaction is a consumer transaction. Our company, as operator of the web shop named in the legal notice, provides its services with the greatest care, but is not liable for services provided by or obtained from third parties. Any guarantee must be asserted with the guarantor (the manufacturer, or sometimes the seller if the seller is the manufacturer) and is handled according to their provisions. Please refer to the contract confirmation for any guarantee conditions. Making use of the guarantee does not restrict the statutory warranty.
T-STRIPE warrants that the product sold under this agreement represents standard quality with production related variations in quality and dimensions and approximately corresponds to the specifications stated by T-STRIPE for this product. No warranty is given for properties not covered by the written specification, nor for specific processing or machining results. The seller gives no warranty of any kind, whether express or implied, including as to merchantability or fitness for a particular purpose. The buyer bears the risk regarding the suitability of the product for the intended use as well as all risks arising from the handling or use of the products, regardless of whether they are used individually or in combination with other products.
15. Applicable law, place of jurisdiction
The contractual partners agree on the application of Austrian law. If the consumer has their domicile or habitual residence in Austria or is employed in Austria, jurisdiction for an action against them may only be established at the court in whose district the domicile, habitual residence or place of employment is located; this does not apply to legal disputes that have already arisen. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to it are expressly excluded.
For contracts with companies, our registered office is agreed as the place of jurisdiction.
16. Place of performance for business transactions
The place of performance for all services under the contract is our registered office.
17. Copyright
All information, graphics and the design of our website serve exclusively for the personal information of our customers. Use is at your own risk. All data in this offer is protected by copyright. Reproduction, copying and printing of the entire website is permitted only for the purpose of placing an order with our company. Any further editing, duplication, distribution and/or public reproduction goes beyond customary use and constitutes an infringement of copyright.
18. Delivery
Delivery is made by GLS or post.
If not all ordered items are immediately available, the items available immediately will be sent straight away and the remaining items will follow as soon as they become available. However, delivery costs are charged only once per order, even in the case of partial delivery.
When goods are shipped, the risk of loss or damage to the goods passes to the consumer only once the goods have been delivered to the consumer or to a third party designated by the consumer other than the carrier. However, if the consumer has concluded the transport contract themselves without making use of an option proposed by us, the risk passes as soon as the goods are handed over to the carrier.
19. Delivery times
Our delivery is subject to the condition that we ourselves are supplied correctly and on time and that we are not responsible for any lack of availability. Unless otherwise agreed or stated on the item, we deliver, subject to availability, one week after receipt of your order.
If the standard delivery time cannot be met, we will inform you automatically by email. Should the customer not agree to the delayed delivery, they are entitled to withdraw from the contract without restriction.
20. Shipping costs
Please refer to this overview for shipping costs: (http://www.t-stripe-shop.com/index.php/Versand-und-Zahlungsbedingungen.
21. Storage of the contract
The contract text is stored by us and can be requested by you after completion of the ordering process. You can print the order data immediately after submitting it. To do so you can use either the subsequent page "Your order" or the "Confirmation of receipt" email.
22. Arbitration body
We undertake to participate in the arbitration procedure of the Internet Ombudsman office in the event of disputes: www.ombudsstelle.at
Further information on the types of procedure is available at www.ombudsstelle.at.
The ODR platform can also be used to settle disputes with our company: https://ec.europa.eu/consumers/odr
Our email address: info@t-stripe.com
23. Miscellaneous
Recourse claims within the meaning of the Austrian Product Liability Act are excluded unless the party entitled to recourse proves that the defect was caused within our sphere and was at least grossly negligent.
The contractual partner waives the possibility of set off. However, this does not apply in relation to consumers.
Voluntary codes of conduct: www.guetezeichen.at
This document is also available as a PDF file for download:
https://www.t-stripe.com/media/24/22/28/1753816131/T-STRIPE_AGB-Konsumenten.pdf
The PDF document is also easy to print.
The terms and conditions are also easy to print:
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GENERAL TERMS OF SALE AND DELIVERY of T-STRIPE GmbH for business customers (valid from: 1.5.2021)
https://www.t-stripe.com/media/6a/b5/00/1753817171/T-STRIPE_AGB-Firmenkunden.pdf
I. General
1. We execute orders exclusively in accordance with these General Terms of Sale and Delivery.
2. Conflicting general terms and conditions of the buyer are legally ineffective in any case, irrespective of the time of their receipt by us and even if they remain uncontested.
3. By entering into or continuing business relations with us, the buyer accepts these General Terms of Sale and Delivery.
4. Our offers are non binding. Unless otherwise agreed, our offers are valid for 3 months.
5. Orders are binding only if and to the extent that they have been confirmed by us in writing or fulfilled through performance and invoicing.
