1) Scope of Application
1.1 These Terms & Conditions of Vega Technik GmbH ("Seller"), are valid for all contracts between a consumer or entrepreneur ("Customer") and the Seller regarding products and services offered in the Seller's online shop. A Customer's own terms are not applicable unless otherwise agreed upon. 1.2 A consumer, in the context of these Terms and Conditions, is any natural person entering into a legal transaction for a purpose that can be attributed neither to a commercial nor a self-employed occupational activity. An entrepreneur, in the context of these Terms and Conditions, is a natural person or legal entity, or partnership with legal capacity entering into a legal transaction for a purpose that can be attributed either to a commercial or independent activity.
2) Conclusion of the contract
2.1 The product descriptions outlined in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve the submission of a binding offer on the part of the Customer. 2.2 The Customer can submit the offer via the online order form integrated in the Seller's online shop. After placing the selected products and/or services in the virtual shopping cart and passing through the electronic ordering process, the Customer clicks on the final button that concludes the order transaction. Thereby, the Customer submits a binding contract offer with regard to the products and/or services contained in the shopping cart. Furthermore, the Customer may also submit the offer to the Seller via telephone, fax, e-mail or mail. 2.3 The Seller may accept the Customer's offer within five days by sending the Customer a written or electronic order confirmation in text form (mail, fax or e-mail), whereby the delivery of the order confirmation to the Customer is relevant, or by sending the ordered products to the Customer, whereby the delivery of the products to the Customer is relevant, or by asking the Customer for payment after his/her submission of the order. If several of the above mentioned alternatives exist, the contract becomes effective once one of the above mentioned alternatives occurs. If the Seller does not accept the Customer's offer within the above mentioned time frame, it counts as a refusal of the offer with the consequence that the Customer is no longer bound by his/her declaration of intent.
3) Right of Withdrawal
3.1 Consumers are generally entitled to the right of withdrawal. 3.2 Further information regarding the right of withdrawal are contained in the Seller's cancellation policy. 3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole residency and delivery address is outside of the European Union at the time of the conclusion of the contract.
4) Price and Delivery Costs
4.1 All prices indicated by the Seller are final prices including the legal value added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description. 4.2 For deliveries to countries outside the European Union, additional costs may arise which are beyond the Seller’s control. They shall be borne by the Client. Such costs are for example money transfer costs (transfer fees, exchange rate charges) or customs duties or import taxes. 4.3 Payment can be made using one of the methods mentioned in the Seller’s online shop. 4.4 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
5) Delivery and shipping terms
5.1 Product delivery is carried out via shipment to the delivery address indicated by the Customer, unless otherwise agreed upon. 5.2 If the transport company returns the products to the Seller because they were unable to deliver them to the Customer, the Customer has to bear the cost of the unsuccessful delivery. This does not apply if the Customer effectively exercises his right of withdrawal, did not have control over the circumstance that lead to the inability to deliver or the Customer was temporarily unavailable to accept the offered service, unless the Seller gave adequate notice to the Customer. 5.3 If the Customer acts as an entrepreneur, the risk of accidental loss or deterioration of the sold products is transferred to the Customer once the Seller handed over the goods to the shipper, freight carrier or another person or institution charged with carrying out the shipping. Generally, if the Customer acts as a consumer, the risk of accidental loss or deterioration of the sold products is transferred to the Customer or a person authorised to take delivery not until they are handed over. Deviating thereof in the case of consumers, the risk of accidental loss or deterioration of the sold products is already transferred to the Customer once the Seller handed over the goods to the shipper, freight carrier or another person or institution charged with carrying out the shipping authorised by the Customer. 5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper delivery by the Seller's supplier. This applies only if non-delivery is not the Seller's fault and the Seller entered into a transaction with the supplier with reasonable care and prudence. The Seller will undertake all reasonable efforts to obtain the products. In case of non availability or only partial availability of the products, the Customer will be notified and reimbursed immediately. 5.5 For logistical reasons, pickup by the Customer is not an option. 5.6 We deliver neodymium magnets to every country in Europe. Neodymium magnets are not intended for sale/export to the United States of America, Canada and Japan. Therefore, you are prohibited from exporting our delivered neodymium magnets or final products in which you used them to the above mentioned countries. Ferrite magnets and ferrite products, on the other hand, may be exported worldwide without restrictions.
