GENERAL TERMS AND CONDITIONS FOR CONSUMERS ACCORDING TO THE CONSUMER PROTECTION ACT
1. GENERAL
1.1 These General Terms and Conditions (“GTC”) apply to all purchase contracts for goods from calvino GmbH (“calvino”) that are concluded with consumers within the meaning of the Consumer Protection Act (KSchG) in the context of the calvino web shop. The calvino data are:
calvino GmbH, Hauptstraße 103 / Office 5, 2384 Breitenfurt b. Wien, Austria/Europe
Tel.: +43 2239 2721
E-Mail: contact@calvino.at , Web: www.Calvino.at
1.2 By placing an order, the customer agrees to these Terms and Conditions and is bound by them.
2. CONCLUSION OF CONTRACT
2.1 All offers from calvino are subject to change and are to be understood as an invitation to the customer to make an offer themselves.
2.2 The customer is obliged to fill in the fields provided in the order form completely and truthfully. By clicking on the button “Order now” the customer makes a binding offer to purchase the goods in the shopping cart. The order confirmation that is then automatically sent documents that the order has been received by calvino, but does not yet constitute acceptance of the offer.
2.3 The contract is only concluded when calvino accepts the order, either by sending an order confirmation by post, fax or email.
2.4 If the ordered goods are not available at short notice at the time of ordering, the customer will be informed of this. If the goods are permanently unavailable, no contract will be concluded; the customer will be informed of this.
3. RIGHT OF WITHDRAWAL UNDER THE DISTANCE AND FOREIGN TRADE ACT – FAGG:
3.1 Customers can withdraw from a purchase contract concluded via the calvino webshop within 14 days without giving reasons. The withdrawal period begins on the day on which the customer takes possession of the goods. If several goods were ordered as part of a single order and are delivered separately, the withdrawal period begins on the day on which the customer takes possession of the last delivered goods. If goods are delivered in several partial deliveries, the withdrawal period begins on the day on which the customer takes possession of the last partial delivery.
3.2 The declaration of withdrawal is not bound to any particular form. The customer can use the sample withdrawal form, which can be found at withdrawal . The withdrawal period is met if the declaration of withdrawal is sent within the period specified in point 3.1 to calvino GmbH, 2384 Breitenfurt near Vienna, Hauptstraße 103 / Office 5, or to the email address contact@calvino.at .
3.3 In the event of withdrawal within the meaning of Section 11 FAGG, the following applies:
a) calvino must refund all payments made by the customer, including delivery costs if applicable, immediately, but no later than within 14 days of receipt of the cancellation notice. Payments made by the customer will be refunded using the same payment method that the customer used to place the order. However, if the customer has expressly opted for a different type of delivery than the cheapest standard delivery offered by calvino, he or she is not entitled to reimbursement of the additional costs incurred as a result. calvino may refuse to refund until calvino has either received the goods back or the customer has provided proof of the return of the goods.
b) The customer must return the goods received immediately, but no later than within 14 days from the date of the declaration of withdrawal, to
calvino Logistic Center Traiskirchen
Wienersdorfer Straße 20-24
Obj. M35
2514 Traiskirchen
Austria/Europe
in the original calvino packaging. The return period is met if the goods are sent within the period.
c) The direct costs of returning the goods are to be borne by the customer. If the goods are not usually sent by post in an individual case due to their nature, calvino must collect the goods at its own expense.
d) The customer shall pay calvino compensation for a reduction in the market value of the goods if this loss in value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
3.4 However, the right of withdrawal does not apply to contracts for goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
4. PRIZES
4.1 In principle, the purchase price for the ordered goods is the one stated in the webshop. All prices stated are in euros and include statutory sales tax. Packaging and shipping costs are calculated and shown separately unless they are expressly borne by calvino (for example, if the minimum order quantities stated in the webshop and/or the delivery areas stated in the webshop are not reached). The shipping and additional costs are stated in the calvino webshop.
4.2 If export or import duties are due during shipping, these will also be borne by the customer. The prices for the goods and services offered do not include costs charged by third parties.
4.3 For sales to entrepreneurs within the EC, no Austrian VAT is payable if the VAT ID is provided; these entrepreneurs must pay the VAT in their home country.
5. PAYMENT CONDITIONS
5.1 The customer can choose from the payment methods displayed during the ordering process, e.g. payment by credit card, PayPal, direct bank transfer to the account specified in the calvino web shop. calvino reserves the right to restrict the selection of payment methods in individual cases.
