infactory innovations & trade gmbh (hereinafter referred to in brief as "infactory gmbh") operates the virtual aXbo shop "www.axbo.com".

 

Mayergasse 5/12

1020 Wien

Telephone: +43 (0) 1 8900722-0

Fax: +43 (0) 1 8900722-88

Information, data enquiries, and complaints should be addressed to: support@axbo.com

 

Commercial Registry Number FN 255484 m, Commercial Court Vienna

UID ATU 61500824

Member of the WKO (Austrian Chamber of Economics), trade sector)

 

Right of rescission: 14 days as of receipt of goods, or for services as of the date of ordering

Warranty: according to the statutory provisions (24 months)

 

Place of performance and jurisdiction: Vienna

Supervisory authority: District Court Vienna

Governing regulations of law: Trade Code

Description of business: Trade

 

Address, post code, city: see address above

Managing director: Boris Eis

Object of business: development, production, marketing and sales of innovative technologies and products

 

The General Terms and Conditions apply to the sales and delivery of goods by infactory gmbh. Any deviating conditions on the part of the buyer shall only be valid where we have given our written or signed consent thereto. When depositing an order, the buyer thereby shall have declared himself to be in agreement with these general terms and conditions and to be bound to such general terms and conditions.

 

Our offer range is without obligation. Orders by the customer shall be considered an offer to conclude a purchase contract. The confirmation of receipt of the order subsequently signed by us and any following status reports do not yet constitute the acceptance of the offer. The purchase contract shall only have been concluded once we have a dispatched the ordered goods and confirmed this consignment to the customer.

 

It shall only be possible to order goods after logging in has been completed. In the case of a first order it is necessary to register as a "New User." For additional orders it will suffice to enter the login and the password as established in the initial registration. Consumers: in the case of legal transactions with consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz), these General Terms and Conditions of Business and Delivery shall apply insofar as they do not contradict any applicable mandatory provisions of the Consumer Protection Act.

 

The contents of the contract and all other information customer services, data information and processing of complaints shall be made throughout in the German language.

 

Unless stated otherwise, all prices quoted shall be deemed current gross prices "ex works," including the statutory sales tax plus all expenses in connection with the freight, shipment, or other means of dispatch. If any export or import taxes become due in the course of the dispatch of the goods these shall be borne by the party ordering.

 

In the case of sales to customers outside of the European Union, no sales taxes will be accrued, however, such customers will be obliged to pay the national import duties for that particular country. In the case of sales to enterprises within the European Union, no Austrian sales tax will be included provided that the UID number is quoted; such enterprises will instead be obliged to pay the sales tax in their state of domicile.

 

Invoicing will be made in euros.

 

Persons ordering, who are consumers within the meaning of the Consumer Protection Act (Konsumentenschutzgesetz), may withdraw from the concluded contract within a period of 14 days as of receipt of the consignment of the ordered goods where such contract was concluded remotely (or where this was a remotely submitted contractual declaration). It shall suffice to send the declaration of rescission within the stated period without stating any reasons. In the case of such rescission a whole or partial reimbursement of the purchase price shall only be made against simultaneous return of the received goods by the person ordering.

One condition hereof is that the goods do not show any signs of use, and that they are in a resalable and new condition, and sent back in the original packaging. The costs of postage or forwarding shall be borne by the customer (where the customer resides in Austria).

 

In the case of consumers having their residence in Germany the following regulations shall apply with regard to the return of goods within the withdrawal period of 14 days: as of an order value of 40 Euros, we will assume the costs of returning the goods; for an order value below this amount the customer shall be obliged to assume the costs of returning the goods.

In the case of articles that are damaged by signs of use, or whose packaging is damaged, we shall charge accordingly for the deterioration in value.

The same shall apply in the case of returned goods where the accessories (such as manuals, driver CD's, software, etc.) are missing.

A right of rescission does not exist in the case of software whose seal has been broken, nor for services that have been rendered online (e.g. software for downloading).

 

Contents of service/delivery: infactory gmbh reserves the right to change the offered services (of www.axbo.com) in their content at any time. The prices for those deliveries and services offered by www.axbo.com do not include costs that are charged by third parties. In the case that not all articles ordered are immediately available, those articles that are immediately available shall be delivered immediately and the additional articles shall be delivered later as soon as these are available. The costs of dispatch will be invoiced separately. The delivery shall be made via Spring, via TNT, or via regular mail.

 

The delivery shall normally take place within eight (8) working days as of the confirmation of the order, however in any case, within the statutorily prescribed delivery period of 30 days as of the date of ordering. If the delivery should, in exceptional cases, be delayed, then we shall contact the customer immediately upon acquiring knowledge of such delay, however, within the period of 30 days, and shall seek the customer's agreement to the later delivery. Should the customer not agree to such late delivery, he shall be entitled to withdraw from the contract.

