|
1. General
This online shop operates as an ordering platform between the customer (the “Buyer“) and a trader chosen by the customer (the “Seller”). The role of KTM/Husaberg is to act as an agent between the potential parties to the sales contract. All action taken by KTM/Husaberg is undertaken in a trust capacity for the trader chosen by the customer.
These terms and conditions of sale are valid for contracts which are transacted through this online shop and constitute an inseparable part of the specific sales contract between the customer and the trader chosen by the customer. Ancillary arrangements and any terms and conditions of purchase on the part of the trader shall not affect the sales contract initiated through the online shop.
2. Order process and conclusion of a contract
The online shop gives the customer the opportunity to order goods displayed in the shop using an Internet form. By providing the details required as part of the order process and submitting the completed form, the customer is making a binding offer to the trader and declares himself willing to buy the ordered good. The sales contract between the customer and the trader first comes about with the written order confirmation from the chosen trader.
3. Price
Purchase prices are understood to include any applicable sales tax.
If, in the time between conclusion of the contract and delivery, the price of the good in question rises generally, the trader chosen by the customer shall be entitled to bill the higher price. In such a case, the customer may rescind the contract immediately on receiving notification of the price increase either by telegram, telex or fax. Rises in ancillary costs such as shipping rates, insurance premiums, duty, etc., which affect the trader chosen by the customer shall entitle the trader to make corresponding price increases without this entitling the customer to a right to rescind.
4. Delivery date
The delivery date is the date agreed for delivery or provision of the good.
In the event of late delivery, the customer is entitled to rescind the contract having set down in writing, or by telex or fax, an additional time period of at least four days. The additional time period begins on the date the customer’s declaration rescinding the contract is received by the trader chosen by the customer. Claims for damages by the customer owing to late delivery or in the case of rescission are excluded, insofar as is legally permitted.
5. Delivery based on call off
If it is agreed that the goods are to be called off by the customer over a certain time frame, if the call offs are late the trader chosen by the customer shall be entitled to rescind the contract wholly or partially and without setting an additional time period. In any case, the trader chosen by the customer is however entitled to offset storage costs for the period of the delay.
6. Despatch and transfer of risk
The method and manner of despatch is determined by the trader provided nothing else has been agreed in writing. Unless otherwise agreed in writing, the price risk is transferred to the customer on despatch of the good, and in the event of late acceptance by the customer on readiness of the trader to despatch.
7. Guarantee
Statutory guarantee periods apply, according to which the trader must offer a guarantee in the form of improvement, price reduction or exchange (replacement) having suitable regard for the interests of the customer.
All other claims against the trader, in particular those seeking compensation for direct damage or consequential damage are expressly excluded where legally permitted.
The provisions of the guarantee are based on the currently valid version of the guarantee and service booklet supplied with the delivery.
8. Terms and conditions of payment
In order for the sales contract to exist legally between the customer and the trader, a deposit of 10% of the purchase price is required to be paid by credit card (MasterCard or Visa). The general terms and conditions of the credit card company concerned apply to the payment process.
The remaining payment resulting from the sales contract is to be made to the trader chosen by the customer without exception.
9. Reversal
In the case of reversal arising from the credit card’s terms and conditions, the total amount paid up to the point of reversal is to be transferred back via the credit card company to the cardholder for payments made by MasterCard or Visa. In the event that the customer rescinds the concluded binding sales contract without reason and after the statutory cancellation time period for remote sales business and before the delivery date, he shall be made responsible for costs incurred up to that point.
10. Retention of ownership
The delivered good remains the property of the trader until full performance of the customer’s undertakings, in particular payment of the purchase price as well as ancillary costs, interest, fees, expenses, etc.
11. Force majeure
Incidents of force majeure which affect KTM/Husaberg, the trader or a sub-supplier shall entitle KTM/Husaberg and the trader to discontinue deliveries for the duration of the hindrance and a suitable start-up period or, depending on the effects, to withdraw from the contract wholly or partially. In the event delivery is delayed by more than three months as a result of the effects of force majeure, the customer shall be entitled to withdraw from the affected part of the delivery within two weeks.
Incidents of force majeure are but are not limited to: All effects of the forces of nature such as earthquakes, lightning, frost, storms, floods; as well as war, laws, official interventions, seizure, transport disruption, export, import and transit embargos, international payment restrictions, shortage of raw materials and power; as well as operational interruptions such as explosions, fire, strikes, sabotage and all other events which could only be prevented by incurring excessive costs and through means unjustifiable financially.
12. Incoterms
Unless otherwise agreed in writing, INCOTERMS (published by the International Chamber of Commerce Paris 1953) in their most recent version apply to the interpretation of the contractual clauses employed.
13. Law
The sales contract concluded through the online shop is subject to Austrian law. The provisions of the United Nations Convention on Contracts for the International Sales of Goods are excluded.
14. Cancellation notice and consequences
The provisions of the Konsumentenschutzgesetz (Austrian Consumer Protection Act) apply to the remote sale. The customer may cancel the sales contract in writing within two weeks without stating a reason. The time period begins when the order confirmation is received by the trader chosen by the customer.
In the event of a valid cancellation, payments received on both sides must be reimbursed.
|
|
|
