General Terms and Conditions

1. Area of application

The subsequent general terms and conditions are exclusively applicable for business connections between MVH GesmbH and the customer, as amended at the time of order.

Any terms and conditions of the user which contradict the present general terms and conditions will not be admitted by MVH GesmbH, unless MVH GesmbH explicitly consented to its validity in written form.

2. Conclusion of the contract

The contract between the customer and MVH GesmbH is only established upon receipt of an order – in written form, by telephone, by fax or online.
The customer accredits the terms and conditions of delivery and payment by placing an order.
By placing an order at MVH GesmbH, the customer confirms his legal competence as well as his age of consent.
MVH GesmbH assumes no liability concerning misprints, typing errors and miscalculations on the website and in the online shop.
In this case the customer will be informed immediately and recent payments will be refunded without delay.

3. Right of withdrawal

The customer may in writing (also by e-mail) or via return of merchandise withdraw from the contract within seven work days after receipt of the merchandise.
To meet the deadline, timely mailing shall suffice.

3.1. This right of withdrawal is explicitly excluded:
when ordering audio or video recordings or software (CD, DVD, and the like) as well as sanitary products, if the goods delivered are unsealed by the customer or removed from the original packaging, furthermore custom-made manufacturing products and special designs as well as articles with initials affixed to them.
Unsealing occurs when audio or video recordings, software or sanitary products are physically removed from commercial packaging, welding foils are detached from the product itself, at the first-time playback of audio or video recordings or software for lack of packaging or sealing on reproducers, at the installing of software for lack of sealing or other acts done in connection with the unsealing described here.
All other articles, which have been used, worn, washed or damaged as well as perishable goods, are excluded from the right of withdrawal.

3.2. In case of withdrawal

The customer is liable to put back the received service in original packaging and under seal.
The customer is explicitly liable to bear the costs and shipment expenses incurred by the return of the merchandise.
The return of merchandise that was not ordered or of replacement deliveries is exempt from charges.
MVH GesmbH undertakes to refund payment made by the customer delivery versus payment after the receipt of the returned merchandise.
MVH GesmbH is specifically authorised to charge direct costs of the return from the sum to be refunded in case of withdrawal on the part of the customer, as well as to discount a suitable fee for the use, including a reimbursement for reduction of common value, resulting from use, and to remit solely the difference.

4. Delivery & dispatch

Unless otherwise agreed, the merchandise is delivered from stock to the delivery address provided by the customer.
Particulars on time of delivery are non-committal, unless the date of delivery was exceptionally agreed on.
Delivery of merchandise takes place in utilisation of customary ways of dispatch (post, delivery services etc.).
The customer has to disclose a change of address immediately, otherwise the customer will be charged for address charging fees in the amount of EUR 40,00 per address.

5. Maturity and payment, default

The purchase price is due directly at order taking.
If the customer gets in default, MVH GesmbH is authorised to charge reminder fees (per reminder EUR 15,00 maximum) as well as default interest at a rate of at least 5 per cent above the ECB base rate per year.
After the expiration of the reminder a debt collection agency will be authorised to enforce the claim.
Collection agency costs incurred are for the account of the customer, subject to the regulation on maximum rates for debt collection agencies according to the Federal Law Gazette 141/1996, as amended.

Handling expenses with receivables amount to:


up to EUR 73,00                                          EUR 20,35

 
from EUR 73,00 to EUR 364,00                EUR 80,08

 
from EUR 364,00 to EUR 727,00              EUR 123,59


over EUR 727,00                                         8% of the receivables.

 

 Reminder fees for the first reminder with receivables amount to:

 
up to EUR 19,00                                          EUR 4,36

 
from EUR 19,00 to EUR 73,00                  EUR 7,27
 

from EUR 73,00 to EUR 364,00                EUR 14,53

 
from EUR 364,00 to EUR 727,00              EUR 24,71


over EUR 727,00                                         EUR 50,87

 
Reminder fees for the second reminder with receivables amount to:


up to EUR 19,00                                          EUR 5,09


from EUR 19,00 to EUR 73,00                  EUR 9,45


from EUR 73,00 to EUR 364,00                EUR 17,44


from 364,00 to EUR 727,00                       EUR 27,62


over EUR 727,00                                         EUR 58,14

 
The same rates like the second reminder apply to reminder fees of every further reminder, phone debt collection, debt repayment plans and extrajudicial settlement agreements.
In case of detectable higher damage for delay incurred, MVH GesmbH is authorised to assert a claim.

6. Charging, retention

The customer is only entitled to charging, if counterclaims are established as final and absolute or if they are recognised by MVH GesmbH. Moreover, he is only authorised to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

7. Rates

The rates at the time of placing an order are valid.
All rates termed by MVH GesmbH are quoted inclusive of VAT, but they are not including shipping costs shown seperately and expenses.
(see “dispatch & costs”)
Possible other charges and taxes incurred by dispatch are always for the account of the customer.

8. Retention of title

MVH GesmbH retains title concerning all existing claims against the customer until the purchase price has been fully paid.

9. Liability for defects and warranty

The customer has to notify in writing about all deficiencies. In case of a notice of defects, the customer has to return the corresponding article along with a description of faults as accurate as possible, a copy of the invoice and in original packaging. The original packaging shall not be used as shipping package.
Exept as given below, continued claims on the part of the customer – irrespective of legal basis – are excluded. Due to this, MVH GesmbH is not liable for defects on the delivery item itself, particularly with regard to loss of profit or other financial damages of the customer. As far as the liability of MVH GesmbH is excluded or limited, this also applies to personal liability of employees, salesmen and assistants.
The preceding limitation of liability is not valid, if the cause of damage is based upon intent or gross carelessness or in case of personal injury. This also applies to customers who assert a claim according to the Product Liability Act.
Provided that MVH GesmbH negligently violates an essential contractual obligation, the duty of replacement for property damage is limited to the typical occurring damage.

10. Data protection

MVH GesmbH uses data submitted by the customer only for transaction of the contractual relationship.
MVH GesmbH does not distribute data to third parties, neither for value nor on a voluntary basis.
The customer was informed by MVH GesmbH in detail of the mode, extent, place and purpose of personal data collection, handling as well as utilisation of data for the execution of orders, the registration for e-mail notification service and the transmission of online reviews.
(see “security & data protection”)

11. Jurisdiction and applicable law

The contractual relationship applies to the Austrian Law.
The court responsible for commercial matters in 1030 Vienna is stipulated the jurisdiction of companies. Concerning customers, the jurisdiction acts in pursuance with legal requirements.
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