General Terms and Conditions
1. Preamble
The present General Terms and Conditions ("GTC") relate to all activities which are established within the framework of
the legal contractual relationship between Handelshaus Laszlovari-Thoma e.U, St. Peter Hauptstraße 181. 8042 Graz, ("Seller"), and the Client respectively.
2. Validity
As regards the business relations, the general terms and conditions apply to the contractual at the time of entering the contract. The conditions which differ from these and are imposed by the client are invalid, except in case the Seller has agreed to the validity of those terms in writing.
3. The subject of performance
The Seller is a merchandiser of products with bullet-proof effect.
His task is limited to the acquisition of the necessary special raw materials, their case-by- case installation,and their logistical acquisition respectively. During the course of this the Seller relies on his supplier with qualification ISO GB/T19001-2016/ISO 9001:2015 whose products are used by military units and law enforcement forces. Despite this, given the countless possible circumstances, it cannot be guaranteed, that the products provide certain security in the interest of the avoidance of life-threatening wounds.
4. Quote and conclusion of the contract
All the quotes of the online-shop are non- obligatory, which means, that the Seller is only obliged to deliver to the Client, in case the Seller has accepted the order of the Client.
By clicking the "obligatory buy" button, the Client submits an obligatory quote to conclude a sales contract with the Seller. The Seller is under no obligation to accept this quote.The Client is obliged to uphold his offer for two days.
The Seller confirms the order placed by the Client for the selected product via the online shop, by sending a message to the e-mail address designated by the Client. (Order confirmation).This e-mail does not yet mean that the order of the Client has been accepted.
The Seller may accept buyer's quotes by sending another email (Commission confirmation),and also by sending the ordered product to the Client.
5. Delivery costs
The indicated prices of the products in the webshop include the all time delivery costs.
6. Delivery time
The goods advertised in the webshop, and the materials used for their production come in part from foreign export. The acquisition period of these may differ, so the exact time of delivery cannot always be determined. However, based on general experience the deliveries can always be performed within one month. The Seller is always gladly at the disposal of the Buyer for clarification.
The Seller has the authority to also deliver the orders in parts, if necessary. In this case, the additional delivery costs which have arisen are to be paid by the Seller.
7. The obligations of the client
The Client is obliged to provide true and full informations during the existence of the business relationship, and update his data if necessary. These must be managed confidentially and be protected from access by unauthorised persons.It is prohibited to transfer the access data to a third party. In case that the client suspects abuse,he must inform the Seller without delay.
8. Payment modalities
The prices shown in the online shop are in Euros, and include all taxes and delivery costs. Prices shown at the time of delivery apply to all-time orders.
Before finalising the order the Seller notifies the buyer again about the prices, taxes, and the delivery costs.
The accepted payment modalities in the webshop are shown on the "Payment modalities" sub-page.
The receivables of the Seller are due after the issue of the invoice. In case the receivables are not paid within 14 days in accordance with the law the Seller may charge a yearly 4% interest of late payment fee. The Seller may charge further 25 Euro fee per collection letter.
9. Ownership right
All delivered products remain the property of the Seller until the Buyer has paid the sale price in full.
10. Withdrawal from the contract
The withdrawal right is valid in case that the Client qualifies as a consumer on the basis of §1 Abs 1 Z 2 KSchg.
This right of withdrawal expressly loses its validity when the product was modified at the request of the buyer, or it was unambigously tailored to his personal needs.
The client has the right to withdraw his contractual declaration without justification, or to withdraw the already concluded contract within 14 days without justification if the contract was concluded electronically. The 14 days of withdrawal period counts from the day on which the client or the third party named by the client, who does not function as a carrier,takes possession of the product. To exercise the right of termination, the client has to inform the Seller about his decision to withdraw from the contract in a statement( eg: by mail or e-mail). For this purpose, the Client can also use the withdrawal form accessible on the following link: https://www.ris.bka.gv.at/ GeltendeFassung.wxe? Abfrage=Bundesnormen&Gesetzesnummer= 20008 847 (Annex I. B.)
In order to keep the cancellation deadline, it is sufficient if the Client sends the notice about the exertion of the withdrawal right before the expiry of the cancellation period. In case the Client terminates his contractual statement or an already concluded contract, and the Seller has already received the price of the product from the Client including the delivery costs, (with the exception of those surplus costs which were requested by the client and result from a delivery method that is different from the normal or free delivery method offered by the Seller),must be refunded without delay, but within 14 days at the latest from the day that the Seller has received the notice about the termination of the contract.
For the refund the Seller will use the same payment method which the Cleient has also used during the original transaction.
The client must immediately and in each case must return the product to the address of the Seller within 14 days at the latest, or it has to be handed over counting from the day when the client informed the Seller about the termination of the contract. The deadline is to be regarded as expired in case the client returns the product prior to the expiry of the 14 day period. In this case the cost of refund is borne by the client.
11. Performance failure
The Seller cannot be held liable if he cannot meet his obligations undertaken in the contract due to circumstances for which he, or his deputy representaive is not responsible. This holds good among others for the lack of energy or telecommunication services or a vis maior.
12. Responsibility,indemnity, warranty
The responsibility of the Seller based on negligence is excluded. His responsibility extends exclusively to the sale price of the concerned products.However, this does not hold good for damage caused deliberately. This limitation of responsibility is not valid for personal injuries.
The Seller emphasizes,that he cannot guarantee, that the products will safeguard the client from severe injuries in the event of a firefight.
The Seller undertakes no responsibilty for this, due to the several unpredicatable circumstances.
13. Inclusion of sub-contractors
The Seller may make use of the services of sub-contractors in order to meet his obligations under the terms and conditions of this contract.
14. Protection of data and business confidentiality
Forwarding of data and information for the business partners concerned is allowed in the necessary extent in order to fulfill the contractual relationship.
In the contrary case the Seller and the client are mutually obliged to keep the circumstances and informations about the other secret, of which they have learned because of their present business relationship, with particular regard to data secrecy.
These data and business secrecy obligations are also valid beyond the contractual relationship. The Seller and the client undertake further, to draw the attention of their employees, and representatives to this and to educate them about this.
15. The changes in the general terms and conditions of the contract
The Seller has the right to change his present conditions at any time.In this case the Seller informs the client about the changes by sending notification about the changed conditions by email to the last known address of the client.
16. Court of competence and applicable law
This contractual relationship is based on Austrian law. The UNO convention(UNO- law)and the application of reference standards are excluded. The contracting parties agree, that the Provincial Court of Graz is competent in matters of trade. In case the client's consumer or domicile or his usual place of stay is domestical, or he is employed domestically, then the client can only be sued in courts around the district of which his domicile, usual place of stay, or his workplace is located.
We draw the attention of the possibility of settling a dispute out of court through an online platform:(Art. 14 Abs 1 S 1 ODR-VO) (https://ec.europa.eu/consumers/odr/main/ind ex.cfm?event=main.home2 .show & Ing = DE) and there are also the international consumer mediation bodies.
17. The duration of the contractual legal relationship
The contractual relationship with the client starts with the conclusion of the contract and given the special purpose it ends with the complete mutual fulfillment of the services the contracting parties have agreed upon.
18. Remainders
In case part of these conditions lose their validity, Amennyiben ezen feltételek it does not influence the validity of the remaining conditions.The overruled condition will be replaced by a valid conditions which is as close as possible from an economic point of view to the will of the contracting parties recorded in the contract.
The change and amendment is valid only in case if it is established or marked respectively in writing.
The Seller recommends that the client permanently keep The General Terms and Conditions.
(Austria, Graz, 05. 11.2020.)