Valid since the 17th of September 2013
1. Legal Notice
werner eis company austria operates the virtual aXbo shop www.axbo.se/www.axbo.com.
The technical processing is implemented by the e-commerce platform Shopify.
werner eis company austria
2000 Stockerau, Austria
Telephone: +43 (660) 4725 937
Telefax: +43 (2266) 611-11
In case of any questions, data enquiries and complaints please address our Service- & Support Center. Further information can be found at Contact.
Commercial Court Korneuburg
VAT Reg.Nr: ATU 18310600
Member of the WKO (Austrian Chamber of Economics, trade sector)
Right of rescission: 30 days upon receipt of goods, or from the date of ordering services
Warranty: according to the statutory regulations (24 months)
Place of performance and jurisdiction: Korneuburg
Supervisory authority: District Court Korneuburg
Governing law regulations: Trade Code
Description of business: Trade
Media owner, publisher, editor:
werner eis company austria
Address, post code, city: see address above
Type of business: development, production, marketing and sales of innovative technologies and products
The General Terms and Conditions apply to the sales and delivery of goods by werner eis company austria. Any deviating conditions on the part of the buyer shall only be valid if written or signed consent has been given thereto. When depositing an order, the buyer thereby declares himself to be in agreement with these general terms and conditions and to be bound to such general terms and conditions. Our offer range is without obligation. Orders by the customer shall be considered as an intent to purchase. The confirmation of the receipt of the order subsequently signed by us and any following status reports do not yet constitute the acceptance of the offer. The purchase contract shall only be considered once we have a dispatched the ordered goods and confirmed this consignment to the customer.
It shall only be possible to order goods after logging in has been completed. In the case of a first order it is necessary to register as a "New User." For additional orders it will suffice to enter the login and the password as established in the initial registration.
Consumers: in the case of legal transactions with consumers within the meaning of the Austrian Consumer Protection Act (“Konsumentenschutzgesetz”), these General Terms and Conditions of Business and Delivery shall apply insofar as they do not contradict any applicable mandatory provisions of the Consumer Protection Act.
4. Language of the Contract
The contents of the contract and all other information concerning customer services, data information and processing of complaints shall be made throughout in the English language.
Unless stated otherwise, all prices quoted shall be deemed current gross prices "ex works," including the statutory sales tax plus all expenses in connection with the freight, shipment, or other means of dispatch. If any export or import taxes become due in the course of the dispatch of the goods these shall be borne by the ordering party. In the case of sales to customers outside of the European Union, no sales taxes will be accrued, however, such customers will be obliged to pay the national import duties for that particular country. In the case of sales to enterprises within the European Union, no Austrian sales tax will be included provided that the VAT registration number is quoted; such enterprises will instead be obliged to pay the sales tax in their state of domicile. Invoicing will be made in Euros.
6. Right of Rescission
Persons ordering, who are consumers within the meaning of the Consumer Protection Act (“Konsumentenschutzgesetz”), may withdraw from the concluded contract within a period of 30 days upon receipt of the consignment of the ordered goods providint that the contract was concluded remotely (or where this was a remotely submitted contractual declaration). It shall suffice to send the declaration of rescission within the stated period without stating any reasons. In the case of such rescission a whole or partial reimbursement of the purchase price shall only be made against simultaneous return of the received goods by the person ordering. One condition hereof is that the goods do not show any signs of use and that they are in a resaleable and new condition and sent back in the original packaging. The costs of postage or forwarding shall be borne by the customer (when the customer resides in Austria).
In the case of consumers who are resident in Germany, the following regulations shall apply with regard to the return of goods within the withdrawal period of 14 days: as of an order value of 40 Euros, we will assume the costs of returning the goods; for an order value below this amount the customer shall be obliged to assume the costs of returning the goods. In the case of articles that are damaged by signs of use, or whose packaging is damaged, we shall charge accordingly for the deterioration in value. The same shall apply in the case of returned goods where the accessories (such as manuals, wristbands, USB-cables, power plug and/or adapter, sensors, etc.) are missing. A right of rescission does not exist in the case of software whose seal has been broken, nor for services that have been rendered online (e.g. software for downloading).
Contents of service/delivery: werner eis company austria reserves the right to change the offered services (of www.axbo.se/www.axbo.com) in their content and optically at any time. The prices for those deliveries and services offered by ww.axbo.com do not include costs that are charged by third parties. In the case that not all articles ordered are immediately available, those articles that are immediately available shall be delivered immediately and the additional articles shall be delivered later as soon as these are available. The costs of dispatch will be invoiced separately. The delivery shall be made via GO! Express, i-Log, EMS, regular mail, DHL, DPD, GLS, Cargo Partner, Dachser, UPS, Gebrüder Weiss, FedEx or TNT.
8. Delivery Times
The delivery shall normally take place within eight (8) working days as of the confirmation of the order, however in any case, within the statutorily prescribed delivery period of 30 days as of the date of ordering. If the delivery should, in exceptional cases, be delayed, then we shall contact the customer immediately upon acquiring knowledge of such delay, however, within the period of 30 days, and shall seek the customer's agreement to the later delivery. Should the customer not agree to such late delivery, he shall be entitled to withdraw from the contract.
