These terms and conditions apply to all deliveries and services of catworkx GmbH Austria, hereinafter referred to as catworkx. All offers, deliveries and services are exclusively based on these terms and conditions. These are therefore also valid for all future business relations, even if they are not expressly agreed again. With the placing of the order these are considered as accepted. Any deviating agreement or assurance requires written confirmation by catworkx. The customer waives the right to assert his own terms and conditions of purchase. These are expressly objected to by catworkx; they will not become part of the contract even if catworkx remains silent or delivers.
Offer and acceptance
catworkx provides deliveries of products (including software) and services according to the following conditions. Offers are subject to change and non-binding. A contract (order) with the customer is only concluded upon issuance of the written order confirmation by catworkx. The same applies to additions, amendments or subsidiary agreements. The sending of an invoice is equivalent to an order confirmation. We reserve the right to make changes in the course of technical progress. The buyer is bound to his order for four weeks. Special product descriptions and project objectives must be in writing including signature to be valid.
Conclusion of contract/right of withdrawal
The contract for an offered object or service is already concluded by catworkx by de facto compliance without any declaration to the customer who has made the contract offer. The customer waives a declaration of acceptance (§ 864 ABGB). The customer will be informed about the acceptance of his application for the conclusion of a contract either by catworkx by means of a confirmation or at the latest by executing the delivery of the ordered goods or by the offer or provision of the service.
The right of withdrawal does not apply to such special services of catworkx, in whose Special Terms and Conditions a right of withdrawal is excluded, as well as for the following product groups and in the case of the following resolutory events:
– Software, insofar as its seal has been opened or it has been downloaded online;
– Newspapers, journals and magazines;
– Goods, which are manufactured according to customer specifications or clearly tailored to personal needs;
– Goods that are not suitable for return due to their nature
If the customer places an order with catworkx for the following goods or groups of goods, a right of withdrawal is also excluded, as these goods are either not suitable for return due to their nature and/or it is not applicable in case of the following events:
– Subscriptions/licenses for which a take-back by the manufacturer was excluded
– books, as far as the protective cover was opened or they were downloaded online;
– Goods that are configured from standard components according to customer specifications, such as individually configured computer hardware with/without software installations, as soon as they are used or put into operation;
– kits assembled by the customer and such parts that have already been installed by the customer
The prices are ex warehouse plus freight charges and transport packaging. The prices of the order confirmation plus the legal value added tax are decisive. Orders for which fixed prices have not been expressly agreed shall be invoiced at the list prices valid on the date of delivery or performance. In the case of books and other publishing products of German publishers, the prices are usually set by the publishers and are subject to fixed prices. Discounts and rebates not listed on the invoice can therefore not be granted. Imported literature is calculated on the basis of the publisher’s price and includes the applicable value added tax. Prices are subject to change and errors excepted.
Ordered goods will be delivered as soon as possible. Delivery dates are given approximately, a certain fixed date is expressly excluded. Delivery and service deadlines shall be extended appropriately in the event of force majeure and all other obstacles for which catworkx is not responsible and which have a considerable influence on the delivery or service, in particular in the event of strikes or lockouts of suppliers or their sub-suppliers, transport difficulties, delays of suppliers, etc. Unforeseen obstacles to delivery that last longer than six weeks entitle both contracting parties to withdraw from the contract in whole or in part. Claims for damages by the purchaser are excluded in these cases. catworkx is entitled to make partial deliveries. For deliveries abroad, the customer must provide all proofs required by catworkx for export and import. The risk is transferred to the buyer as soon as the shipment has been handed over to the person carrying out the transport. Complaints in the event of transport damage must be made by the customer to the respective carrier. Returns without express consent will not be accepted. Deliveries for inspection must be expressly agreed upon when placing the order. When returning deliveries on approval, the original packaging must be used. The return shipment must be free of shipping costs for catworkx.
