a. All offers and deliveries are subject exclusively to our following terms and conditions of sale, which the customer accepts when placing an order. Our terms and conditions shall also apply if we make a delivery to the customer without reservation in the knowledge of deviating terms and conditions of purchase of the customer. Terms and conditions deviating from ours shall only apply if we have agreed to their validity in writing.
b. Our terms and conditions of sale apply to entrepreneurs and consumers. They shall also apply to all future business transactions with the customer. If, in business transactions with a consumer, the Consumer Protection Act prescribes a mandatory provision that deviates from these Terms and Conditions, this provision shall take precedence. However, the remaining provisions of these Terms and Conditions shall remain in force.
c. Reference to data protection law: Anima Mundi HandelsgmbH. records data of buyers and interested parties in files and processes them. These data will not be disclosed to third parties.
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The automated confirmation of the order in the online store and by e-mail does not constitute acceptance of the order. The order is accepted by delivery of the ordered goods or, in the case of a longer delivery period or pre-orders, by sending an order confirmation by e-mail or post. The condition for an effective conclusion of the contract is always that the ordering process is completed with the sending of the order.
Unless otherwise stated, all prices are net prices and apply ex warehouse plus freight and statutory VAT.
Payment for new customers (1st-3rd order) is in any case in advance, cash on delivery, direct debit or cash. The choice of payment method is incumbent on the customer. From the fourth order on, the terms agreed between the customer and Anima Mundi HandelsgmbH. apply. If in this case no terms of payment have been explicitly agreed upon, invoices are due immediately upon receipt.
a. The goods remain the property of Anima Mundi HandelsgmbH until full payment of all claims, including those arising in the future.
b. In the event that the customer acts in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the delivered goods. The taking back of the delivered goods by us does not constitute a withdrawal from the contract, unless we have expressly declared this in writing. The seizure of the delivered goods by us shall always constitute a withdrawal from the contract. After taking back the delivered goods, we shall be entitled to dispose of them; the proceeds of such disposal shall be credited against the customer's liabilities, less reasonable costs of disposal.
c. The customer is obligated to handle the delivered goods with care; in particular, he is obligated to sufficiently insure them at replacement value against fire, water and theft damage at his own expense. If maintenance and inspection work is required, the customer must carry this out in good time at its own expense.
d. In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can file an action for ownership. Insofar as the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action, the customer shall be liable for the loss incurred by us.
e. The customer shall be entitled to resell the delivered goods in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim accruing to him from the resale against his customers or third parties, irrespective of whether the delivered goods have been resold without or after processing. The customer shall remain authorized to collect this claim even after the assignment. Our authority to collect the claim ourselves shall remain unaffected. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no petition in bankruptcy or composition or insolvency proceedings has been filed or payments have not been suspended. If this is the case, however, we may demand that the customer inform us of the assigned claims and their debtors, provide all information required for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment.
f. We undertake to release the securities to which we are entitled at the request of the customer to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released shall be incumbent upon us.
a. Unless otherwise stated in the order confirmation, delivery ex works is agreed. Delivery shall always be made at the risk and for the account of the recipient. Unless otherwise agreed, we reserve the right to choose the mode of transport.
b. Sales packaging marked with the green dot can be disposed of via the ARA system.
a. The customer's rights in respect of defects presuppose that the customer has properly fulfilled its obligations to inspect the goods and give notice of defects.
b. Claims for defects shall not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear or in the case of damage arising after the transfer of risk as a result of faulty or negligent handling or excessive strain not assumed under the contract, and in the case of non-reproducible defects. If improper modifications are made by the customer or by third parties, there shall also be no claims for defects for these and the resulting consequences.
c. The customer shall immediately notify us in writing of any material defects. In the event of notices of defects, payments by the customer may be withheld to an extent that is in reasonable proportion to the material defects that have occurred. The customer may withhold payments only if a notice of defect is asserted about whose justification there can be no doubt. If the notice of defect is unjustified, we shall be entitled to demand reimbursement from the customer for the expenses incurred to us.
d. All products which show a material defect within the limitation period shall, at our discretion, be repaired or replaced free of charge, provided that the cause of the defect already existed at the time of the passing of risk.
e. We shall first be given the opportunity to remedy the defect within a reasonable period of time. If the subsequent performance fails, the customer may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
f. The expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor and material costs, shall be borne by us, unless they are increased by the fact that the object of the delivery has subsequently been taken to a place other than the customer's branch office or the agreed place of performance.
Claims for defects shall become statute-barred after 12 months, calculated from the transfer of risk. This shall not apply insofar as the law mandatorily prescribes longer periods, as well as in cases of injury to life, body or health, in the event of an intentional or grossly negligent breach of duty on our part and in the event of fraudulent concealment of a defect. The statutory provisions on suspension of expiry, suspension and recommencement of the periods shall remain unaffected.
a. We shall be liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence on our part or on the part of our representatives or vicarious agents. Otherwise, our liability for damages shall be limited to the foreseeable, typically occurring damage. The same applies if we are accused of violating essential contractual obligations.
b. Liability for culpable injury to life, limb or health shall remain unaffected, as shall mandatory liability under the Product Liability Act.
c. Unless otherwise stipulated in these terms and conditions, our further liability and that of our employees, representatives and vicarious agents shall be excluded, irrespective of the legal nature of the asserted claim. This applies in particular to claims for damages due to other breaches of duty or due to tortious claims for compensation for property damage.
The customer's right of recourse against us shall only exist to the extent that the customer has not entered into any agreements with its purchaser that go beyond the statutory claims for defects.
We reserve the right to make product changes in the interest of quality improvement, as well as price changes due to changes in purchasing costs and errors in descriptions and prices.
a. The place of performance and exclusive place of jurisdiction for legal disputes arising from or in connection with our deliveries shall be Vienna.
b. The law of the Republic of Austria shall apply, the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
