General Sales Terms and

Delivery Conditions

 

 

Getzner Textil Handel GmbH

(FN 78266y, Provincial Court Feldkirch)

 

last amended in January 2014

 

 

§ 1

Scope of application and extent

 

1.1. The present terms and conditions shall be applicable to all and any offers by and contracts with Getzner Textil Handel GmbH– hereinafter referred to as Getzner Textil Handel. With the placing of an order the contractual partner explicitly recognizes the validity of the present terms as being part of the contract. Deviations from the present terms shall only be valid if explicitly agreed upon in writing.

 

1.2. The present terms and conditions shall even be applicable if they are in contradiction with the general terms of business of the contractual partner.

1.3. The present General Terms of Sale and Delivery Conditions were brought to the attention of the contractual partner. Moreover, they can be inspected at any time on the website of HeDee Majestic Fine Fabrics  (www.hedee.at), from where they may be stored and printed.

 

§ 2

Conclusion of contract

 

2.1. A contract is deemed concluded through placing of an order by the customer (offer) and the written acceptance thereof by Getzner Textil Handel or through delivery of the goods ordered. If the acceptance deviates from the order placed, this shall be deemed to be a new non-binding offer by Getzner Textil Handel.

 

2.2. Modifications or amendments of an order require the written confirmation by Getzner Textil Handel in order to become effective.

 

§ 3

Goods

 

3.1. Delivery of the goods will be made according to the written confirmations of order.

 

3.2. Small quality inconsistencies and variances of material and production are deemed unavoidable and shall not be considered to be defects unless explicitly agreed otherwise or if the functional capabilities of the goods ordered is impaired thereby.

 

3.3. Getzner Textil Handel provides guarantee for the fitness for a certain use or processing of the delivered goods only if the use of the product is in conformity with the processing instructions of Getzner Textil Handel or if the provision of guarantee has been explicitly confirmed in writing.

§ 4

Offers, prices and terms of payment

 

4.1. All and any offers, quotes and cost estimates by Getzner Textil Handel are non-binding and subject to confirmation, particularly regarding terms of delivery and prices. Documents, proposals, etc. remain the intellectual property of Getzner Textil Handel and the business partner shall not be entitled to reproduce them and to make them accessible to third parties, unless otherwise explicitly provided for in writing.

 

4.2. The prices mentioned in the confirmation of order shall be applicable.

 

4.3. The prices shall be understood ex work and/or ex warehouse without any deductions and - unless otherwise provided for in writing - they shall be understood net, i.e. exclusive of the statutory value-added tax and of other taxes as well as exclusive of any charges to be settled by the customer for handling and for shipment. All expenses incurred for shipment inclusive of any possible import or export duties shall be borne by the contractual partner. Presently the following shipping costs are applicable:

 

EXPRESS shipments

           
                   
   

Zone 1

Zone 2

Zone 3

Zone 4

Zone 6

Zone 7

Zone 9

Zone 10

Destination

 

Austria

BENELUX; DE; IT; HR; SK; SI; CZ; HU;

GB ; DK; FR; SE;

IE; FI; BG; GR;PT;ES;

TR; BA; RU;    RS; FL;

USA -Canada

CN; HK;JP; TW;TH

AU; KR; AE;NZ;

 
                   

up to 5,0 kg

 

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

Express Saver

 

43,10

140,40

148,45

151,10

174,90

192,90

326,50

336,95

 

                 

up to 10,0 kg

 

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

Express Saver

 

48,55

196,90

213,20

216,80

242,00

306,75

465,65

466,65

 

                 

up to 15,0 kg

 

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

Express Saver

 

56,35

216,90

234,40

236,20

272,05

361,75

522,10

529,65

 

                 

up to 20,0 kg

 

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

Express Saver

 

64,20

236,95

255,65

259,95

298,15

411,60

573,30

592,65

 

                 

up to 26,0 kg

 

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

Express Saver

 

71,60

262,65

281,75

285,35

322,25

482,35

645,15

661,25

 

                 

up to 30,0 kg

 

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

Express Saver

 

76,50

279,80

299,10

302,15

338,40

529,45

693,10

707,00

 

                 

up to 40,0 kg

 

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

Express Saver

 

81,35

313,80

346,05

350,80

396,45

633,75

810,90

819,35

 

                 

up to 50,0 kg

 

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

Express Saver

 

86,10

349,70

394,85

399,40

446,20

738,05

929,15

937,35

 

 

 

 

 

Standard shipments

     

 

             
   

Zone 2

Zone 3

Zone 4

Zone 6

Zone 7

Destination

 

BENELUX; DE; IT; HR ; SK; SI; CZ; HU;

GB; DK; FR; SE;

IE; FI; BG; GR; PT; ES;

TR; BA; RS;

USA -Canada

 