9. Costs of Forwarding
The costs of forwarding may be found on the list on our website under the footer-page "Shipping costs & Delivery times".
10. Means of Payment; Effecting Payment
www.axbo.se/www.axbo.com offers its customers the highest degree of convenience when shopping and effecting payment. We accept PayPal included credit card (MasterCard, Visa, AMEX and Discover). Starting with the entry of the customer data a codified transfer of data is carried out by Shopify, in accordance with the latest technological state-of-the-art - PCI and SSL-coding. By this means your data is protected from any unauthorized access. The payment will be charged as of the date of the transfer of goods.
11. Data Protection
Our employees are subject to the secrecy obligations of the Data Protection Act (“Datenschutzgesetz”). Even the mere fact that an exchange of correspondence has taken place shall be subject to the secrecy obligation. However, routing and domain information must and may be transferred. The customer hereby acknowledges that the use of the data regarding the customer as stated in the contract shall be stored and processed for our accounting purposes and for our customer files. The data will be used by us for the fulfilment of legal requirements and for the purpose of conducting payment transactions. Customer data will not be passed on to third parties, except where this is an essential requirement for the purpose of fulfilling the contract. aXbo general importers are able to access the customer data, which are required to register the serial number. Our contractual partners have been instructed in our data protection regulations and are under obligation to adhere to these. In the case of any further queries please refer to the information site. For data protection, general questions, complaints, etc. please contact our service- and support center at firstname.lastname@example.org.
12. Reservation of Proprietary Rights, Warranty, Liability, Guarantee
The goods shall remain our property until full payment has been made for the goods ordered. Prior to full payment of the goods, the customer is prohibited from pledging the goods or transferring them as a security, or granting to third parties any other rights in respect of the goods. The warranty shall be limited as of the first of January 2002 to the statutorily stipulated
period of 24 months. Any defects arising are to be reported as soon as possible, either upon delivery, or when the defect becomes apparent. This is without prejudice to any rights of the customer that exist notwithstanding any failure to report damages, where the customer is a consumer within the meaning of the Consumer Protection Act (KSchG). In the case of reported defects that are justified, either a free replacement or an improvement will be granted, for which an appropriate notice period shall be set. Where the purchase constitutes a trade transaction (of B2B) for the customer in accordance with Section 1 KSchG (377 (1) Commercial Code (HGB)), then the customer shall be obliged to examine the goods immediately upon receipt thereof and to report any defects found to us immediately. werner eis company austria is exclusively and only liable for damages attributable to intent and gross negligence, with the exception of damages to persons. The existence of petty or gross negligence is to be proven by the damaged party, insofar as this does not concern a consumer transaction. The compensation for subsequent damage (resulting from defects), as well as any other damage to property, asset damage, and damages by third parties against the customer, are excluded. werner eis company austria, being the operator of www.axbo.se/www.axbo.com, performs the services with greatest of care, however, it is not liable for those services made available by, or ordered by third parties. We guarantee our goods for a period of 6 months.
13. Applicable law; Place of Jurisdiction
The parties to this contract hereby agree, insofar as there are no mandatory legal provisions to the contrary, that Austrian law shall be applied to this contract. In the case that the contractual partner is a consumer, then the mandatory provisions of the law of that state in which he has his usual place of residence shall be applicable to this contract. In the case of disputes arising under this contract and insofar as the contractual partner is an entrepreneur, our company's domicile shall be agreed as being the place of jurisdiction. In the case that the contractual partner is a consumer then he may assert any claims against werner eis company austria either in Austria, or before the courts of the contractual state in whose jurisdiction he has his place of residence. In the case that the contractual partner has his residence or his usual place of residence in Austria at the time of concluding the contract, then any claims asserted by the contractual partner against werner eis company austria may only be made before the Austrian courts.
14. Place of Performance
The place of performance for all services arising under this contract shall be the domicile of werner eis company austria.
All news items, graphic designs, and the design of the website of werner eis company austria, shall exclusively serve the purpose of providing personal information to our customers. The use shall take place at the customer's own risk. All data relating to this offer are subject to protection in accordance with Section 4 and Sections 87a ff of the Austrian Copyright Act (Urheberrechtsgesetz). The reproduction, copying and printing of the entire website is only permitted for the purpose of ordering from werner eis company austria. Any other form of processing, copying, or distribution and/or public reproduction thereof, extending over and above the aforementioned use, exceeds such fair use, and thus constitutes a breach and infringement of copyright law.
16. Place of Arbitration
We hereby recognise the Internet Ombudsman as the exclusive place of out-of-court arbitration. In the case of any further queries on the subject of dispute settlement, please refer to our service- and support center at email@example.com, or to the Internet Ombudsman at: www.ombudsmann.at.
Any ineffectiveness or invalidity, or the cancellation of individual provisions of these General Terms and Conditions of Business shall not affect the legal effectiveness of the remaining provisions. The United Nations Convention on Contracts for the International Sale of Goods, as well as all or any provisions relating to the UN Convention on Contracts for the International Sale of Goods, is hereby expressly excluded.