6. Ancillary agreements require written form without exception.
7. Installing T-STRIPE may void the warranty provided by the window manufacturer. The buyer installs the product at their own risk. The buyer expressly acknowledges this and indemnifies and holds T-STRIPE harmless in this respect.
II. Prices
1. Prices apply only to the destinations specified in the order confirmation and do not oblige us to deliver to other locations.
2. The unit of measurement determined at our plant (piece, weight, running metre, etc.) is always decisive for price calculation.
3. After conclusion of a contract in a foreign currency, we are entitled, in the event of a devaluation of the agreed currency unit by more than 3% in relation to the euro, either to withdraw from the contract or to adjust an invoice not yet paid at the time of devaluation accordingly.
III. Payment
1. Unless otherwise agreed, payments are due within 7 days less 2% cash discount, or net within 14 days of the invoice date.
2. Payments are always credited to the oldest due claim and any ancillary claims relating to it.
3. The buyer may only set off claims against T-STRIPE or assert a right of retention if the counterclaim is undisputed or has been legally established.
4. Bills of exchange and cheques are only deemed to be payment once they have been cashed.
5. All charges associated with the payment and cashing of cheques and bills of exchange, including discount interest, are borne by the buyer.
IV. Default, deterioration of the buyer's financial position
1. In the event of default of payment, default interest of 14% p.a. as well as reminder charges must be paid; furthermore, the costs of a collection agency and the fees of a lawyer engaged by us to recover the outstanding claim must be borne.
2. In the event of default of payment or of doubts about the buyer's solvency, T-STRIPE is entitled to call in all outstanding claims, to demand advance payment or securities before performance, or to withdraw from the contract in whole or in part or to suspend execution.
V. Delivery
1. Partial deliveries are permitted.
2. Our delivery times are non binding. Information on delivery dates always applies to deliveries ex works. Additional costs for airmail, express and urgent shipments are borne by the buyer.
3. Delivery is fulfilled and all risk passes to the buyer upon handover of the goods to the buyer, upon their dispatch for shipment or in the event of default of acceptance.
4. We are entitled to suspend further deliveries, to cancel existing delivery obligations or to send further deliveries only cash on delivery if the agreed payment term for previous deliveries has been exceeded.
5. Call off orders which are not fully divided into individual partial deliveries at the time of ordering generally have a term of no more than 12 months, calculated from the date the order was placed. After expiry of this period we may either demand acceptance of the goods or invoice the materials purchased for the order.
VI. Force majeure
Force majeure, operational disruptions at our own plant or at suppliers, shortages of labour, energy or raw materials, strikes and transport disruptions release T-STRIPE from the delivery obligation for the duration of the disruption and to the extent of its effect, and entitle T-STRIPE to withdraw from the contract in whole or in part.
VII. Retention of title
1. T-STRIPE retains title to the delivered goods until all claims of T-STRIPE against the buyer arising from the business relationship, including future claims arising from contracts concluded at the same time or later, have been settled. This also applies if individual or all claims of T-STRIPE have been included in a current account and the balance has been struck and acknowledged.
2. If, in connection with the payment of the purchase price by the buyer, a liability of T-STRIPE under a bill of exchange is established, the retention of title and other securities agreed for payment security do not lapse before the bill of exchange has been honoured by the buyer as drawee.
3. The buyer is obliged to adequately insure the goods delivered by T-STRIPE at their own expense against insurable damage (fire, water, theft, etc.). The buyer hereby assigns their claims under these insurance contracts to T-STRIPE in advance.
4. In the event of conduct by the buyer in breach of contract, in particular default of payment, T-STRIPE is entitled to take back the goods after setting a reasonable deadline. Taking back the goods or seizing them by T-STRIPE constitutes withdrawal from the contract, unless the Austrian Consumer Credit Act applies, only if T-STRIPE expressly declares this in writing. In the event of seizure or other interventions by third parties, the buyer must notify T-STRIPE in writing without delay.
5. The buyer is entitled to resell the goods in the ordinary course of business. However, the buyer already now assigns to T-STRIPE all claims in the amount of the invoice value of the goods subject to retention of title which accrue to the buyer from the resale against their customer or against third parties. T-STRIPE accepts this assignment. The buyer remains authorised to collect these claims even after the assignment, as long as the buyer complies with the contract and is not insolvent. T-STRIPE's authority to collect the claim itself remains unaffected; however, T-STRIPE undertakes not to disclose the assignment and not to collect the claims as long as the buyer duly meets their payment obligations towards T-STRIPE and is not insolvent. Otherwise T-STRIPE may, after setting a reasonable deadline, demand that the buyer disclose the assigned claims and their debtors, provide all information required for collection, hand over the relevant documents and notify the debtors of the assignment.
6. If the assigned claim against a third party debtor has been included in a current account, the respective balance claim, including the final balance, is assigned in the amount of the values applicable in the case of individual assignment.
