GTC

General Terms and Conditions of PROBeschaffung GmbH
Kasernenstraße 11, 4063 Hörsching

​

​

​

​

§ 1 Validity of the General Terms and Conditions

​

1. All deliveries, services and offers of PROBeschaffung GmbH (hereinafter: PROBeschaffung) are made exclusively on the basis of and subject to these General Terms and Conditions (GTC).
2. Conflicting, deviating and new terms and conditions of the contractual partner that are not contained in PROBeschaffung's GTC shall not be recognised unless PROBeschaffung has expressly agreed to their validity in writing.
3. These GTC shall only apply to consumers if they do not conflict with mandatory provisions of the Consumer Protection Act (KSchG).
4. By placing an order, the customer agrees to these GTC. They form an integral part of the purchase contract.
5. The GTC are available for download on the WEB at www.PROBeschaffung.at.

§ 2 Conclusion of contract

​

1. Offers made by PROBeschaffung are non-binding and subject to change. Information contained in catalogues, brochures, product descriptions etc. is only binding if reference is made to it in the order confirmation. Illustrations, quantities, dimensions and design specifications, appearance, prices and conditions in brochures, catalogues and the like are only examples.
2. An order is accepted when it is confirmed by PRO Procurement in writing and/or by fax or e-mail or when PRO Procurement has delivered. All information, dimensions, values, conditions of use and other content contained in brochures, catalogues, homepages and other documents are theoretical approximations and are only binding if confirmed in writing. Brochures are always valid in their current version at the time the contract is concluded.
3. Orders in the online shop can only be placed via the Internet via the homepage set up at "www.PROBeschaffung.at". Before placing an order, the customer must provide his name, address and telephone number as well as his e-mail address, which he can use to receive, read, save and print e-mails from PROBeschaffung. By clicking on the "Buy now" button and the "Accept general terms and conditions (GTC)" button, the customer places a binding order for the goods contained in the shopping basket. Immediately after receipt of the order, the customer receives an automated order confirmation by e-mail. This order confirmation does not yet constitute acceptance of the order. The conclusion of the contract is governed solely by § 2 clause 2 of these GTC.
4. In the event of non-availability or only partial availability of the ordered goods, PROBeschaffung reserves the right to reject the order and not fulfil it. In this case, the customer will be informed immediately. Any consideration already received will be refunded immediately.

​

§ 3 Right of cancellation

​

1. Customers who are consumers have the right to withdraw from a contract concluded at a distance without giving reasons. The cancellation period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods. The right of cancellation does not apply in the cases of § 18 para. 1 FAGG.

2. The timely dispatch of the notice of cancellation before the expiry of the 14-day period is sufficient to comply with the cancellation period.
3. If the consumer exercises his right of cancellation, he must return the goods to PROBeschaffung within 14 days of the date of his declaration of cancellation, properly packaged and with the original invoice. The cost of returning the goods shall be borne by the consumer. In return, PROBeschaffung is obliged to reimburse all payments made by the consumer, including the shipping costs (with the exception of those shipping costs that the consumer has chosen for a shipping method other than the cheapest standard delivery offered by PROBeschaffung) immediately and at the latest within 14 days of receipt of the notice of cancellation. The same means of payment used by the consumer in the original transaction will be used for the refund, unless expressly agreed otherwise. 4.
4. PROBeschaffung is entitled to refuse repayment until receipt of the goods to be returned or until receipt of proof that the goods have been returned (whichever is the earlier).

​

§ 4 Prices, terms of payment, offsetting

​

1. The prices offered on the website are current prices and are valid until cancelled. Prices are subject to change and are quoted in euros and as gross prices including the applicable VAT. Shipping costs are not included in the price and are shown separately during the ordering process.
2. The customer can choose from the available payment methods during and before completion of the order process.
3. If payment by invoice is possible, payment must be made within 7 days of receipt of the goods and the invoice without deduction. For all other payment methods, payment must be made in advance without deduction immediately after conclusion of the contract.
4. If third-party providers are commissioned with payment processing, e.g. Paypal, their general terms and conditions apply.
5. In the event of default in payment, the customer shall pay default interest (consumers 4%, entrepreneurs 9.2% above the base interest rate). A flat rate of EUR 50.00 will be charged for the collection costs of the reminder letters. If a debt collection agency is commissioned, the costs shall amount to a maximum of the amount resulting from the ordinance BGBl. 141/1996. If it is necessary to trace the address, the associated costs will be invoiced separately at EUR 45.00. 6.
6. This does not exclude the assertion of any further damage caused by delay.
7. The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognised by PROBeschaffung.

§ 5 Retention of title

​

The delivered goods remain the property of PROBeschaffung until full payment has been received.

§ 6 Terms of delivery

​

1. The delivery time stated in the order confirmation does not include the promise of a fixed date. Fixed dates must be agreed separately in writing.
2. Upon acceptance of the offer, delivery is made at the risk of PROBeschaffung to the front door/house door of the specified address on the agreed delivery date, which is agreed upon acceptance of the offer in writing or by telephone. The risk of accidental loss, accidental deterioration and theft of the goods shall pass to the customer upon delivery of the goods to the customer or to a third party designated by the customer.

§ 7 Liability

​

1. PROBeschaffung's liability for slightly negligent breaches of duty is excluded, provided that these do not relate to material contractual obligations or damages resulting from injury to life, limb or health. Furthermore, the aforementioned limitation of liability shall not apply in cases of mandatory statutory liability (in particular under the German Product Liability Act) or where a guarantee has been assumed.
2. The customer is obliged to take reasonable measures to avert or minimise damage.
3. The seller's liability for indirect and unforeseeable damage as well as loss of production and use, loss of profit, loss of savings and financial loss shall be excluded in the event of slight negligence - except in the event of injury to life, limb or health. All claims for damages arising from defects in deliveries and/or services must - if the defect is not expressly recognised by the seller - be asserted in court within one year of becoming aware of the damage, otherwise all claims of any kind shall lapse. In deviation from the provision of § 1298 ABGB (Austrian Civil Code), the Buyer must provide proof that the Seller is at fault when asserting claims for damages due to breach of contract.
 

§ 8 Instructions for use

1. The instructions for use for the purchased goods must be strictly followed by the customer.
2. If the customer passes the purchased goods on to third parties (e.g. to its own employees), it must train them accordingly with regard to the instructions for use.
3. PROBeschaffung accepts no liability for damage that could have been avoided by following the instructions for use.

§ 9 Product liability

​

If PROBeschaffung is prompted to recall a product due to a product defect in the contractual products, the customer will support PROBeschaffung and take all reasonable measures ordered by PROBeschaffung. PROBeschaffung will reimburse the customer for all necessary expenses incurred in this connection.

§ 10 Data protection

​

The customer agrees that personal data included in the purchase contract will only be used for internal processing and evaluation and will not be passed on to third parties. The customer agrees that PROBeschaffung may use this data for newsletters.

§ 11 Final provisions

​

1 Austrian law shall apply to the contractual relationship and the purchase contracts concluded in its execution, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. To the extent permissible, the place of jurisdiction for all claims arising from the business relationship shall be the registered office of PROBeschaffung.
3 The place of fulfilment for delivery and payment is the registered office of PROBeschaffung.
4 The contractual language is German.
5. Collateral agreements, additions and amendments to these GTCs must be made in writing to be effective. This also applies to any waiver of the written form requirement.
6. Should individual provisions of the contract, including these GTC, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision that comes as close as possible to the content and purpose of the wholly or partially invalid provision.

​

​