6) Reservation of title
6.1 With regard to consumers, the Seller retains the title to the delivered goods until full payment of the owed purchase price is received from the consumer. 6.2 With regard to entrepreneurs, the Seller retains the title to the delivered goods until all accounts receivable from an ongoing business relationship are settled. 6.3 If the Customer acts as an entrepreneur, the Customer shall undertake to sell the goods that are subject to the reservation of title only in the usual course of business. The Customer assigns all resulting receivables from third parties in the amount of the respective invoice value (including value added tax) to the Seller in advance. This assignment applies irrespective of the goods being resold without or after further processing. The Customer remains entitled to the collection of receivables even after the assignment. The authority of the Seller to collect the receivables himself remains unaffected. The Seller will not collect receivables as long as the Customer keeps up with his payment obligations to the Seller, does not default on his payments, and no insolvency proceedings are opened.
7) Warranty for defects (guarantee)
If a product is defective, the regulations of the statutory warranty for defects apply. Deviating thereof, the following applies: 7.1 For entrepreneurs, • an immaterial defect does not justify a warranty claim, • the Seller can choose the type of supplementary performance, • the statute of limitations for defects on new goods is one year from passing of the risk, • warranty claims for used goods are generally excluded, • the statute of limitations does not begin anew if a replacement was provided as part of a warranty claim. 7.2 For consumers, the statute of limitations for warranty claims for used goods is one year after delivery to the Customer, with the limitation of the following paragraph. 7.3 The preceding warranty and statute of limitations do not apply • to objects that were not used in accordance with their intended use for a structure and that has caused their defect, • to damages from the violation of life, body or health that are based on a deliberate or negligent breach of duty on the part of the Seller or a deliberate or negligent breach of duty on the part of a lawful representative or vicarious agent of the Seller, • for other damages that are based on a deliberate or grossly negligent breach of duty on the part of the Seller or a deliberate of grossly negligent breach of duty on the part of the lawful representative or vicarious agent of the Seller, as well as in case the Seller fraudulently concealed the defect.
The Seller is liable to the Customer for all contractual, quasi-contractual, statutory, claims for damages and expense reimbursements as follows: 8.1 The Seller has unlimited liability on all legal grounds • as a result of premeditation or gross negligence, • as a result of negligent or deliberate injury to life, body or health, • based on a promise of guarantee, provided there are not other regulations to this effect, • based on mandatory liability, such as according to the law on product liability. 8.2 If the Seller negligently breaches a fundamental contractual obligation, the liability is limited to direct losses foreseeable and typical for this type of contract, provided that there is no unlimited liability in accordance with paragraph 8.1. Fundamental contractual obligations are obligations that the Seller needs to adhere to in order to fulfil the purpose of the contract. The Customer may routinely trust that those obligations are being observed by the Seller. 8.3 Incidentally, the Seller is excluded from liability. 8.4 Preceding liability regulations also apply to the Seller's liability for his auxiliary persons and legal representatives.
9) Applicable law
9.1 For all privity of contract the law of Republic of Austria applies, excluding the laws on the international sale of goods. For consumers, those laws apply only insofar as the protection of the constitutional law in the state where the consumer has his habitual abode doesn't override them. 9.2 Furthermore, this choice of law, with regard to the statutory right of withdrawal, does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole residency and delivery address is outside of the European Union at the time of the conclusion of the contract.
10. Place of jurisdiction
If the Customer acts as a merchant, legal person under public law or special fund under public law based in the sovereign territory of The Republic of Austria, the exclusive place of jurisdiction for all disputes from this contract is the Seller's place of business. If the Customer is based outside of the sovereign territory of Republic of Austria, the exclusive place of jurisdiction for all disputes from this contract is the Seller's place of business, if the contract or claims from the contract can be attributed to the Customer's occupational or commercial activities. Considering the preceding cases, the Seller has the right, however, to go to court at the Customer's place of business.