GENERAL BUSINESS CONDITIONS (GTC)

Scope

(1) The following terms and conditions form part of any contract between VABO-N GmbH, Inkustraße 1-7/8/DG, 3400 Klosterneuburg, Austria, represented by the managing directors Mr Martin Dvoracek and Ms Nina Dvoracek, resident there (‘VABO-N’) and the customer.

(2) VABO-N shall provide its services solely on the basis of these terms and conditions.

Contract

(1) The presentation of the goods, in particular on the Internet, does not yet constitute a binding offer by VABO-N.

(2) The customer can choose from the offer as desired and place goods in the shopping cart by means of a link “To the shopping cart”. The customer can empty the shopping cart at any time by setting the number of selected products to “0”. The changes can be made using a mouse and keyboard. By clicking on the “CHECK OUT” button, the customer is redirected to a page in which he can register as a customer, if he does not yet have access data or can log in as an existing customer. A user name and password and contact details are entered. After registration and confirmation of the delivery address, the ordering process is completed by pressing the button “ORDER BOOK”. By submitting the order, the customer makes a binding offer to purchase the goods in the shopping cart and accepts these GENERAL terms and conditions. The receipt of the order is displayed to the customer immediately after the order process has been completed. We store your order and the order data entered on your part.

(3) The customer will be informed about the receipt of the order by e-mail. This is not a binding acceptance of the order. The contract is only concluded upon dispatch of a separate delivery confirmation by e-mail or with dispatch of the goods.

(4) The language used to conclude and process this contract is the German, English or Italian language.

Privacy policy

(1) Personal data will only be collected if the customer voluntarily informs them as part of the ordering or registration process. By filling in and submitting a web form for ordering purposes, the customer transmits personal data to VABO-N.

(2) VABO-N uses the data provided by the customer (title, name, address, e-mail address, telephone number, fax number, bank details) in accordance with the provisions of the applicable data protection law. In this respect, VABO-N collects, stores and processes data provided exclusively by the customer in the context of its information in the form and, in particular, does not create user behaviour profiles.

(3) We would like to point out that cookies are used for the purpose of the simpler purchase process and for subsequent contract processing via the webshop, which stores the IP data, as well as the name, address and payment data of the buyer.

(4) For the purpose of fulfilling the contract, i.e. delivery, the customer’s personal data will be forwarded to the forwarding agent insofar as this is necessary for the delivery of the goods. The Freight Forwarder is also obliged to use the customer’s personal data exclusively in accordance with the provisions of the applicable data protection law.

(5) In addition, the following data are transmitted for the purpose of contract processing, credit card data or bank data to the processing banking institutions/payment service providers for the purpose of debiting the purchase price, as well as to our tax advisor for the fulfilment of our tax obligations.

(6) After cancellation of the purchase process, the data stored by us will be deleted. In the event of a conclusion of the contract, all data from the contractual relationship will be stored until the expiry of the tax retention period (7 years).

(7) The data name, address, purchased goods and date of purchase are also stored until the expiry of the legal product liability. The data processing is carried out on the basis of the statutory provisions of Section 96 (3) TKG and Article 6 (1) lit b necessary for the fulfilment of the GDPR.

(8) According to the applicable data protection law, the customer has a right to free information about his stored data as well as a right to rectification, blocking or deletion of this data. Corresponding requests for information can be addressed to the e-mail address support@vabo-n.com. If the personal data stored about the person of the customer is incorrect, a correction will be made immediately, in response to a corresponding notice from the customer.

(9) In addition to the aforementioned data protection declaration, all personal data transmitted to the customer by VABO-N will not be made available to third parties without his separate written consent, unless this is provided by law or must be issued by the authorities.

Terms of delivery/delivery costs

(1) Unless otherwise agreed in writing, the delivery shall take place from stock. If the customer is a consumer, the shipping risk is exclusively FOR VABO-N. If, on the other hand, the customer is an entrepreneur, the risk passes to the customer as soon as VABO-N has delivered the goods to the forwarding agent, or to persons or institutions otherwise designated for the execution of the shipment.

