GENERAL TERMS AND CONDITIONS OF BUSINESS (GTC)
01 – APPLICABILITY AND VALIDITY
All sales shall be subject to the terms and conditions listed below. Any other terms or conditions claimed or invoked by the buyer, now or at a later date, by whatever means, shall be considered invalid. We shall accept no other terms and conditions, even if this is not stated explicitly.
02 – TERMS OF PAYMENT AND SHIPPING COSTS
Please set up a free PayPal account:
Once you have entered your data (name, address, email address) and go to the checkout in our internet shop, you can click on the PayPal button and will automatically be redirected to PayPal.
By PayPal payment the goods can be dispatched immediately after receipt of payment at HERKA, at the latest however after 2 working days.
Online payment via PayPal represents a secure payment transaction.
For further information about PayPal and their terms and conditions see www.paypal.com
Step 1: Select your products via onlineshop.
Step 2: You will receive an electronic order confirmation from us immediately, but not later than the following working day, which is to be regarded as a pro forma invoice.
Step 3: You pay the outstanding amount.
Step 4: As soon as this has arrived HERKA, after max. 2 working days, we send the commodity to you.
03 – INVOICING, PRICES, SHIPPING AND OTHER COSTUMS DUTIES
Invoicing is done electronically. The prices quoted by HERKA Frottier Online include the statutory value-added tax, but not the shipping costs and any customs duties.
Please ask for the shipping costs per phone (+43 2864 2317-19) or Mail: firstname.lastname@example.org The shipping costs for each order are Euro 4,50 including VAT. The invoice will be issued electronically.
The shipping costs (all values incl. sales tax), which are incurred with each order, are listed below, e.g. for 2 countries:
– Austria: EUR 2,99
-Germany: EUR 4,99
Please contact us by mail (email@example.com) or phone +43 2864 2317-19 for currently valid shipping costs to countries which are not included in the above list.
If your order value exceeds Euro 100/150 we deliver without charging postage costs (customs duties remain unaffected).
For deliveries within the EU there are no customs duties. Customs duties currently amount to Euro 33,69 for deliveries to Switzerland. If your order value exceeds Euro 250 the customs duties to Switzerland will be cancelled.
Please contact us by mail (firstname.lastname@example.org) or by phone +43 2864 2317-19 for currently valid customs duties to other countries outside the EU.
04 – ORDERING PROCEDURES AND CONTRACT CLOSURE
The buyer has various means of ordering (telephone, online). However, ordering must only be conducted by individuals aged 18 or older. The buyer is obliged to inform the seller of all changes to his/her invoicing or delivery address. After order placement, the buyer will receive order confirmation. The contract will be effective only after the point of time the payment has reached HERKA Frottier.
05 – DELIVERY DEADLINES, DEADLINE EXTENSIONS AND COMPENSATION
The confirmed date of delivery shall be considered met when the item ordered is available ex works. Partial deliveries are permissible. Additional costs accrued due to above-basic delivery requirements (such as express deliveries) shall be billed to the buyer. The buy shall not be entitled to claim compensation for missed delivery deadlines or non-fulfilment. The seller shall be entitled to cancel delivery, partially or completely, to postpone delivery deadlines accordingly, or withdraw from the contract completely, in cases of force majeure, war, strikes, any kind of interference by the authorities or disturbance of normal operations – and if any of the above causes affect contractors or subcontractors. No claims for compensation shall be entertained.
06 – DELIVERY
HERKA is very conscientious in regard of the acceptance and implementation of orders. Once received and confirmed, HERKA administers orders as quickly as possible in the order in which they were received. Normally, the delivery needs two business days upon receipt of the invoice amount to our account. Should it not be possible to deliver because the item in question is not in stock, or should a delivery be delayed for another reason, you will be informed no later than 14 days after your order. For unclaimed packages HERKA reserves the right to charge € 30 for costs incurred.
