General Terms and Conditions for the Use of XeelTech Webshop

  1. Applicability
  2. Offers, service descriptions
  3. Order process, right of withdrawal, conclusion of the contract
  4. Prices, delivery costs
  5. Delivery, product availability
  6. Terms of payment
  7. Retention of title
  8. Product warranty and liability
  9. Storage of the contract itself
  10. Closing remarks
  1. Applicability
  • The business relationship via the xeeltech.com web shop between XeelTech GmbH, FN 522245 h, Montafonerstr. 68, 6771 St. Anton im Montafon, Austria (hereinafter referred to as the “vendor”) and the entity for which the user acts (hereinafter referred to as the “customer”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of order placement. The customer must be entrepreneurial and the purchase must relate to the company. By ordering products, the user represents that (i) the person acting on behalf of the customer has the authority to bind the customer.
  • On the basis of these General Terms and Conditions, vendor concludes contracts with natural and legal persons as well as with organizations under public law such as schools, offices, authorities and the like, insofar as these legal transactions are part of their (hereinafter referred to as “customer”), insofar as these legal transactions are part of the operation of their business.
  • The vendor’s webshop is restricted to business to business transactions only (B2B only). In order to submit an online order via vendor’s website, among other things, a sales tax identification number is required. All data provided must be entered by the customer truthfully, correctly and completely.
  • As far as the offer of an unaccepted customer (i.e. who does not meet the mentioned requirements in 2 – 1.3) was accepted by vendor by mistake, vendor is entitled to declare the withdrawal from the contract to the unaccepted customer within a reasonable period of time.
  • Deviating terms and conditions of the customer shall not be recognized unless the vendor expressly agrees to their validity.
  1. Offers, service descriptions
    • The display of products in the online shop is to be equated with an invitation to place an order and not a legally binding offer. Service descriptions included in catalogues or on the vendor’s websites are not to be equated with either a promise or a guarantee.
  • All offers are valid “as long as stocks last” unless otherwise stated in the respective product description. Errors excepted.
  1. Order process, right of withdrawal, conclusion of the contract
  • The customer is free to select the products of their choice from the vendor’s product range and gather them together in a so-called “cart” using the [Add to cart] button. The customer can then proceed to their basket and amend their selection as required, for example by removing a product from the basket. Once they are happy with their selection the customer can proceed to the final step in the order process using the [Proceed to checkout] button.
  • When the customer clicks the [Place order request] button they make a binding request to buy the goods currently in their basket. Prior to order placement the customer is able to view and amend their order data at any time and can also use their browser’s “Back” function to return to their basket or abort the order process. Essential entries are marked with an asterisk (*).
  • The vendor responds by emailing the customer an automatic confirmation of receipt; the email recapitulates the order placed by the customer and can be printed using the “Print” function (order confirmation). The automatic confirmation of receipt only documents the receipt of the customer’s order by the vendor and is not to be equated with order acceptance. A binding purchase contract is only deemed to be concluded if the vendor dispatches or hands over the product ordered to the customer or confirms the dispatch of the product ordered by sending an order confirmation or sends an the invoice.
  • If the vendor offers an advance payment option the contract is deemed to be concluded at such time as the customer provides their bank details and fulfils the payment request. If, despite being due and despite the customer being sent a reminder, payment is not received by the vendor within 10 calendar days of the sending of the order confirmation, the vendor is entitled to withdraw from the contract, thus rendering the order invalid and in turn freeing the vendor from their obligation to supply. At this point the order is considered to have been brought to a conclusion with no further consequences for either the customer or the vendor. Products for which advance payment is offered can therefore be reserved for a maximum of 10 calendar days.
  1. Prices, delivery costs
  • All prices indicated on the vendor’s website are exclusive of statutory value-added tax (VAT). However, the price including the statutory value-added tax (VAT) and shipping costs will be displayed in the checkout process.
  • The vendor charges delivery costs in addition to the prices indicated. Delivery costs are clearly explained to the customer on a separate webpage and during the order process itself.
  1. Delivery, product availability
  • If the customer selects advance payment delivery will occur further to receipt of the invoice amount.
  • The vendor is entitled to withdraw from the contract if, at the fault of the customer, delivery of the goods fails despite two delivery attempts. Any payments already made by the customer will be refunded without delay.
