Terms & Conditions of 20.04.2006
I. VALIDITY
The deliveries, services and offers of our company take place according to these terms and conditions; we do not recognize terms and conditions of our customers differing from our terms and conditions, except if we would give our explicit consent to them. Actions in order to fulfil contracts from our side are therefore not to take as consent to contract terms differing from our terms and conditions. These terms and conditions apply as outline agreement even for all future legal transactions between the parties of the contract.
II. CONCLUSION OF AN ORDER AND WITHDRAWAL
The bill of sale will take place if Drinkomat ® confirms the order orally or in writing. For new customers this will always be in writing. Every order will be answered as soon as possible by refusing or confirming it. Orders placed outside the regular business hours will be answered on the next working day at the latest and the articles will then be dispatched if they are on store. Drinkomat ® reserves the right to deliver to new customers only after getting a payment confirmation by our bank or the actual payment solution provider. There is also the possiblity to pay cash on delivery, whereas there is an extra fee of about 5.- € to pay. If the articles are not on stock the customer will get a notification and the order will be dispatched as soon as the articles are available. Drinkomat ® engages itself to accept the orders of a customer to the conditions of this website. Drinkomat ® reserves the right to withdraw in the case of misprint and calculation errors. All offers are valid while stock lasts. If one of Drinkomat ®’s suppliers should not supply Drinkomat ® with the ordered articles, Drinkomat ® reserves the right to also withdraw from the contract. In this case the customer will be notified immediately that the ordered products are not available any more. The price paid will be refunded immediately. The articles are to be checked for shipping damages and for missing articles at reception and possible problems have to be reported to Drinkomat ® immediately. After reception of the articles the customer has a 14-days-right to exchange the articles in the case of damages not visible at first sight as long as the article is unused. Drinkomat ® will pay the shipping costs if the goods are faulty or if the delivered articles do not correspond to the articles ordered. Should this not be the case Drinkomat ® reserves the right to charge the account of the customer for the costs of the return shipment regardless of the value of the articles. The customer will be refunded the purchase price of the articles he returned. If the customer wishes the purchase price can also be credited for other articles.
III. DELIVERY
Shipment is not included in our prices. Shipment costs will be met by Drinkomat ® if the order exceeds an amount stated on our homepage. For orders below this amount we will charge some fee, also stated on our homepage. Prices stated on the homepage on the day of the order are taken as a basis. If not agreed otherwise the delivery will take place from our store to the delivery provided by the customer. The customer is responsible for the goods as soon as he gets the goods from the parcel service. Statement of the delivery time are not binding as long as the delivery date has not been accepted definitely.
IV. DUE DATE AND PAYMENT, ARREARS
The purchase price is due immediately when placing an order. The customer can pay by credit card, cash on delivery, PayBox, NetPay, bank transfer or direct debit mandate. If the customer is in arrears Drinkomat ® reserves the right to charge interest on arrears of 4% above the usual base rate. Should there be proof of a high financial loss due to arrears, Drinkomat ® reserves the right to assert this loss.
V. COMPENSATION, WITHHOLD
The customer only has the right of compensation if his claim has been proven legally or if Drinkomat ® acknowledged it. Furthermore he is only entitled to a right of withhold if his claim is based on the same contractual relationship.
VI. RESERVATION OF PROPERTY RIGHTS
The delivered articles remain the property of Drinkomat ® as long as all the existing claims against the customer have been paid completely.
VII. GUARANTEE FOR FAULTY GOODS AND LIABILITY
Should the defect come from Drinkomat ® then we can whether make a replacement delivery or repair the article. Should Drinkomat ® not be willing to repair or replace the article, or should this action last longer than promised for whatever reasons, the customer has the right to withdraw from the contract or to claim a reduction of the purchase price. Should there be no other reasons the customer has no further rights to a claim – on whatever legal basis. Therefore is Drinkomat ® not liable for any damage which did not take place on the article itself; especially not for a financial loss or any other assets damages of the customer. As long as the liability of Drinkomat ® is out of question or restricted this will also be the case for personal liability of employees, representatives and agents. The liability restriction mentioned above does not apply if the cause of damage is due to intention or gross negligence. Should Drinkomat ® neglect a contract duty, we are only liable for personal and material damages which occurred due to this neglect. The warranty deadline is twenty-four months starting from the transmission of risk. This deadline is a statutory period of limitation and also applies for claims of consequential damages due to faulty articles as long as no claim of illegal action has been put forward.
VIII. DATA PROTECTION AND COPYRIGHTS
The customer has been informed by Drinkomat ® about the kind of data and the extent, place and purpose of the personal data collected in connection of placed orders. The customer explicitly agrees to the processing and use of personal data. Drinkomat ® commits itself to not forwarding these data to third persons without the explicit consent of the customer. Drinkomat ® is a registered trademark. The content of this website is protected by copyright. All information, texts, pictures and graphic art can only be used for non-commercial purposes. Content, software or any other information on this website can not be changed, licensed, transferred, copied, sold or published, be it partly or all in all, for whatever purpose without our written consent.
IX. PREVAILING LAW, ARBITRATION AND COURT OF LAW
Austrian law is prevailing to the exclusion of UN-purchase law. Court of law for all claims in connection with business relations is Vienna (Austria). Drinkomat ® has the right to sue at the court of law of the customer.