7. Processing or transformation of the delivered goods is permitted within the scope of ordinary business operations, including together with other items not belonging to T-STRIPE. Processing or transformation by the buyer is carried out on behalf of T-STRIPE. T-STRIPE acquires ownership or co ownership of the new item at the time of processing. In all other respects, the same applies to the item created by processing or transformation as to the goods subject to retention of title delivered by T-STRIPE.
8. T-STRIPE undertakes to release the securities to which it is entitled to the extent that their value exceeds the claims to be secured, insofar as these have not yet been settled, by more than 20%.
VIII. Packaging
Unless otherwise agreed, additional costs for packaging are borne by the buyer. Crates, containers and pallets remain our property unless otherwise agreed or unless the packaging is paid for separately by the buyer.
IX. Transport, insurance and performance
1. The buyer bears the shipping risk; the seller's deliveries are therefore made ex works at the buyer's risk. These conditions apply equally to "carriage paid" and "franco" deliveries, based on the respective latest Incoterms.
2. In these cases, delivery is fulfilled when the goods leave our warehouse. If the departure of the goods from our warehouse is delayed through no fault of ours, the time of the declaration of readiness for dispatch is deemed to be the time of performance.
3. Unless otherwise agreed, any insurance is to be taken out by the buyer at their own expense.
4. In the case of FOB and CIF deliveries, the provisions of the respective latest Incoterms apply.
5. Under no circumstances do damages arising during transport entitle the buyer to pay the invoice later or to withhold the invoice amount in part or in full.
6. The choice of shipping route and shipping method is made by the seller. The buyer's wishes are taken into account where possible.
X. Tolerances
The weights, quantities, amounts, lengths and widths determined by the seller at the time of dispatch are decisive for assessing the delivered goods.
XI. Product liability
1. The buyer expressly waives the assertion of claims for compensation for property damage suffered in the course of their business.
2. In the event that the buyer resells the goods covered by the contract to another entrepreneur, the buyer undertakes to pass on the above exclusion of liability.
XII. Advertising
The buyer agrees to receive price lists, product information and special offers by telephone, fax or email.
XIII. Warranty
1. T-STRIPE warrants that the product sold under this agreement represents standard quality with production related variations in quality and dimensions and approximately corresponds to the specifications stated by T-STRIPE for this product. No warranty is given for properties not covered by the written specification, nor for specific processing or machining results. The seller gives no warranty of any kind, whether express or implied, including as to merchantability or fitness for a particular purpose. The buyer bears the risk regarding the suitability of the product for the intended use as well as all risks arising from the handling or use of the products, regardless of whether they are used individually or in combination with other products. Any samples shown or handed over to the buyer (in particular also larger sample deliveries) or templates serve only to illustrate the usual design and quality of the products and do not mean that the products necessarily correspond to this design and quality.
2. Properties of trial or sample deliveries are deemed warranted only if and to the extent that this is confirmed by us in writing.
3. The buyer must inspect the products immediately upon delivery. Notices of defects are only taken into account before the goods are processed or machined and only if they are submitted in writing stating the invoice or delivery note number, the product description and the specification of the fault. Where appropriate, representative samples must be provided. Obvious defects must be reported to the seller within 6 days and hidden defects within 60 days of arrival of the goods.
4. Notices of defects raised outside the cases and periods stated above, or in the event that the goods have not been handled or stored with the necessary care, are excluded.
5. Deliveries designated by agreement as trial deliveries do not entitle the buyer to give notice of defects.
6. Notices of defects are excluded in the case of inferior quality and waste material. In the case of justified notices of defects, the goods will be exchanged or taken back against a credit note at T-STRIPE's discretion. In the case of proven and acknowledged shortfalls (short delivery), T-STRIPE may choose between a subsequent delivery or a corresponding credit note.
7. Further warranty claims are excluded.
8. Returns may only be made with the express consent of the supplier.
XIV. Damages
Claims for damages against T-STRIPE for consequential damage caused by defects, in particular loss of production or lost profit, are excluded unless T-STRIPE is guilty of gross negligence.
XV. Place of performance, place of jurisdiction and applicable law
1. The place of performance for delivery is Vienna.
2. The contracting parties agree on the jurisdiction of the court with subject matter and local jurisdiction for the seller in Austria. However, the seller is entitled to assert its claims, at its discretion, before the court having jurisdiction for the buyer. The contractual relationship is governed by Austrian law.
This document is also available as a PDF file for download:
https://www.t-stripe.com/media/6a/b5/00/1753817171/T-STRIPE_AGB-Firmenkunden.pdf
The PDF document is also easy to print.
Free software for opening a PDF file:
Adobe Acrobat Reader © (Download: http://get.adobe.com/de/reader)