5.2 The data entered will not be stored by calvino, but may be stored by the respective payment provider.
5.3 The invoice will be issued together with the order confirmation. Unless otherwise agreed, the invoices are due for payment immediately upon issue without deductions and expenses. In the event that payment is not made on time, calvino is entitled to withdraw from the contract without setting a grace period.
6. DELIVERY CONDITIONS
6.1 The purchased goods will be dispatched (depending on availability at calvino and the shipping location) within 5 working days of receipt of payment by calvino. If the goods are not available at calvino, in individual cases dispatch will take place within 60 working days of receipt of payment by calvino at the latest, due to production costs.
6.2 Delivery will be made to the address provided by the customer. If the customer provides incorrect, incomplete or unclear information, he or she will bear all resulting costs.
6.3 Delivery shall be made, at calvino’s discretion, either by forwarding agent or by post.
6.4 When the goods are shipped, the risk of loss or damage to the goods only passes to the customer when the goods are delivered to him or to a third party other than the carrier designated by him. However, if the customer has concluded the transport contract himself without using a selection option suggested by calvino, the risk passes when the goods are handed over to the carrier.
7. WARRANTY
7.1 The statutory warranty provisions apply.
7.2 All information and data on the goods and their appearance, in particular their colours, contained in the webshop, brochures, drawings, dimensional drawings and descriptions are only approximate and non-binding. Colour deviations of the individual goods (also in relation to their illustrations) are possible due to production reasons and do not constitute defects.
8. DATA PROTECTION
The customer acknowledges that his data will be stored and processed automatically for the purpose of contract execution (e.g. for delivery of goods, for processing payment transactions) and will only be used by calvino in the manner permitted by data protection law. His data will not be passed on to third parties unless this is necessary to fulfill the contract or due to legal regulations.
9. JURISDICTION – APPLICABLE LAW
9.1 If the customer does not have a general place of jurisdiction in Austria, the exclusive jurisdiction of the competent court at the registered office of calvino is agreed.
9.2 The exclusive applicability of Austrian law – excluding the UN Convention on Contracts for the International Sale of Goods and international conflict of laws rules – is agreed.
10. MISCELLANEOUS
Should any provisions of these General Terms and Conditions be or become invalid in whole or in part due to mandatory legal provisions (in particular the provisions of the Consumer Protection Act), the validity of the remaining provisions shall remain unaffected. In place of any invalid provision, the provision that is legally permissible and economically closest to the invalid provision shall be deemed to have been agreed.
Status: November 2023
TERMS AND CONDITIONS FOR BUSINESSES
1. GENERAL
1.1 These General Terms and Conditions apply to all our services unless expressly agreed otherwise in writing. These General Terms and Conditions are an integral part of each of our offers and each contract concluded with us.
1.2 The buyer agrees that even if he uses general terms and conditions, our conditions will apply, even if the buyer’s conditions remain unchallenged. Contract fulfillment actions on our part do not constitute consent to contractual conditions that deviate from our conditions.
1.3 General terms and conditions of any kind that conflict with these terms and conditions shall only be valid if they have been confirmed by us in writing.
2. CONTRACT
2.1 Our offers are subject to change and do not entail any obligation to accept the order.
2.2 A contract only becomes legally binding for us if we confirm the order in writing or if we actually comply with the order. Promises made by our field staff or our sales representatives are invalid. Likewise, actions taken by field staff or our sales representatives do not lead to acceptance of the order.
2.3 Factually justified and reasonable changes to our performance or delivery obligations, in particular reasonable delays in delivery, shall be deemed to have been approved in advance.
2.4 All information and data contained in brochures, drawings, dimensional drawings and descriptions about the goods and their appearance, in particular their colors, are only approximate and non-binding. We reserve the right to make technical or formal changes and adjustments. Color deviations of the individual goods (also in relation to their illustrations) are possible due to production reasons and do not constitute defects.
3. PRIZES
3.1 Our prices are determined according to the current price list and the duration of the agreed delivery period. All prices stated in the price list are subject to possible printing errors. If the delivery dates are postponed for reasons that are not our fault, we reserve the right to claim cost increases.
3.2 Unless otherwise expressly stated, all prices quoted by us are net prices excluding all fees and taxes from our calvino Logistics Center Traiskirchen, excluding packaging, loading, transport, insurance and disposal. All additional costs of a purchase contract are borne by the buyer.
