General Terms and Conditions - ZAJEDNO GmbH
1. general provisions
1.1 ZAJEDNO Gesellschaft m.b.H. operates a so-called ZAJEDNO Shop; contractual partners can order spare parts, accessories and accessory parts (i.e. the "contractual goods") from ZAJEDNO via e-commerce 24 hours a day, including weekends.
1.2 All deliveries and services of ZAJEDNO are subject to the present General Terms and Conditions; this also applies to future business, even if no explicit reference is made to the General Terms and Conditions. The contractual partner acknowledges the present General Terms and Conditions as legally binding by executing the order.
1.3 General terms and conditions of the contractual partner shall not be deemed to have been agreed and shall therefore be invalid.
1.4 ZAJEDNO reserves the right to change the terms and conditions at any time and publishes them on its website; after orders are technically only possible after explicit acknowledgement of the terms and conditions, the contractual partner accepts the terms and conditions in the amended version by placing an order.
1.5 Amendments and supplements to the contracts concluded on the basis of these GTC must be made in writing to be legally effective; the same applies to any departure from this formal requirement. Oral collateral agreements have no legal effect.
The place of performance is Salzburg.
2. conclusion of contract
2.1 The contracting party can within the framework of the ZAJEDNO Shop: A contract is concluded as soon as the duly completed order form has been confirmed by ZAJEDNO by e-mail and the order has been accepted.
2.2 ZAJEDNO reserves the right to refuse orders without giving reasons; in particular, orders will be refused if the ordered goods are not available or deliverable. In case of unavailability of the goods, the contractual partner will be informed immediately.
2.3 ZAJEDNO also reserves the right to reduce the quantity of orders, i.e. to accept orders only for a partial quantity or for certain contract goods.
3. prices and payment
3.1 Unless otherwise agreed in the order, the prices stated in the offer or order form shall apply. All prices are in EUR and include 20% VAT. Prices are subject to change, especially in case of errors.
3.2 The contractual partner acknowledges that he can pay the remuneration for the ordered goods as follows: Credit card, Paypal and immediate payment.
3.3 Compliance with the agreed payment dates is an essential condition for the performance of services by ZAJEDNO. In case of late payment, ZAJEDNO is entitled to charge additionally all expenses and costs arising from this, including costs of the necessary intervention of debt collection companies or lawyers as well as customary bank interest on arrears.
4. waiver of set-off
The contracting partner is not entitled to offset purchase price claims of ZAJEDNO with any counterclaims of any kind whatsoever, unless ZAJEDNO has acknowledged the counterclaims in writing or they have been legally established.
5. retention of title
The ordered or delivered goods remain the property of ZAJEDNO until full payment is received.
6.1 The delivery of the goods is - unless otherwise agreed - ex warehouse to the delivery address given; the delivery is made by mail or GLS; the delivery costs depending on the order will be charged to the contractual partner. ZAJEDNO will make every effort to deliver the ordered goods within 5 days from acceptance of the order; however, there is no claim in case of delay in delivery by the contractual partner.
6.2 The risk for the ordered goods shall pass to the customer when the goods are handed over to the post office or GLS; this also applies to partial deliveries. If the contracting partner does not accept the delivered goods, ZAJEDNO shall be entitled to withdraw from the contract or to claim damages for non-fulfilment after a set period of grace of 14 days; ZAJEDNO shall also be entitled to store the goods at the cost of the contracting partner and to insist on the retention of the purchase contract.
7. warranty / complaints
The statutory warranty provisions shall apply with the following special features:
7.1 The contractual partner must complain in writing about obvious, i.e. in particular visible, defects in the delivered goods including transport damage immediately upon delivery, but no later than 14 days after receipt, giving a detailed description. If this deadline is missed, warranty rights due to obvious defects are excluded; all other defects must be claimed against ZAJEDNO immediately after discovery within the warranty period of 6 months.
7.2 ZAJEDNO does not guarantee any specific characteristics for the contractual goods, unless the guarantee is made explicitly. ZAJEDNO shall only be liable for defects in the goods themselves. In particular, the contractual partner shall only be entitled to claims for damages due to any consequential harm caused by a defect if an expressly warranted characteristic is not present and the risk of consequential harm caused by a defect should be excluded by the warranty. Further claims of the customer - regardless of the legal basis - are excluded.
