GENERAL TERMS AND CONDITIONS OF BUSINESS

Scope

(1) The following terms and conditions are an integral part of every contract between VABO-N GmbH, Inkustrasse 1-7/8/DG, 3400 Klosterneuburg, Austria, represented by the managing directors Mr. Martin Dvoracek and Ms. Nina Dvoracek, resident there (hereinafter: VABO-N) and the Customer.

(2) VABO-N provides its services exclusively on the basis of these terms and conditions.

Conclusion of contract

(1) The presentation of the goods, in particular on the Internet, does not yet constitute a binding offer by VABO-N.

(2) The Customer may select from the offer at will and place goods in the shopping cart by means of a link “Add to cart”. The customer can empty the shopping cart at any time by setting the number of selected products to “0”. The changes can be made using the mouse and keyboard. By clicking the “CHECK OUT” button, the customer will be redirected to a page where he can register as a customer, if he does not have any access data yet, or log in as an existing customer. For this purpose, a user name including password as well as the contact data are entered. After successful registration and confirmation of the delivery address, the ordering process is completed by pressing the button “PLACE ORDER”. By sending the order, the customer makes a binding offer to purchase the goods in the shopping cart and accepts these GTC. The receipt of the order is displayed to the customer immediately after completion of the ordering process. We store your order and the order data entered by you.

(3) The customer will be informed about the receipt of the order by e-mail. This is not a binding acceptance of the order. The contract is concluded only with the dispatch of a separate delivery confirmation by e-mail or with the shipment of the goods.

(4) The language used for the conclusion and execution of this contract is German, English or Italian.

Privacy policy

(1) Personal data is only collected if the customer provides it voluntarily during the ordering or registration process. By filling in and submitting a web form for ordering purposes, the customer transmits personal data to VABO-N.

(2) VABO-N uses the data provided by the customer (title, name, address, e-mail address, telephone number, fax number, bank details) in accordance with the provisions of the applicable data protection law. In this respect, VABO-N only collects, stores and processes data provided by the customer in the context of his entries in the form and, in particular, does not create any user behavior profiles.

(3) We would like to point out that cookies are used for the purpose of simplifying the shopping process and for subsequent contract processing via the web store, which stores the IP data, as well as the name, address and payment data of the buyer.

(4) For the purpose of the fulfillment of the contract, namely the delivery, the personal data of the customer will be forwarded to the carrier, insofar as this is necessary for the delivery of the goods. The Freight Forwarder is also obliged to use the Customer’s personal data exclusively in accordance with the provisions of the applicable data protection law.

(5) In addition, the following data will be transmitted for the purpose of contract processing, credit card data or bank data to the processing banking institutions / payment service providers for the purpose of debiting the purchase price, as well as to our tax advisor to fulfill our tax obligations.

(6) After cancellation of the purchase process, the data stored by us will be deleted. In the event of the conclusion of a contract, all data from the contractual relationship will be stored until the expiry of the retention period under tax law (7 years).

(7) The data name, address, purchased goods and purchase date will be stored beyond that until the expiry of the statutory product liability. The data processing is carried out on the basis of the legal provisions of § 96 para 3 TKG as well as Art 6 para 1 lit b necessary for the fulfillment of the contract of the DSGVO.

(8) According to the applicable data protection law, the customer has a right to free information about his stored data and, if applicable, a right to correction, blocking or deletion of this data. Corresponding requests for information can be addressed to the e-mail address support@vabo-n.com. If the personal data stored about the customer is incorrect, the data will be corrected immediately upon notification by the customer.

(9) Beyond the aforementioned data protection declaration, all personal data of the customer transmitted to VABO-N shall not be made accessible to third parties without the customer’s separate written consent, unless this has to be done due to legal or official orders.

