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1. General provisions:
1.1 PALFINGER Europe GmbH, Franz-Wolfram-Scherer-Strasse 24, A-5101 Bergheim, Austria, Commercial Register No. FN 57365 k, (hereinafter referred to as "PALFINGER"), operates the PALFINGER online shop; customers can order advertising material around the clock in the PALFINGER online shop.
1.2 All goods and services of PALFINGER are subject to the general terms and conditions of business set out herein (hereinafter referred to as "GTC"). On executing an order, the customer recognises these GTC as legally binding. No general terms and conditions of business of the customer shall apply in any case.
1.3 For contracts with consumers, these GTC only apply to the extent that they are compatible with consumer protection regulations (in particular the Austrian Consumer Protection Act – KschG).
1.4 PALFINGER reserves the right to make changes at any time to these GTC; the customer accepts, upon ordering, the GTC in the version published on the PALFINGER homepage at the time of ordering.
1.5 Changes and amendments to contracts concluded on the basis of these GTC must be made in writing to be legally effective; the same applies to any departure from the requirement of the written form. Verbal collateral agreements shall have no legal effect.
1.6 Should individual provisions of these GTC or of a contract supplemented by these GTC be or become ineffective, then the validity of the other provisions shall not be affected thereby and the remainder of the contract and of the GTC shall remain effective for both parties. It is agreed that, in place of the ineffective provision, a provision shall automatically apply that best fulfils the intended purpose of the ineffective provision.
1.7 For all disagreements and legal disputes relating to the business relationship of the parties, Austrian substantive law shall exclusively apply, with the exclusion of the UN Sale of Goods Convention.
1.8 The place of performance is Salzburg; for all disputes arising from the legal relationship of the parties, the only court of jurisdiction shall be the competent court with subject matter and local jurisdiction for the city of Salzburg. For consumers within the meaning of the Austrian Consumer Protection Act (KschG), the place of jurisdiction shall be the domicile, customary place of residence or place of business pursuant to § 14 of the Austrian Consumer Protection Act (KschG).
2. Conclusion of contract and right of withdrawal for consumers pursuant to the Austrian Consumer Protection Act (KschG):
2.1 A contract for goods from the PALFINGER online shop shall come into being once the order form - properly filled out and sent by the customer - has been confirmed by, and thus the order accepted by, PALFINGER via an email message.
2.2 PALFINGER reserves the right to reject orders or reduce the quantities of an order without stating reasons therefor (in particular if the goods ordered are not in stock). In such cases, the customer shall be informed of this forthwith.
2.3 Customers who are consumers within the meaning of the Austrian Consumer Protection Act (KschG) can withdraw from a contract concluded by distance selling (or a declaration of intent to conclude a contract submitted by distance selling) within a period of seven working days from the receipt of the ordered goods. It is sufficient to send the notice of withdrawal from the contract within the applicable time limit without stating reasons. Saturdays do not count as working days. The notice of withdrawal is to be sent by registered mail to PALFINGER Europe GmbH, Franz-Wolfram-Scherer-Strasse 24, A-5101 Bergheim, Austria, within the time limit stated above. In the event of withdrawal, reimbursement of the purchase price in whole or in part shall be made only within the context of payment against return of the goods by the customer. The costs of returning the goods shall be borne by the customer. Reimbursement will be made only for those goods that are returned in an unused and resalable condition.
3. Prices and terms of payment:
3.1 The prices stated in the order form shall apply for the order. The legally stipulated value-added tax (VAT) shall be shown separately. The right is reserved to make changes to prices, in particular where there has been an error.
3.2 The customer accepts that he can only pay the sum for the ordered goods using credit cards from the companies VISA and MasterCard. To place an order, the customer must enter the credit card number, failing which the order cannot be accepted. PALFINGER is entitled to initiate the debit process upon acceptance of the order. Cancellation of the debit authorisation by the customer is not permitted. Dispatch of the goods shall take place only after the credit card has been accepted by the payment settlement agency.