Subject to availability:
Should catworkx determine after conclusion of the contract that the ordered goods or services are no longer available at catworkx or cannot be delivered for legal reasons, catworkx may either offer goods or services of equivalent quality and price or withdraw from the contract. The offer of a replacement delivery or the withdrawal from the contract is made immediately, at the latest within 5 working days after receipt of the customer’s offer. Payments already received will be refunded by catworkx immediately after a withdrawal from the contract by catworkx or the client.
Installation by catworkx shall only be carried out on the basis of separate agreements subject to remuneration. The customer must provide the conditions necessary for the installation, including working space.
Terms of payment
Payments are due within 10 days from the date of invoice unless otherwise agreed in writing.catworkx reserves the right to demand advance payments or to make claims due at any time. In the event of default in payment, the customer undertakes to reimburse all costs, expenses and cash outlays incurred by the contractual partner, regardless of the title from which they result, in particular the costs of engaging a collection agency, lawyers’ fees and similar costs in accordance with the tariffs. Under no circumstances shall the customer be entitled to set off against existing or alleged counterclaims or to withhold due payments for whatever reason, in particular because of alleged counterclaims.
Retention of title
catworkx retains ownership of all goods delivered to a customer until final and complete payment of the delivered goods. If catworkx replaces a product under warranty, the customer must return the originally delivered product to catworkx without delay.
Defects must be reported by the customer in writing immediately, at the latest within ten days of receipt of the goods. Hidden defects which are not discovered within this period must be reported immediately after discovery. catworkx reserves the right to repair or exchange defective goods. Multiple rectifications of defects are permissible. Requests for rectification of defects must be made in writing. They must contain a precise description of the defect complained about. After receipt of this notification of defects, catworkx may, at its own discretion, either provide information on how to remedy the defect or take other measures suitable for remedying the defect, such as sending data carriers or information sheets that allow the defect to be remedied. There is no claim to rectification of defects. As long as catworkx takes the measures described above to remedy the defects by repair or replacement with faultless goods, the customer does not have the right to demand a reduction of the remuneration (abatement) or cancellation of the contract (rescission), unless the repair is unsuccessful. Any warranty for products that have been modified or used by the customer contrary to catworkx’s specifications is void.
catworkx is only liable in cases of positive violation of claims, culpa in contrahendo, delay, impossibility, tort and on other legal grounds in cases of intent and gross negligence. The same applies to consequential damages and loss of profit. Indirect damages (third-party damages) are generally excluded.
Neither data processing systems nor computer software always work without errors according to the current state of the art. Accordingly, catworkx is not able to technically ensure that online trading is always error-free. Added to this are the imponderables of the Internet itself. catworkx is therefore not liable for damages resulting from the fact that, due to technical defects, purchase offers possibly submitted by customers are not received by catworkx or are not considered there. Excluded is a possible intention at catworkx. In all cases in which catworkx is liable, the amount of liability is limited to the damages that catworkx could foresee.
catworkx guarantees that the customer data collected when placing an order will only be collected, processed, stored and used in connection with the processing of the order, and will only be passed on to affiliated companies for the purpose of processing the order. If the client does not want data to be used for internal purposes of catworkx, the client is entitled to object to this use at any time by sending a corresponding e-mail to email@example.com.
The customer has no right of set-off or retention. The place of performance for both delivery and payment is the business location of catworkx . Should individual provisions of this contract be wholly or partially invalid or later lose their legal validity, this shall not affect the validity of the rest of the contract. In this case, the parties undertake to agree an effective provision in place of the invalid provision which, as far as legally possible, comes closest to the economic purpose pursued by the invalid provision, taking into account the interests of the parties expressed in this contract. The same shall apply if the contract contains a gap not foreseen by the parties.
Place of jurisdiction
Exclusive place of jurisdiction is Vienna or another legal venue of catworkx’s choice, provided the customer is a merchant in the sense of the German Commercial Code or a public corporation.
© 2017 catworkx GmbH Austria