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General terms and conditions

 

  • Section 1 Scope
  • Section 2 Conclusion of the contract
  • Section 3 Delivery, shipping costs, costs of revocation
  • Section 4 Price, due date, payment, retention of title
  • Section 5 Revocation
  • Section 6 Warranty
  • Section 7 Liability
  • Section 8 Data protection
  • Section 9 Store pick-up
  • Section 10 Address and publishing details
  • Section 11 Final clauses

 

1 Scope

(1) "Unless expressly agreed to the contrary, our General Terms and Conditions (GTC) issued to the contractual partner shall apply.

Our contractual partner agrees that – in case of using GTC by himself – our terms are taken as basis in case of doubt, even if the terms of the contractual partner stand uncontradicted

In this respect, acts of contract performance on our part shall not be deemed as consent to contractual conditions deviating from our conditions. If any ambiguities remain in the interpretation of the contract, these shall be clarified in such a way that the contents that are usually agreed in comparable cases are deemed to be agreed.

(2) "Important! If we can prove that the contractual partner has taken note of and agreed to the contractual conditions overleaf, these conditions shall become an integral part of this contract as soon as the contractual partner signs the contract.

(3) This document can be printed, saved ("Save file as") or downloaded as a PDF file.

Section 2 Conclusion of the contract

(1) The presentation of the product range of Industrieelektronik Pölz GmbH on computers that can be called up via the Internet does not constitute an offer, but rather a non-binding invitation for the customer to order these products.

(2) By sending an order to Industrieelektronik Pölz GmbH via the Internet (by clicking the "Buy" button), by e-mail, telephone, fax or any other means of communication, the customer makes a binding offer to enter into a sales contract with Industrieelektronik Pölz GmbH. The customer shall receive a confirmation of receipt of the order by e-mail (order confirmation), in which the order details are listed. This order confirmation does not constitute an acceptance of the offer, but is only intended to inform the customer that the order has been received by Industrieelektronik Pölz GmbH.

(3) The contract with Industrieelektronik Pölz GmbH comes into effect when poelz.at accepts this offer by sending the ordered product to the customer or confirming the shipment to the customer with a second e-mail (shipping confirmation). No sales contract is concluded for products from one and the same order that are not listed in the shipping confirmation. If "prepayment" is selected as the payment method, the sales contract comes into effect when the customer places the order and poelz.at sends the request for prepayment.

(4) If poelz.at cannot accept the offer of the customer, the customer shall be informed about the unavailability of the product instead of accepting the order. Any payments already made by the customer shall be reimbursed immediately.

(5) poelz.at saves the contract text and sends the order details to the customer by e-mail. Upon request, poelz.at will provide a copy of the order details.

Section 3 Delivery, shipping costs, costs of revocation

(1) poelz.at is entitled to partial deliveries and partial invoices at any time, provided that these are reasonable for the customer. If partial deliveries are carried out by poelz.at, poelz.at shall take over the additional postage costs. In the event of delays in delivery, the customer shall be informed immediately.

(2) If goods are to be imported to countries outside Austria or Germany, export restrictions may apply and import duties and taxes may be payable by the customer. These vary in different customs areas. The customer is responsible for paying the necessary customs duties, taxes and fees.

(3) If the consumer exercises their right of revocation, they have to bear the regular costs for the return of the goods if the delivered goods correspond to those ordered or if, in the case of a higher price of the goods, the consumer has not yet rendered the compensatory measures or a contractually agreed partial payment at the time of the revocation.

Section 4 Price, due date, payment, retention of title

(1) poelz.at only accepts the payment methods shown to the customer during the order process. If poelz.at has a valid e-mail address of the customer, the invoice will be sent by e-mail.

(2) Subject to section 3, the purchase price and any shipping costs shall become due upon invoicing. Terms of advance payment.

(3) The delivered goods remain property of poelz.at until complete payment.

