GTC

Companies Address & central warehouse

 

PHOTON trading company m.b.H.
Headquarters:
Karl-Schachinger-Strasse 2
A-4070 Eferding
Austria

 

Phone: +43 7272 / 75797-0
Fax: +43 7272 / 75797-22
 
Email: info@foto-mueller.at

 

Business Hours:
Monday - Thursday 9.00 - 17.00 clock
Friday 9.00 - 15.00 clock

 

Registration no: FN96312k,
Court Wels
UID-no: ATU24669008
Member of Upper Austria Federal Economic Chamber

 

SALE AND DELIVERY

 

These provisions are integral parts of all our tenders and contracts for goods and services in current and future business connections. Shopping conditions of our customers do not apply. Any different arrangements, especially contradictory and conditions of our customers as well as ancillary to be valid our express written consent.

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   1st Order and order

 

Contract award is in recognition of our sales and delivery conditions. Phone orders are binding for us as soon as order number or name of the customer are known. If you have a written order later, we ask you to take this clearly with "phone vorausbestellt". The cost of a double delivery ansonst go at your expense. We confirm no mission. -- We are also partial deliveries. Possible residues after receipt nachgeliefert. The assertion of default loss is excluded.

 

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   2nd Prices

 

All of us mentioned prices are subject to change. Even if a validity period is specified, remain price corrections as a result of changes in economic conditions - particularly the foreign exchange rates - reserved, as well as corrections of mistakes and printing errors. In consumer transaction point 2.

 

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   3rd Delivery

 

We usually deliver by parcel, postal and shipping. From an order value of EUR 90, - incl. We currently pay the costs () except for bulky goods, such as background, boxes, processors, cases. For orders under EUR 90, - (incl. VAT.) Are charged EUR 6.90 (incl. VAT.) For billing, packaging and freight costs. Special requests such as delivery via EMS, etc. must be specially requested at the order, the additional cost will be charged to the buyer, as well as the shipping costs for shipments to locations outside of Austria. Similarly, the cost of hazardous shipments will be charged.

 

With the delivery of goods to the carrier, the risk goes to the beneficiary through. Damage must be the recipient of the carrier (messenger service, railways, post office, etc.) certify in writing. If the damage is discovered during unpacking, please report it to us within 24 hours after the arrival of the package! For non-delivery of goods please inform us within 5 days after contract award.

 

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   4th Contracting resignation

 

Irrtümlich wrong ordered or did not conform to the requirements catalogue product is withdrawn from us only if they are undamaged in the original packaging and in the last 10 days purchased. In such cases we charge 15% handling fee, but at least EUR 10, -. Extra special ordered products, factory orders, film and photo paper are of return or exchange excluded. Transport costs for goods returned, we do not.
Adopting default or other important reasons, especially as bankruptcy or bankruptcy of the customer rejected for lack of assets, as well as payment of the customers we are to rescind the contract, if it from both sides has not yet been fully met. In the event of Rücktrittes we have the fault of the customers to choose a liquidated damages of 15% of the gross invoice amount or the replacement of the damage to covet. In the event of payment default of the customers we are of all other performance and delivery obligations and entitled to outstanding deliveries or services back and advance payments or seizures to demand or after a period of grace from the contract.
In the accounts at a distance (§ 5a ff Consumer Protection Act), the consumer can withdraw from the contract within 7 working days to resign, and Saturdays not count as working days. The period begins with the date of the Einlangens the consumer goods or services with the day the contract is concluded. It is sufficient for the resignation declaration within that period given. If the consumers under this provision from the contract, he has the cost of returning the goods must be taken for the contract was a credit, so he adopted the necessary costs of certification of signatures, the charges (fees) for lending to wear. For services, as agreed with their execution within 7 working days after the conclusion of the contract started, is a resignation not possible.

 

After returning the goods, you paid the purchase price refunded, but not the shipping. Precondition is that the goods intact, in the state and delivered in the original packaging is returned to us. The refund amount of the payment made on the same route, ie also reflect the same bank account from which the payment was done by you. Please note that especially if the payment of the purchase price of a foreign bank account from causes!

 

When acquired by auction items, there is no right and no right of return. Unless this right may be exercised by the warranty claim.

 

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   5th Ensure investigation and reprimand duty

 

The buyer is obliged to incoming goods with him immediately on regularity and completeness. Any defects must be immediately notified to us. Transport damage, see Item 3 -- The replacement of faulty photographic material (films, paper, chemicals and tools) is limited to just this material in the disputed amount. Further claims are excluded. We are not explicitly liable for consequential damages as well as all those damages caused by improper treatment (use of force, etc.). Claims for damages are generally excluded, unless the damage was not intentional or grossly negligent by us in debt. Regressforderungen within the meaning of Section 12 product liability law are excluded, unless the Regressberechtigte proves that the error in our sphere and caused at least been grossly negligent in debt.
The following provisions of paragraph 5 shall apply to consumer transactions not:
Warranty claims of customers in all cases to either through exchange, repair within a reasonable time or price reduction. Conversion (contract Repeal), the customer can only covet if the defect is essential, not by replacement or repair behebbar and price reduction for the customer is not reasonable. Damages claims by the customers, to remedy the shortage by improving or exchange aim can only be invoked if we are meeting the warranty claims in a significant delay.
Warranty claims, if it movables, within one year after delivery of the case argued in court. If the customer the existence of a defect claims, resulting claims, especially because of warranty or damages, only be invoked if the customer proves that the defect was already at the time of delivery of the product was available, as is within the first six Months after delivery of the goods. Our obligation to guarantee expires in any case by the end of the warranty period, a special way beyond recourse of the customer pursuant to Section 933b ABGB because even performed warranty obligations is excluded.

