WEBSHOP TERMS AND CONDITIONS
of Anton Paar GmbH, Anton-Paar-Straße 20, 8054 Graz, Austria
Last changed: 15 March 2017
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSHOP. BY USING OUR WEBSHOP, YOU EXPRESSLY AGREE TO BE BOUND BY THIS DOCUMENT.
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1.2 By accessing our webshop and by registering and using your account, you (i) warrant that all the data entered is true, complete and correct; and (ii) confirm that you have carefully read and understood this Agreement and that you AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS TO THE EXCLUSION OF ANY OTHER TERMS OR CONDITIONS. You agree that you will use our website and webshop for lawful purposes only and in accordance with this Agreement.
1.3 You can save or print this Agreement. However, please note that your saved or printed version applies only to online purchases you make at that time. We may at any time and in our sole discretion change this Agreement. You are therefore required to always check for the latest version of this Agreement applying to your new online purchase order before you make your new online purchase order. (To assist you with this, you can check and compare the document date of the document you have with the document then available.) You find the latest version at shop.anton-paar.com/terms.
1.4 When registering for your account, you will be asked to enter details about you and a password. You agree to supply complete and updated information and agree to accept full responsibility for all activities occurring under your account. You must keep your webshop account details and your password confidential. By registering as a Business Customer; you further represent and warrant that:
(a) you are a lawfully operating business entity and are not acting as a consumer;
(b) you are permitted by the laws of your country to enter into this Agreement and to purchase the product(s); and
(c) your employees, officers, and/or agents accessing our webshop are duly authorized to do so and to legally bind you to this Agreement.
1.5 We may at any time and at our sole discretion refuse service, terminate account(s), or reject or cancel orders, if we have not accepted them yet.
2.2 You can contact us:
(a) By email at: firstname.lastname@example.org
(b) By telephone on: +43 (0) 316 257-0
2.3 The use of our published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited; offenders sending unwanted spam messages will be punished.
CONTENT OF THIS WEBSHOP
3.2 We reserve the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. All offers are non-binding and without obligation. We may remove or edit content from the webshop, extend, change or partly or completely delete parts of the pages or the complete publication including all offers and information without prior announcement.
4.2 Any duplication or use of any webshop or website content or parts thereof, whether or not expressly marked with a copyright notice, in other electronic or printed publications requires our prior written consent.
WEBSHOP TERMS OF SALE
6.2 You will initially receive an email confirming receipt of your online purchase order. This email is generated automatically and does not constitute acceptance of your order. If we accept your online purchase order, we will, within seven (7) days from our receipt of your order, send you an email confirming that we accept your order and/or providing information on the dispatch the ordered item. A purchase contract is only concluded if and when we accept your online purchase order. If we reject your order (which we may do at our sole discretion) you will not receive an order acceptance confirmation.
7.2 Payment can be made in Euro, US Dollar and Swiss Francs only. Payment shall be deemed to have been effected on the date at which the amount in question is at our disposal.
7.3 We accept the following payment methods:
(a) Credit cards: Visa, MasterCard, American Express,
7.4 If you chose to pay with your credit card, you warrant in each case that you are an authorized user of the credit card used to complete payment. You authorize us to charge your selected credit card, if we accept your purchase order. The card presented for payment must have a valid security code. We will initially obtain authorization for the relevant amount from your card company (this is sometimes referred to as ‘authorization hold’). You cannot split your payment between cards. In order to protect you and us from fraudulent transactions, we may provide relevant data related to the transaction to a reputable third party organization to perform address verification. (This is a check that the "bill to" address you provide matches your credit card address.)
7.5 You are not entitled to withhold or offset payment on the grounds of any warranty claims or other counterclaims.
8.2 All shipments outside of Europe will be made to you to the delivery address provided by you according to delivery term DDP (Incoterms 2010), meaning that we will take care of shipping, handling, packaging, insurance and import duty registration to the delivery address you provide, and does not include unloading or subsequent handling.
8.3 We will arrange for dispatch of the items you have ordered according to the delivery times set out in the webshop. We may dispatch items you have ordered in one or more parcel(s). Depending on your destination, typical delivery times are between one to ten days from dispatch. All dates and times are a mere estimate. We will inform you about the dispatch and the estimated delivery date of the item(s) by email. Unless expressly agreed otherwise, this delivery time only applies to orders in quantities corresponding to the typical needs of an average household.
9.2 Remedy. If a product is found to be defective during the warranty period, we shall remedy such deficiency, at our option and our cost, by (i) the repair or replacement the defective item or defective part thereof or (ii) granting a fair and reasonable price reduction. The warranty period for the repaired or replaced product shall run for the remainder of the initial warranty period. Any incidental costs and/or expenses, including but not limited to shipping, travel costs and accommodation, shall be borne by you. Replaced parts shall become our property.
