Terms of sale and delivery

1. Quotation, order, price
1.1. The following terms and conditions of sale and delivery apply to all contracts concluded with us. Other conditions are only binding on us if they are accepted by us in writing. This also applies in the event that the customer refers to their own terms and conditions of purchase. Verbal agreements that contain an additional obligation for us are only binding if they are confirmed by us in writing.
1.2. Our prices are subject to change. The dimensions stated in the price list correspond to the applicable standards and will be changed accordingly if the standard dimensions are changed.
1.3. Our prices exclude statutory VAT ex works. Packaging, freight and transport insurance costs shall be borne by the customer.
1.4. When goods are ordered electronically, we will immediately confirm receipt of the customer's order. The acknowledgement of receipt does not yet constitute a binding declaration of acceptance of the order; unless we expressly state this. When goods are ordered electronically, we are entitled to accept the order within three working days.

2. Payment terms, withdrawal
2.1. Our invoices are due for payment net without deduction 30 days from the invoice date. The purchase price is due immediately if the customer defaults on other payment obligations towards us. If the payment period is exceeded, 12% default interest will be charged from the due date to the payment date, subject to the assertion of further default damage.
2.2. The customer has the right to offset only if their claims have been legally established or have been recognised by us.
2.3. If the customer falls more than 30 days behind on payment, or if garnishments are carried out against them, or their financial situation deteriorates significantly, we are entitled to withdraw from all outstanding supply contracts or to demand advance payments.

3. Delivery
3.1. Partial deliveries are permitted.
3.2. We endeavour to meet the delivery deadlines as precisely as possible. Delivery times are not binding. If the end of the delivery period falls within the period of company leave, the delivery period shall be extended by the duration of the company leave. In any case, claims for damages or cancellation of the contract due to late delivery are excluded unless gross negligence is proven to us.

4. Transfer of risk
Shipment is always at the expense and risk of the customer. We are not liable for damage and losses during transport. In the absence of special shipping regulations of the customer, we have to effect the shipment in the best way at our discretion. If the customer does not make any other provisions about insurance against transport damage, this can be done by us at the expense of the customer without further formality. However, we are not obliged to take out insurance.

5. Retention of title
The delivered goods remain our property, without prejudice to the earlier transfer of risk, until full payment of all obligations of the customer arising from the delivery contract. As long as the goods are our property, the customer is not entitled to pledge the delivered goods to a third party or to transfer them as security. If our property is in danger from a third party, we must be notified immediately. Should a bailiff wish to mortgage the delivered goods, that bailiff must be informed of our ownership rights with a specification of our company name and our address. The customer must compensate us for all damages and costs arising from a breach of these obligations and from necessary intervention measures against access to the goods by third parties.

6. Warranty, limitation of liability and indemnification
6.1. The customer must examine the shipment in detail immediately after delivery. Complaints due to incomplete delivery or discovered defects must be reported in writing within 8 days of receipt of the individual deliveries, otherwise the delivery shall be deemed to have been accepted unconditionally and claims for warranty and damages in this regard shall be waived. The defect must be clearly identified in type and scope so that we can unmistakably determine the reason for the complaint. The customer is obliged to ensure the temporary storage of the goods in question. Furthermore, we are liable for defects in the delivery, to the exclusion of any further claims: all parts that within six months from the date of delivery can be shown to have become unusable or whose usability has been significantly impaired due to circumstances existing prior to the transfer of risk, particularly due to faulty design, poor materials, or defective workmanship, shall be repaired or replaced free of charge at our discretion. Warranty does not cover natural wear, improper handling, excessive use, negligence, or alterations carried out without our approval. Warranty claims can only be accepted if they are made in writing to us immediately after the defect has been discovered. These parts must be shipped to us at the sender’s expense. The replaced item becomes our property upon replacement delivery or credit.
6.2. Outside the scope of the Product Liability Act, our liability is limited to intentional misconduct and gross negligence. Liability for ordinary and simple negligence, for consequential or financial losses, unrealised savings, lost interest, and for damages arising from claims by third parties against the customer is excluded. Recourse under Section 12 of the Product Liability Act is excluded.
6.3. We are only liable for content that we provide on our online shop’s website. As far as we provide links to other websites with links, we are not responsible for the third-party content contained therein. We do not adopt foreign content as our own. If we become aware of unlawful content on third parties’ websites we will block the access to these websites without delay.