 

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   6th Payment terms

 

The following payment methods are available:
- Cash on delivery (COD fee: $ 5.99 incl. VAT)
- By advance payment (accounting)
- By open account (only for regular customers)
First deliveries are, in principle, cash on delivery, advance payment or settlement of a credit card!
Payments from the customers until the date of receipt to our account when they are. After the bills printed in our net due dates gets the buyer in default. The case is not committed to timely payment of the arrears Befindliche, interest in the amount of commercial banks calculated interest rate for open account credit, and all Mahnspesen and all that a debt collection agencies, lawyer, etc. tarifmäßigen costs related to the same pay. -- If the buyer's payment obligations are not met, or if other circumstances known to us, the creditworthiness of the customer in question, we are entitled to the entire outstanding balance immediately fälligzustellen and additional cash on delivery orders.

 

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   7th Retention of title

 

All goods are checked by us under retention of title delivered and remain until full payment of our property. In the assertion of ownership is only one resignation from the contract if this is explicitly stated. For goods withdrawal, we are entitled to an appropriate transport and handling charges to offset. In the event of third parties to the reserved goods - notably through attachments - is committed to the customer on our property and to notify us immediately. If the customer is not a consumer or business to which normal business operations of trade with the goods purchased by us, it may until full payment of the outstanding purchase price claim of the reserved product, in particular not sell, pledge, give or lend. The customer bears the full risk for the reserved goods, especially for the risk of loss or degradation.
The customer us now his claims against third parties, where it through sale or processing of our goods, until the final payment of our claims payment, but the buyer still remains fully committed. The customer asked us to request its customers to call and this time of the assignment without delay. The assignment is in the business records and delivery, billing, etc. apparent to the customer. If the customer with its payments to us in default, the depth at his sale proceeds abzusondern and the customer only on our behalf inne. Any claims against an insurer are within the limits of Article 15 insurance contract law already assigned to us.

 

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   8th Retention

 

If it is not a consumer transaction, the customer complaint justified, except in the cases of return processing, not for the holding back of the whole, but only a reasonable portion of the invoice amount authorized.

 

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   9th Choice of law and jurisdiction

 

Austrian law is applicable. The applicability of the UN Sale of Goods is expressly excluded. The Parties agree Austrian domestic jurisdiction. If it is not a consumer business, the decision is all resulting from this contract disputes at the headquarters of our company objectively exclusively competent court jurisdiction.

 

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10th Privacy, Change of Address

 

The safety and the protection of our customers' data is our particular concern. We commit ourselves to the statutory provisions relating to privacy. We would however like to reiterate that the data for data transfers in open networks like the Internet, according to the state of the art is not fully guaranteed. For the safety of its data transmitted to the Internet to pay if the customer there for concern.

 

The customer gave its consent that the purchase agreement mitenthaltenen personal data in compliance with this agreement we automationsunterstützt stored and processed.
The customer is obligated to us changes in his residential or business address announce vertragsgegenständliche long as the legal business is not mutually fully met. If the statement omitted statements shall be deemed to be received, if they announced to the last address. 
  

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 11a. Returns for private retail from Austria
(according to distance Gazette I no law 185/1999)
Valid for online appointed by shipping the goods delivered!
 
Customers, consumers in the meaning of the Consumer Protection Act, may, within a period of 14 calendar days from receipt of delivery of the goods ordered by a distance contract (or at a distance delivering the statement) to resign. It is sufficient if the resignation declaration within the deadline without giving reasons transmitted. Saturdays, Sundays and holidays are used to calculate the time limit. There are but in any 7 working days (excluding Saturdays, Sundays and holidays). In the case of resignation, a total or partial refund of the purchase price only train to train against deferral of goods received by the customer. The cost of returning will be borne by the customer.
 
The goods should be considered to be new and unused condition and in their original packaging returned. In the case of articles by traces of use are affected or damaged packaging, is done by us a reasonable fee for the amount collected. The same applies when returning the goods accessories or parts are missing.
 
The revocation must be sent to: 
 
Photon HandelsgesmbH
Karl-Schachinger-Straße 2
4070 Eferding
 
Notes:
 
a) We also want to point out that returning without original packaging if you value replacement to make. Please raise your therefore the original packaging until you have decided on your right not to make use.
b) A right is not:
if the goods according to customer specifications or clearly been to your personal needs, or which by their nature are not returning for a suitable.
pick up your order at our site, as a possible hit;
upon delivery of audio or video recordings and software, if the disk supplied by you in accordance;
-- End of the revocation notice --

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11b.Returns for private retail from Europe