3.3 If there are changes in costs between the conclusion of the contract and the performance of the service, such as in particular wage costs and/or procurement costs of the materials to be used, whether due to law, regulation, collective agreement, statute, official recommendation, other official measures or due to changes in world market prices, the prices in question shall increase or decrease accordingly, unless less than three months elapse between the placement of the order and the performance of the service.
4. PAYMENT CONDITIONS
4.1 The place of performance for payment is our headquarters in Breitenfurt. Payments to us must be made exclusively to an account specified by us or to a person with authority to collect in order to discharge the debt. In the case of transfers, the timeliness of the payment is determined by the credit to the account specified by us.
4.2 If there are delays in the performance of the service, we are entitled to invoice for the services provided to date.
4.3 In case of late payment, any discounts granted to the Buyer will be void.
4.4 If, in the case of export contracts, a devaluation of the invoiced currency occurs between the conclusion of the contract and the payment, it is agreed that the extent of this devaluation shall be borne by the buyer.
4.5 In the event of late payment or insolvency of the buyer, we are entitled to withdraw from the contract without setting a grace period. In these cases, we are entitled to take back products that have already been delivered, regardless of the applicability of point 7.
4.6 Unless expressly agreed otherwise, the Buyer is not permitted to offset any counterclaims or withhold payments for any reason whatsoever.
5. DELIVERY
5.1 The place of performance for delivery is our logistics center in Müllendorf. The goods are made available to the buyer in our product packaging without being loaded onto the collecting means of transport. In the absence of an express written agreement, the goods are made available by us exclusively in transport packaging that is customary for truck traffic and in our usual packaging dimensions. Subsequent information from the buyer regarding transport packaging will not be accepted. The person collecting the goods is solely responsible for securing the goods in the means of transport. The buyer must obtain all the evidence he needs for exporting and/or importing the goods and, if necessary, for transit through each country and is responsible for this himself.
5.2 Unless a fixed date is expressly agreed, delivery periods are always non-binding. The delivery period begins when the order comes into effect. In the event of an agreed change to the order, we are entitled to set a new delivery date. We are not liable for delays in delivery that are not our fault. In this case, the buyer waives the right to withdraw from the purchase contract and also the right to assert claims for damages. In other cases, the buyer is not entitled to withdraw from the contract without setting a reasonable grace period. The obligation to deliver does not apply in the event of force majeure and other delays that cannot be influenced, even if these occur at the supplier (e.g. fire, strike, embargo, lack of means of transport). In such cases, we are free to withdraw from the contract without being obliged to pay damages; this also applies, at our discretion, to subsequent deliveries that are not yet due.
5.3 We do not take over or dispose of packaging material. The buyer is responsible for the disposal regulations applicable in the destination country. Any costs associated with the disposal of the packaging and the goods are to be borne by the buyer.
6. TRANSFER OF RISK AND DELAY IN ACCEPTANCE
6.1 Irrespective of the agreed place of performance and the agreed price, benefit and risk shall pass to the buyer upon our notification of readiness for dispatch or – in the absence of such notification – upon collection of the goods from our logistics center in Traiskirchen.
6.2 In the event of default in acceptance, we shall be entitled – notwithstanding our other claims – to dispatch the goods at our discretion in the name, at the expense and risk of the Buyer or to store them in any manner in the name and at the expense of the Buyer.
7. RESERVATION OF TITLE
7.1 The purchased item remains our property until the purchase price has been paid in full (including VAT, default interest and costs).
7.2 Furthermore, we retain title to all goods delivered by us to the buyer until all claims to which we are entitled – including interest, expenses and costs – have been settled.
7.3 As long as the retention of title exists, the object of purchase may not be sold, pledged, assigned as security, brokered or otherwise transferred. If we agree to these dispositions, the purchase price claim is already deemed to have been assigned to us and we are entitled at any time to inform the third-party debtor of this assignment. The buyer is obliged to keep the object of purchase in proper condition for the duration of the retention of title.
7.4 The return of the goods by us does not constitute withdrawal from the contract. All of our rights arising from the legal transaction, including the right to claim damages for non-performance, remain in force.
