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1. General
The following General Terms and Conditions of Business apply to all
business relations between our customers and us. The version which is
valid at the time of concluding the agreement is decisive. General Terms
and Conditions of Business which differ from these, are opposed to them or
supplement them do not form part of the agreement even when they are
known, unless it is expressly agreed in writing that they shall apply.
By placing an order, the customer confirms his agreement to the general
terms and conditions of business, payment and supply below. The company
Thomas Mack (referred to below as aquadiskont, Thomas Mack e.U.) concludes
agreements with customers. Any amendment between the contracting parties
is only effective when this has been confirmed in writing by aquadiskont,
Thomas Mack e.U. by fax or email.
2. Conclusion of agreement
Our quotations are subject to confirmation and non-binding. We reserve the
right to make reasonable technical or other amendments.
With his order the customer declares his binding offer to enter into an
agreement. For goods ordered electronically we will confirm receipt of the
customer’s order immediately. Confirmation of receipt does not however
represent any binding acceptance of the order. Confirmation of receipt
only represents a declaration of acceptance when we expressly state this.
We are entitled to accept the offer to enter into an agreement contained
in the order within 2 weeks. For goods ordered electronically we are
entitled to accept the order within 3 working days of our receiving it.
We are entitled to decline to accept an order, for instance after checking
the creditworthiness of the customer. We are entitled to limit the order
to the quantity normally supplied.
When the consumer orders goods electronically, the text of the agreement
is saved electronically and sent to the customer together with the legally
effective General Terms and Conditions of Business which it includes by
email after the agreement has been concluded.
3. Prices and terms and conditions of payment
All prices include value added tax. The prices at the time the order is
received apply. Payment is normally due immediately if nothing different
has been agreed. Goods remain the property of aquadiskont, Thomas Mack e.U.
until they have been paid for in full.
We are entitled to increase prices if the costs of materials, transport
etc change.
3a. Payment in advance/bank transfer
In the case of payment in advance, the purchaser makes payment after the
agreement has been concluded and before the goods are supplied. Bank
accounts in Austria and Germany are available for this. The goods are
supplied after payment has been received (as outlined under Point 4).
Unjustifiable deductions will not be accepted. Any transfer fees or other
bank charges are always to be borne by the purchaser.
3b. Payment on delivery
Payment on delivery applies only for Austria. Any costs incurred through
payment on delivery are calculated using the tariff currently in force and
are to be borne by the purchaser.
Please note that the charge for payment on delivery is a handling charge
made by the logistics company.
3c. Credit cards
The credit card number and expiry date are supplied by the purchaser. The
data is transmitted using SSL security. You may view the security
certificate at any time via our website. Information is handled in strict
confidence and is used only for the purpose of paying the invoice due. We
are unable to accept credit card payments for goods purchased via Internet
auction companies.
3d. Payment for collection by the customer
No delivery charges apply for collection by the customer. A collection
time should be agreed beforehand by email or phone in order to ensure that
the goods are ready for collection. When collecting goods yourself you may
choose between cash payment, payment by debit card and payment by credit
card (Visa or MasterCard)
4. Delivery
Delivery chiefly takes place by parcel service and on an exceptional basis
by post.
The fixed delivery rates always apply to only 1 parcel. If for technical
reasons it is not possible to pack all the products chosen in one parcel,
we will inform you of suggested options by email.
Fixed delivery rates do not apply to products which can not be sent by
parcel service, such as aquariums, floor cupboards, glass bowls etc.
Special shipment costs apply to these products. We will be pleased to
answer enquiries about these by email.
Unless otherwise specified in the product description, goods are generally
supplied immediately, but at any event no later than 5 working days after
payments is received. In the event of delivery bottlenecks from the
manufacturer, interruption of operations or force majeure the delivery
period may increase to 30 working days. For special orders made especially
for the purchaser the manufacturer’s production times apply. Part
deliveries are valid. Subsequent deliveries in connection with this are
free of charge for the purchaser and are taken over in full by
aquadiskont, Thomas Mack e.U.. No claims for compensation due to delays in
delivery are admitted. All goods are supplied only under retention of
ownership until full payment has been made.
5. Refusal of acceptance
A refusal of acceptance occurs if a purchaser refuses to accept the
delivery for no apparent reason. In the event of this, aquadiskont, Thomas
Mack e.U. is entitled to retain the shipment costs and 25 % of the gross
order value. Return transport costs are calculated at the expense of the
purchaser.
6. Right of withdrawal (§§ 5a ff of the Consumer Protection Act [Konsumentenschutzgesetz])
In accordance with § 5e of the Consumer Protection Act, the purchaser has
the right to withdraw from agreements within 14 working days, calculated
to the receipt of delivery of the goods by the purchaser (and not before) or from the day
the agreement is concluded. Saturday does not count as a working day.
Withdrawal does not have to include a reason, and must be declared in
written format. To comply with the required time period, it is sufficient
to send a letter, fax or email to info@aquadiskont.com within the specified period.
