For contracts with the company Uwe Damm Trainingheads GmbH, Am Ökopark 9, A-8230 Hartberg, hereinafter referred to as Uwe Damm Trainingheads GmbH for short, the following general terms and conditions for goods and product orders apply exclusively. Regulations other than those specified below shall only become effective based on an express written agreement with Uwe Damm Uwe Damm Trainingheads GmbH to the contrary. These general terms and conditions are to be used as the basis for the contractual relationship as effectively agreed, both in the case of continuing obligations and in the case of multiple assignments by one and the same contractual partner, unless a different written agreement has been made between Uwe Damm Trainingheads GmbH and the contractual partner.
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Terms of Service
1. General Provisions
2. Offer, conclusion of contract, obligation to perform and deliver
Orders of any kind are only legally binding if Uwe Damm Trainingheads GmbH either expressly confirms them in writing by means of an order confirmation, which must be made by the company, or if Uwe Damm Trainingheads GmbH fulfills the order independently by sending the goods (acceptance). If the start of performance or the performance of the service itself is delayed and the delay was not caused by circumstances that are attributable to Uwe Damm Trainingheads GmbH legal sphere, agreed service deadlines will be extended accordingly or agreed delivery dates will be postponed accordingly. The additional costs incurred as a result of delays are to be borne by the customer if the circumstances causing the delays are attributable to his legal sphere and Uwe Damm Trainingheads GmbH must be held completely harmless and harmless in this context. If the fulfillment of the order depends on the fulfillment of the order by third parties and if this fails for reasons for which Uwe Damm Trainingheads GmbH is not responsible, then Uwe Damm Trainingheads GmbH is entitled to withdraw from the contract. Claims from such a withdrawal from the contract, in particular claims for compensation for any damage, are excluded unless there is gross negligence or intent on the part of Uwe Damm Trainingheads GmbH. The same applies if delivery is made significantly more difficult or impossible due to force majeure or other events and Uwe Damm Trainingheads GmbH is not responsible for this. Such events include, in particular, fire, flooding, labor disputes, operational disruptions and official orders that cannot be attributed to the operational risk of Uwe Damm Trainingheads GmbH. Replacement deliveries are permitted if a specific item is not available. Uwe Damm Trainingheads GmbH will then send a replacement item of the same quality and price (replacement item). Partial deliveries and partial settlements are permitted.
3. Prices, terms of delivery and payment
The current list prices at the time the order is placed apply. All prices are in euros plus the statutory value added tax including costs for packaging and shipping. If the wage costs or other costs necessary for the provision of services, such as those for materials, energy, transport, external work, financing, etc., change, the prices will be increased or reduced accordingly. All invoices are due for payment immediately after receipt of the invoice. If the customer is still in default of payment 30 days after receipt of the invoice, default interest of 8% above the base rate of the European Central Bank shall be deemed to have been agreed. In the event of default, the contractual partner/customer undertakes to reimburse the creditor for the dunning and collection fees incurred, insofar as they are necessary for appropriate legal prosecution, whereby he undertakes to reimburse the fees of the collection agency involved.
4. Retention of Title
The delivered goods remain the property of Uwe Damm Trainingheads GmbH until full payment has been made. The retention of title only expires when the goods have been paid for in full. The customer is not entitled to dispose of the goods that have not yet been paid for in full. If the retention of title expires as a result of processing the delivered goods (e.g. by combining them with other items), the customer hereby transfers co-ownership of the item created through the combination to Uwe Damm Trainingheads GmbH. The handover is replaced by the customer storing the new item created by the connection for Uwe Damm Trainingheads GmbH free of charge.
5. Ban on offsetting and right of retention
The offsetting of claims against claims by Uwe Damm Trainingheads GmbH is expressly excluded unless the claims of the client are recognized or determined by a court. The customer is not entitled to counter payment claims from Uwe Damm Trainingheads GmbH with the right to withhold payment – including from notices of defects – unless they result from the same contractual relationship.
6. Warranty and Compensation
The warranty period is 6 months. Irrespective of the customer's right to conversion, the guarantee is provided by remedying the proven defects free of charge within a reasonable period. If a remedy is not possible or only involves disproportionately high costs, Uwe Damm Trainingheads GmbH shall, at its discretion, grant a reasonable price reduction or alternatively deliver the same item. The reversal of the burden of proof according to § 924 ABGB is excluded. Claims under the warranty expire if the parts affected by the defect have been modified or repaired by a third party or by the customer himself, with the exception of emergency repairs or default by Uwe Damm Trainingheads GmbH in fulfilling the warranty. The statutory warranty provisions apply to customers who are consumers within the meaning of the KSchG. Uwe Damm Trainingheads GmbH is only liable for culpable damage to all objects belonging to the customer, which Uwe Damm Trainingheads GmbH has taken over for processing during the performance and personal injury. All other claims, those for compensation for any further damage, are excluded unless there is gross negligence or intent on the part of Uwe Damm Trainingheads GmbH. The existence of gross negligence or intent, unless it is a consumer within the meaning of the KSchG, must be proven by the injured party.
7. Privacy, Confidentiality and Copyright
All data collected from the client will be treated confidentially. The data required for the transaction is stored and, if necessary, passed on to affiliated companies and deliverers as part of the execution of the order, or to banks for billing. Insofar as the contractual partners communicate by email, they recognize the unrestricted effectiveness of the declarations of intent transmitted in this way. The customer must take measures to ensure that the technical specifications, drawings, documents or other elements relating to an order or a project are not accessible to third parties (voluntarily or involuntarily), whether through himself or through others. The customer is obligated not to remove, edit, change or make illegible proprietary notices, trademarks, network markings and similar that are attached to or attached to the delivered goods. If a service by Uwe Damm Trainingheads GmbH is based on information, documents or plans provided by the client or by third parties, persons associated with the client, the client is obliged to ensure that all copyrights required for the use of the work are granted. In the event of an infringement of any copyrights or other rights of third parties, the client shall indemnify and hold Uwe Damm Trainingheads GmbH harmless in accordance with the rules of Austrian civil law. This indemnity and indemnity also include pre-trial costs. If Uwe Damm Trainingheads GmbH provided the customer with sketches, samples, plans, catalogues, illustrations, technical data or statements when initiating business, Uwe Damm Trainingheads GmbH reserves all copyrights to these documents.
8. Place of performance Jurisdiction and applicable law
The registered office of Uwe Damm Trainingheads GmbH is agreed as the place of jurisdiction and place of performance for all mutual services. The contract language is German. The relationships between the parties and all resulting or associated rights and obligations are exclusively subject to substantive Austrian law to the exclusion of the UN Sales Convention and the reference norms.
Platform of the EU Commission for online dispute resolution: online dispute resolution portal
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
9. Severability
Should individually provisions of these General Terms and Conditions be or become void, the remaining provisions shall remain in effect. The parties undertake to replace the ineffective provision with an effective provision with the content that comes as close as possible to the ineffective provision in economic terms.