terms and condition
§1 general, coverage
- The following terms and conditions manage the contractual relationship between SESCO Marketing & Sales GmbH and clients (in the following purchaser), who use the offers of SESCO Marketing & Sales GmbH which are provided online. The terms and conditions refer to the usage of the website www.cleanchair.at, as well as all subdomains of this domain. Decisive is the time of the conclusion of the contract valid version.
- Every order to SESCO Marketing & Sales GmbH succumb this terms and conditions. Therefore, all other conditions are debarred. By placing an order, it is approved, that the terms and conditions where read without reproach, where understood and accepted.
§2 conclusion of contract
- The offers provided online by SESCO Marketing & Sales GmbH are a noncommittal invitation to the purchaser, to order goods from SESCO Marketing & Sales GmbH.
- By ordering the desired object of purchase on the Internet, the purchaser makes a binding offer to conclude a purchase contract.
- SESCO Marketing & Sales GmbH is entitled to accept that offer within 3 (three) working days by submitting an order confirmation. The order confirmation is going to be delivered via mail. If the order confirmation does not arrive within this period, the offer is rejected.
- All our listed prices include the legal value added tax and are, if it is not explicitly mentioned, without shipping costs. The detailed delivery conditions respectively details concerning the shipping costs are explained separately on this website.
- We are allowed to rise or reduce the pricing depending on changes of wage costs because of collective contractual agreements in the industry or changes of internal financial statements or changes of other costs, which are relevant for calculation or performance such as materials, energy, transport, third party works, financing, etc.
- Printing errors or slight deviations in the online shop do not entitle claims for damages.
§4 manufacturing samples, patents and property rights
- The customer shall check on typographical errors and other errors on test print pictures and manufacturing samples and confirm to us online that they are ready for production. Solely the purchaser is liable for overseen errors.
- SESCO Marketing & Sales GmbH cannot withdraw or exchange goods with an individual logo design. Therefore, exact details are necessary.
- It is expressly agreed that should we produce articles based on the purchasers wishes SESCO Marketing & Sales GmbH shall not be held responsible for infringement of rights, in particular patent rights, claimed by a third party.
§5 payment, maturity, default of payment
- The goods are solely paid by prepayment. The delivery of goods will be prompted as soon as the invoice amount has arrived on our bank account in Austria.
- The prepayment binds the purchaser to pay the purchase price right after the conclusion of contract.
- If the purchaser is in default of payment, he is responsible for any negligence. The purchaser shall also be liable for an accident or coincidence, unless the damage would also have occurred if performance were effected on time.
- The purchase price is to be paid interest during the delay. The annual interest rate will be determined with 5 (five) per cent points over the basis interest rate. In the case of legal transactions involving a consumer is not involved, the interest rate is eight percentage points above the base rate.
- The shipping charges are the defined shipping charges on www.big-geschenke.at.
- The delivery to Switzerland is possible. The ordered goods are tax-exempt. However, we estimate a percentage surcharge of 20% on the net price. The purchaser must carry shipping costs as well as possible additional costs such as fees and duties completely.
- Delivery shall be effected by sending the purchase item to the address notified by the purchaser.
- Any delays of delivery and rendering of services which are a result of force majeure and any other events which were not foreseeable upon the conclusion of the contract or were not foreseeable in their actual scope that make the timely delivery or rendering of services substantially more difficult or impossible for us – this includes, for example, strikes, lockouts, political unrest, governmental directives, subsequent material procurement difficulties that occur without our fault, unforeseeable operational disruptions, damage from fire and frost, etc., even if they affect our suppliers or their own suppliers – shall entitle us to suspend the delivery or rendering of the services for the duration of the hindrance plus an appropriate start-up period even if delivery dates and deadlines have been agreed with binding effect.
- SESCO Marketing & Sales GmbH is entitled to make partial deliveries and provide partial services.
- If the customer refuses the receipt of goods for any reason the additional costs (eg. storage costs) must be borne by the purchaser – irrespective of our right to sell the goods to a third party and to hold the original customer liable for a possible loss.
- The risk will pass to the purchaser as soon as the consignment is handed over to the delivery address the purchaser has chosen.
- Shipping costs for delivery and return by exchange, cancellation or return because of non-acceptance or possible other causes, which lead to a return must be borne by the purchaser. The value of the returned goods will be refunded to the purchaser after deduction of the shipping costs.
- Goods that were damaged during return will not be taken back and have to be paid in full by the purchaser.
§7 retention of title
- The object of sale shall remain property of SESCO Marketing & Sales GmbH until the complete invoice amount was paid. Before taking possession of the goods, the purchaser cannot pawn, change, or work on said goods or use them as a security without express agreement from SESCO Marketing & Sales GmbH.
- SESCO Marketing & Sales GmbH carries guarantee that the object of purchase upon delivery is free of defects.
- Damaged, missing or defective goods must be immediately reported in writing to the carrier and must be notified in writing to SESCO Marketing & Sales GmbH within 7 (seven) days after receipt of the delivery. After that SESCO Marketing & Sales GmbH will provide an identical replacement product.
§9 limitation of liability
- SESCO Marketing & Sales GmbH is only liable for damages to life, body or health, when this is caused by the culpable breach of substantial contract obligations, as far as a violation against this endangers the contract or negligence by SESCO Marketing & Sales GmbH or the negligence of one of its legal representatives or executing aides. An obligation shall be regarded as being essential to the contract if its fulfilment only actually allows the contract to be duly executed and on whose observance the purchaser can regularly rely. Liabilities for compensation beyond this are excluded. Claims from a SESCO Marketing & Sales GmbH given guarantee for the quality of goods and purchase the products liability law remain unaffected.
- In every cause the upper liability limit is the sales value of the criticised product.
- According to the current level of technology data communication via internet cannot always be guaranteed to be without errors and/or available. Therefore, we are not responsible for the constant availability of our online shop.
§10 choice of law, place of jurisdiction
- For these terms and conditions of service and for the complete legal relationship between SESCO Marketing & Sales GmbH and the purchaser, Austrian law is exclusively applicable. The contract language is German. The contracting parties agree on Austrian/domestic jurisdiction. The court according to the location of our company is exclusively responsible to rule about any disputes arising from this contract. Application of the UN Sales Convention is excluded.