General Terms and Conditions of Serthify eU

 

Scope of the General Terms and Conditions:

These terms and conditions apply to all contracts and other legal transactions that are concluded within the scope of your company between Serthify eU and its contractual partners. The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.
Deviating, conflicting or supplementary terms and conditions of the respective contractual partner are hereby expressly contradicted, so that they do not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing.
Changes and additions to these GTC must be made in writing to be legally effective. Oral side agreements are only effective if they have been confirmed in writing by Serthify eU.

 

Conclusion of contract:

A contract between Serthify eU and a customer comes about through the transmission of an order confirmation from Serthify eU to the customer. A contract is also legally effective when the goods ordered by the customer are sent or handed over.
If the customer sends an offer to Serthify eU to conclude a contract, the offeror is bound to Serthify eU for at least 30 days from receipt of the offer. If possible, offers should be made using the contract forms provided by Serthify eU.
The contract language is German.

 

Prices, terms of payment, consequences of default, retention of title and offsetting:

• Prices

Unless otherwise stated, all Serthify eU prices include the statutory sales tax of (currently) 20%. In the event of a change in the items that are essential for Serthify eU's pricing calculations between the time the contract is concluded and the time the contract is fulfilled, Serthify eU is entitled to increase or reduce the prices in accordance with this change.

The prices do not include the costs of delivery or any other costs, customs duties or levies ("additional costs") incurred in the course of delivery.
We reserve the right to misprints and individual price changes.

 

• Terms of payment and consequences of default

Unless otherwise agreed, Serthify eU's claims are due for payment after receipt of the invoice.

Discount deductions are not permitted.
Payment is made according to the payment method chosen by the customer in accordance with the specifications of Serthify eU. If the customer's bank/payment or credit institution does not approve the payment in cash, Serthify eU can refuse to conclude the contract or - if the contract has already been concluded - withdraw from the contract without setting a grace period and surrender the service already provided desire.
In the event of late payment, Serthify eU is entitled to claim default interest of 9.2% points above the base interest rate pa, whereby the base interest rate that applies on the first calendar day of a half-year is decisive for the respective half-year. Serthify eU is also entitled to charge the dunning and collection fees necessary for the appropriate operation and collection of the claim. This does not exclude the assertion of further damage. 
In the case of consumers, the statutory default interest of 4% pa is agreed.

Serthify eU is entitled to send invoices to an email address provided by the contractual partner. When sending an invoice by e-mail, the contractual partner waives sending such an invoice by post or fax. This waiver is accepted by Serthify eU. The contractual partner must ensure that mail sent to him by e-mail can be properly received by him.

 

• retention of title and offsetting

Serthify eU retains ownership of the delivered goods until the outstanding amounts have been paid in full.
The customer is only entitled to offset against an undisputed or legally established claim. This does not apply to customers who are consumers within the meaning of the Consumer Protection Act.

 

Delivery and service:

The delivery times are non-binding, especially in the case of custom-made products.
In the event that the goods are made to measure according to the wishes and specifications of the customer, the customer's withdrawal from the contract is explicitly excluded.
The liability of Serthify eU is excluded in the event that there is a delay in delivery due to delivery difficulties of a company that Serthify eU uses.
The transfer of risk to the buyer occurs when the buyer takes over the goods or dispatches the goods to the buyer.

 

Exchange:

After consultation with Serthify eU, a return/exchange of the delivered goods can be granted as a gesture of goodwill. There is no legal entitlement to this.
The prerequisite for the return/exchange is always the flawless condition of the goods returned at the risk of the customer. The return must be made within 10 days. The product must be returned in its original packaging.
The return of the goods is at the expense of the customer.
Custom-made goods cannot be returned or exchanged.

 

Right of withdrawal for consumer transactions:

If the customer is a consumer within the meaning of the Consumer Protection Act in the currently applicable version, and the contractual declaration was made outside of the premises used continuously for business purposes or at a trade fair/market stand, the consumer has the right to withdraw in the currently applicable version of the Consumer Protection Act. In any case, the following locations belong to the rooms permanently used by Serthify eU:

Jochen-Rindt-Strasse 41, 1230 Vienna, Austria

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The withdrawal can be declared in accordance with the legal basis up to the conclusion of the contract or thereafter within 14 days, whereby the course of the withdrawal period begins with the receipt of a document by the consumer, which contains the instructions required under the Consumer Protection Act.
In the event that the consumer exercises the right of withdrawal, the services already received by both parties are to be refunded step by step, whereby Serthify eU is also entitled to charge an appropriate fee for the use made until the goods delivered are returned, including compensation for the associated reduction in the price fair value of the goods as well as compensation for the expenses in connection with the collection of the goods already delivered in a lump sum of € 80.00 including 20% VAT, subject to the assertion of higher proven expenses.

 

Warranty for non-consumer transactions:

The warranty period is 12 months unless special warranty obligations have been agreed for individual delivery items.
The goods must be inspected by the customer for any defects after acceptance. The buyer must notify Serthify eU of any defects within 14 days of delivery of the goods, otherwise the consequences of Section 377 (2) UGB will apply.
Serthify eU does not assume any guarantees that go beyond the legal claims, in particular no guarantee promises from suppliers of Serthify eU are accepted in their own promises.

 

Place of fulfillment:

The place of performance is the seat of the company Serthify eU, i.e. Jochen-Rindt-Straße 41, 1230 Vienna, Austria.

 

Choice of law and place of jurisdiction:

Austrian law is applicable, excluding the reference standards and the provisions of the UN Sales Convention.
For all legal disputes arising from contracts based on these general provisions, the international jurisdiction of Austrian courts is agreed.
The competent court for Vienna has exclusive local jurisdiction for all legal disputes arising from contracts based on these general provisions, with the exception of those relating to consumer transactions.