Terms of Service

TERMS OF SERVICE

AS OF 01.12.2020

Contract partner:

MFW Medical GmbH

Breitwiesergutstrasse 10
4020 Linz
Austria

 

1.) Scope

1.1. The following “General Terms and Conditions” apply in the version valid on the day of the order for all sales contracts, in particular also for the purchase of goods through the use of the web shop for the products of MFW Medical GmbH and their customers. By submitting his order (or signing the order form), the customer agrees to these terms and conditions and is bound by them.

1.2. Terms and conditions of the customer that differ from these terms and conditions do not apply to the contractual relationship in question.

1.3. If individual provisions of these terms and conditions should be wholly or partially ineffective due to mandatory statutory provisions, the remaining provisions of these terms and conditions remain effective, provided that it is a mutually company-related (b2b).

1.4. Insofar as it is a mutually company-related business, agreements that deviate from these terms and conditions must be in writing and this form requirement also applies to the departure from the written form as a valid form requirement.

 

2.) Conclusion of contract / offer

2.1. Offers made by the seller are non-binding.

2.2. The customer’s order represents a binding offer to conclude a purchase contract for the goods ordered. An order requires the complete specification of the customer data in accordance with the web form provided, provided the order is placed via the webshop on the homepage. For every online order via the web shop, the customer receives an electronic order confirmation that documents the receipt of the order by the seller. The purchase contract is concluded when the seller expressly accepts (confirms) the order or actually corresponds to it by sending the ordered goods within seven working days, whereby Saturday does not count as a working day.

Otherwise, the contract is concluded by sending an order confirmation to the customer. If the content of the order confirmation differs from the content of the order (not submitted via the webshop), it is a new – non-binding – offer from the seller, which requires the express acceptance by the customer.

After the conclusion of the purchase contract, the customer will receive an invoice (also when ordering via the webshop). After receipt of payment of the invoice amount, the goods will be dispatched (advance payment).

2.3. As soon as the goods have been dispatched, the customer receives an electronic notification.

2.4. Information about the products and services given in catalogs, price lists, brochures, advertisements on trade fair stands, circulars, advertising mailings or other media (information material) are non-binding and not geared towards a specific business transaction. If the customer refers to information declared in this way when placing an order, he must expressly explain this.

 

3.) Right of withdrawal in distance selling

3.1. Customers who are consumers within the meaning of the Austrian Distance Selling Act and the Consumer Protection Act (consumer) in the statutory version valid on the day of the order can withdraw from the purchase within 14 days of receipt of the goods without giving reasons, whereby Saturdays are not considered working days.

It is sufficient if the declaration of withdrawal is sent within the period without giving reasons. The customer is required to provide evidence of receipt of the declaration of withdrawal, which is why it is recommended to pay attention to proof of delivery.

The mere return of the unused goods is not considered a sufficient declaration of withdrawal. In order to validly exercise the right of withdrawal, a clear declaration of the decision to withdraw from the concluded sales contract is required.

For support, there is a corresponding withdrawal form on this homepage, which can be accessed accordingly. By submitting this form, the sales contract is validly revoked. Immediately after submitting the form, the customer receives a confirmation email. However, any other declaration of withdrawal (e.g. a letter sent by post) is also deemed to be a correspondingly valid declaration.

3.2. If the concluded purchase contract is validly revoked by the customer as a consumer, the seller will refund all payments made by the customer, including any delivery costs, within 14 days from the date of revocation. Unless otherwise agreed with the customer, the seller uses the same means of payment that was used to pay for the goods.

The seller can, however, justifiably refuse the repayment until the goods have been returned or until receipt of appropriate proof of the return (e.g. tracking number of the postal service).

3.3. The costs of the return are to be borne by the customer and are not reimbursed by the seller.

3.4. Items impaired by signs of use (e.g. damaged tarpaulins) or damaged items will be accepted by the seller if the resignation is declared, but the seller is entitled to withhold reasonable compensation for the depreciation of the returned goods to cover the loss in value.

If the returned goods can no longer be used, 100% of the price valid for these goods will be retained as a reduction in value. In the case of mere visual defects (this is a defect in the external condition without loss of function), the extent of the reduction in value is regulated at 70%.

3.5. If it is a mutually company-related transaction (b2b), the following applies differently to the preceding paragraphs:

The withdrawal from the contract must be declared in writing, stating the reasons, within seven days of receipt of the goods.

The purchase price will only be repaid step by step with the return of the goods. The condition for this is that the goods are unused and can be resold as new.

Items that are damaged due to signs of use will not be taken back.

3.6. The right of withdrawal does not exist in spite of purchase by way of distance selling:

For goods that are manufactured according to customer specifications or that are clearly tailored to personal needs

• Goods that are delivered sealed and are unsuitable for return for reasons of health or hygiene, provided that the seal has been removed after delivery (e.g. face masks)
• For contracts with a goods value of up to € 50.00;
• In the case of contracts for repair or maintenance work concluded outside of the seller’s business premises, in which the consumer has expressly requested the seller’s attendance and services to carry out this work.