 

 

 

 

 

 

 

up to 5,0 kg

 

EUR

EUR

EUR

EUR

EUR

individual parcel

 

27,60

34,20

55,15

67,70

88,15

 

           

up to 10,0 kg

 

EUR

EUR

EUR

EUR

EUR

individual parcel

 

30,35

36,95

62,10

79,25

153,45

 

           

up to 15,0 kg

 

EUR

EUR

EUR

EUR

EUR

individual parcel

 

33,70

39,95

68,65

106,85

195,00

 

           

up to 20,0 kg

 

EUR

EUR

EUR

EUR

EUR

individual parcel

 

35,95

42,05

73,00

131,55

222,65

 

           

up to 25,0 kg

 

EUR

EUR

EUR

EUR

EUR

individual parcel

 

39,10

52,95

79,55

145,90

250,65

 

           

up to 30,0 kg

 

EUR

EUR

EUR

EUR

EUR

individual parcel

 

41,25

60,25

83,90

155,40

269,30

 

           

up to 40,0 kg

 

EUR

EUR

EUR

EUR

EUR

individual parcel

 

61,40

78,40

110,20

171,75

336,10

 

           

up to 50,0 kg

 

EUR

EUR

EUR

EUR

EUR

individual parcel

 

81,60

96,90

136,55

198,35

362,70

                     

 

In the Online store hedee-europe.jimdo.com the prices shall be understood brut, i.e. inclusive of the statutory value-added tax and of other taxes as well as inclusive of any charges for handling and for shipment.

 

4.4. In the event of an increase of manufacturing costs incurred between the time of the confirmation of order and the delivery, Getzner Textil Handel shall be entitled to adjust the prices appropriately provided this increase was due to circumstances beyond the control of Getzner Textil Handel (e.g. costs of material, tax increase, etc.). Any eventual changes shall be notified without delay to the contractual partner. 

 

4.5. Getzner Textil Handel shall be entitled to request advance payments on the purchase price and/or securities for the payment of the purchase price without stating any reasons therefore.

 

If such advance payments are not effected and/or securities not provided, Getzner Textil Handel shall be entitled to rescind the contract and to request compensation for any eventual damage of any kind whatsoever, that might have occurred to him due to the rescission of the contract. In the case of business transactions with consumers as defined by the Consumer Protection Act, this provision shall only be applicable if this has been previously explicitly agreed upon.

 

4.6. The prices mentioned in catalogues, brochures, price lists, etc, shall always be subject to confirmation - unless it has been explicitly agreed otherwise in individual cases. Prices are non-binding for any eventual add-on orders.

 

4.7. Unless explicitly otherwise agreed upon, invoices shall be payable without any deductions whatsoever within 30 days after the date of invoice. The observance of the term of payment is an essential condition for the fulfillment of the contract.

 

 4.8. In case of late payment, default interest of 10% p.a. shall become due. Moreover, the contractual partner shall compensate to Albert Bösch the reminder fees and all and any necessary and appropriate expenses accruing through or related with the assertion of his claim by a solicitor or a court.

 

4.9. Incoming payments will first be set off against dunning/recovery expenses, and then against incurred interest and finally against the earliest claim outstanding. This shall be applicable irrespective of a possible payment reference made by the contractual partner.

 

4.10. The contractual partner shall not be entitled to withhold any payments or set off his payments against counterclaims for any reasons whatsoever, unless these counterclaims have explicitly been recognized or judicially determined.

 

§ 5

Fulfillment of contract and shipment

 

5.1. All deliveries are made ex work and/or warehouse unless another form of shipment has been agreed upon. The goods are shipped in any case at the risk of the contractual partner. All possible duties, import or export duties, etc. shall be borne by the contractual partner.

 

5.2. Place of fulfillment shall be A-6890 Lustenau and/or the place of the warehouse.

 

5.3. Getzner Textil Handel pays effort on executing accepted orders as quickly as possible. Terms of delivery - unless otherwise agreed upon in writing - shall be non-binding. As the agreed delivery terms are dependent on the situation at the time of order placing and the requisitions of normal material acquisition and manufacturing capabilities, the proposed terms shall be redefined in case of events of any kind whatsoever that might lead to a delay in delivery. Getzner Textil Handel will notify the customer about modified terms of delivery as quickly as possible.

 

5.4. The delivery commitment of Getzner Textil Handel shall be suspended as long as the business partner is in default of payment of outstanding debts, as well as of other liabilities and debts towards Getzner Textil Handel.

