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1. |
Conclusion of a sales contract via e-mail : |
|
1.1 |
the ordering party - a private - a company, etc. in
following defined as the buyer - orders goods by e-mail from
: |
|
1.2 |
comp. F. PAKFEIFER AUTO-TUNING / Wallensteinstrasse 61-63 /
A - 1200 Vienna / Austria, in following called : the seller.
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|
1.3 |
The parties : seller and buyer agree to accept these general
terms as "part and parcel " of the sales contract - however
the client ( buyer ) was informed about the product.
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|
2.
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Order and delivery :
the client ( buyer )
orders the goods offered by comp. F. Pakfeifer (seller ) via
e-mail. The seller starts delivery immediately after payment
by credit card clearing, receipt of a check, payment in
advance etc. In case of delay in delivery the seller has to
inform the buyer in written form and both parties are
authorised to withdraw the sales contract. |
|
2.1 |
In case of any defect or error the seller F. Pakfeifer will
be allowed to draw back and cancel the present sales
contract. The seller F. Pakfeifer has to inform the buyer
(client ) in written form and is obliged to pay back the
money to the buyer ( client ). |
|
2.2 |
The sales contract comes in
force after payment through the buyer by credit card
clearing and will be fulfilled after realisation ( delivery
) through the seller F. Pakfeifer. |
|
2.3 |
The seller is not obliged to issue a " declaration of
acceptance " after receipt of an order from the buyer (
client ). But the seller F. Pakfeifer declares to inform the
buyer ( client ) after receipt of payment about the terms of
delivery, shipping note etc. |
|
2.4 |
Delivery of the goods goes on
risk of the buyer ( client ) ex warehouse Vienna. The buyer
( client ) will be charged with a share of the
transportation costs, added to the total of invoice. Any
other costs on side of the buyer ( client ) e.g. custom
fees, taxes etc. will be duty of the buyer ( client ).
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|
3. |
Cancellation of a sales contract : |
|
3.1 |
any withdraw from a valid sales contract by the buyer (
client ) must be accepted in written form by the seller F.
Pakfeifer. In this case the buyer ( client ) must send back
the goods instantly on his own costs.Refunding of money will
take place after receipt of the goods, checking of condition
etc. as soon as possible. |
|
3.2 |
The address for goods to be
sent back : F. Pakfeifer / Wallensteinstrasse 61 /A - 1200
Vienna / Austria - Telefax ( Austria - ) 1 330 07 86.
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|
4. |
Prices : |
|
4.1 |
currency of the prices mentioned on the homepage of the
seller F.Pakfeifer will be defined clearly, e.g. US-$, Euro
etc. If the seller F.Pakfeifer offers a price or special
feature of an article incorrect by mistake he will be
authorised to change this by informing the buyer ( client )
in written form. The buyer ( client ) can accept the change
and confirm the new conditions or cancel the present
sales contract. |
|
4.2 |
Those prices mentioned on the homepage of F. Pakfeifer are
just valid for sales via e-commerce and do include the
Austrian sales tax. |
|
5. |
Warranty : |
|
5.1 |
the seller F. Pakfeifer guarantees the correct quality and
state of the goods when they are packed for shipment. The
buyer ( client ) is obliged to check the state of the goods
after receipt and to inform the seller F. Pakfeifer in
written form of any defects or claims within 3 days.
|
|
5.2 |
In case the delivery will be
incomplete or any other defect was discovered, the seller F.
Pakfeifer will send the missing parts as soon as possible to
the buyer ( client ). Whenever the subsequent delivery will
not be successful in a reasonable period the client will be
allowed to withdraw from the present sales contract ( see
article 3 ). |
|
5.3 |
The seller F. Pakfeifer
guarantees only for the quality and attributes of the goods
as far as the producer guarantees. Any other features
must be defined exactly in the media used for offering (
e-mail or other ). |
|
5.4 |
Period of warranty is one year, beginning with the day of
shipment. |
|
5.5 |
There is no guaranty for parts used or damaged by the buyer
( client - workshop etc.) |
|
5.6 |
In case the local authorities
will ask for technical test, homologation etc. this is on
responsibility of the buyer ( client ). |
|
6. |
Data protection : |
|
6.1 |
Knowledge of credit card
numbers of the buyer ( client ) well be kept confidentially
by F. Pakfeifer. All other data are used just for
handling this certain and are no object of special
restrictions. |
|
7. |
Governing law and jurisdiction : |
|
7.1 |
the buyer ( client ) agrees to
accept the laws and jurisdiction of the Republic of
Austria. Any lawsuit will be prosecuted at the trade court
in Vienna / Austria. |
