Terms of service
WSI Trading Gmbh Terms and conditions
§ 1 Scope
(1) These terms and conditions apply to all businesses between WSI Trading GmbH and their customers, as defined at the time the contract was amended.
(2) Our terms and conditions apply exclusively. Opposing or deviating from our terms and conditions of the customer will not be recognized unless WSI Trading GmbH has approved them in writing in individual cases.
§ 2 Registration
(1) Any order for goods is subject to prior notification ahead of you as a customer at WSI Trading GmbH. A multiple registration under different names or addresses is prohibited. With the successful completion of the registration process the customer by WSI Trading GmbH is admitted to the system.
(2) The approval may at any time by WSI Trading GmbH and may be revoked without giving reasons. WSI Trading GmbH is entitled in this case, to block the user name and password immediately.
§ 3 Conclusion of Contract
(1) The sale of goods takes place only in small quantities. The representation of the range of Hafner IPS, accessible via the Internet on computers, is not an offer within the meaning of § § 145 et seq dar.
(2) When the customer sends an order by e-mail to Hafner IPS, he makes an order within the meaning of § 145 BGB from. The customer receives a confirmation of order receipt by e-mail. For possible errors in the information on the website WSI Trading GmbH will notify the customer separately and may submit a counter offer.
(3) The contract with Hafner IPS is closed when WSI Trading GmbH accepts this order. Acceptance is subject to the availability of the goods or services ordered. The declaration of acceptance by WSI Trading GmbH to the customer is not required, the customer waives as defined in § 151 p.1 BGB. If WSI Trading GmbH cannot accept the offer of the customer, the customer will be informed of this in electronic form.
§ 4 Delivery, shipping costs
(1) Hafner IPS will deliver the ordered goods to the customer in the order specified address immediately. WSI Trading GmbH is also entitled to partial deliveries.
(2) Delivery is to the case by case stated shipping costs. All risks of transport are transferred to the customer as soon as the product of Hafner IPS are passed to the logistics contractor.
(3) Information on the estimated delivery time is not binding, unless WSI Trading GmbH has granted these to the customer, in a particular case, in form of a written commitment.
§ 5 Retention of title
Until complete settlement of all claims against the goods delivered to the customer by WSI Trading GmbH, the goods remain the property of WSI Trading GmbH.
§ 6 Maturity and Payment
(1) WSI Trading GmbH only accepts the payment methods displayed during the ordering process of the customer.
(2) The purchase price and any applicable order fees and / or shipping costs are due upon conclusion of the contract.
(3) If the customer is in default, WSI Trading GmbH is entitled to demand default interest in the amount of 5% above the respective base interest rate. The right of WSI Trading GmbH to claim higher damages remains unaffected.
(4) The customer is only entitled to offsetting if and insofar as his counterclaims are legally established, undisputed or acknowledged by WSI Trading GmbH.
§ 7 Right
(1) The customer is entitled to revoke his intention to conclude the contract within one month after receipt of the goods in writing (eg letter, e-mail) or by returning the goods to WSI Trading GmbH. For the preservation of the deadline, the timely dispatch of the goods is sufficient. The customer bears the burden of proof for the dispatch of the goods to be returned.
(2) In the case of an effective cancellation, the customer is obliged to return the goods received. If the customer cannot wholly or partially return the goods received, or only in a deteriorated condition, the customer has to, in the event of his revocation, replace the corresponding depreciation of WSI Trading GmbH. If the customer has already paid the purchase price, WSI Trading GmbH is entitled to deduct the impairment from the repayment amount. In individual cases, the impairment may correspond to the purchase price paid.
(3) The cost of returning goods from an order value up to € 40.00 shall be borne by the customer, unless the delivered goods or services do not match those ordered.
(4) In return, WSI Trading GmbH pays back a possibly already paid purchase price to the customer in case of an effective cancellation. Returned costs paid by WSI Trading GmbH acc.
Par. 2 HS 1 are deducted. For payments abroad, the transfer fees are deducted. Until complete return of the goods, WSI Trading GmbH makes use of its right of retention.
(5) The right of withdrawal is excluded in contracts (a) on the supply of chocolates or other perishable goods; b) the delivery of newspapers, magazines and glossy’s; c) the supply of audio or video recordings or software, if the delivered data carriers have been unsealed by the customer; d) the delivery of goods made to customer specifications (eg personalized goods); e) about the delivery of import articles, which are marked as such in the detail view.
f) the supply of goods in countries out of the EU
For the rest, § 312 Abs. 4 BGB applies.
(6) In the case of the exclusion of the revocation and the return of the goods in accordance with § 312 d Abs. 4 BGB and § 7 paragraph 5 of our Terms and Conditions, the purchaser has to pay the cost of the re-dispatch of the goods to him.
§ 8 Liability for defects
WSI Trading GmbH will be responsible for defects that exist during the delivery of the goods during a warranty period of twenty-four months in accordance with the following rules.
(1) The customer will notify WSI Trading GmbH immediately in written form about any defects that may occur. If there is a defect for which WSI Trading GmbH is responsible, WSI Trading GmbH will eliminate this at the option of the customer through repair or replacement.
(2) If the defect removal or replacement delivery fails, WSI Trading GmbH is not willing or able to do so, or if it is delayed beyond reasonable deadlines for reasons for which WSI Trading GmbH is responsible, then the customer is entitled, without prejudice to any claims for damages, to withdraw from the contract or demand a reduction of the purchase price.
§ 9 addresses
(1) Business address:
WSI Trading GmbH
Eugen-Getzner Strasse 7
6710 Nenzing, Austria
(2) The return address for delivered goods can be found on the delivery note
§ 10 Data Protection
WSI Trading GmbH undertakes to protect the privacy of all persons who shop in the shops operated by WSI Trading GmbH and treat the personal data confidentially. The basis for this are the applicable legal provisions, such as the Federal Data Protection Act (BDSG) and the Telecommunications Act.
§ 11 Liability
(1) WSI Trading GmbH is liable without limitation for intentional or grossly negligent damages caused by fraudulent concealment of defects, assumption of a guarantee of quality, for claims based on the Product Liability Act as well as personal injury.
(2) WSI Trading GmbH shall only be liable for other damages if a duty is violated whose compliance is of particular importance for the purpose of the contract (cardinal duty) and if the damage due to the contractual use of the goods is typical and foreseeable.
(3) In such a case, the liability is limited to an amount equal to twice the purchase price paid under this contract. (4) Any further liability, in particular for damages which are not incurred on the goods themselves, for loss of profit or other pecuniary loss of the customer, is excluded.
(5) The reseller is solely responsible for the distribution, marketing and any patent provisions, in the regions managed by him, for the goods purchased from WSI Trading GmbH. WSI Trading GmbH assumes no guarantee or liability for this!
(6) Any resale of goods purchased from WSI Trading GmbH to the USA or Canada is prohibited. WSI Trading GmbH disclaims all liability and the reseller, who has sold and delivered the goods to these two countries USA or Canada, is liable for all legal consequences.
§ 12 Final provisions
(1) This contract is subject to Austrian formal and substantive law to the exclusion of the rules of international private law (IPRG and EVÜ) and UN sales law.
(2) The exclusive place of fulfillment, jurisdiction and choice of law in the bilateral entrepreneurial business is the seat of WSI Trading GmbH, whereby WSI Trading Gmbh is also entitled to assert its rights with any other local and relevant court.