Delivery conditions/delivery costs

(1) Unless otherwise agreed in writing, delivery shall be ex warehouse. If the customer is a consumer, the shipping risk shall be borne exclusively by VABO-N. If, on the other hand, the customer is an entrepreneur, the risk shall pass to the customer as soon as VABO-N has delivered the item to the forwarding agent or to the person or institution otherwise designated to carry out the shipment.

(2) Delivery shall be made within 8 working days, working days being Monday to Friday, excluding public holidays. The period begins with the conclusion of the contract.

Terms of payment

(1) Both corporate and private customers can pay by credit card (VISA, MasterCard), electronic direct debit (“eLV”) (exception Switzerland. Here only credit card is possible) or PayPal. Payment by credit card and “eLV” is made immediately. VABO-N undertakes to use the credit card number including expiration date exclusively for the purpose of payment collection and to store it only for this purpose. If the case arises that there is no sufficient credit card coverage, the order is invalid from the outset. By selecting the above payment method, the customer agrees to the transmission of data to mPay24 and the implementation of an amount reservation.

(2) All prices are inclusive of the statutory value added tax.

(3) In the event of a delay in payment by a customer, even if the customer is not at fault, the customer undertakes to pay the reminder charges incurred, as well as interest in the amount of 12.5% p.a.. Subsequently, a collection agency is commissioned with the debt collection. In addition to the aforementioned costs, all costs incurred by the collection agency and charged to us, the maximum amount of which is determined by the Ordinance on the Maximum Rates for Collection Agencies (BGBl No. 141/96), shall then also be borne by the customer who is culpably in default of payment, insofar as these costs are reasonable and necessary for the appropriate prosecution. Payments are first applied to interest and costs. The customer is hereby expressly informed that in the event of his default in payment, VABO-N Ltd. will transmit his name (including previous names), gender, address, occupation, open balance and reminder data to the trade credit registry as well as to collection agencies authorized to collect debts in accordance with § 8 para 3 DSG 2000.

Retention of title

The goods remain the property of VABO-N until full payment.

Warranty

(1) With regard to the warranty, the statutory provisions shall apply.

Cancellation policy

Right of withdrawal
As a consumer, you have the right to revoke this contract within fourteen days without giving any reason. The period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must,
VABO-N Ltd.
Inca Street 1-7/8/DG
3400 Klosterneuburg
Austria
Phone: +43/2243/25511
E-mail: support@vabo-n.com

by means of a clear statement (eg a letter sent by mail or e-mail) about your decision to revoke this contract. To meet the deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for testing the quality, characteristics and functionality of the goods.

Limitation of liability

(1) With the exception of injury to life, body and health, VABO-N shall only be liable for damages that are attributable to intentional or grossly negligent conduct. This also applies to indirect consequential damages, such as loss of profit in particular.

(2) Except in the case of intentional or grossly negligent conduct or in the case of damage resulting from injury to life, limb or health, liability shall be limited to the damage typically foreseeable at the time of conclusion of the contract and otherwise to the amount of the average damage typical for the contract. This also applies to indirect consequential damages, such as loss of profit in particular.

(3) The limitations of liability in paragraphs 1 and 2 shall also apply mutatis mutandis in favor of the employees and vicarious agents of VABO-N.

(4) Claims for liability based on the Product Liability Act shall remain unaffected.

Final provisions

(1) The law of the Federal Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Consumers with habitual residence abroad may also invoke the law of the country in which they are domiciled, irrespective of the specific choice of law.

(2) The place of performance shall be the registered office of VABO-N, provided that the customer is a merchant.

(3) For any disputes arising from this contract, the court exercising commercial jurisdiction in Korneuburg shall have jurisdiction, provided that the customer is a merchant.

Delivery and shipping costs

(1) Shipping costs Austria, Germany and Switzerland
Shipping costs in Austria, Germany and Switzerland are included in the total price. For autoship orders, the handling fee of € 6 is waived.

(2) Packing
All packaging materials can be disposed of in public collection containers.

*All prices are inclusive of the currently applicable sales tax