Terms & Conditions
General Terms and Conditions of Business of “Klosterquell” Hofer Vertriebs GmbH
1 Scope of Application
These General Terms and Conditions of Business apply in their applicable version for legal relationships between “Klosterquell” Hofer Vertriebs GmbH, hereinafter referred to as “Klosterquell”, and companies, hereinafter referred to as “Customer” (“B2B area”). Any Terms and Conditions of the Customer are hereby expressly contradicted. Klosterquell only trades under these conditions. Any change to these conditions must be made in writing. An order or the acceptance of delivery is always compliant with the recognition of these conditions.
2 Order and Conclusion of Contract
The order is performed as specified by Klosterquell. The contract between Klosterquell and the Customer is concluded either by means of the unchanged acceptance of the binding offer of Klosterquell or by means of the confirmation of offer by Klosterquell. In the event of contradictions between the stipulations of the contract and stipulations of these conditions, the stipulations of the contract take precedence over these conditions to the extent of the contradiction.
a) All prices are net prices ex works. Unless otherwise agreed in writing, the prices valid on the date of the delivery apply.
b) Taxes, duties and other charges payable from or in conjunction with the delivery are to be borne by the Customer. Higher postage, packaging and delivery costs must be anticipated for the dispatch of goods to other countries, i.e. outside of Austria. Such costs arise depending on the weight of the goods and the distance from the destination and are determined, indicated and charged to the customer as part of the payment process.
4 Place of Performance, Delivery and Risk Assumption
a) Place of performance is the (respective) Klosterquell factory. Dispatch and transport are the financial responsibility of the customer, who bears the risk of such. In the event of non-acceptance, the Customer is in default of acceptance. In this case, the delivery by Klosterquell is considered performed and Klosterquell is entitled to store the goods at the expense of the Customer. The resulting warehousing costs are to be paid to Klosterquell immediately.
b) Klosterquell is entitled to make partial deliveries: these conditions apply fully to such partial deliveries.
c) If Klosterquell cannot deliver on the agreed date (force majeure, delivery delays at supplier companies, etc.), Klosterquell is entitled to deliver on the next possible date, without running the risk of the consequences of delay provided, objectively seen, that it is reasonable for the customer to accept the delivery on this date. Otherwise, Klosterquell is entitled to withdraw from the contract. Klosterquell is only ever liable in the event of gross negligence on its part and in the event of intent.
5 Guarantee and Liability
a) Klosterquell only guarantees that which has been expressly agreed to in writing with the Customer. Any more extensive guarantee is excluded.
b) In particular, Klosterquell offers no guarantee for defects arising from incorrect warehousing, storage, use or transportation. Should defects be claimed, the Customer bears the responsibility for furnishing evidence of the correct warehousing, storage, use or correct transportation. Correct warehousing means, in particular, that the goods are stored and transported such that they are clean, dry and not subject to temperatures of more than 30°C: neither may the goods be stored outdoors.
c) Upon receipt, the goods must be carefully inspected and any defects must be notified immediately in writing and a sample of the defective goods or other evidence must be furnished (e.g. digital photo), otherwise any claims arising from the consequential damages of the defects are excluded. At the request of Klosterquell, the Customer is to enable and to tolerate the inspection of the goods by an expert of Klosterquell or a third party named by Klosterquell.
d) If a complaint is made about a defect in good time and, should Klosterquell demand this, be inspected by an expert Klosterquell will, at its discretion, rectify the defect by means of improving or exchanging the goods, take back the defective goods and and issue a credit note for the purchase price, or grant a price discount. The Customer is not entitled to any further claims.
e) The guarantee deadline corresponds to the minimum shelf life and commences as soon as the goods are offered at the place of performance.
f) The customer is not entitled to withhold payments due to guarantee claims or any other claims, irrespective of their type.
g) Any liability for losses by Klosterquell in the event of slight and simple gross negilgence is excluded. Klosterquell is not liable for consequential damages, in particular for lack of profit.
h) The return of goods about which complaints have been made requires the prior express written consent of Klosterquell and is at the expense and the risk of the Customer. Following arrival of the returned items at Klosterquell, at most the purchase price already paid will be credited within 30 days at the latest following receipt of the return if no improvement or exchange is possible. In the event of obvious evidence of use, damaged packaging or missing parts or accessories, an appropriate fee for the use / loss of value will be charged / withheld.
6 Reservation of Ownership and Restraint of Assignment
a) Until receipt of the complete purchase price and any delivery and shipping charges, Klosterquell remains the owner of the delivered goods.
b) The assignment of claims against Klosterquell is excluded.