 

5.5. Delivery ex work shall be deemed effected as soon as the readiness for delivery is notified to the customer. In case another form of delivery has explicitly been agreed upon, delivery shall be deemed executed as soon as the goods are unloaded in the stipulated place of delivery (ramp). The business partner must take care for a proper reception of the goods. In case the goods are not accepted by the business partner or if the performance is delayed or impaired by other reasons under the control of the business partner, Getzner Textil Handel shall be entitled to store the goods at the expense of the business partner and to rescind the contract regarding the relevant delivery after an appropriate term. The business partner must compensate all and any damage incurred to Getzner Textil Handel thereby. The business partner shall completely indemnify Getzner Textil Handel and hold him harmless in respect of legal proceedings and claims.

 

5.6. Slight delays in observing the time-limit for deliveries shall be admissible without the business partner being allowed to assert any claims of any kind whatsoever. The assertion of possible rights in case of late delivery shall only be admissible after the granting or an appropriate period of grace.

 

5.7.  Getzner Textil Handel will only be able to observe the agreed days of performance if the business partner will hand over to him in due time the complete documents and information required for the manufacturing of the goods. This also applies to documents and information that will only be requested by Getzner Textil Handel after the acceptance of the order. Delayed delivery and increase of costs that might occur due to incorrect, incomplete or subsequently modified information or documents produced by the business partner, will not be borne by Getzner Textil Handel and will not justify a delay in delivery or in performance by Getzner Textil Handel. Hence resulting additional costs shall be borne by the customer.

 

If the customer falls behind with his duty to cooperate, Getzner Textil Handel shall be entitled to rescind the contract after a period of grace of 14 days. The customer must indemnify Getzner Textil Handel for the full resulting damage.

 

5.8. Getzner Textil Handel shall be entitled to effect partial deliveries.

 

5.9. Business partners, who are not consumers as defined by the Consumer Protection Act, must verify the deliveries from Getzner Textil Handel immediately as to their completeness and defectiveness. A notice about any possible defects must be made immediately in writing.

 

 § 6

Warranty and liability

 

6.1. Getzner Textil Handel assumes the warranty for the agreed quality of the supplied goods as well as for the regular assumed characteristics of the goods. A warranty beyond the aforementioned is excluded.

 

6.2. Customary or slight deviations in quality, quantity (about 3% are deemed customary in the industry), color, size, weight, design, etc. shall not justify a complaint for defect or a failure to perform the contract.

 

6.3. The deadline for the assertion of a complaint for warranty and claims for damages shall be six months after the date of delivery or of the respective partial delivery. Hidden defects must be asserted within a period not longer than three months after detection. To business partners, who are customers as defined by the Consumer Protection Act, the statutory period shall be applicable. In the case of warranty claims the deadline for consumers will consequently be two years, in case of claims for damage the deadline will be three years after detection of the damage and the author of the damage.

 

6.4. In warranty cases Getzner Textil Handel is entitled at his own discretion to a rectification, exchange or replacement within an appropriate time-limit. Further claims of whatsoever kind by the business partner beyond the aforementioned  shall be excluded.

 

6.5. Warranty claims and claims for damages are limited in any case exclusively to the invoiced value of the supplied defective goods subject to compulsory statutory provisions.

 

6.6. Getzner Textil Handel shall be held liable for any damages resulting from the non-performance, for delays or for other reasons only if they were caused deliberately or due to gross negligence by Getzner Textil Handel. A liability for slightly negligent behavior shall be excluded.

 

Further compensation for damages, particularly a compensation of indirect damages, of consequential damages, financial losses caused to third parties and of lost profits is explicitly excluded, unless there are contradictory compulsory statutory reasons.

 

6.7. Product liability by Getzner Textil Handel is explicitly excluded unless there are contradictory compulsory statutory reasons.

 

6.8. Getzner Textil Handel provides all services, particularly in connection with hedee-europe.jimdo.com, in compliance with the existing technical, economic, operational and organizational feasibility. No liability will be assumed for any interruptions, disturbances, delays, cancellations, faulty transmissions or a memory failure in connection with the use of services and/or of communication.

 

6.9. Getzner Textil Handel will not assume any warranty and/or liability for the accuracy of the content, the uptodateness, freedom from errors or completeness of the services offered (information, etc.) in the webshop as well as for a determined applicability or usability of such services.

 

6.10. Commentaries via blogs, Facebook, Twitter and other social media should enable an objective discussion. In order to maintain objectivity, Getzner Textil Handel reserves the right to cancel or have cancelled certain posts that would not contribute to such a discussion and that do not refer to the posts. There is no entitlement to publication. Commentaries, that are racist, obscene, vulgar, sexist, obnoxious  or even threatening or that are in breach of any law are strictly forbidden and will be cancelled. All contents represent the sole opinion of the respective author. Each user shall be responsible himself/herself for the posts published by him/her. Getzner Textil Handel will not assume any liability and/or warranty for the correctness and completeness of the contents.