Section 5 Right of revocation

You can revoke your contractual declaration within 14 days without giving reasons in writing (e.g. letter, fax, e-mail) or – if the goods are handed over to you before the deadline expires – by returning the goods. The period begins after receipt of this written instruction, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery). Timely dispatch of the revocation or the goods shall suffice to comply with the revocation period. The revocation shall be addressed to:

Poelz.at Industrieelektronik Pölz GmbH, Grossendorf 122, A-4551 Ried im Traunkreis
office

Fax: +43 (0)7588 70122

 

Poelz.at IEP Pölz GmbH, Laufener Strasse 59, D 83395 Freilasing

office

Fax: + 49 (0) 8654 47 86 70

Revocation consequences

In the event of an effective revocation, mutually received benefits shall be returned and any gains derived (e.g. interest) surrendered. If you are unable to return or surrender to us the received services or products (benefits of use) or cannot return them in part or only in a deteriorated condition, you must compensate us. You only have to pay compensation for the deterioration of the product and for drawn uses if the use or the deterioration is due to handling of the product that goes beyond the testing of its properties and functionality. "Testing of its properties and functionality" means testing and trying out the respective goods, as is possible and customary in a shop, for example. Goods that can be sent as a parcel shall be returned at our risk. You shall bear the costs of the return shipment if the delivered goods correspond to the goods ordered and – in the case of a higher price of the good – if you have not yet rendered the compensatory measures or a contractually agreed partial payment at the time of the revocation. In all other cases the return is free of charge for you. Obligations to reimburse payments must be fulfilled within 30 days. For you this period begins with the dispatch of your declaration of revocation or of the goods, for us with their receipt.

End of the revocation policy

Note:
(1) The right of revocation is excluded in the case of contracts for delivery

  • Of goods which, due to their nature, are not suitable for return.
  • Of software, if the delivered data carriers have been unsealed by the customer.

In all other cases, the statutory exceptions shall apply.

(2) If products are returned without the product packaging, the customer may have to pay compensation for the value.

Section 6 Warranty

(1) poelz.at shall be responsible for defects which are present at the delivery of the goods, in the context of the legal provisions

(2) "Except in those cases in which the right of rescission is legally entitled, we reserve the right to fulfil the warranty claim at our discretion by improvement, replacement or price reduction.

The contractual partner must always prove that the defect was already present at the time of delivery.

The goods must be inspected immediately after delivery. We must also be notified of any defects discovered in the process immediately but no later than three working days after delivery, stating the type and extent of the defect.

Concealed defects must be notified immediately after they are discovered. If a notification of defect is not made or not made in time, the goods shall be deemed to have been accepted. The assertion of warranty claims or claims for damages due to the defect itself as well as the right to challenge errors due to defects are excluded in these cases.

The warranty period is 24 months from delivery/provision of service.

(3) "Exclusions of liability" in any respect, as well as limitations of liability of the contractual partner, in particular those from the warranty and compensation sections, shall not be accepted, unless these were expressly negotiated with us in detail and recorded in writing.

This therefore also applies, for example, to changes in the statutory burden of proof at our expense, shortening of deadlines, etc.

The exclusion of the right of recourse according to Section 933 b of the Austrian General Civil Law (ABGB) is therefore also not accepted by us.

In the event of defects, we shall be free to choose between replacement, repair or price reduction, unless there is a claim to conversion and we make use of this.

If we insist on repair or replacement, we shall be entitled to withhold the entire payment until full performance of the owed service/delivery.

The obligation to inspect defective deliveries of goods pursuant to Section 377 of the Austrian Commercial Code (UGB) is expressly excluded. If any defects are discovered, we shall in any case be entitled to a six-week period of notice of defects."

We expressly point out that autonomous manipulation such as disassembly and the like shall exclude warranty claims. We would also like to point out that the removal of the serial number sticker will also exclude warranty claims.

Section 7 Liability

(1) "Any claims for recourse against us arising from the "Product liability" section within the meaning of the Austrian Product Liability (PHG) are excluded, unless the party entitled to recourse proves that the defect was caused in our sphere and was at least grossly negligent."

Section 8 Data protection

(1) poelz.at commits itself to treat the personal data of its customers confidentially according to the data protection regulations.

Section 9 Store pick-up

(1) If the customer chooses to pick up the goods at an Industrieelektronik Pölz pick-up site during the order process, the sales contract between the customer and Industrieelektronik Pölz shall come into effect upon pick-up and payment of the goods.

