| 1. Scope of application
1.1 These terms and conditions apply to all business transactions
made between Skriptorium Pichler & Winkler KEG (hereinafter referred
to as Skriptorium), and its customers (the customer), unless otherwise
stipulated in writing.
1.2 These terms and conditions likewise apply to business transactions
brokered or concluded by Skriptorium's authorized sales agents.
2. Making of Agreements
2.1 All orders addressed directly to Skriptorium by the customer
or transmitted to Skriptorium via his representatives, are considered
as binding declarations on the part of the customer. Skriptorium
is, however, free to accept or refuse orders at any time.
2.2 In any case, agreements made between Skriptorium and its customers
shall not take effect until Skriptorium has sent a written acknowledgment
of the order. Order confirmations do not represent an order acknowledgment
on the part of Skriptorium but are intended to inform you that the
order has been received by Skriptorium.
3. Prices
3.1 Skriptorium explicitly reserves the right to change the rates
published in the form of brochures, price lists and of its homepage.
The prices quoted overleaf are guaranteed until the date mentioned,
unless stipulated otherwise.
4. Availability
4.1 Delays in delivery do not entitle the customer to claims for
damages. In case of delayed delivery Skriptorium is entitled to
a reasonable period of grace. If delivery is completed within this
period, it shall be deemed to be in conformity with the contract.
5. Customer information
5.1 Upon receipt of an order from a customer, Skriptorium reserves
the right to request information on the identity and financial standing
of the customer, either from the customer himself or from third
party.
6. Cancelling clause
6.1 For subscription agreements and agreements on immediately available
goods, customers benefit from a guaranteed right to return their
copy within 14 days of receipt of the merchandise. The return costs
(consignment with value declared in original packaging) shall be
borne by the customer.
6.2 Prepaid amounts will be refunded to the customer immediately
upon receipt and control of the returned product. In case of inadequate
handling of the product and in case the product arrives in a damaged
or unusable state, Skriptorium retains the right to withhold an
adequate amount.
7. Shipping and handling costs, transport risk
7.1 The shipping and handling costs shall be borne by the customer.
Information on the current shipping and handling costs is available
from Skriptorium.
7.2 Skriptorium bears the risk of damage to the merchandise and
the risk of loss during transport to the customer.
7.3 For goods returned to Skriptorium, both shipping and handling
costs as well as the risk of damaged or lost merchandise are at
the customer's expense.
8. Duty and other taxes
8.1 Goods exported outside EU may be subject to importation taxes
payable in other countries. These taxes shall be borne by the customer
and may vary from duty area to duty area. The customer is alone
responsible for the orderly payment of the duties and other taxes
payable in the country of importation. Import taxes are not included
in the shipping and handling costs!
9. Terms of payment
9.1 Skriptorium reserves the right to request the customer to pay
either the full amount or an adequate deposit of the sales price.
Prepayment is required for all shipments abroad. The agreement does
not take effect until receipt of the requested amount.
9.2 A deposit according to no. 9.1 is obligatory for all part payment
agreements (payment by installments), prepayment and subscription
agreements. Shipment will take place at the earliest upon receipt
of the third installment agreed to. For part payment agreements
(payment by installments), the balance becomes due within a maximum
of 30 months upon written confirmation of the agreement.
9.3 Invoices issued by Skriptorium to the Customer shall as a rule
be payable within 14 days (within Austria) and 30 days (outside
Austria). In case of prepayment agreements, the full amount becomes
due at the end of the prepayment period.
10. VAT
10.1 All prices include statutory VAT at rates of currently 10%
for books and 20% for other articles. Should a VAT increase be imposed
between the date of the order and the day of dispatch, Skriptorium
is entitled to invoice this increased VAT.
11. Delay in payment, reminding costs
11.1 In case of a delay in payment on the part of the customer,
Skriptorium may invoice expenses for reminders as well as interest
on arrears of 8.9 % p.a. 11.2 If a credit or installment purchase
has been agreed and the customer is in arrears with payment of three
installments, the outstanding sum falls due immediately.
12. Reservation of title
12.1 Unless stipulated otherwise in writing, all delivered products
remain Skriptorium's property until fully paid. Skriptorium is authorized
to register this right of title in the registry of proprietary rights.
13. Warranty, liability
13.1 Skriptorium guarantees to deliver faultless products to the
customer.
13.2 The customer must claim any and all defects on the products
supplied by Skriptorium within 14 days of receipt of the merchandise
in writing and in full detail. If no claim is made, the product
is held to be faultless.
13.3 Skriptorium denies any liability for personal injury and damage
to property caused by improper handling or abusive use.
13.4 Armoury parts offered by Skriptorium have been produced in
such a way to adequately protect the relevant part of the body against
hits occurring in a mock tournament. However, the product’s fitness
for mock tournaments can neither be guaranteed nor can Skriptorium
be held liable for injuries occurring while wearing the product.
Any and all warranty for the product’s fitness for show fighting
is explicitly excluded.
14. Proof of age
14.1 In the case of weapons, knives or similar goods, a certified
proof of age must be provided to Skriptorium along with the order.
14.2 Delivery of such goods to persons under 18 years is not permitted.
15. Data protection
15.1 The data required for the business transaction is registered
in strict keeping with the regulations in force and, if necessary,
transferred during order processing to affiliate companies or partners,
or to third parties in charge of order processing. All personal
data shall be kept secret. However, Skriptorium reserves the right
of transmitting personal customer data for the purpose of credit
analysis and surveillance in the framework of a data transfer to
third party.
15.2 The customer has the right to withdraw his consent pertaining
to art. 15.1 at any time. In this case, Skriptorium may in turn
cancel the agreement and charge the customer with any and all costs
incurred up to this point.
16. Place of delivery and forum
16.1 The place of delivery shall be the customer’s delivery address.
The court of jurisdiction is Graz. All our contracts are subject
to Austrian law and to the Terms and Conditions above.
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