9.3 Notice. The foregoing warranty obligations are conditional upon your duly notifying us in writing of any defect together with a sufficient description and proof of the defect, within the following periods:
(a) if a defect is apparent from first inspection, you must notify us of the defect within 10 days from the date of delivery of the respective item;
(b) if a defect is not apparent from first inspection, you must notify us of the defect immediately upon your discovery of the defect and within the warranty period set out in sub-clause 9.1.
9.4 Warranty limitations. Our warranty obligation does not extend to any defects due to (i) fair wear and tear; (ii) abnormal working or operating conditions beyond those referred to in the product specifications, including atmospheric discharges, excess voltage and chemical influences; (iii) your (or any user’s) negligence, willful misconduct, or failure to follow our instructions as to use of the products; (iv) assembly, installation, modification, alteration, service or repair work not undertaken by us or one of our authorized representatives; and (v) compliance or non-compliance with licensing requirements.
9.5 Exclusive remedy. This warranty shall be in lieu of all statutory warranty provisions. All other warranties or conditions (whether express or implied) as to quality, condition, description, compliance with sample or fitness for a specific purpose (whether statutory or otherwise) other than those expressly set out in this Agreement are excluded to the fullest extent permitted by law. If we are for any other reason legally obliged to perform warranty obligations, these obligations, the limitations and conditions set out in this Agreement shall apply to the fullest extent permitted by law.
10.2 The parties to this Agreement shall not be liable to each other for any indirect, special, consequential or punitive damages, nor for any loss of actual or anticipated profits, savings, business, down time or damage to goodwill.
10.3 Our liability for any and all claims, whether based on contract, tort, statute, indemnity or otherwise, arising out of or in connection with this Agreement are limited in their aggregate total to the value of the respective order. Any claims exceeding this limitation of liability are expressly excluded.
10.4 All claims must be brought before the competent courts within two years from the delivery, except in cases statutory law provides for a shorter period of limitation.
12.2 Irrespective of our other rights, we may cancel, in whole or in part, an order for the purchase of products or without any liability to you, if a) for reasons attributable to you, the delivery of the products is rendered impossible or delayed despite setting a reasonable grace period; b) the delivery is or becomes unlawful (unlawfulness may include, for example any embargo, sanction or other international requirement related to foreign trade or customs); c) the delivery is delayed for more than six months due to reasons set out in clause 11.
12.3 If insolvency proceedings are instituted against any contracting party or an application for insolvency proceedings against that party is not granted for insufficiency of assets, the other party may withdraw from the contract without allowing a period of grace.
12.4 Other consequences of the cancellation are excluded.
13.2 By making an online purchase order, you confirm that you are authorized to purchase and use the item(s) in and have them delivered to your home country and that you have any and all national and international certificates, licenses, permits, and/ or approvals which may be required from authorities or any third parties for these purposes.
14.3 You may request the information about your personal data stored and the source, recipient and purpose of the storage of such personal data. Further, you have the right to have such data corrected, clocked or deleted within and according to statutory provisions. Please enquire with us via mail or email at the contact data herein in such cases and also contact us, if you have any other questions or concerns or would like to suggest improvements.
15.2 You consent to receive agreements, invoices, notices and other information from us electronically and agree that such communication provided to you electronically will be valid as if provided in writing and satisfies any legal requirement that such communications be written, unless mandatory laws specifically require a different form of communication.
17.2 A reference to a particular statute, statutory provision or subordinate legislation is a reference to it as it is in force in Austria from time to time taking into account any subordinate legislation for the time being in force made under it.
17.3 All disputes arising out of or in connection with the present Agreement, your visit to our website or webshop or any item purchased by you through our webshop, shall be subject to the exclusive jurisdiction of the competent courts of Graz, Austria.
18.2 Should individual provisions (or parts thereof) of this Agreement be invalid, unenforceable, the other provisions shall remain in force. The invalid, unenforceable or illegal provision (or part thereof) shall be replaced by a valid, enforceable and legal provision with whatever modification is necessary to give effect to the commercial intention of the replaced provision (or part thereof).
18.3 A variation of this Agreement is only valid if expressly agreed between the parties. No failure or delay to enforce any provision of this Agreement shall constitute a waiver thereof or of any other provision, unless we expressly waive our right to enforce such provision in writing.
18.4 A person who is not party to this Agreement shall not obtain any rights under this Agreement. Liability limitation(s) contained in clause 10 and the time limit for the assertion of claims also applies for the benefit of our employees, officers, agents, subcontractors and suppliers.
18.5 You must not without our prior written consent assign, transfer or charge rights or any part of them under this Agreement or subcontract any or all of your obligations under this Agreement.