 

4.) Prices

4.1. All prices are quoted for consumers including statutory sales tax (currently 20%). The prices do not include any additional expenses and charges, such as postage, shipping costs, customs duties, import sales tax and processing fees.

4.2. If export or import taxes (e.g. customs duties) are incurred in the course of any shipment, these must be borne by the customer.

For sales to entrepreneurs within the European Union, no Austrian sales tax is incurred if the UID number is proven, whereby the sales tax is payable in the other member state.

 

5.) Delivery and transfer of risk

5.1. The delivery takes place after receipt of payment by the seller (advance payment) to an Austrian address specified by the customer or by collection at the seller’s business address.

Deliveries abroad require a separate agreement as well as the assumption of the shipping costs by the customer. There is no legal entitlement to delivery abroad.

5.2. When the goods are dispatched by the seller, the risk of loss or damage to the goods is only transferred to the customer as a consumer as soon as the goods are delivered to the consumer or a third party other than the carrier designated by him. If the consumer himself has issued the transport contract (the order to deliver the ordered goods to a shipping company or other parcel service) without using a selection option suggested by the seller, the risk is transferred to the carrier as soon as the goods are handed over.

If the customer is an entrepreneur or a mutually company-related transaction (b2b), the transfer of risk takes place ex works of the seller.

5.3. If a sales contract has been concluded, the seller executes the order without unnecessary delay, but in any case within 30 days. This deadline can be exceeded in individual cases if special reasons (e.g. shortage of goods) prevent timely execution. In this case, the customer will receive a notification (by email) stating the expected delivery time.

5.4. Delivery will be made to the address given by the customer. The customer bears the costs arising from the provision of incorrect, incomplete or unclear information about his address (e.g. costs for address collection, increased delivery costs).

 

6.) Payment terms

6.1. Unless otherwise agreed, invoices are due for payment immediately after receipt of the invoice, free of deductions and charges.

6.2. In the absence of a separate agreement, all amounts are shown in euros.

6.3. In the event of default in payment, the statutory default interest will be charged, whereby this is 4% annually for consumers in accordance with Section 1000 (1) ABGB in the currently valid version. Interest on arrears in business transactions (b2b) is an interest rate of 10% p. a. agreed.

6.4. In the event of default in payment, the customer is obliged to reimburse the seller for all dunning and collection expenses incurred by this late payment and necessary for appropriate legal prosecution (in particular by a legal dunning letter) for company-related transactions (b2b). In addition, § 456 UGB applies.

If the customer is a consumer, the seller will charge € 10.00 for a reminder, but never more than 15% of the outstanding amount.

The goods will only be dispatched after the seller has received payment.

 

7.) Warranty and compensation

7.1. The statutory provisions of warranty law apply if the goods delivered have defects. The defect must be present upon delivery.

Accordingly, the seller is to be informed of the defect informally and the customer has to give him the opportunity to improve or replace it. If these warranty remedies are not possible, unreasonable or disproportionate, the customer is entitled to a price reduction. If the object of the defect is an essential property of the goods or if the defect is not minor, the customer can also request the cancellation of the contract, provided it is a consumer in each case.

The warranty period is 2 years from takeover.

7.2. Notwithstanding, the following applies to company-related transactions (b2b):

The warranty period is six months, with a defect in the event of any other loss of rights to be reported immediately (Section 377 UGB). In this regard, a notification of defects is deemed timely if it is made within seven working days.

7.3. The seller is liable for the compensation of grossly negligent or willful damage caused in connection with the contract by him, his employees or other vicarious agents (e.g. suppliers or subcontractors) attributable to the seller. If the customer is a consumer, this restriction does not apply to personal injury. Liability for negligent damage is waived for both parties.

7.4. Notwithstanding paragraph 3, the seller’s liability for consequential damage and loss of profit is excluded.

7.5. In the case of a company-related transaction (b2b), the statutory provisions on the reversal of the burden of proof (§ 924, § 1298 ABGB) do not apply.

 

8.) Retention of title

The goods remain the property of the seller until they have been paid for in full. If the purchase item is passed on to third parties before the purchase price has been paid in full (including ancillary costs, delivery charges and the like), the third party must be informed.

 

9.) Place of performance, place of jurisdiction

The place of performance is 4020 Linz, Austria.

. Austrian law applies exclusively, whereby the reference norms of international private law (e.g. IPRG, Rome-I VO) and the UN sales law also apply to consumers, insofar as this is required by law.

If the customer is an entrepreneur or a company-related transaction (b2b), Austrian law applies to the exclusion of the above-mentioned reference standards and the UN sales law.

. If the customer is a consumer, the jurisdiction of that court is agreed in whose district the domicile, habitual residence or place of employment of the customer in Germany is located.

In all other cases, the competent court in 4020 Linz, Austria, is deemed to be responsible for legal disputes arising from the contractual relationship between the seller and the customer.