Consequences of withdrawal
In the event of an effective withdrawal, any benefits received on both
sides are to be returned and any possible use derived (e.g. the advantages
gained from usage) is to be compensated. If the goods have deteriorated in
quality, aquadiskont may demand compensation for the loss of value. This
does not apply if the deterioration of the goods is solely due to their
having been inspected, as would have been possible for the customer in a
retail shop. The customer can generally avoid the obligation for
compensation for loss in value by not making use of the goods as if he
owned them, and not doing anything which might adversely affect the value
of the goods.
There is no right of withdrawal for goods which have been specially
manufactured, products which have been specially ordered (which are not
kept in stock as part of the aquadiskont product range), software which
has been opened, lighting appliances and packages of perishable goods
which have been opened (e.g. feedstuffs, plants).
Please send the product(s) to aquadiskont, Thomas Mack e.U., Völkermarkter
Straße 87, 9020 Klagenfurt, Austria.
We will credit the value of the goods after they have been inspected (in
respect of the packaging, use etc.). When exercising the right to
withdrawal, the consumer is obliged to return the goods to us if they can
be sent by parcel. When exercising the right to withdrawal the consumer is
obliged to pay the costs of returning the goods. The original shipment
costs from aquadiskont, Thomas Mack e.U. to the purchaser are not taken into
account and are also not reimbursed.
7. Warranty, guarantee, liability
The statutory claims under guarantee apply. No warranty or guarantee is
accepted for damages caused by inappropriate use or for parts subject to
wear (except for production faults). Demands for regress in the sense of
§12 of the Product Liability Act [Produkthaftungsgesetz] are excluded.
The statutory warranty periods from the respective manufacturers apply to
all products ordered from aquadiskont, Thomas Mack e.U.. You will find these on
the guarantee cards attached to the individual products. If the guarantee
is applied, this should be done using the manufacturer’s address shown on
the guarantee card.
In all cases we will meet the customer’s claims under guarantee by our
choice of either exchange, repair within an appropriate period or price
reduction. The customer may only request the cancellation of the sale
(cancellation of the agreement) if there is a substantial defect which can
not be remedied by means of exchange or repair and a price reduction does
not appear acceptable to the customer. No claims for compensation may be
lodged.
The warranties specified under Point 8 Damages in transit apply to tubing
and burners of all kinds.
aquadiskont, Thomas Mack e.U. accepts no liability for consequential damage.
8. Damage in transit
Goods must be inspected immediately upon receipt for possible damage in
transit. If any external damage is evident, this must be immediately
documented with the delivery staff. (The damage in transit must
immediately be brought to the attention of the delivery staff (postal or
parcel service) and documented on site, and must also immediately be
reported in writing by registered letter or by email to the transport
company and to aquadiskont). By signing on receipt of the parcel the
customer acknowledges that delivery has taken place without damage (this
also applies if the parcel is accepted by third parties). Later claims
arising from damage in transit can not be accepted, with the exception of
hidden defects caused by damage in transit. These are to be notified as
defects in writing within 48 hours of being discovered, to both the
transport company and aquadiskont.
9. Retention of title
All goods are supplied subject to retention of title and remain the
property of aquadiskont, Thomas Mack e.U. until full payment has been received.
The customer is obliged to handle the goods with care whilst retention of
title is still in force. If maintenance and inspection work is required
the customer has to undertake this regularly at his own expense. The
customer must inform us immediately in writing of all access to the goods
by third parties, especially enforcement measures, as well as any damage
to the goods or their destruction. The customer must immediately inform us
of any change in ownership of the goods or any change in his own address.
The customer must compensate us for all damages and costs arising due to
any breach of these obligations or necessary intervention measures to
prevent access to the goods by third parties.
In the event that the customer behaves contrary to the agreement,
especially in the event of a delay in payment, we are entitled to withdraw
from the agreement and to reclaim the goods. Moreover in the event of a
breach of duty according to the above terms and conditions we are also
entitled to withdraw from the contract and reclaim the goods if we no
longer consider it acceptable to comply with the agreement.
10. Data protection, copyright
aquadiskont, Thomas Mack e.U. undertakes to handle all information obtained in
the course of business confidentially in accordance with the Data
Protection Act and not to pass it on to third parties. The customer agrees
that in fulfilling this agreement we may save and process the personal
information contained in the purchase agreement using automated systems.
All logos, photos, proper nouns etc. are the intellectual property of the
respective firms, manufacturers or aquadiskont, Thomas Mack e.U.. The customer
does not receive any rights to exploit or utilise these.
11. Place of fulfilment and place of jurisdiction
The place of fulfilment and the place of jurisdiction for claims by both
sides is Klagenfurt. The Austrian court which has competence for our Head
Office both objectively and by reason of its location is agreed as the
place of jurisdiction for all disputes arising directly from the
agreement. If the customer is a consumer, this place of jurisdiction is
only agreed if the customer has his place of residence, his normal place
of stay or his place of employment in the area served by this court, or if
the customer lives abroad. It is taken as agreed that Austrian law
applies. The terms and conditions of the United Nations Convention on the
International Sale of Goods do not apply. The agreement is written in
German.
aquadiskont, Thomas Mack e.U. – Online shop
Völkermarkter Straße 87, 9020 Klagenfurt, Österreich
Tel.: +43 (463) 310444, Fax.: +43 (463) 310445, Email: info[a]aquadiskont.com
UID-No.: ATU25769406, Registration Nr.: FN307100v
Version as of 2008/02
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