7.5 The buyer is entitled to resell the goods delivered subject to reservation in the normal course of business as long as he has not fallen into arrears with payment. The buyer hereby assigns to us all claims against third parties arising from the resale in the amount of the respective invoice amount agreed between the buyer and us. The buyer remains entitled to collect these claims as long as he has not fallen into arrears with payment. However, the buyer is obliged to hand over all documents to us and to disclose the names of his customers so that we are able to collect the claims ourselves. The buyer is obliged to disclose the assignment to his customers.
8. WARRANTY
8.1 The warranty period is 6 months and begins with the transfer of risk to the buyer.
8.2 The purchase item must be inspected by the buyer immediately after receipt. Any defects, shortages or incorrect deliveries that are immediately apparent upon receipt must be noted in detail on the delivery note or consignment note, otherwise all claims will be excluded. If an immediate inspection is not possible upon receipt, this fact must be noted on the delivery note or consignment note, otherwise all claims will be excluded. The buyer must then inspect the purchase item immediately and report any defects immediately, but no later than within 5 working days of the purchase item being handed over, or in the case of hidden defects, after the defect has been identified, by registered letter stating the type and extent of the defect, otherwise all claims will be excluded. If a complaint is not made or is not made in a timely manner, the goods are deemed to have been approved. The assertion of claims based on defects is excluded in these cases. In deviation from Section 824 ABGB, the buyer must provide proof that the defect was already present when the service provided was handed over.
8.3 Our warranty obligation is limited, at our discretion, to the improvement or replacement of the defective parts or the price reduction. We are only obliged to remedy defects if the buyer has fully met his payment obligations. Installation or other costs incurred will not be reimbursed.
8.4 The right of recourse according to Section 933b ABGB is time-barred after 2 years from the transfer of risk to the buyer.
8.5 The provisions of points 8.1 to 8.4 do not apply to consumer transactions.
9. COMPENSATION
9.1 Our liability for simple gross negligence is excluded. Furthermore, we are not liable for consequential damages and lost profits. The following applies to consumers: Our liability for slight negligence is excluded, except in the case of personal injury.
9.2 The prerequisite for claims for damages against us is the complete and timely notification of the defect after the occurrence of the damage has become apparent in accordance with point 8.2. This does not apply to consumer contracts.
9.3 The buyer can initially only demand improvement or replacement as compensation; only if both are impossible or would involve disproportionate expenditure for us, can the buyer immediately demand monetary compensation.
9.4 The buyer must prove causation, illegality and fault.
9.5 Claims for compensation shall expire within 6 months of knowledge of the damage and the person responsible, and in any event within 2 years of the transfer of risk.
10. PRODUCT LIABILITY
10.1 Any claims for recourse made against us by the buyer or third parties on the basis of product liability are excluded. The buyer guarantees to include this limitation of liability in all agreements with companies and to oblige them to pass it on, as well as to indemnify us against all such liabilities towards companies.
10.2 Claims for compensation expire within 5 years after the date on which the goods were placed on the market. The buyer must legally communicate this period to his customers.
10.3 Recourse claims shall only exist to the extent that the Buyer provides evidence that the defect arose before the goods were placed on the market by the Supplier.
10.4 Our liability under the PHG is also excluded for any damage caused as a result of non-compliance with assembly and/or operating instructions and safety instructions or violation of statutory or other standards or instructions.
11. JURISDICTION AND APPLICABLE LAW
11.1 For all disputes arising from or in connection with a contractual relationship in which we are involved as a contractual partner, the exclusive jurisdiction, at our discretion, is the court with substantive and local jurisdiction for Breitenfurt or the court with substantive and local jurisdiction at the place of business of the buyer.
11.2 The exclusive applicability of Austrian law – excluding the UN Convention on Contracts for the International Sale of Goods – is agreed. The contract language is German.
12. MISCELLANEOUS
12.1 Unless these Terms and Conditions provide otherwise, the place of performance shall be our logistics center in Traiskirchen.
12.2 The buyer’s data will be processed automatically for the purpose of contract execution and may be transmitted to third parties who have a business relationship with us. The buyer hereby declares his consent to this. We will treat the data in accordance with the provisions of the Data Protection Act.
12.3 Should any provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of any invalid provision, the provision that is legally permissible and economically closest to the invalid provision shall be deemed to have been agreed.
12.4 All agreements, subsequent changes, additions, collateral agreements, etc. must be in writing to be valid. This also applies to any waiver of the written form requirement.
Status: November 2023
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