General terms and conditions of Orange LED GmbH
- 1 Scope
- Orange LED GmbH with its registered office in Vienna and its business address, Favoritenstr. 70 1040 Vienna, ( simplifiedOrange LED“, „we" or "us") Is entered in the commercial register of the Vienna Commercial Court under FN 437557 t. The corporate purpose of Orange LED GmbH is the trade in LED products. Trading is carried out online both at the company's location and via our web shop at www.orangeled.at.
- The deliveries, services and offers of our company are made exclusively on the basis of these terms and conditions, regardless of the type of legal transaction. All of our declarations of intent under private law are to be understood on the basis of these terms and conditions. We do not recognize any terms and conditions of the customer that conflict with or deviate from our General Terms and Conditions, unless we have expressly agreed to their validity in writing.
- In this respect, acts of performance on our part do not count as approval of contractual terms that differ from our general terms and conditions. These terms and conditions also apply as a framework agreement for all other legal transactions between the contracting parties.
- 2 Conclusion of contract / contract content
- The trader declares bindingly that he wants to purchase the goods when ordering them. The order can be accepted in writing or by delivering the goods.
- We reserve the following changes to the contractual products after conclusion of the contract: Product changes in the course of constant product improvement and further development, minor and insignificant color, shape, design, dimensional, weight or quantity deviations, standard deviations.
- The prices mentioned are our current sales prices and are based on the currently valid material and purchase prices and wages. If there are more than 3 months between the conclusion of the contract and delivery without us being responsible for a delay in delivery, the price can be increased appropriately, taking into account material, labor, purchasing and other incidental costs. If the purchase price increases by more than 20%, the dealer is entitled to withdraw from the contract.
- We are expressly entitled to partial deliveries and partial services.
- 3 Prices, delivery and payment conditions
- The prices are calculated by us according to the price list valid at the time the contract is concluded and are part of the contract. (Misprints and errors excepted) Changes are agreed individually and separately.
- The prices are net from our warehouse in Vienna plus the applicable statutory sales tax excluding packaging and installation. Freight, postage, customs, transport, insurance and other incidental costs are charged separately according to the status at the time of the order.
- All prices include any disposal fees with regard to the European Directive on the Disposal of Waste Electrical and Electronic Equipment (WEEE).
- Deliveries are made exclusively on the terms of payment confirmed in the order. The assertion of defects or reductions does not affect the due date of the remaining purchase price payment.
- Defects in part of the delivered goods do not entitle the customer to object to the entire delivery.
- 4 Transfer of risk / transport
- As soon as the object of performance has been dispatched or picked up, the risk is transferred to the dealer even with freight-free delivery. The dealer is not allowed to accept the delivery with reservation. He is obliged to accept the goods ready for dispatch.
- He may not refuse to accept deliveries due to minor defects.
- If deliveries are not accepted by the dealer or orders are not called up within agreed deadlines, we have the right to withdraw from the contract after setting a deadline and threatening to refuse.
- In this case, the dealer owes at least a lump sum compensation amounting to 30% of the net order value, unless he can prove that the damage was less.
- In the event of damage or loss of the object of performance during transport, the dealer is obliged to have the carrier record the damage immediately. We must be informed of this in writing within 3 days. Transport damage is not a material defect. We are not liable for transport damage.
- Incorrect or incomplete deliveries are to be reported to us in writing within 7 days after arrival of the object of performance at the destination, otherwise any claims for compensation are excluded.
- 5 liability
- We are not liable for damage, in particular consequential damage, which results from improper handling of the articles.
- We are only liable for damage. that we or our employees caused intentionally or through gross negligence. Liability is limited to the amount of damage that was foreseeable at the time the contract was concluded and is based on circumstances that were known to us or should have been known to us.
- 6 Warranty
- Legal warranty periods apply. The guarantee for the delivery of used items, illuminants, remaining items and discontinued items is excluded.
- Warranty claims are excluded if the goods were damaged or destroyed through the fault of the dealer. This applies in particular if the goods have been improperly handled, mechanically damaged, opened, converted or destroyed or damaged by connection with other devices.
- A prerequisite for the warranty claims of the dealer is the immediate written notification of obvious defects, at the latest within a period of 7 days from receipt of the goods. If defects that are not obvious are discovered, the obligation to give notice of defects applies immediately, at the latest within 7 days of discovery of the defect. The timely sending of the advertisement is sufficient to safeguard the rights of the dealer. Otherwise, the goods are also considered approved in view of the respective defect. Deadline is sufficient for the timely dispatch. Section 377 HGB also applies.
- At first we choose to guarantee defects in the goods through rectification or replacement. If the rectification fails twice, the dealer can in principle request a reduction or withdrawal from the contract. In the event of a minor breach of contract, in particular with only minor defects, the customer has no right of withdrawal.
