|General Terms of delivery and payment
|You can also download our Terems of delivery and payment: Conditions.
a) These General Terms of Business (GTB) governing
product use, delivery and payment in the following
shall apply to the use of all web sites run by derkern.
at and to all deliveries related too goods made
available by means of telesales/orders to der-kern.at.
By using these web sites or, at the latest, by ordering
goods, the customer accepts these GTB.
b) For changes or collateral agreements to be valid,
they must be confirmed by der-kern.at Business
Management and shall be applicable to exceptional
business cases only. The rest of our staff has not been
authorized to make any changes or collateral
agreements regarding these GTB.
c) We expressly and fully reject any special provisions
made by the customer whatsoever.
d) In the event that individual clauses of the present
GTB become invalid, this will neither render the
remaining regulations ineffective or/nor any other
contracts based upon these. The contracting parties
will jointly agree to find a valid alternative that most
closely fulfills both content and purpose of the former
2. Contractual Relationship
a) Our offers are all subject to alteration. The
customer´s orders represent offers as defined by law,
to which the customer will be legally bound once the
grace period of three weeks is over. The contract
between ourselves and the customer will become
legally binding as soon as the customer has received
our order confirmation, delivery has been made or the
service(s) rendered. We are not required to send the
customer any more information in order to confirm his
b) We are entitled to accept and perform partial
c) Before we dispatch the customer´s order, the
customer will receive a list with all order items and
prices to make final corrections and confirm the
information provided therein. Upon placing an order
with us, you will receive an automatically produced
email confirming the receipt of order, which does,
however, not represent a proper order confirmation.
d) The customer should know that the internet does
not represent a secure medium of communication and
that data transferred via the internet may either
become known to or be changed by third parties. The
customer bears the risk of data either not being
delivered or being delivered differently from how it
was sent. We assume that the data that arrives here
has been sent as received from the customer.
a) Our prices include the normal Austrian VAT, but any
costs for shipping and handling, which will be listed
separately, are not included and will always depend on
the product ordered and its location. For deliveries
outside Austria, additional fees for import and export
costswill be charged.
b) The prices displayed on our web sites and in the
price lists are subject to alteration. We reserve the
right to change the information provided at any time.
Our prices represent current market prices until
further notice. The invoice will be in EURO.
4. Delivery and Time of Delivery
a) Delivery will be made at the risk and cost of the
customer (cf. section 3) to the address provided at the
time of order.
b) Quoted delivery dates are subject to change. If
delivery dates could not be kept, this will entitle the
customer to make use of the right to withdraw from
the contract only after an extension period of at least
two weeks. If we fail to meet the extension date, the
customer is entitled to withdraw from the contract.
c) Delivery time is prolonged by any circumstances
going beyond the contracting party´s intention to
deliver in due time in the event of: An Act of God, any
unforeseeable breakdown of services, interference by
authorities, delays owing to sluggish transport or
customs clearance, damage during transport,
rejections of important production components and
unforeseeable interruptions of services.
d) If partial deliveries are possible, they may also be
lawfully carried out. All partial deliveries count as
independent deliveries, for which we may invoice you
5. Import/Export and Customs Regulations
a) When placing an order, the customer must observe
the import and customs regulations of the respective
b) The customer bears the risk for all consequences
resulting from invalid goods dispatch abroad,
disregard of the import and customs regulations of
foreign countries (including transit regulations), wrong
or incomplete information given in the customs
declaration, the green customs slip or accompanying
papers, as well as for non-observance of the
applicable export regulations. This applies also to
damage in transit by warranty losses as a result of
goods not being replaced after confiscation by the
customs authorities of a foreign country. It is
incumbent on the customer to procure information
himself necessary for proper delivery of the goods(e.g.
the customer may contact the agencies abroad in the
countries of destination or transit, foreign trade
offices, Chambers of Industry and Commerce, etc.
regarding local regulations and practices.).
a) Notification of defects (the consumer will forfeit any
of his rights warranted by the Customer Protection
Law if he fails to indicate these in good time) should
be made upon receipt of delivery or as soon as these
defects are noticed. If the customer is an entrepreneur
as defined by the Customer Protection Law, he must
inspect the goods delivered or services rendered to
him immediately upon delivery as to their
completeness, correctness and any contingent faults.
We must be informed by the customer about any
faults in writing within 5 working days following a
proper examination of the goods delivered or services
rendered to substantiate any contingent customer
b) Claims for replacement deliveries - irrespective of
the legal grounds they are based upon - (especially
warranty, damage compensation, special right of
recourse) come under the statue of limitations within
the legal two-year warranty period upon delivery or
when the service(s) have been rendered. For
consumers as defined by the Customer Protection Law,
this period starts upon the detection of the fault.
c) In the event the customer finds a fault, he can
choose between correction and replacement. If these
services are not expedient, the customer can demand
an adequate reduction or change in price in
accordance with the current legislation. If we correct a
fault, this will be free of cost and we will not charge
you for any expenses incurred. However, we can ask
the customer to return the goods to us - if this is
expedient - at our risk and at our costs. The customer
is obligated to give us the opportunity to correct a
fault. Warranty is governed by current legislation.
7. Damage compensation
We do not assume liability for any damage irrespective
of the legal grounds it is based upon, in particular due
to delays, services rendered impossible, defective
performance, conditions prevailing upon signing the
contract, consequential fault damages, faults or
unlawful acts, caused by us or by persons for whom
we are responsible, due to slight negligence.
