General terms and conditions
General terms and conditions
of Wiener Porzellanmanufaktur Augarten GmbH
1. Scope of application
All deliveries and services provided by Wiener Porzellanmanufaktur Augarten GmbH (hereinafter referred to as "Augarten") shall be based on the following General Terms and Conditions of Contract, even if no special reference is made in individual cases. Supplementary or deviating agreements, such as special contradictory terms and conditions of business of the customer, shall require Augarten's express written and signed acknowledgement in order to be legally effective.
2. Contracts and orders
All orders and contracts become legally effective through the written order confirmation, in the absence of such, at the latest upon acceptance of the delivery by the customer.
Unless otherwise agreed, all prices are in Euro ex Augarten Vienna (unless otherwise stated). Augarten shall invoice in euros, whereby the prices valid at the time the order is placed shall be legally effective.
4. Payment conditions
4.1 Payment can be made by credit card, PayPal, Sofort Überweisung, SEPA direct debit, Google Pay and/or Apple Pay.
4.2 Furthermore, in the event of late payment, all other outstanding claims are due immediately, regardless of their due date. Augarten shall furthermore be entitled to withdraw from all current contracts, to suspend deliveries, to make them dependent on the provision of securities or to make them only against cash on delivery. The same shall apply in the event of the full or partial sale of the company, of shares in the company or in the event of a change in the legal form of the customer's company, in the event of a significant change or deterioration in the customer's financial circumstances or if Augarten only becomes aware of circumstances after acceptance of the order that make a credit currency appear questionable from a reasonable point of view. In all such cases Augarten may make use of the reservation of title in accordance with clause 8 and for this purpose determine and retrieve from the customer the remaining stocks from its delivery without this resulting in withdrawal from the contract.
5.1 All deliveries are ex works Obere Augartenstrasse 1, 1020 Vienna. Deliveries shall be made by Augarten in accordance with its operational possibilities. Scheduled delivery dates shall not be binding. Claims for damages due to non-performance or delayed performance shall be excluded. Partial deliveries shall be permitted and may be invoiced.
5.2 Fulfilment of the contract by Augarten shall be subject to unforeseeable circumstances or circumstances independent of the will of the parties, such as all cases of force majeure, warlike events, official interventions and prohibitions, delays in transport and customs clearance, transport damage, energy shortages, labour disputes and delays in delivery by suppliers for whatever reasons.
5.3 If it is not possible to dispatch goods ready for dispatch through no fault of Augarten or if the customer does not wish such goods to be dispatched, Augarten may store the goods at the customer's expense and risk, as a result of which the delivery shall be deemed to have been made. The agreed terms of payment shall not be changed as a result.
6. Notice of defects, warranty
6.1 Obvious defects, which can be detected upon proper inspection upon receipt of the goods, must be reported in writing within 14 days after receipt of the goods at the place of destination, giving detailed information about the defect, otherwise the goods shall be deemed approved. In such cases please contact firstname.lastname@example.org.
6.2 Transport damage or loss must be reported to us immediately, at the same time sending a damage report signed by the transport company and the customer to email@example.com.
6.3 Damages caused by weather conditions are excluded from the warranty.
6.4 In case of justified complaints, we will issue a credit note. All other warranty claims of the customer are excluded. The customer is not entitled to any further claims, in particular for compensation for indirect or consequential damages.
6.5 The above exclusions of liability shall not apply in the event of intent or gross negligence on the part of Augarten. The customer shall bear the burden of proof.
6.6 Exclusion of the assumption of liability for damage in the event of repair/repair of customer property.
7. Intellectual property rights
The customer shall be entitled to use Augarten's trademarks or logos affixed to the goods or their packaging to identify the unmodified and originally packaged goods. The customer shall not thereby acquire any rights to Augarten's trademarks, logos or other protected material. The customer undertakes to refrain from any use going beyond this. Any use of Augarten's trademarks, names and company symbols in publications or printed matter shall, without exception, only be permitted with Augarten's written consent. The customer shall also undertake not to use any confusing or similar signs or to have them protected in any form whatsoever. Documents such as catalogues, brochures, illustrations and the like, as well as samples, shall always remain Augarten's intellectual property under the protection of the relevant statutory provisions regarding reproduction, imitation, competition, etc. The customer undertakes not to make these documents available to third parties in whole or in part without the prior written authorisation of the other contracting party or to use them for purposes other than those for which they were handed over to him. In the event that an order is not placed, all documents shall be returned to Augarten.
8. Retention of title
8.1 Augarten shall retain title to the delivered goods or samples until payment has been made in full. However, the customer shall be entitled to resell the goods in the ordinary course of business in a manner customary in the trade. If goods that have not yet been paid for are sold, the customer shall assign to Augarten the claims arising against third parties. Augarten shall be entitled to disclose the assignment. The customer shall immediately provide Augarten with the information and documents required to pursue all claims.
8.2 The customer shall not be entitled to pledge Augarten's unpaid goods or hand them over as security. The customer shall be obliged to assert Augarten's right of ownership vis-à-vis third parties and to inform Augarten immediately in writing if claims are made on the goods by third parties or if execution is initiated.
9. Data protection and data storage
9.1 The collection, storage and use of personal data is necessary for the processing of orders. Augarten shall only collect personal data to the extent that such data is provided when ordering goods, opening a customer account, in the context of customer dialogue or when registering for the newsletter and only to the extent that is absolutely necessary for the respective use.
9.2 Augarten shall store the address details and any data required for individual payment methods in order to process the order. Without separate consent, the data provided shall be used exclusively for the fulfilment and processing of the order.
9.3 The customer may at any time request information in writing or in text form free of charge about the personal data stored or the correction, blocking or deletion of such data. The customer may contact Augarten at the following address for this purpose and for all other questions on the subject of data protection:
Wiener Porzellanmanufaktur Augarten GmbH
Obere Augartenstraße 1, 1020 Vienna
9.4 The customer can object to the use of his personal data for advertising purposes at any time. The objection must be sent to the above contact address.
9.5 For this purpose we further refer to our data protection declaration, which informs you about the details of the processing of your data as well as your legal rights in this regard.
10. Partial invalidity
Should any provision of this contract be invalid, this shall not affect the validity of the remaining agreements. The parties undertake to immediately agree on a new effective provision which comes as close as possible to the economic purpose of the invalid provision.
11. Sales commitment, contractual penalty
11.1 The customer, who is a merchant, undertakes to use the goods received exclusively for retail distribution.
11.2 Augarten shall be entitled to withdraw from current contracts in the event of a breach of these provisions by the customer and to refuse to supply in future. For each case of infringement, the customer undertakes to pay a contractual penalty (regardless of fault) in the amount of Augarten's selling price. The customer shall immediately provide Augarten with the information required to determine the actual damage in writing. Augarten expressly reserves the right to assert a claim for damages in excess of the contractual penalty.
12. Place of jurisdiction
Austrian law is applicable to this contract. The application of UN sales law is excluded. In the event of disputes arising from the contract concluded with the customer or the General Terms and Conditions on which the contract is based, the place of jurisdiction shall be Vienna.