4. Retention of title:
4.1 The goods shall remain the exclusive property of PALFINGER until they have been paid for in full, including all additional charges.
5. Delivery:
5.1 The goods shall be delivered ex stock within 30 days of acceptance of the order to the delivery address given. Delivery costs of € 5.00 shall be charged per order for delivery within Austria. The cost for delivery to Germany, Luxembourg and the UK shall be € 8.50, for the remainder of Europe € 13.00 and for overseas shipment all costs incurred, with a minimum charge of € 21.00.
5.2 All taxes, duties and other charges are to be borne by the customer.
5.3 From the time of handover of the goods to the carrier, the customer shall bear the risk for the goods. This also applies to partial shipments. If the customer refuses to take delivery of the goods shipped, PALFINGER shall be entitled to withdraw from the contract after an additional period of two weeks and to claim damages for non-fulfilment of the contract; alternatively, PALFINGER shall be entitled to hold the goods at the cost of the customer and insist on completion of the contract of sale.
6. Guarantee and compensation for damages:
6.1 In all cases, the legal provisions relating to guarantees and compensation for damages shall apply.
6.2 The period of guarantee is limited to 6 months from dispatch unless the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG).
6.3 Claims for defects are to be asserted by registered mail within 2 weeks of being determined and are to be accompanied by an exact description of the defect. In all cases, failure to observe this time limit shall result in the exclusion of the claim under the guarantee.
6.4 No specific characteristics of the contract goods are guaranteed by PALFINGER unless such a guarantee is made expressly in writing. PALFINGER accepts liability only for defects in the goods themselves and not for further damages arising therefrom.
6.5 PALFINGER accepts no liability for damages caused by ordinary negligence; furthermore, there shall be no liability for compensation for pecuniary loss alone, loss of profits, loss of data or for damages arising from claims of third parties against the customer. In particular, there shall be no liability in respect of claims of any kind in the event of the failure or malfunction of the PALFINGER servers or of any destruction of the order. Moreover, claims for compensation for damages shall be limited to an amount equalling three times the purchase price of the goods in question.
7. Copyright:
7.1 All content of the PALFINGER website (in particular images and texts, including these GTC) shall remain the intellectual property of PALFINGER. Any utilisation of this content beyond use within the context of the online shop requires the prior written consent of PALFINGER.
8. Data protection and security:
8.1 PALFINGER is entitled, within a computerised system, to process, store and utilise the data provided by the customer in relation to the order; PALFINGER is entitled to pass this information directly on to affiliated companies and subcontractors for utilisation, in particular for reasons of market research, etc.
8.2 PALFINGER shall adopt the usual measures to protect the data it stores. PALFINGER shall, however, not be responsible in the event that someone manages to access this data unlawfully and make further use thereof. Claims for compensation by PALFINGER for damage to the customer or third parties in this connection are excluded.
8.3 PALFINGER reserves the right to disconnect any customer physically and/or logically from the internet immediately and without prior warning if there is justified suspicion that network activity is being carried out from their connection that represents a security or operational danger to PALFINGER or to other computers or is illegal or a nuisance. The costs of detecting and tracking the activity, of disconnection and of any repairs shall be charged to the customer at the hourly rates normally charged by PALFINGER at the time in question. In such cases, there shall be no liability of PALFINGER arising from the disconnection from the internet.
8.4 PALFINGER accepts no liability for the content, completeness or correctness of data transmitted or queried, or for data that can be called up via PALFINGER. PALFINGER makes no guarantee that the services offered will always be accessible or that data stored on the computers of PALFINGER will remain there.
9. Notices:
9.1 Notices to PALFINGER in relation to the PALFINGER online shop shall, unless otherwise agreed in the GTC, always be sent in writing, either to the following address: PALFINGER Europe GmbH, Franz-Wolfram-Scherer-Strasse 24, A-5101 Bergheim, Austria, or by fax to the number +43(0)662 4684-105, or by email to: info@palfinger.com.
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