7. Acceptance, call-off, return
7.1. Goods purchased on call-off must be accepted within twelve months from the order date. In the event of late acceptance, we are entitled to store the goods ready for dispatch at the expense and risk of the customer and to invoice them as delivered at the expense of all costs incurred. If acceptance is delayed beyond the twelve-month period, we are in any case entitled to withdraw from the contract and, without prejudice to further claims, to charge the customer a 10% cancellation fee.
7.2. Ordered goods are strictly non-returnable. Any returns will therefore not be accepted and will be returned at the expense and risk of the customer.

8. Intellectual Property, Drawings, Samples
The customer is responsible for ensuring that their specifications or the use of drawings, samples, or other execution instructions provided to us, do not infringe the rights of third parties, in particular trademark, design, patent or copyright rights. The customer is obliged to indemnify and hold us harmless in this regard. No liability is assumed for the loss or damage of documents provided. An insurance in this regard is only concluded by express order and at the expense of the customer.

9. Data protection
9.1. Through our "Privacy Notice", we inform our customers about:

  • the nature, scope and purpose of the collection, processing and use of personal data necessary for the execution of orders and invoices;
  • their right to object to the creation and use of their anonymised user profile for advertising purposes and to tailor our offer to their needs;
  • data transmission to third companies committed to comply with data privacy regulations commissioned by us for the purpose of dispatching the goods and assessment of credit standing;
  • the right to free access to their personal data stored by us;
  • the right to rectification, deletion and blocking of their personal data stored by us;
  • Any collection, processing, or use of personal data beyond what is described in Section 1 requires the customer’s consent. The customer has the opportunity to give this consent before placing an order. The customer has the right to revoke their consent at any time with effect for the future (see "Data Protection Consent").

10. General, place of performance, jurisdiction, choice of law
10.1. The legal invalidity of any part of these Terms and Conditions of sale and delivery does not affect the validity of the remaining provisions. The version of the Terms and Conditions valid at the time of conclusion of the contract shall apply.
10.2. The place of performance for delivery and payment is exclusively A‑5412 Puch bei Hallein, unless otherwise specified in the order confirmation.
10.3. Salzburg shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship, with the exceptions noted below:
10.4. These Terms and Conditions, and all contracts concluded under them, are subject to Austrian substantive law, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
10.5. Mandatory rights of a consumer under the Austrian Consumer Protection Act are not restricted by the foregoing provisions.

PRIVACY NOTICE
In the event of a contract, we collect and process the personal data you provide to us in our system and use it for the duration of the contractual process, i.e., for order processing and invoicing. Personal data is all information on the basis of which a person can be identified directly or indirectly, e.g. name, home address, e-mail address, date of birth, profession, account details, etc. We create and use anonymous user profiles for the purposes of advertising, market research and the needs-based design of our offer. You have the right to object to this, which you can exercise against us at any time by sending your objection to us by post / fax / e-mail. We are happy to provide you with information free of charge regarding your personal data stored in our database. You may request us to correct, delete and block the personal data stored in our database at any time. For the purpose and for the duration of the credit check and to avoid payment defaults, we pass on your personal data required for this purpose to the company commissioned by us. Furthermore, for the purpose and duration of shipping the goods, we forward your necessary personal data to the company commissioned by us for this task.

DATA PROTECTION CONSENT
I hereby expressly consent to the collection, processing, and use of my personal data, which I have provided in the order form, by Alpen-Maykestag GmbH and its subsidiaries for the purposes of their own marketing toward me as a customer, including, but not limited to, the creation of a customer database. This consent may be revoked at any time with effect for the future.