- Our warranty extends only to the goods we deliver, but not to any follow-up costs, such as working hours, travel, etc. In particular before further processing, the dealer is obliged to check the products for proper function.
- 7 Complaints guidelines
- § 7 is a prerequisite for complaints under warranty.
Complaints must be made by phone or in writing.
Tel: +43 1 243 43 43
Fax: +43 1 243 43 43-99
- The invoice number, article number and reason for the complaint must be stated.
- Unfreie Rücksendungen können nicht entgegen genommen werden.
- We check the goods and, in the event of a justified complaint, repair them or replace them.
- In no case do we grant an advance exchange. In the case of an advance purchase, the dealer bears the sole risk.
- 8 goodwill guidelines
- Under certain conditions, we enable our dealers to return only undamaged and originally packaged goods. Special designs Special equipment, residual items, discontinued items are excluded from exchange and return.
- Sample delivery
A sample delivery is a promotional measure. The dealer has the opportunity to order 1 piece per article for viewing. The request for a sample delivery must be specified when ordering.
II. Musterwaren sind vom Umtausch und Rücknahme ausgeschlossen.
- 9 Retention of title
- The delivered goods remain our property until the purchase price has been paid in full.
- Until further notice, the dealer is authorized to sell the goods subject to retention of title in the ordinary course of business. In the event of the sale of the goods subject to retention of title, the trader hereby assigns to us the claims against the customer to which he is entitled from the sale with all ancillary rights. The dealer is revocably authorized to collect the assigned claims, but may not otherwise dispose of them. The dealer undertakes not to agree on a transfer ban with his customers insofar as this affects our security interests. If a customer of the dealer insists on an assignment ban, the dealer must inform us of this immediately. During the existence of the retention of title, the dealer is particularly prohibited from pledging or transferring ownership by way of security.
- If the purchased item is inseparably mixed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item to the other mixed items at the time of the mixing. It is agreed that the trader transfers ownership to us proportionately if the mixing of the thing takes place in such a way that the dealer's thing is the main thing. The dealer protects the resulting sole ownership or joint ownership for us.
- 10 Instructions on the right of withdrawal for consumers
Right of withdrawal
- If the customer is a consumer within the meaning of section 1 (1) 2 of the KSchG, he has the right to cancel this contract within fourteen days without giving any reason.
- The cancellation period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, took possession of the goods. In the case of a uniform order for several goods by the customer that are delivered separately by us (see points 3.5. And 3.6.), The cancellation period is fourteen days from the day on which the customer or a third party named by the customer who is not the Is the carrier who has taken possession of the last goods.
- In order to exercise his right of withdrawal, the customer must contact us
Orange LED GmbH
- inform them of their decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). The customer can print out and use the recall form available on our website www.orangeled.at/wiederruf, but this is not mandatory.
- To meet the deadline, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of cancellation
- If the customer withdraws from this contract, we have all payments to the customer that we have received from the customer, including the delivery costs (with the exception of the additional costs that result from the fact that the customer has a different type of delivery than the one we offer, has chosen the cheapest standard delivery), immediately and at the latest within fourteen days from the day on which we received the notification of the cancellation of the contract by the customer. For this repayment, we use the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer; under no circumstances will the customer be charged for this repayment.
- We can refuse the repayment until we have received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.
- 2.3 The customer must return or hand over the goods to our aforementioned address immediately and in any event no later than fourteen days from the date on which he informed us of the cancellation of this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired.
- 2.4 The customer bears the direct costs of returning the goods by post.
- 2.5 The customer only has 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 quality, properties and functionality of the goods.
- 11 Data protection, change of address and copyright
- We use the customer data stored in the course of registration only for the purposes of the business relationship between Orange LED and the customer and only to the extent that such use is permitted under the statutory provisions, in particular under the Data Protection Act or the Telecommunications Act.
- Further information on data protection can be found in our data protection declaration, which can be called up and saved by the customer at any time on our website at www.orangeled.at/Datenschutz.
- 12 Disclaimer
Despite careful checking, Orange LED does not guarantee the accuracy and completeness of all content or links to third-party websites on our website orangeled.at
- 13 final provisions
- For customers who are entrepreneurs within the meaning of Section 1 (1) 1 KSchG, our place of performance is the place of fulfillment, unless the contract declarations indicate otherwise in individual cases. As the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with business customers, the locally and objectively competent Austrian court is agreed.
- Austrian law applies exclusively, excluding the reference norms of private international law. The applicability of the Agreement on Contracts for the International Sale of Goods (CISG) is expressly excluded. More favorable regulations for consumers in accordance with § 13a KSchG remain unaffected.
- Should one or more of the above provisions be or become ineffective, the effectiveness of the remaining provisions will not be affected. The ineffective provision is rather to be reinterpreted in such a way that the purpose pursued with it is achieved, as far as legally permissible. The same applies in the event of a loophole.