Section 10 Address and publishing details

  1. Industrieelektronik Pölz GmbH

Grossendorf 122

A-4551 Ried im Traunkreis

Austria

Tel.: +43 7588 70122

Fax: +43 7588 70125

Commercial register number: 203189h

Commercial register court: State court: Landesgericht Steyr

VAT number: ATU 50596500

E-mail: office

Website: www.poelz.at

 

  1. IEP Pölz GmbH

Laufener Strasse 59

83395 Freilassing

Germany

Tel.: +49 8654 478670

Tel.: +49 8654 478673

Commercial register number: HRB 14603

Commercial register court: Amtsgericht Traunstein

VAT ID: DE 224679689

E-mail: office

Website: www.poelz.at

(3) The return address can be found on the delivery note:
 

Section 11 Final clauses

(1) The contract is concluded exclusively in German. Austrian law applies to the legal relations between the customer and poelz.at. If the customer is a consumer, the law of the customer's place of residence may also be applicable, provided that the provisions of consumer law are mandatory.

(2) If the customer is a merchant, Steyr is the exclusive place of jurisdiction for all claims in connection with the business relationship.

(3) Should one or more provisions of these General Terms and Conditions be wholly or partially invalid or lose their legal validity in the future, this shall not affect the validity of the remaining provisions of these General Terms and Conditions.

Last updated: January 2014

 

 

 

 

Publishing details

 

  1. Industrieelektronik Pölz GmbH

Grossendorf 122

A-4551 Ried im Traunkreis

Austria

Tel.: +43 7588 70122

Fax: +43 7588 70125

Commercial register number: 203189h

Commercial register court: State court: Landesgericht Steyr

VAT number: ATU 50596500

E-mail: office

Website: www.poelz.at

 

  1. IEP Pölz GmbH

Laufener Strasse 15a

83395 Freilassing

Germany

Tel.: +49 8654 478670

Tel.: +49 8654 478673

Commercial register number: HRB 14603

Commercial register court: Amtsgericht Traunstein

VAT number: DE 224679689

E-mail: office

Website: www.poelz.at

 

 

 

Right of revocation

You can revoke your contractual declaration within 14 days without giving reasons in writing (e.g. letter, fax, e-mail) or – if the goods are handed over to you before the deadline expires – by returning the goods. The period begins after receipt of this written instruction, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery). Timely dispatch of the revocation or the goods shall suffice to comply with the revocation period. The revocation shall be addressed to:

Poelz.at Industrieelektronik Pölz GmbH, Grossendorf 122, A-4551 Ried im Traunkreis
office

Fax: +43 (0)7588 70122

 

Poelz.at IEP Pölz GmbH, Laufener Strasse 59, D 83395 Freilasing

office

Fax: + 49 (0) 8654 47 86 70

Revocation consequences

In the event of an effective revocation, mutually received benefits shall be returned and any gains derived (e.g. interest) surrendered. If you are unable to return or surrender to us the received services or products (benefits of use) or cannot return them in part or only in a deteriorated condition, you must compensate us. You only have to pay compensation for the deterioration of the product and for drawn uses if the use or the deterioration is due to handling of the product that goes beyond the examination of its properties and functionality. "Testing of its properties and functionality" means testing and trying out the respective goods, as is possible and customary in a shop, for example. Goods that can be sent as a parcel shall be returned at our risk. You shall bear the costs of the return shipment if the delivered goods correspond to the goods ordered and – in the case of a higher price of the good – if you have not yet rendered the compensatory measures or a contractually agreed partial payment at the time of the revocation. In all other cases the return is free of charge for you. Obligations to reimburse payments must be fulfilled within 30 days. For you this period begins with the dispatch of your declaration of revocation or of the goods, for us with their receipt.

End of the revocation instruction

Note:
(1) The right of revocation is excluded in the case of contracts for delivery

  • Of goods which, due to their nature, are not suitable for return.
  • Of software, if the delivered data carriers have been unsealed by the customer.

In all other cases, the statutory exceptions shall apply.