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SOURCE-CODE Marketing & Trading OG
(short form "SOURCE-CODE")
Untere Weissgerberstrasse 30/7
1030 Vienna, Austria
§ 1 Area of validity
The following General Business Conditions in the version valid
at the time of the order are the only ones applicable to the
business relationship between SOURCE-CODE and the customer.
SOURCE-CODE
will not recognise different conditions from the customer
unless SOURCE-CODE has expressly agreed to their validity
in writing.
§ 2 Closure and withdrawal
from the contract
SOURCE-CODE is obliged to accept the customer’s order according
to conditions of the website. SOURCE-CODE has the right to withdraw
from the contract in the case of mistakes in writing, print
and/or miscalculations on the website.
All offers are genuine whilst supplies last. Should SOURCE-CODE’s
supplier fail to deliver SOURCE-CODE with the ordered goods
despite contractual obligations, SOURCE-CODE has the right
to withdraw. In this case the customer will immediately be
informed that the product ordered is unavailable. The sales
price already paid will be reimbursed without delay.
The customer has the right to exchange or return the goods
for 14 days from receipt of the goods provided that the goods
are in unused condition. The sales price of the goods will
be refunded to the customer. Should the customer so wish,
the sales price may be deducted from other goods. We cannot
accept unfranked parcels.
§ 3 Delivery
Deliveries will be made from the warehouse to the address given
by the customer unless otherwise
agreed. The customer takes over the risk as soon as the delivery
leaves the SOURCE-CODE concern. Details of the delivery date
are not binding unless, in exceptional cases, the delivery
date has been agreed as binding.
§ 4 Date of payment and
payment, arrears
The sales price becomes due immediately, with the order. The
customer may pay the sales price on delivery or in advance.
If the customer falls into arrears, SOURCE-CODE has the right
to demand interest on credit at 4% above the basic interest
rate per annum announced by the Austrian National Bank. If SOURCE-CODE
suffers greater proven damage due to arrears, SOURCE-CODE has
the right to assert this.
§ 5 Counterclaim, right
of retention
The customer has a right to counterclaim only when his/her counterclaims
are legally valid or acknowledged by SOURCE-CODE. S/he is, moreover,
authorised to practice the right of retention
solely to the extent that his/her counterclaim is based on
the same contractual relationship.
§ 6 Reservation of title
The delivered goods remain the property of SOURCE-CODE until
the full settlement of all existing claims against the customer.
§ 7 Defects, guarantee and
liability
If a product shows a defect attributable to SOURCE-CODE, SOURCE-CODE
is entitled to choose to remove the defect or replace the delivery.
If SOURCE-CODE is not prepared or not in a position
to remove the defect or replace the delivery or delays in
this beyond a reasonable time period for reasons attributable
to SOURCE-CODE, or fails in the removal of the defect or replacement
of the delivery in any other way, the customer has the right
to choose whether to withdraw from the contract or demand
a suitable reduction in sales price.
In as far as nothing else arises from the following, further
claims from the customer, for whatever legal causes, are ruled
out. SOURCE-CODE is thus not liable for damages not emerging
from the object of delivery itself; in particular SOURCE-CODE
is not liable for lost profit nor for any other damage to
the customer’s assets. To the same extent as the liability
of SOURCE-CODE is ruled out or limited, so is the personal
liability of employees, representatives and operational assistants.
The preceding limitation on liability is not valid if the
cause of damages is attributable to intention or gross negligence.
If SOURCE-CODE neglects a contractually essential obligation,
compensation will be limited to the typical sums for damage
to property or person. The period of guarantee extends over
twenty four months, dated from the handover of risk. This
time period is a statutory limitation period and is also valid
for claims for compensation for damages caused by a defective
product, as long as no claims for torts are asserted.
§ 8 Data protection
The customer has been instructed by SOURCE-CODE in detail on
the nature, extent, location and purpose of requesting, processing
and utilising the personal data necessary for accepting and
delivering orders and registering with the email notifications
service. The customer emphatically agrees to this request, processing
and utilisation of personal data.
§ 9 Applicable law and court
of jurisdiction
Austrian law applies without possible recourse to the UN law
on sales. The sole court of jurisdiction for all claims concerning
the business relationship is Vienna. SOURCE-CODE also has the
right to take legal action to the customer’s general court
of justice.
Should individual conditions of this delivery contract or
of these general business conditions become invalid, all remaining
conditions continue to remain valid. Austrian law applies
in deliveries over national borders.
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