 

The costs of forwarding may be found on the list on our website under the category "shop/forwarding."

 

www.axbo.com offers it customers the highest degree of convenience when shopping and effecting payment. Payment by means of credit card is possible (globally). We accept Eurocard/Mastercard and/or Visa. In the case of payments by credit card a codified transfer of data in accordance with the latest technological state of the art - SSL-coding - is possible, by which means your data area protected from any unauthorized access.

 

The payment will be charged as of the date of the transfer of goods.

 

Our employees are subject to the secrecy obligations of the Data Protection Act (Datenschutzgesetz). Even the mere fact of any exchange of correspondence that has taken place shall be subject to the secrecy obligation. However, routing and domain information must, and may be transferred. The customer hereby acknowledges that the use of the data regarding the customer as stated in the contract shall be stored and processed for our accounting purposes and for our customer files. The data will be used by us for the fulfilment of legal requirements and for the purpose of conducting payment transactions.

Customer data will not be passed on to third parties, except where this is an essential requirement for the purpose of fulfilling the contract. Our contractual partners have been instructed concerning our data protection regulations and have obliged themselves to adhere to these.

 

In the case of any further queries please refer to the information site for data protection, general questions, complaints, etc.: support@axbo.com.

 

The goods shall remain our property until full payment has been made of the goods ordered. Prior to the payment in full of the goods the customer is prohibited from pledging the goods or transferring them as a security, or granting to third parties any other rights in respect of the goods.

 

The warranty shall be limited as of the first of January 2002 to the statutorily stipulated period of 24 months.

Any defects arising are to be reported as soon as possible, either upon delivery, or when the defect becomes apparent. This is without prejudice to any rights of the customer that exist notwithstanding any failure to report damages, where the customer is a consumer within the meaning of the Consumer Protection Act (KSchG),

In the case of reported defects that are justified, either a free replacement or an improvement will be granted, for which an appropriate notice period shall be set.

 

Where the purchase constitutes a trade transaction (of B2B) for the customer in accordance with Section 1 KSchG (377 (1) Commercial Code (HGB)), then the customer shall be obliged to examine the goods immediately upon receipt thereof and to report any defects found to us immediately.

 

Infactory GmbH is exclusively and only liable for damages attributable to intent and gross negligence, with the exception of damages to persons. The existence of petty or gross negligence is to be proven by the damaged party, insofar as this does not concern a consumer transaction. The compensation for subsequent damage (resulting from defects), as well as any other damage to property, asset damage, and damages by third parties against the customer, are excluded. Infactory GmbH, being the operator of www.axbo.com, performs the services with greatest of care, however, it is not liable for those services made available by, or ordered by third parties.

We guarantee our goods for a period of 6 months.

  

The parties to this contract hereby agree, insofar as there are no mandatory legal provisions to the contrary, that Austrian law shall be applied to this contract.

In the case that the contractual partner is a consumer, then the mandatory provisions of the law of that state in which he has his usual place of residence shall be applicable to this contract. In the case of disputes arising under this contract, and insofar as the contractual partner is an entrepreneur our company's domicile shall be agreed as being the place of jurisdiction. In the case that the contractual partner is a consumer then he may assert any claims against infactory GmbH either in Austria, or before the courts of the contractual state in whose jurisdiction he has his place of residence. In the case that the contractual partner has his residence or his usual place of residence in Austria at the time of concluding the contract, then any claims asserted by the contractual partner against infactory GmbH may only be made before the Austrian courts.

 

The place of performance for all services arising under this contract shall be the domicile of infactory gmbh.

 

All news items, graphic designs, and the design of the website of infactory gmbh, shall exclusively serve the purpose of providing personal information to our customers. The use shall take place at the customer's own risk. All data relating to this offer are subject to protection in accordance with Section 4 and Sections 87a ff of the Austrian Copyright Act (Urheberrechtsgesetz).

The reproduction, copying, and printing of the entire website are only permitted for the purpose of ordering from infactory gmbh. Any other form of processing, copying, or distribution and/or public reproduction thereof, extending over and above the aforementioned use, exceeds such fair use, and thus constitutes a breach and infringement of copyright law.

 

We hereby recognise the Internet Ombudsman as the exclusive place of out-of-court arbitration. In the case of any further queries on the subject of dispute settlement, please refer to our service address: support@axbo.com, or to the Internet Ombudsman at: www.ombudsmann.at.

 

17. Miscellaneous

Any ineffectiveness or invalidity, or the cancellation of individual provisions of these General Terms and Conditions of Business shall not affect the legal effectiveness of the remaining provisions.   The United Nations Convention on Contracts for the International Sale of Goods, as well as all or any provisions relating to the UN Convention on Contracts for the International Sale of Goods, is hereby expressly excluded.  

 

You can download the terms and conditions as PDF-document.