1. General information
The General Terms and Conditions of Business / Terms of Sale regulate the sale of products of KUGEL POMPEL HSI-Solutions GmbH and apply to all offers, deliveries and services of our company as well as payments to us, even if not expressly referred to.
Please read them carefully before placing an (online) order with Kugel Pompel. By placing an order, you agree to the application of these terms and conditions.
The valid version of the Terms and Conditions is available on our website at www.kugelpompel.at or can be viewed by the customer at any time in person at our business premises. The German original version is valid. Other versions are for information purposes only. Kugel Pompel may make changes to the GTC at any time. For your order the version valid on the respective order date shall apply. If you have any questions, please contact us at email@example.com or by phone at +43 1 48 58 058 0.
2. Contract conclusion
Unless otherwise agreed in writing, our terms and conditions shall apply to all incoming and future orders. Your order merely represents an offer to us to conclude a sales contract. Our offers are non-binding and subject to confirmation. Subject to prior sale. All agreements become legally effective only with our written confirmation (order confirmation).
a) The presentation of goods in the online store does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online store.
b) By clicking the button "Order now with payment"/"buy" you submit a binding offer to purchase (§ 145 BGB).
c) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
d) A sales contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you - without prior express declaration of acceptance.
When purchasing online, you agree to receive the original invoice exclusively by electronic means. The e-invoice will be sent only in PDF format after your goods have been dispatched by mail to the mail address you have provided.
3. Cancellation policy
Right of withdrawal (valid for online purchase)
You have the right to cancel this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Kugel Pompel HSI-Solutions GmbH, Paletzgasse 36 - 38, 1160 Vienna, Tel.: +43 1 48 58 058-0, Fax: +43 1 48 58 058-5, E-Mail: firstname.lastname@example.org) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the sample revocation form for this purpose, but this is not mandatory (form under Downloads at www.kugelpompel.at). In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of withdrawal
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods. You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.
4. Prices / Surcharges
All prices in our online store are gross prices including the statutory sales tax and do not include shipping costs.
Prices confirmed by us are to be regarded as fixed (binding). Nevertheless, we reserve the right to adjust them to the new conditions in case of drastic economic changes or force majeure. Our prices are valid ex works, including standard packaging (excluding special packaging). We reserve the right to charge the following surcharges: For small orders below a value of goods of € 50.00 net (excluding shipping) we charge a processing fee of € 10.00 net = KMZ. The minimum item value per article is € 3.00 net. If the item value is lower, it will be automatically adjusted on the order confirmation. The surcharge for desired special packaging per unit is + € 0.50 net. For orders that arrive Monday to Thursday after 13:00 and Friday after 10:00 and are to be shipped the same day; we charge + € 10.00 net urgency surcharge. These surcharges will be shown in the total amount of the order confirmation at the latest.
5. Terms of payment
For initial orders and orders below € 50.00 net value of goods, delivery will be made, unless otherwise agreed, generally by advance payment (free of charge) or cash on delivery (subject to a fee). The payment options for online orders can be found in the webshop. For all other orders, the terms of payment are specified in the order confirmation after consultation. Payments/transfers must be made in such a way that the amount is already credited to the account of HSI-Solutions GmbH when due. In case of default of payment, which also occurs without a special reminder, the valid reminder fee according to the Payment Default Act (EU Directive 2011/7/EU) shall apply. In addition, the statutory default interest rate is 9.2% above the prime rate. In case of suspension of payment or bankruptcy of the buyer, the purchase price claim is due immediately. Withholding of payment or offsetting due to any counterclaims of the buyer is excluded.
6. Terms of delivery
We are entitled to make partial deliveries to a reasonable extent. Excess or short deliveries customary in the industry are permissible. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. If the orderer is not present at the agreed delivery address at the agreed time, the orderer shall bear any additional costs incurred for an unsuccessful delivery.
The indicated delivery times are not binding. Should delivery difficulties arise due to force majeure, unforeseeable events or delay in delivery due to unforeseeable disruptions in our own operations or in the operations of our suppliers, the customer will be informed immediately. However, claims for damages due to delayed delivery are excluded.
Packaging & shipping (transfer of risk)
Packaging, dispatch and means of transport are left to our choice in the absence of a special agreement. The packaging is exempt from liability according to the German Packaging Ordinance and will not be taken back. The exact terms of delivery are set out in detail in the order confirmation (transfer of risk according to Incoterms of the latest version).
Return of goods
Precision goods and custom-made products are generally excluded from return/exchange. Other returns will be accepted without exception only after prior consultation. Cancellations or partial cancellations of an order are not permitted. Should an agreement on cancellation be reached after consultation, Kugel Pompel reserves the right to charge cancellation fees as a percentage of the order value, but at least € 25.00 net.
7. Notice of defects / complaint / warranty
Notices of defects must be made in writing without delay, but no later than 8 days after receipt of the goods. The contractual partner must provide proof that the defect already existed at the time of delivery. Defective goods are to be returned to Kugel Pompel for inspection, carriage paid, by arrangement. In case of justified complaints, we reserve the right to deliver a replacement free of charge or to agree to a termination of the contract but reject further claims for damages. We shall not be liable for properly delivered products which merely do not sufficiently meet the purpose or visual requirements of the contractual partner.
8. Retention of title
All goods delivered shall remain our property (reserved goods) until all our claims have been satisfied in full, even if payments are made for specially designated claims. The buyer may only resell, process or install the reserved goods in the normal course of business as long as he is not in default. The buyer's claims from the resale of the reserved goods, including all ancillary rights, are hereby assigned to us in full, regardless of whether they are sold to one or more buyers. If our goods are installed in machines etc., we automatically acquire co-ownership of the machine in question. Pledging or transfer of ownership of the goods by way of security without our consent before final payment is not permitted.
Certificates are generally subject to a fee. These are to be requested when ordering and will only be issued if explicitly requested.
Please note that for deliveries outside the EU additional import duties or taxes may apply. These fees can vary greatly from country to country and must be paid in full by the customer. We have no influence on these fees and ask you to contact your local customs office for information about these fees.
11. Legal venue / place of fulfilment
Place of fulfilment for delivery and payment as well as place of jurisdiction is Vienna. The contract remains binding even if individual points of its terms and conditions are invalid and does not lead to the invalidity of the entire terms and conditions and does not release the buyer from other obligations.
1160 Wien, Paletzgasse 36 - 38