07 – MINIMUM AGE
The minimum age for the placement of orders with HERKA is 18 years. Orders submitted by, and deliveries to, individuals who have not yet had their 18th birthday are not permitted.
08 – DEVIATIONS OF MATERIAL AND COLOR
Deviations from the agreed amount up to +/- 10% of the length of the material and +/- 2% of the width of the material shall be acceptable. In the case of goods custom-fabricated on request, the seller shall be entitled surcharge for the surplus material, second class and reject materials produced in fulfilment of order specifications. Minor deviations in colour from colour batch to colour batch are technically unavoidable. For all other cases, the currently valid norms and practices can be viewed in volume 10 of the Vienna Stock Exchange’s own publication on this subject.
09 – RETURNS
The return of goods is categorically inadmissible and may only be conducted with the explicit written permission of the seller. The customer shall be responsible for paying the cost of return transportation. Custom-fabricated goods cannot be taken back.
10 – GUARANTEES AND LIABILITIES
All complaints must be submitted in writing within 14 days of receipt of the goods. Once the goods have been cut-for-use or otherwise changed (washing etc.), no further claims are excluded. Typical deviations and technically unavoidable differences in the properties of the goods, such as quality, colour, width, weight, fittings and design, shall not be considered errors. The buyer is only entitled to make the goods delivered available, but has no right to demand a replacement consignment. If a consignment is found to be defective or incorrect, the seller shall be entitled to provide a replacement within a reasonable subsequent deadline. No claims for compensation shall be entertained. Faults not immediately found must be reported in writing as soon as they are discovered, and at the latest must be reported within 6 months of the seller sending the goods to the buyer. No further liabilities for the seller, regardless of their legal grounding, particularly claims for compensation, for consequential losses or damages, or buyer-sided claims for compensation or damages resulting from the failure of the seller to fulfil accessory obligations, shall be entertained.
11 – PRIVACY
HERKA Frottier accepts responsibility for all personal data provided by the buyer. This information will be processed within a partially automated system according to the rules and regulations for implementation laid down in the Data Protection Act (DSGVO, TKG 2003). Details will be used to check, take on and fulfil supply contracts, and for the administration of the resultant customer relationship, for the collection of outstanding payments, to combat fraudulent activities and in adherence with statutory guidelines. The buyer hereby permits HERKA GmbH to use his/her name, birth date, address, phone number and e-mail address for marketing and advertising purposes. This permission may be revoked at any time. You are entitled to demand to inspect your personal details by sending an e-mail to email@example.com.
12 – IMAGE RIGHTS
Images rights for all HERKA images are under the ownership of HERKA GmbH. No use of images shall be permitted without prior receipt of written permission.
13 – LIABILITY
We shall accept no liability for cases of mild negligence leading to print errors in our promotional material. In all other cases of damage (except injury to individuals), HERKA GmbH may not be held liable for negligence.
14 – PLACE OF FULFILMENT AND COURT JURISDICTION
The current trading deal in question is subject to Austrian Law.
The place of fulfilment and court of jurisdiction for all services provided as a result of this contract shall be in the location of the seller’s trading office. The court of jurisdiction shall be responsible for legal claims submitted by the seller and, if he chooses so, may also be the regional or local court responsible for such matters in the area in which the seller’s office is based. The seller reserves the right to invoke an international court of arbitration of his choice. Austrian Law shall apply, except in cases where the UN Convention on Contracts for the International Sale of Goods (CISG) overrides.
15 – OTHER ISSUES
Should any one of the above terms and conditions of business be found to be invalid, or become invalid, this fact shall have no effect upon the validity of any of the remaining terms and conditions. Any terms or condition found to be invalid shall be replaced by a legally permissible one that best serves the commercial purposes intended by the parties to the contract.
Herka GmbH, Herkaweg 1, A-3851 Kautzen, Austria
Management: Mag Thomas Pfeiffer
phone: +43 2864 2317 or +43 2864 2219, fax: +43 2864 221920,