Conditions of Use
Deliveries, services and offers of our enterprise occur solely based on these terms of business; we do not recognize any terms and conditions that are not conform to our business conditions, unless, we have expressly agreed to its validity. Contract fulfilment actions on our part do not count in this respect as an approval with conditions of the contract deviating from our terms and conditions. These business conditions also count as a general agreement to all other legal transactions between the parties to a contract.
II. Contract conclusion
A contract offer of a customer needs an purchase order ('order') or order confirmation. An order represents an offer to us to conclude a purchase contract. If you place an order with us, we send you an e-mail confirming the receipt of your order and showing you the details of your purchase (order confirmation). Also the dispatching of the product(s) ordered by the customer results in the completion of the contract.
All listed prices are, unless specifically noted otherwise or for wholesale, inclusive sales tax. The pricing policy is at the sole discretion of our company. Prices can be changed without notice.
IV. Payment terms, interests in arrears
Lacking agreement to the contrary, our demands are to be paid in cash delivery versus payment. Discount deductions need a separate agreement. In case of payment default, including installment payments, any discount agreements expire. Payments of the customer count as performed when an entry is made to our business bank account.
In default of the customer, we are entitled to seek either actual replacement value of the damage or interests in arrears according to highest legal interest rate. Our enterprise is also entitled in the case of payment default of the customer to demand compound interest from the day the product was delivered.
V. Contract cancellation
In cases of acceptance delay (Pkt. VII.) or for any other important reasons, like especially bankruptcy of the customer or bankruptcy refusal in the absence of property, as well as in default of the customer we are entitled to the cancellation or withdrawal of the contract, provided that the contract is not fulfilled by both sides yet completely. In the case of withdrawal or cancellation due to customer fault, we have the option to seek compensation for damages of 15% of the gross invoice amount or the compensation of the actually emerged damage. In default of payment of the customer, we are released of all further business and delivery obligations and are entitled to hold back outstanding deliveries or services and to demand advance payment and/or guarantees or to withdraw after settlement of an appropriate extension from the contract.
In contract terminations according to §§ 5a ff of the consumer protection law, the consumer of the contract can resign within 7 work days whereby Saturdays do not count as a work day. The time period begins with the day of the goods delivered or receieved. It suffices to dispatch the resignation explanation within this time period. If the consumer withdraws within this period from the contract, he/she has to carry the cost of returning the goods.
VI. Collection expenses
The contractual partner (customer) obligates himself for the case of payment delay, to repay all reminder and collection expenses up to a legal maximuim to the creditor. In case the creditor operates its own demand letters, the debtor obligates himself to pay a sum per resulted admonition of € 10.90 as well as for the evidence bearing of the admonition per half year a sum of € 3.63.
VII. Delivery, carrier, acceptance delay
Our sales prices contain no costs for delivery, installation or assembly. Nevertheless our enterprise offers theses services automatically against separate payment to us. For that matter the actually used costs are charged for transport or delivery including an appropriate administration and handling fee, at least however the actual freight at the day of dispatch. In case of non-delivery due to inability of receipt through the customer, we are entitled to a returned item fee and/or a restocking fee equal to the actual freight of the returned goods plus 10% of the product value or 10,00 Euros whichever is greater. Simultaneously we are entitled, either to insist on contract fulfillment, or to withdraw after setting an appropriate extension of at least 2 weeks from the contract and to utilize the ordered goods otherwise.
VIII. Place of Performance
The place of performance and fulfillment is the location of our business.
All damages claims are excluded in cases of light carelessness. This does not apply to personal damages and/or retails sales due to damages caused during order processing. In case of light and/or gross carelessness it has to be proven by the claimant except for retail sales.
X. Product & content liability
Recourse demands in the legal sense of § 12 product liability law are excluded, unless, the recourse beneficiary proves that the mistake was caused in our sphere and with gross negligence.
All information and/or content on this website were carefully examined and provided according to our best knowledge. For the here provided information/content however NP&D makes no claims on completeness, topicality, quality and correctness. No responsibility will be assumed for any damage, which results from placing confidence on information/contents of this website or its use.
XI. Retention of Title and its assertion
All goods are delivered by us under retention of title and remain our property until full payment is received. In the assertion of the retention of title lies only a withdrawal of the contract if this is expressly declared. If goods are taken back we are entitled to charge any incurred transport and manipulation expenses. If the customer is a consumer or not an enterprise, whose normal operating business is the trade with goods acquired from us, it may not dispose of the product, in particular not to sell, pledge, give away or lend, until all open purchase orders are paid. The customer carries the full risk for the conditional goods, especially in the case of destruction, loss or deterioration.
XII. Court of choice, jurisdiction
Austrian law is applicable. The applicability of the UN-Purchase law is expressly excluded. The contract language is German. The parties to a contract agree on Austrian, native courts and jurisdiction. If it is not a consumer retail sale, the local court at the place of our business is exclusively responsible for the decision of all disputes originating from this contract .
XIII. Data protection, addresses change and copyright
The customer gives its approval that the personal data used in the bill of sale and in our online shop is processed and stored electronically in fulfillment of this contract.
The customer is obligated to make or announce changes to his presumed address and/or business address to us as long as the contract is not completely fulfilled mutually. If the change of address is not communicated, any statements or communication sent, even if sent to the last known address, are duly received. Plans, sketches or other technical documents remain just as as pattern, catalogues, prospectuses, images, etc. always our intellectual property; the customer has no utilization nor exclusive license rights.
We do not sell or lease any personal and private data collected to third parties.