General Terms and Conditions of Use (GTCU)
for the use of the webshop of Fahrzeugbedarf Kotz & Co.KG
https://shop.fahrzeugbedarf.at
Vers03/26012016
1. general
1.1 Fahrzeugbedarf Kotz & Co KG (hereinafter referred to as “Fahrzeugbedarf”) operates the webshop https://shop.fahrzeugbedarf.at
1.2. This webshop is aimed exclusively at entrepreneurs (B2B transactions). Consumers within the meaning of the Consumer Protection Act are excluded from use.
1.3 The use of the webshop is based on these terms of use. These Terms of Use are a supplement to the General Terms and Terms and Conditions (AGB) of Fahrzeugbedarf in the currently valid version. represent. These are https://fahrzeugbedarf.at/agb available.
In the event of contradictions or loopholes, the following order of precedence shall apply :
1. GTC
2.GTC
3.Dispositive law
1.4. General terms and conditions of the customer of any kind whatsoever never become part of the contract.
1.5. Should individual provisions of these T&Cs be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions or the conclusion of a contract. Such a provision shall be deemed to be replaced by a provision that comes closest to the economic purpose of the invalid provision and is effective. The same applies in the event that these GTCS contain a loophole.
1.6. Amendments and additions to the contract and other material declarations must be made in writing to be effective. This shall also apply to any waiver of the written form requirement hereby agreed. Declarations made by fax or e-mail shall also be deemed to be “in writing” within the meaning of these GTC.
2. operation of the web store
2.1. This webshop is merely a voluntary service provided by Fahrzeugbedarf to customers to give them the opportunity to make inquiries and place orders outside the business hours of Fahrzeugbedarf.
2.2. Fahrzeugbedarf is entitled to change the webshop at any time and to close it temporarily or permanently. The customer has no claim to the provision of the webshop.
2.3. In particular, Fahrzeugbedarf has the right to expand, reduce and otherwise change the offer of the web store at any time.
2.4. The customer has no claim to the webshop being accessible and/or functional at all times.
2.5. Fahrzeugbedarf shall not be liable for technical faults or other restrictions in the use of the web store by the customer.
2.6 The customer acknowledges and agrees that due to the variety of goods and price structure, it is not possible to display a binding final price in the web store or to provide information on the availability of the respective goods. The customer’s order merely represents a contractual offer to Fahrzeugbedarf. Its receipt will be confirmed immediately. However, this confirmation of receipt does not constitute a binding declaration of acceptance unless expressly stated otherwise. Fahrzeugbedarf shall declare acceptance of the offer within 2 working days by sending an order confirmation. If no order confirmation is received within this period, this shall not constitute a rejection of the offer. In this case, the customer shall contact Fahrzeugbedarf to discuss further processing.
2.7 In the event that acceptance of the offer cannot be declared due to deviating prices or lack of availability of the ordered goods, Fahrzeugbedarf shall inform the customer of this and, if necessary, submit an alternative offer. The customer may accept this offer within a period of 5 working days. In the event that the customer does not expressly declare acceptance within this period, the offer of Fahrzeugbedarf shall expire.
3. access data / customer data
3.1. The customer will be provided with a user ID and password (access data) by email within 7 days of creating a profile for the first login.
3.2. The customer is obliged to protect his access data from access by unauthorized third parties. Fahrzeugbedarf shall not be liable for any damage caused by the use of access data by unauthorized third parties. The Customer is obliged to indemnify and hold Fahrzeugbedarf harmless.
3.3. Fahrzeugbedarf can assume that inquiries and orders made using the access data originate from authorized persons.
3.4. The customer must also check his profile immediately after providing the access data. If changes are necessary, the customer is obliged to report these immediately to Fahrzeugbedarf and the latter will update the profile accordingly.
3.5. The customer is obliged to keep his profile up to date. Should there be any changes, the Customer is obliged to report these immediately to Fahrzeugbedarf so that the profile can be updated. The Customer agrees that Fahrzeugbedarf may send deliveries to the physical and/or electronic addresses (in particular email) stored in the profile and that the delivery shall be deemed to have been effected. The Customer is also obliged to check his email account regularly and ensure that deliveries can be made to it.
3.6. The customer can delete their profile at any time using the button provided for this purpose. However, the customer acknowledges that this will permanently delete all data. The customer is responsible for making a data backup.
4. disclaimer
Product information presented in the webshop was collected on the basis of manufacturer information. Fahrzeugbedarf accepts no liability for the accuracy of this information or the suitability of the goods for a particular purpose.
5. final provision / place of jurisdiction
5.1. The place of performance for both parties to the contract is 2512 Tribuswinkel.
5.2. The exclusive place of jurisdiction for all disputes arising from a contractual relationship between Fahrzeugbedarf and the Customer and for all disputes concerning the existence of such a contractual relationship shall be the court with subject-matter and local jurisdiction for the Contractor (Mödling District Court or Wiener Neustadt Regional Court). However, the Contractor shall also have the option of taking legal action against the Customer before the places of jurisdiction that are possible and permissible for the Contractor.
5.3. All contractual relationships or other legal relationships between Fahrzeugbedarf and the customer shall be governed exclusively by substantive and formal Austrian law, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of law rules of the IPRG.