(2) Delivery shall take place within 8 working days, the working days of which shall be Monday to Friday, with the exception of public holidays. The period begins with the conclusion of the contract.

Payment

(1) Both corporate and private customers can use credit card (VISA, MasterCard), electronic direct debit (“eLV”) (except Switzerland. Here only credit card is possible) or PayPal. Payment by credit card and “eLV” is made immediately. VABO-N undertakes to use the credit card number and expiry date exclusively for the purpose of collection and to store it only for this purpose. If there is insufficient credit card coverage, the order is ineffective from the outset. By selecting the above payment method, the customer agrees to the transfer of the data to mPay24 and the execution of an amount reservation.

(2) All prices are to be understood including the statutory value added tax.

(3) In the event of a customer’s late payment, even in the event of a delay in payment through no fault of his own, the customer undertakes to pay the resulting reminder fees, as well as interest in the amount of 12.5 p.a. As a result, a debt collection institute is entrusted with debt collection. In addition to the above-mentioned costs, all costs incurred by the debt collection institution and invoiced to us, the maximum amount of which is determined by the Ordinance on the Maximum Rates for Debt Collection Institutions (BGBl No. 141/96), will also be borne by the customer who is culpably in default of payment, provided that these costs are reasonable and necessary for the appropriate legal proceedings. Payments are first credited to interest and costs. The customer is hereby expressly informed that in the event of a delay in payment by VABO-N GmbH, the name (including former names), the sex, the address, the profession, the open balance as well as the dunning data in accordance with Section 8 (3) DSG 2000 to the product credit evidence as well as to debt collection companies entitled to the transfer of claims.

Ownership

The goods remain the property of VABO-N until full payment has been made.

Ensure

(1) With regard to the warranty, the statutory provisions apply.

Cancellation

Withdrawal
As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The period is fourteen days from the day on which you or a third party named by you, who is not a carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must contact us,
VABO-N Ltd.
Inkustraße 1-7/8/DG
3400 Klosterneuburg
Austria
Phone: +43/2243/25511
Email: support@vabo-n.com

by means of a clear statement (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract. In order to comply with the time limit, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation
If you withdraw from this contract, we will provide you with all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your being offered a type of delivery other than the cheapest one offered by us. standard delivery) without delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment. We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, characteristics and functioning of the goods.

Limitation

(1) VABO-N shall only be liable for damages resulting from intentional or grossly negligent behaviour, with the exception of injury to life, body and health. This also applies to indirect consequential damages, such as lost profits in particular.

(2) Except in the case of intentional or grossly negligent behaviour or in the case of damage resulting from injury to life, body and health, liability shall be liable to the damage, which is typically foreseeable at the time of conclusion of the contract, and in addition to the amount corresponding to the contractual average damage is limited. This also applies to indirect consequential damages, such as lost profits in particular.

(3) The limitations of liability of paragraphs 1 and 2 shall also apply by analogy to the employees and vicarious agents of VABO-N.

(4) Claims for liability under the Product Liability Act remain unaffected.

Final provisions

(1) The law of the Federal Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the Sale of Goods. Consumers who are habitually resident abroad may also rely on the law of the Country in which they are domiciled, irrespective of the specific choice of law.

(2) The place of performance is the registered office of VABO-N, provided that the customer is a merchant.

(3) The court in Korneuburg, which exercises commercial jurisdiction, shall have jurisdiction for any disputes arising from this contract, provided that the customer is a merchant.

Delivery and shipping costs


(1) Shipping costs Austria, Germany and Switzerland

Shipping costs in Austria, Germany and Switzerland are included in the total price. For autoship orders, the settlement fees in the amount of € 6 are no longer applicable.

(2) Packaging
All packaging materials can be disposed of in public collection containers.

*All prices are inclusive of the current VAT

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