 

§ 7

Retention of title

 

7.1. Getzner Textil Handel will retain title of ownership to all goods until complete settlement of all claims (of any kind whatsoever) of Albert Bösch towards the business partner, inclusive of all accompanying charges and costs.

 

7.2. Pledging of goods to which Getzner Textil Handel retains a title of ownership requires an explicit written consent by Getzner Textil Handel. In the case of a resale or a transfer of the goods, the existing retention of title must explicitly be notified to the purchaser and/or the beneficiary of the goods.

 

7.3. If a third party gets access to goods to which Getzner Textil Handel retains a title of ownership, the business partner must immediately inform the third party about the existing retention of title, notify Getzner Textil Handel immediately in writing and disclose to him the name of this third party.

 

7.4. The business party commits himself to observe the labelling obligation and other formal requirements for the protection of the right to ownership and shall be held liable towards Getzner Textil Handel for any risks regarding the goods entrusted to him/her, particularly for loss, damages and theft.

 

7.5. If Getzner Textil Handel makes use of his right to ownership, the business partner has to compensate to Getzner Textil Handel the expenses, charges, etc. resulting from the collection and retransfer of the goods.

 

 

§ 8

Copyright protection

 

8.1. All individual performances, as well as the services offered by Getzner Textil Handel, particularly the content and the design of the internet portal are protected by copyright. Unless otherwise explicitly mentioned, all individual performances, labels, samples and copyrights as well as other intangible property rights, particularly designs, contents, charts, source texts and the like retrievable on the website are owned by Getzner Textil Handel and no rights whatsoever will be granted to the contractual partner and/or user. In particular, the contractual partner and/or the user shall not be entitled to duplicate, copy or use such data beyond the execution of the placing of orders.

 

 

8.2. The word marks / design marks

are internationally subject to copyright and trademark protection. The use of these marks or of parts thereof shall not be admissible without the prior written consent of Getzner Textil Handel.

 

8.3. The business partner and/or the user of the internet portal shall undertake to refrain from any use or utilization of any kind whatsoever of the offered services, particularly each duplication, memorizing, converting, publication, sale or processing of information, texts, charts, files, layouts, etc.

 

§ 9

Links

 

9.1. Hyperlinks to websites operated by Getzner Textil Handel shall only be created upon prior written consent by Getzner Textil Handel. A possibly granted consent shall in any case be deemed granted subject to the right to revocableness at any time.

 

9.2. The integration of a website provided or operated by a third party into the internet portal operated by Getzner Textil Handel shall not be deemed a recommendation or guarantee regarding the services offered and/or implied, particularly information, as well as the goods or services offered. Such links are merely an additional service offered to the business partners and/or users. Getzner Textil Handel will not assume any warranty and/or liability for the uptodateness, correctness, completeness and the content of such websites.

 

§ 10

Data privacy / Confidentiality

 

10.1. Getzner Textil Handel shall be entitled to process, particularly to memorize personalized data of the contractual partner and/or the user, such as first name/s, surname, sex, academic title, date and place of birth, address, invoice address, means of identification, nationality, profession/industry, phone number, fax number, email address within the scope of data privacy to the purpose of access to services as well as to the use of services.

 

10.2. Getzner Textil Handel will not grant to third parties any access to the personal data of the business partner and/or user - except for compulsory statutory reasons. These data will be protected most carefully against any unauthorized access.

It is however pointed out to the business partner and/or user that the world wide web is accessible to everyone and that an abuse cannot be excluded and that consequently, an unauthorized access to such data and information by third parties cannot be excluded.

 

10.3. Secrecy must be kept by the business partners regarding all trade and business secrets that have become known to them in the course of their business transactions. The business partner must ensure that this duty will also be observed by his/her employees.

 

§ 11

Final clauses

 

11.1. The invalidity of individual provisions of this contract shall not affect the validity of the remaining provisions and the continued existence of the remaining provisions of the present  contract. The contracting parties undertake to replace the invalid provision by such valid provision which reflects the intended economic purpose as much as possible and is legally admissible.

 

11.2. Place of performance for all contracts shall be A-6890 Lustenau.

 

11.3. All contracts shall be governed by Austrian substantive and procedural law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. In the case of business transactions with consumers as defined by the Consumer Protection Act this shall apply subject to the observance of the compulsory statutory legal provisions.

 

11.4. All litigations in relation with or resulting from the contracts, uses, etc.  shall exclusively be submitted to the court having competence for A-6890 Lustenau. Getzner Textil Handel shall be entitled to assert his claims at the regular venue of the business partner.

 

11.5. The aforementioned provisions shall only be applicable to consumers as defined by the Consumer Protection Act to the extent as there are no other legal provisions applicable.

 

 

11.6. If the present General Sales Terms and Delivery Conditions refer to legal provisions, this means exclusively legal provisions as last amended directly applicable in Austria.