7 Payment and Arrears
a) Place of performance for the payment is the headquarters of Klosterquell.
b) The purchase price must be paid within 14 days of the date of the invoice without any discount in the currency quoted on the invoice: the date of receipt by Klosterquell is decisive.
c) If the purchase price is not paid fully and on time, Klosterquell is entitled: to delay the performance of their obligations until full payment is made; to claim an appropriate extension of the delivery or service deadline; to set the full, unpaid purchase price to due; to charge all reminder and collection charges as well as 1.5% interest on arrears per commenced month; to, in the event of non-compliance with an appropriate extended deadline of maximum 14 days, withdraw from the contract in the event of a full indemnity against claims and actions by the Customer.
d) Should the Customer be in arrears with the acceptance, the entire purchase price is always immediately due.
e) The Customer is not entitled to compensate payment obligations with any claims against Klosterquell, irrespective of the title.
8 Choice of Law and Place of Jurisdiction
a) All legal relationships between Klosterquell and the Customer are subject exclusively to Austrian law, excluding the reference norms and the UN sales law.
b) The exclusive competence of the District Court for Trade Disputes in Vienna is agreed for all disputes arising from or in conjunction with the legal relationships between Klosterquell and the Customer. Should this court cease to exist as an independent court, the exclusive competence of the District Court Innere Stadt in Vienna is agreed for trade disputes.
9 General Information
a) If a provision in these Terms and Conditions is invalid, this does not affect the other provisions of the conditions. Instead of the invalid provision, the valid provision which complies as far as possible with the meaning and the objective of the invalid provision, applies. If, due to compelling legal regulations, one of the parties to the Contract cannot refer to a provision, this also applies for the other party to the Contract.
b) All headings in these Terms and Conditions have the exclusive purpose of better legibility and influence neither the contents nor the interpretation of the individual provisions.
Conditions of Use
Validity of the Conditions of Use. The following Conditions of Use present a legally valid agreement between you and Klosterquell Hofer Vertriebs GmbH. By accessing this website and showing and/or using of this website, you confirm that you have read and understood these conditions and that you agree with them, and are obliged to comply with the valid laws and conditions. If you do not agree with the Conditions of Use, you may not continue to use the services offered by the Twist and Drink site. We reserve the right to change the Conditions of Use and any other information contained on this website at any time and without prior announcement. This also applies to improvements or changes to the products, services or programmes described on this website. You are obliged to regularly inspect the Conditions of Use in order to find out about any changes to the Conditions of Use. If you continue to use the services of Twist and Drink in the knowledge of such a change to the Conditions of Use, this is considered as acceptance of the changed Conditions of Use. This website and the associated services are operated with the greatest of care, reliability and availability. For technical reasons, however, it is not possible for these services to be available permanently, that the desired connections can always be made or that stored data is maintained fully. Therefore, we assume no liability or guarantee for the permanent availability, for the published reports, offers and services with regard to correctness, completeness, topicality and functionality. We assume no liability at all towards persons or companies for the use of or the confidence in incorrect information or opinions contained on this website.
The entire contents on the websites www.klosterquell.com and www.drehundtrink.at, www.drehundtrink.de and www.drehundtrink.ch, including but not restricted to texts, brands, logos, photographs, videos, music, the lay-out, design, know-how, technologies, products and processes are the property of Klosterquell Hofer Vertriebs GmbH or are used with the consent of the owner and are protected by all applicable copyrights, trademark laws, patents and other laws of incorporeal things or commercial protective rights. Any violation of these rights will be punished. In particular, the contents of our website may not be designed such that a licence or a right of use of any element contained on the websites is granted. Software products are offered exclusively for personal and non-commercial use and may only be used as part of the licence granted by the manufacturer. Further, the software may only be reproduced, processed and decompiled as part of the conditions of the §§ 40a ff of the Copyright Law. Any reproduction, distribution and other use of these goods by the user over and above private use is expressly forbidden.
Data Protection and Private Sphere
We greatly value data protection. The collection, editing (including storage, change, transmission, blocking and deletion) and use of the data of users, is performed exclusively in compliance with the applicable data-protection regulations and only if you willingly provide us with your personal data and only if you use services such as competitions, ordering offers / information including in the form of newsletters and personalised services for which you have voluntarily registered to the extent that this is necessary for the performance of the pertinent services.
References and Links
We do not assume any responsibility for the contents, the availability or the functionality of any website(s) accessible via links to third-party websites. This also applies to all other direct or indirect references or links to third-party Internet offers. We assume no liability whatsoever towards third parties for losses or damage, irrespective of the nature, arising from the use of or the confidence in information on such third-party websites or other websites which can be accessed via these third-party websites. Links to this website are desired if they are designed as external links in a separate browser window. It is not permitted to take over the main window in to a frame of the link setter. If a website linking to our website contains illegal contents, please inform us so that we can immediately remove the link.
Declaration of Consent
If you set up a customer account for your underage child, such as to receive a newsletter, this is considered your consent for the processing of your data for customer care and marketing purposes by Klosterquell Hofer Vertrieb GmbH. Revocation of this consent is possible at any time by deleting the customer account or unsubscribing from the newsletter. Your data will not be transmitted to third parties.
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