Terms & Conditions
Unless otherwise agreed in writing, the following conditions apply to all orders to Berl EDV GesmbH and their processing. Other regulations of the client apply only if they are expressly acknowledged by us by e-mail or by other written means. You also do not bind us when we deliver the goods in whole or in part. At the latest after receipt of the written order of the client, the following conditions shall be deemed accepted even without our written confirmation.
1. Subject of the contract and conclusion of the contract
The subject of these General Conditions of Sale are all business relationships negotiated by us via e-commerce / online trading and the related delivery of goods.
Our offers are always non-binding. Orders are only made after confirmation to the customer's e-mail address, or by factual agreement on our part. In the case of a factual equivalent, the customer waives a declaration of acceptance (§ 864 ABGB).
All prices are ex shipping station, excluding packaging and transport costs, but incl. VAT.
Other agreements are only valid if they have been confirmed by us in writing or by e-mail.
3. Shipping / delivery
The type of shipping is up to us. We are entitled to make partial shipments and to bill them separately.
Specified delivery times and dates are not binding. Fixed trades are excluded for lack of explicit contrary written agreement.
The delivery takes place under the reservation that we ourselves are supplied correctly and on time and that we are not responsible for the lack of availability of the goods. Compensation is excluded unless it is our intention or gross negligence on our part.
4. Damage during transport
Each delivery must be inspected by the customer immediately upon receipt for any damage and must be reported to the shipping carrier. Claims from transport damage can be asserted by the customer only against the carrier, the goods travel at the expense and risk of the customer.
5. Right of withdrawal according to the Distance Selling Act
The following right of revocation does not apply to sealed goods (eg software) if the customer opens or damages the sealed packaging (unsealing). Likewise, goods that are manufactured according to specifications and wishes of the customer are excluded from the right of withdrawal.
The customer is no longer bound to his order if he withdraws from his order within 7 working days from receipt of the goods, whereby the Saturday does not count as a working day. Withdrawal requires no justification and must be made in writing, on a durable medium, or by returning the goods. To meet deadline timely dispatch to Berl EDV GesmbH, Rotkreuz-Strasse 2, 2620 Neunkirchen.
In the case of withdrawal we will refund any payments received after receipt of the unopened and undamaged goods. The customer is obliged to return the goods at his risk, unless he has already done so together with the letter of revocation.
The costs of the return are borne by the customer.
When returning damaged or used goods, we are entitled to assert claims for compensation.
The delivery is to be paid promptly upon receipt of invoice without deduction.
Bills of exchange and checks are not accepted by us (not only for the sake of payment).
Should the customer default on its payments, we reserve the right to charge default interest of 5% above the respective base interest rate announced by the Austrian National Bank, but at least 11% pa.
If, after conclusion of the contract, we receive information that justifies legitimate doubts about the creditworthiness of the customer, we are entitled to demand subsequent security deposits, or to withdraw from the contract and to reclaim the goods without the customer being able to derive any compensation claims therefrom.
The costs of the return are borne by the customer.
A lack of creditworthiness exists in particular if the customer does not pay a bill due for at least 14 days despite a reminder.
Reminder fees are charged to the customer.
7. Retention of title
Until full payment, the delivered goods remain our property. The customer is obliged to treat the goods with care and to report damages without delay.
8. Warranty and liability
The statutory provisions apply unless otherwise agreed below.
In the case of incomplete delivery, we will promptly deliver, otherwise we have the right to either repair the defective item or make replacement. If the repair fails repeatedly or if there is no satisfactory replacement, the customer is entitled either to reduce the purchase price or to withdraw from the contract.
Berl EDV shall only be liable for allegedly assured characteristics insofar as these are expressly guaranteed in the webpage at the time of the order.
Berl EDV assumes a warranty with respect to the individual goods ordered with him, but not for aggregates, unless this is expressly agreed with the customer in writing or by e-mail.
Guarantee can not be taken over for such defects, which are due to improper use or an above-average demand of the goods on the part of the customer, at least not for wearing parts.
Unless otherwise required by mandatory statutory provisions, we are liable for consequential damage only in the case of gross negligence on our part, that is gross negligence and intent.
In case of data loss, Berl EDV is only liable if the customer has regularly backed up the data at least once a day. Otherwise - with the exception of intent or gross negligence - liability is also excluded. Neither data processing systems nor computer software work according to the current state of the art always error-free. Correspondingly, Berl EDV can not technically ensure that the operation of online trading is not always malfunctioning. Berl EDV is therefore not liable for damages that are based on the fact that due to technical defects may not be submitted by the customer bids on the relevant e-commerce webpage of Berl EDV, or there for the reasons given can not be considered. Excluded is any intent on Berl EDV.
9. Exclusion / Billing
An offsetting of claims of the customer with our claims is excluded, unless the claim of the customer has been recognized by us in writing or by e-mail or against us legally enforceable.
We store and use the data of the customer only for the execution of the contractual relationship (if necessary for the credit check). Of course, we will treat the information of the customer confidentially.
11. Place of Performance / Jurisdiction / Applicable Law
Regardless of the location of the principal, 2620 Neunkirchen / Austria is agreed as the place of performance for all services owed under the contract, including any claims for back claims.
The court of jurisdiction is the court with jurisdiction for Neunkirchen.
Only Austrian law.
12. Partial inefficiency
In case of ineffectiveness of individual provisions of the delivery contract including these General Terms and Conditions, the remaining provisions remain valid. Instead of the ineffective provision, the contracting parties will agree on a provision of the content that comes closest to the invalidated provision.