  • The vendor is entitled to withdraw from the contract if the product ordered is not available because the vendor, through no fault of their own, has not been supplied with the product in question by their supplier. If this situation arises the vendor will inform the customer without delay and, where necessary, offer to supply them with a comparable product. If there are no comparable products available or the customer does not wish to be supplied with a comparable product the vendor will refund any payment already received to the customer without delay.
  • Customers are notified of on delivery (e.g. delivery to specific countries to the exclusion of others) on a separate webpage or in the respective product description.
  • The delivery conditions are determined by the specific agreement between the parties. If there is no other agreement, the following applies: Deliveries are made DAP [delivery at place according to offer] Incoterms® 2020. If no place of dispatch has been agreed, the place of the manufacturing plant of the vendor shall be deemed agreed.
  • The vendor shall not be responsible for delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the vendor vis-à-vis customers, even in the case of bindingly agreed deadlines and dates. In this case, the Vendor shall be entitled to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period. The right to postpone the deadline shall also apply to customers in cases of unforeseeable events that affect the operations of a pre-supplier and for which neither the pre-supplier nor the vendor are responsible. During the period of such hindrance, the customer shall also be released from its contractual obligations, in particular payment. If the delay is unreasonable for the customer, the customer may withdraw from the contract by written declaration after a reasonable period to be set by the customer or after mutual consultation with the vendor.
  • The vendor may use a shipping service provider for the delivery. In such cases, the respective terms and conditions of the shipping service provider shall apply, which are available on the Internet (the terms and conditions for UPS are available at: l https://www.ups.com/at/en/help-center/legal-terms-conditions/tariff.page?)..
  1. Terms of payment
  • The customer is free to select one of the available payment types during the order process; their selection is made prior to completion of the order process. Customers are informed about available payment types on a separate webpage.
  • If payment on account is available payment must be made within 30 days of receipt of the goods and the corresponding invoice. Full payment must be made in advance in the case of all other payment types.
  • If third-party providers are commissioned to process the payment (e.g. PayPal) the general terms and conditions operated by those providers apply.
  • If the due date by which payment must be made is defined as a calendar date the customer will be deemed to be in arrears as soon as they fail to comply with that due date and be liable for statutory interest on arrears.
  • The customer’s obligation to pay interest on arrears does not preclude the enforcement of other claims for delay-related damages by the vendor.
  • The customer only has the right to set-off if their counterclaims are legally valid or acknowledged by the vendor. The customer can only enforce a right of retention if their claims result from the same contractual relationship as the vendor’s claims.
  1. Retention of title
  • The vendor retains the title of the goods supplied until such time as full payment has been made.
  1. Product warranty and liability
  • Vendor shall not be liable to customer or any third party for any damages, including but not limited to personal injury, loss of profits, property damage, interruption of business or indirect consequential damages. In addition, any claims and demands arising from the provided products are excluded.
  • As far as a warranty is prescribed by law, the warranty period shall be 6 months from the date of delivery. Any liability of vendor and its suppliers is limited to the amount of the purchase price of the respective product.
  1. Storage of the contract itself
  • The customer is able to print out the contract with the aid of their browser’s print function during the last step of the order process (i.e. prior to placing their order with the vendor).
  • The vendor will also send the customer an order confirmation containing all order data to the email address provided by the customer. In addition, the customer will receive a copy of the vendor’s general terms and conditions (including the vendor’s cancellation policy and information on shipping costs and the vendor’s terms of shipping and payment) along with the order confirmation or upon delivery of the goods at the latest. If you have registered with our shop you can view the orders you have placed in your profile. We also store the contract in your profile but do not make it accessible on the internet.
  • Customers can receive the contract documents by email, in writing or by reference to an online source.
  1. Closing remarks
  • If the buyer is subject to other agreements or mandatory statutory provisions, the place of performance is the vendor’s seat, while the place of jurisdiction is the vendor’s seat if the customer is a merchant, legal entity under public law or special fund under public law or the buyer is in the country of domicile of the vendor has no general place of jurisdiction. The right of the vendor to choose another admissible place of jurisdiction is reserved.
  • The law of the Republic of Austria applies to the exclusion of the UN sales law, as long as there are no compelling statutory provisions to the contrary.
  • The language of the contract is English.