7.3 ZAJEDNO shall only be liable for damages outside the scope of the Product Liability Act if intent or deliberate gross negligence can be proven, within the scope of the statutory provisions. Liability for slight and gross negligence, compensation for consequential damages and financial losses, savings not achieved, lost profits, lost data, loss of interest and damages from claims of third parties against the customer are excluded to the greatest possible, legally permissible extent. In particular, any claims in case of failure of the ZAJEDNO servers and any loss of the order are excluded. Furthermore, claims for damages are limited to twice the sales price of the contractual goods concerned.
8. applicable law / place of jurisdiction
8.1 All differences of opinion and legal disputes arising in connection with the business relationship shall be governed exclusively by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
8.2 Insofar as not excluded by law, the statutory provisions applicable between entrepreneurs shall apply. For any disputes, the local jurisdiction of the court in Salzburg with jurisdiction over the subject matter shall be deemed agreed. For consumers in the sense of the Consumer Protection Act (KSchG), the place of jurisdiction shall be the place of residence, habitual abode or place of employment in accordance with § 14 KSchG.
9. severability clause
If individual provisions of these General Terms and Conditions of Business and/or the contract supplemented by them are or become invalid, the validity of the other provisions shall not be affected and the contract and these General Terms and Conditions of Business shall otherwise remain valid for both parties. The contracting parties are obliged to agree on a new provision, taking into account the interests of both parties, which comes closest to the purpose of the invalid provision.
All representations and texts of the ZAJEDNO homepage including the above general terms and conditions are protected by copyright. Any use beyond the intended use within the scope of the online order, in particular copying, imitation and the like, is prohibited without the express prior consent of ZAJEDNO.
11. order processing
The recording of Internet orders, EDP processing, dispatch and returns processing is carried out by Mail und Dialog Service GmbH, Römerstraße 14, 5400 Hallein, FN 336373t, Salzburg Regional Court, UID No. ATU 65307349.
12. data protection and security
Information on data protection
13. special provisions for consumers in the sense of the Consumer Protection Act for distance selling
Right of revocation / cancellation policy:
13.1 If the contractual partner of ZAJEDNO is a consumer within the meaning of the Consumer Protection Act, he has the right to cancel this contract within 14 days without giving reasons.
13.2 The revocation period is 14 days from the day on which the consumer has taken possession of the last delivered goods from an order. In order to exercise the right of withdrawal the consumer has to send a letter to ZAJEDNO Gesellschaft m.b.H, Käferheimerstr.14, A-5071 Wals b. Salzburg, ZAJEDNO -eshop€ ZAJED.NO by means of a clear statement (e.g. letter or e-mail sent by post) about the decision to revoke this contract.
13.3 The revocation period shall be deemed to have been observed if the consumer has sent the notification of the exercise of the right of revocation before the expiry of the period.
13.4 If the consumer revokes the contract, ZAJEDNO shall reimburse all payments that ZAJEDNO has received from the consumer immediately, but at the latest within 14 days from receipt of the revocation notice. ZAJEDNO shall use the same means of payment for the repayment as the consumer used for the original transaction, unless expressly agreed otherwise with the consumer. ZAJEDNO may refuse to refund until ZAJEDNO has received the goods back or until proof is provided that the consumer has returned the goods, whichever is the earlier. In any case, the consumer must return the goods to ZAJEDNO without delay, at the latest within 14 days from the day on which the consumer has declared to ZAJEDNO the cancellation of the contract. The time limit shall be deemed to have been observed if the consumer sends the goods before the expiry of the 14 day period. The direct costs of returning the goods shall be borne by the consumer.
13.5 The consumer shall only be liable for any loss of value if the loss of value is due to handling of the goods that is not necessary for testing the nature, properties and functionality of the goods.
13.6 The right of revocation does not apply to contracts for the delivery of goods for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer; the right of revocation expires prematurely in the case of contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, as well as in the case of sound or video recordings or computer software which are delivered in a sealed package if the seal was removed after delivery.