Customers, who are entrepreneurs as defined by the
Customer Protection Law must provide evidence that
we acted with gross negligence or intent. With
consumer contracts, personal injuries and damage
caused to goods that were accepted with the purpose
of processing these are excluded from the liability
exclusion. Expressly and by mutual agreement, we
wave any responsibility for warranty in the event of
8. Terms of Payment
a) Our invoices must be paid by prepayment before
the period of delivery begins.
b) For late payments, we will charge interest on arrears
at a rate of 5 % above the current base-rate of the
European Central Bank.
c) If the customer is late with his payment or any other
services he needs to provide, we are entitled
(irrespective of any other legal provisions) to withhold
our deliveries until the agreed quid pro quo has been
made. After an appropriate extension time has
elapsed, we have the right to withdraw from the
contract and claim damage for breach of contact. In
this case, the customer must return the delivered
goods to us without delay and at his own costs. We
reserve the right of claiming damage compensation
for depreciation, wear and tear, transport expenses
etc., while being entitled (if we withdraw from the
contract ourselves) to claim or retain 25 % of the
purchase price as a minimum contract penalty.
d) The customer obligates himself to pay adequate
compensation to fully cover our claims if he breaks his
contractual obligations. We will charge EURO 10,-- per
reminder and EURO 50,-- for keeping the customer up
to date with the costs he owes us. In addition, the
costs for collection agencies must be paid, up to the
maximum amount that can be charged by these
agencies, as well as any costs for legal advice in
accordance with the law regulating lawyer´s fees.
e) The customer can only offset any costs with us or
with connected undisputable or legally valid claims if
he is insolvent. Entrepreneurs as defined by the
Customer Protection Law may place a lien (right to
withhold) for such claims only.
9. Reservation of Proprietary Rights
We retain the exclusive title of the items supplied by
us without any restrictions until these items are paid
in full including any extra charges. Until that time,
these items are goods entrusted to the customer and
may neither be sold, loaned or given away for free.
The customer has no right to avail of these items
without our explicit permission and bears the full risk
for the goods entrusted to him, especially regarding
any risk of destruction, loss or detoriation.
10. Applicable law, place of performance, legal venue
a) The legal relationships with the customer are solely
based on the applicable Austrian Substantive Law to
the exclusion of the UN Convention on International
Sale of Goods.
b) Place of payment and performance for all
contractual obligations is our registered business
c) The legal venue for any disputes arising directly or
indirectly from this contract shall be the Austrian
Court which has "in-rem" and territorial jurisdiction
for the Viennese District 1020. If the customer is a
consumer as defined by the Customer Protection Law,
the venue shall be at this place only if he resides or
normally stays or works within this Court district, or
for the time he lives abroad. We are also entitled to
sue the customer at his legal venue.
11. Right to withdraw from Contract in accordance with
§ 5 e of the Customer Protection Law.
a) The customer, who is a consumer as defined by the
Customer Protection Law, can withdraw from a
telesales contract or a contractual declaration given
while ordering online or by telecommunication media
until the fixed periods of time listed below have
elapsed. It suffices if the cancellation is sent within the
cancellation period. The cancellation period is forteen
(14) working days excluding Saturday, which does not
count as a working day. The cancellation period for
contracts governing the delivery of goods starts upon
their receipt by the customer, and for contracts
regulating any services, it starts on the day when the
contract is concluded. If we have not complied with
our obligation of providing [relevant] information to
the customer as defined by § 5d, sections 1 and 2 of
the Customer Protection Law, the cancellation period
shall be three months from the times mentioned in the
previous section. If we fulfill our obligation to inform
the customer, the cancellation period, which has been
explained in the previous section, shall start from the
time we sent this information.
b) The customer has no right to withdraw from the
contract because of/regarding:
1. Services that were started as agreed with the
customer within seven working days (§ 5e section 2,
clause 1 of the Customer Protection Law).
2. Goods or services, the prices of which will develop
according to fluctuations on the financial markets,
which we cannot influence,
3. Goods manufactured to customer specifications and
tailored precisely to individual needs, which cannot be
returned for this very reason or because they might go
bad quickly or because their shelf-life would be
4. Audio or video recordings or software, if the
customer has broken the seals of these goods,
5. Newspapers, periodicals and magazines except for
contracts relating to periodical publications (§ 26,
section 1 Z 1 of the Customer Protection Law),
6. Betting and lottery services
7. Deliveries made to the door step or leisure time
services (§ 5c, section 4 Z 1 and 2 of the Customer
Protection Law). Thus, the customer has no right to
withdraw from the contract regarding products, which
can be ordered from der-kern.at internet web sites.
8. The delivery of foods and drink (as there is a risk of
manipulating these and because of their limited shelf
9. High delivery costs for deliveries abroad.
c) If the right to withdraw from the contract is exerted
in accordance with section a, we must
1. Reimburse the customer step by step for his
payments made as well as for all expenses required
2. The customer must return the received
goods/services (immediate costs for returning
goods/services must be paid by the customer as
agreed) and reimburse us adequately for their use and
pay an indemnity fee to compensate for the general
detoriation in value of the goods/services rendered;
accepting goods/services by the customer alone is not
deemed as value deterioration.
a) Deliveries and professed intentions must be made
to the valid address provided by the customer until
further notice of any address changes. Upon
conclusion of contract, the customer obligates himself
to fill in the form completely and correctly with all
data required. If the customer fails to provide correct
or complete information, he will be liable for the
expenses caused by this. In the event of other
compensation claims, the customer must inform us of
any changes regarding his name or permanent
address without delay. If the customer fails to provide
this information, any written notice sent to the
customer´s last address will be deemed as properly
b) A transfer of rights resulting from the Contract with
us to third parties will be subject to our written
13. Use of Web Sites
The customer is not entitled to use content, graphic
arts, source texts, offers, price information, logos,
company logos, trademarks, intangible rights or other
content displayed at der-kern.at web sites. The use of
der-kern.at web sites will be a the customer´s own
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