Terms & Conditions
1. General - Scope
The following conditions of sale apply only to entrepreneurs. Contracts for deliveries are concluded exclusively on the basis of the following conditions. We do not accept contradictory or deviating conditions of the customer, unless we have expressly agreed to their validity in writing.Our conditions also apply if we carry out the delivery or service to the customer unconditionally in the knowledge of conflicting or deviating conditions of the customer.
Subsidiary agreements and deviating agreements require our written confirmation to be legally effective.
Our terms of sale also apply to all future business with the customer.
2. Offer and order
Unless otherwise agreed, statements in advertising texts and cover letters are not to be regarded as warranted characteristics or guarantees.The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. By clicking on the "Buy" button, you place a binding order for the goods contained in the shopping cart.The confirmation of receipt of the order follows immediately after the order has been sent and does not constitute acceptance of the contract. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within two days.The customer is bound to his order 4 weeks from receipt by us.A contract is only concluded with our written confirmation of order, but at the latest upon acceptance of the delivery by the customer.
3. retourned goods
Returns are only accepted subject to our review. Returns of new, used or defective goods must be made to voiptelefonie.at free of carriage. Returns may, unless otherwise agreed, only be handled by us if the return is accompanied by an RMA return note, stating the RMA and customer number. The customer receives this RMA return slip and the RMA number on written or telephone request under phone +43 1 24258 or online at info@voiptelefonie.at. Disclosure of the RMA number does not imply recognition of a defect or the other complaint of the customer. In any case, the return, including accidental destruction, at the risk of the customer. For returns that the customer is responsible for, in particular, but not exclusively, in case of refusal of acceptance, we will charge a restocking fee.
The contractual products incl. schematics, drawings, drafts, descriptions and similar documents as well as software generally consist of industrial property rights / copyrights of the manufacturer / licensor. References to such property rights on the contract products may be issued by customers can not be changed, covered or eliminated.
The customer is obliged to inform his customers about the aforementioned industrial property rights and license conditions of the manufacturers and about the limitations mentioned in the license conditions.
For damages due to the violation of such property rights, we are only liable if we were aware or should have known that such exist and cause the customer to be exposed to third party claims. In terms of amount, our liability in this regard is limited to the billing value of the goods.
The customer must inspect the goods immediately for completeness, compliance with the delivery documents and the order and for defects and to make known deviations and defects without delay in writing. As far as a complaint is not within 4 working days from receipt by the customer, the delivery shall be deemed to be in accordance with the contract, unless the deviation was not discernible despite careful examination.In addition, any damage or shortage of goods that can be detected on delivery must be recorded on the carrier's receipt in accordance with § 438 HGB.
The price stated in our order confirmation applies, otherwise the price stated in our price list on the day of acceptance of the order - unless differently agreed in writing. Our prices are net, "ex works", excl. VAT, costs for transport and packaging. We reserve the right to increase our prices accordingly if cost increases occur after the conclusion of the contract, in particular due to labour agreements, material price increases or exchange rate fluctuations. We will prove these to the costumer upon request. Unless otherwise agreed, payments are due immediately after invoicing without any deduction. If the customer exceeds the granted payment deadlines, we are - without advanced rights - entitled to demand default interest of 8% p.a. All outstanding debts are payable immediately in the event of late payment by the customer. The withholding of payments or the offsetting due to any counterclaims of the customer is only permissible if it is legally established or counterclaims are not contested by us.
We reserve ownership of the delivery items until full payment of all claims arising from the business relationship between us and the customer. Claims from the resale of the goods are already assigned to us in the amount of the final invoice sum. The customer continues to be authorized to collect the claims without affecting our authorization to collect the claim ourselves. However, we will not collect the assigned claims as long as the customer meets his payment obligations from the proceeds received, is not in delay of payment and provided there is no application for judicial insolvency or stoppment of payment at the customer. In case of claim assignment the customer is obliged to provide us with all information and information necessary to collect the assigned claims.
The enforcement of warranty rights of the customer presupposes that he has duly fulfilled his inspection and complaint obligations. When selling second-hand goods, any warranty is excluded.
If a warranty claim exists, the customer is obliged, in case of an existing manufacturer's warranty, to claim the manufacturer before enforcement of warranty rights of voiptelefonie.at (media.tel GmbH). We will support the customer hereby. For the rest, the warranty claims of the customer remain unaffected.
If the customer is not satisfied, we are entitled to subsequent performance by rectification of defects or replacement delivery. Exchanged goods or parts thereof are our property and surrendered to us. If we are not willing or unable to remedy the defect, or if it is delayed beyond reasonable deadlines for reasons for which we are responsible, or if the subsequent performance fails in any other way or if this is not reasonable for the customer, then the customer is entitled to rescind the contract or to demand a corresponding reduction of the purchase price. In the case of withdrawal, the customer has to accept the benefits of use drawn up until withdrawal. The benefit for the time to resignation is calculated pro rata on the basis of the purchase price and the usual total useful life of the goods, unless the use was due to the defect only limited or not possible. The proof of a lower or higher use advantage remains open to both parties. An insignificant defect does not entitle the customer to withdraw from the contract.
If the review of a defect notification reveals that a material defect does not exist, we are entitled to charge the customer an expense / processing fee. In this case, the customer remains at liberty to prove to us a lower expense than the invoiced one.
Warranty claims are subject to a limitation period of 12 months from the transfer of risk. As far as the goods are the subject of a consumer goods purchase, the rights of the customer acc. §§ 478, 479 BGB unaffected, provided that the customer has acc. § 377 of the German Commercial Code (HGB).
Unless otherwise stated below, further claims of the customer - for whatever legal reasons - are excluded. In particular, we are not liable for damages that have not arisen on the delivery item itself, for lost profit or other pecuniary loss of the customer. This disclaimer of liability does not apply if the cause of the damage is based on intent or gross negligence or if we have negligently violated a contractual obligation.
The claims become time-barred 12 months after the transfer of risk. This also applies to claims for compensation for consequential damages, unless claims for malicious concealment of a defect in tort or liability for damages are asserted.
Products supplied by us are intended for use and to remain in the country of delivery agreed with the customer. Any further delivery of contractual products by customers to third parties, with or without our knowledge, also requires the transfer of the export permit conditions.The customer is liable to us for the proper observance of these conditions.
The place of performance and jurisdiction is Vienna. The contractual relationship is governed solely by Austrian law to the exclusion of the UN Sales Convention.
If a clause of these terms and conditions should be ineffective, the validity of the remaining conditions remains unaffected.