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General Terms and Conditions (GTCs)

of E. u. M. Gasser & Co - Gasser Kerzen

clear statements before starting to work means for both parts certainty and security.

I. Scope of terms and conditions

Our GTCs are valid for all sales (especially of candles, goods of wax and accessories) from us to our customers.

Our GTCs are in general valid for all sales transactions unless they are changed on the base of special agreements with single customers or in case of special GTC e. g. for commission transactions. Special agreements are only valid if they are written.

II. Realization of a contract

The customer order is an binding offer. We are free to accept or reject orders within 14 days after receipt by sending the customer a corresponding document especially in cases of price increases occurred meanwhile or in case of errors in our product information material, price lists or any other information material. All liability on our site is excluded in case of such price increases or mistakes.

The acceptance of orders is confirmed latest within 14 days by a confirmation sent by post, fax, e-mail or through immediate delivery of the goods ordered.

In case that we do not send a confirmation or the ordered goods within 14 days after receipt of the order – what should not happen – the customer is not longer obliged to his offer or order and the business contract is not realized.

Sending of goods or agreed keeping goods in store for a customer is equal.

III. Pricing

In general goods are delivered on base of our valid price lists, contracts or offers. Prices in our pricelists, product information, contracts are without sales tax, transport costs or duties. Prices in our retail shop include sales tax.

The amount of invoice is payable immediately after receipt without deducting discount unless it is agreed. In case of delay of payment we charge 8 % interest on arrears.

In case of increasing raw material prices, taxes, or changes in exchanges rates fluctuations we reserve for ourselves the right to withdraw from a contract or to adjust prices with a delivery time longer than three month.

In case that the price increases of specific articles exceed more than 5 % of the prices agreed the customer has the right to withdraw form the contract regarding these specific articles. The contract remains valid for all other articles.

It is not allowed to settle our claims with counterclaims that may exist.

IV. Time of delivery

Depending on ordered quantity, amount in stock and availability we deliver within one to five days. In case that we deliver the goods to the customer the usual times of transport have to be added.

In case that the goods are not available we keep our customers as soon as possible informed. Claims against us because of non availability are excluded.

V. Costs of transport

Within Austria: up to a amount of invoice of Euro 500,00 transport is excluded. Orders with an amount of invoice more than Euro 500,00 are delivered free of charge. For acutal transport cost please look at www.post.at. All other costs of transport are given in our price lists.

Packing costs are charged on base of prime cost.

VI. Warranty and compensation for damages

May occur a defect through our fault we have the choice either to remedy the defect or to delivery a substitute. In case that we are not able to remedy the defect or to deliver a substitute the customer has the right in case of a severe defect to claim a price reduction or to withdraw from the contract. In case of a light defect only a price reduction is possible.

Sales to final consumers are subjected to warranty law.

We have liability for damages caused with intention or gross negligence except personal damage. Consequential harm caused by a defect as well a property damages to companies are excluded. Unless in cases of sales to private consumers the victim has to proof gross or ordinary negligence.

VII. Reservation of ownership

Our ownership is reserved until complete payment of the amount of invoice.

VIII. Special terms for final consumers

Sales to final (private) consumers are subjected to consumer protection act (Konsumentenschutzgesetz/KSchG). Private consumers have the right (§ 5 KschG) to withdraw from contracts that have been realized via telecomunication (via e-mail, fax, etc.) within seven working days unless one of the exceptions of § 5 KSchG is valid.

In case of a withdrawal the refund of the payment is realized step by step after receipt of the goods delivered – only under the condition that the goods are not used and saleable as new.

The costs of returning the goods are at the expense of the buyer. In case of damages to the products or in case customized products we have to charge an appropriate compenstation. This compensation is based on our costs of production.

IX. Final remark

All sales contracts realized with us are subjected to Austrian law. Place of fullfillment and juricediction is 9020 Klagenfurt.

In case that individual terms of this GTCs are contradictory to obligatory law all other terms remain vaild.

We are looking forward to a pleasant cooperation and common success.

E. u. M. Gasser & Co – Gasser Kerzen

 

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