General Terms and Conditions 

Company PROBeschaffung GmbH, Kasernenstraße 11, 4063 Hörsching

§ 1 Applicability of the Terms and Conditions

1. All deliveries, services, and offers of PROBeschaffung GmbH (short: PROBeschaffung) are made exclusively on the basis and under the applicability of these General Terms and Conditions (GTC).

2. Conflicting, differing, and new conditions of the contracting partner that are not included in the GTC of PROBeschaffung will not be recognized unless PROBeschaffung has expressly agreed to their applicability in writing.

3. These GTC apply to consumers only if they do not conflict with mandatory provisions of the KSchG.

4. By placing an order, the customer agrees to these GTC. They form an integral part of the purchase contract.

§ 2 Conclusion of Contract 

1. Offers from PROBeschaffung are non-binding and subject to change. Information contained in catalogs, brochures, product descriptions, etc. is only binding if referenced in the order confirmation. Illustrations, quantity, measurement, and execution specifications, appearance, prices, and conditions in brochures, catalogs, and similar are for example only.

2. An order is accepted when it is confirmed in writing and/or by fax or email by PROBeschaffung or when PROBeschaffung has delivered. All information, dimensions, values, conditions of use, and other content contained in brochures, catalogs, on homepage pages, and in other documents are theoretical approximations and are only binding with written confirmation. Brochures are generally valid in their current version at the time of contract conclusion.

3. Orders in the online shop can only be placed via the internet through the homepage set up at "www.PROBeschaffung.at". Before placing an order, the customer must provide their name, address, and phone number, as well as their email address, through which they can receive, read, save, and print emails from PROBeschaffung. By clicking the "Buy Now" button and the "Accept General Terms and Conditions (AGB)" button, the customer places a binding order for the goods in the shopping cart. Immediately after receiving the order, the customer will receive an automated order confirmation via email. This order confirmation does not yet constitute acceptance of the order. The formation of the contract is solely governed by § 2 item 2 of these AGB.

4. In the event of unavailability or only partial availability of the ordered goods, PROBeschaffung reserves the right to refuse the order and not to fulfill it. In this case, the customer will be informed immediately. Any consideration already received will be refunded without delay.

§ 3 Right of Withdrawal 

1. Customers who are consumers have the right to withdraw from a contract concluded at a distance without giving any reasons. The withdrawal period is fourteen days from the day on which the customer or a third party designated by him, who is not the carrier, has taken possession of the goods. The right of withdrawal does not apply in the cases of § 18 para. 1 FAGG. Legally, you are entitled to 14 days - PROBeschaffung voluntarily grants you 30 days. This regulation can be reset at any time from 30 to 14 days.

2. To maintain the withdrawal period, it is sufficient to send the withdrawal declaration in a timely manner before the end of the 14-day (30-day) period.

3. If the consumer exercises his right of withdrawal, he must return the goods properly packaged along with the original invoice to PROBeschaffung within 14 days (30 days) from the time of his withdrawal declaration. The costs for returning the goods are to be borne by the consumer. In return, PROBeschaffung is obliged to refund all payments made by the consumer, including shipping costs (except for those shipping costs that the consumer has chosen for a shipping method other than the cheapest standard delivery offered by PROBeschaffung) without delay and at the latest within 14 days from the receipt of the withdrawal declaration. The same payment method will be used for the refund that the consumer used for the original transaction, unless expressly agreed otherwise.

4. PROBeschaffung is entitled to withhold the refund until the returned goods have been received or until proof has been received that the goods have been sent back (whichever is the earlier date).

§ 4 Prices, Payment Terms, Set-off 

1. The prices offered on the website are daily prices and are valid until revoked. Price indications are non-binding and are in euros and as gross prices including the applicable value-added tax. Shipping costs are not included in the price and will be separately indicated during the ordering process.

2. The customer can choose from the available payment methods within the framework and before completing the ordering process.

3. If payment by invoice is possible, payment must be made within 7 days after receipt of the goods and the invoice without deduction. For all other payment methods, payment must be made in advance without deduction immediately after the conclusion of the contract.

4. If third parties are commissioned with payment processing, e.g. PayPal, their general terms and conditions apply.

5. In the event of payment default, the customer must pay default interest (4% for consumers, 9.2% for businesses above the base interest rate). A flat fee of €50.00 will be charged for the collection costs of reminder letters. If a collection agency is commissioned, the costs will be a maximum of the amount resulting from the regulation BGBl. 141/1996. If an address search is necessary, the associated costs will be charged separately at €45.00.

6. The assertion of any further default damages is not excluded.

7. The customer has the right to offset only if his counterclaims have been legally established, are undisputed, or have been acknowledged by PROBeschaffung.

§ 5 Retention of Title

Until full payment is made, the delivered goods remain the property of PROBeschaffung.

§ 6 Delivery Conditions 

1. The delivery time specified in the order confirmation does not include a commitment to a fixed date. Fixed dates must be agreed upon separately in writing.

2. Delivery occurs at the risk of PROBeschaffung to the apartment door/front door of the specified address on the agreed delivery date, which is established upon written or verbal acceptance of the offer. With the delivery of the goods to the customer or to a third party designated by the customer, the risk of accidental loss, accidental deterioration, and theft of the goods passes to the customer.

§ 7 Liability 

1. PROBeschaffung's liability for slight negligence is excluded, unless it concerns essential contractual obligations or damages resulting from injury to life, body, or health. The aforementioned limitation of liability does not apply in cases of mandatory statutory liability (especially under the Product Liability Act) or in the case of assuming a guarantee.

2. The customer is obliged to take appropriate measures to prevent or mitigate damages.

3. The liability of the seller for indirect and unforeseeable damages as well as production and usage downtime, lost profits, missed savings, and property damage is excluded in the case of slight negligence - except in the case of injury to life, body, or health. All claims for damages arising from defects in deliveries and/or services must be asserted in court within one year after knowledge of the damage, unless the defect is expressly acknowledged by the seller; otherwise, all claims of any kind shall be extinguished. Contrary to the provision of § 1298 ABGB, the buyer must provide evidence 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 hands over the purchased goods to third parties (e.g., to their own employees), they must train them regarding the instructions for use accordingly.

3. PROBeschaffung assumes no liability for damages that could have been avoided by following the instructions for use.

§ 9 Product Liability

If PROBeschaffung is prompted to initiate a product recall 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 context.

§ 10 Data Protection

The customer agrees that personal data included in the purchase contract will only be used for internal processing or evaluation and will not be shared with third parties. He 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, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

2. As far as permissible, the jurisdiction for all claims arising from the business relationship shall be agreed to be at the registered office of PROBeschaffung.

3. The place of performance for delivery and payment is the registered office of PROBeschaffung.

4. The language of the contract is German.

5. Side agreements, additions, and amendments to these terms and conditions require written form to be effective. This also applies to the waiver of the written form requirement.

6. Should individual provisions of the contract, including these terms and conditions, be or become wholly or partially ineffective, the validity of the remaining provisions shall not be affected. The wholly or partially ineffective provision shall be replaced by a provision that comes as close as possible to the content and purpose of the wholly or partially ineffective provision.