Terms and Conditions
With conclusion of the sales contract, these terms and conditions apply to all claims between business customers (customers who are not consumers) and SARRAS e.U. (hereinafter referred to as "SARRAS"). The terms and conditions in their current version at the time of the sale apply.
2. Contract Partners
2.1 SARRAS contracts with customers being engaged commercially (hereinafter referred to as "Business Customer") as well as with corporate clients such as government institutions, associations and the like.
2.2 The registration information must be entered correctly and completely by the customer. Registration and purchase on the Website of SARRAS is available only for business customers - acceptance of our terms by the customer confirms that the customer will use the purchased items for business purposes. .
3. Prices and VAT3.1 All prices quoted in the shop and in our catalogues are exclusive of VAT and exclude shipping costs.
3.2 The VAT will not be charged to customers who meet the appropriate requirements (corporate headquarters within a EU country except of Austria and have entered a valid UID or companies based outside the EU).
4. Conclusion of the Contract and Right of Withdrawal4.1 By submitting an online order (ie, by selecting the product, filling in the requested data and confirming the order on the website of SARRAS), by an order by eMail, fax or mail and by telephone order, proceeds the business customer to a binding offer, which must first be approved by SARRAS (4.4).
4.3 SARRAS is not obliged to accept an offer. In particular SARRAS is entitled to refuse the offer of the customer if he is not a business customer.
4.4 The contract is considered as concluded by sending an order confirmation or by the actual delivery of ordered goods or services.
4.5 The webshop confirmation of the receipt of the order is not an acceptance in the above sense.
4.6 Business customers will be granted no right of withdrawal.
5. Subject to AvailabilityIf SARRAS notice after conclusion of the contract that the goods or services ordered is no longer available at SARRAS or for legal reasons cannot be delivered, SARRAS can either offer an equivalent in quality and price or withdraw from the contract. Already received payments will be refunded immediately by SARRAS to the customer’s bank account. In order to open account credit will be made on the account.
7. Delivery7.1 Delivery of the goods shall be at the expense and risk of the business customer. The delivery service is via GLS, the Austrian Post AG or other logistics partners.
7.2 Any delivery times are not binding unless they have been explicitly stated in writing. The business customer can cancel the contract after setting a deadline of three weeks by registered letter or email. For the option “delivery against payment in advance”, the goods will be shipped after the payment has been received.
7.3 Incomplete deliveries or damage in transit, as well as damage despite proper packaging must be reported by the customer within 48 hours to SARRAS in writing (email or fax).
8. Setup services (software setup and training or calibration services)Booking a setup service for a product is possible. The selling price of a product does not include the costs of the setup service and relevant travel costs. When buying a setup service the product will be unpacked by appropriate professionals, assembled, made ready for use, the packaging material will be disposed and a training depending on the product type and arrangement will be offered.
9. Payments9.1 Payment can be made by prepayment, or by PayPal or for regular customers on open account. To hedge the credit risk, SARRAS reserves the right to conduct a credit check and to propose a suitable method of payment itself.
9.2 The payment is considered complete once the full invoice amount has been credited to the SARRAS account. In particular, for bank transfers from countries outside the EU, the client must ensure that bank charges of all bank involved in the financial transaction are charged to the business customer, so that the full invoiced amount is transferred to SARRAS.
9.3 If a business customer is in delay of payment, the business customer agrees that SARRAS transmits his data to a collection agency.
9.4 In the event of delay of payment of the business customer, the latter must in any case bear a compensation for dunning and collection charges in the lump sum of € 40.00 excl. VAT per reminder. 12% p.a. Default interest from the due date are considered agreed. This also applies if the customer is in delay of payment without fault.
9.5 Payments must be made in EUR currency by bank transfer or PayPal. Cash payments are not possible.
11. Warranty11.1 SARRAS guarantees that the goods at the time of transfer are free from defects. An insignificant reduction in the value or suitability is not considered.
11.2 The business customer has to check the goods immediately after receipt of the delivery concerning completeness or any deficiencies. In case of defects or incompleteness he has to report this latest within one week in writing. If a defect is not reported due time, the goods are considered approved. The business customer always has to prove that the defect was present at the time of delivery.
11.3 The warranty period is 12 months from receipt of the goods and presentation of the original purchase invoice is necessary.
11.4 Apart from those cases where entitled by law the right to change, SARRAS reserves the right to process the warranty claim at his discretion by repair, replacement or to arrange with the customer a price reduction.
11.5 Claims for damages because of product defects shall be excluded unless SARRAS fraudulently concealed the defect or has given an explicit guarantee for the quality of the goods or culpable injury to life, limb or health have emerged.
11.6 A guarantee cannot be given for defects resulting from improper or an over-average use of the goods by the business customers and excludes consumables.
11.7 As far as SARRAS provides a product to business customers covered by a manufacturer warranty and the manufacturer has an agency within the EU, then only the manufacturer's warranty applies.
11.8 Further warranty claims and claims for consequential damages are excluded.
11.9 Warranty will be void if the customer tries by its own attempts to repair (except ordered by SARRAS) a product.
11.10 Receipt of the claimed goods by SARRAS is still no acknowledgment of a warranty claim.
13. Privacy13.1 SARRAS uses the personal data of its business customers which are required to fulfill the contractual obligations between SARRAS and their clients (in particular, to process orders, the delivery of goods, of checking the credit history or the processing of payments) in accordance with the Data Protection Act .
13.3 The Customer agrees that his personal data, which have been entered by him into our online forms, are allowed to be processed by SARRAS for the purpose of fulfilling the order and also forwarded by SARRAS to our logistics partners (Fedex, DPD or Post AG) for the purpose of products delivery. This consent can be revoked at any time at email@example.com.
14. Mandatory disclosure of data changeThe business customer has to immediately announce SARRAS changes of its delivery / billing / contact address, as well as in their personal data (for example, change of name) as long as a sale is still open. If this notice is not provided by the business customer, notices from SARRAS are also deemed received if they were sent to his last known address / data.
15. Choice of Law, Contract Language and Communication15.1 The legal relationships between SARRAS and business customers and the general terms and conditions shall be governed exclusively by Austrian law without reference to conflict of law provisions.
15.2 The application of the UN Convention on Contracts for the International Sale of Goods of 11.04.1988 is excluded.
15.3 The contract, order, and business language is English.
16. Export Control and Export BanIn particular, in industrial products or computer software the export may be prohibited in certain third countries by the Austrian export law or subject to permit requirements. Furthermore SARRAS may be required by the manufacturers due to laws in the states of their places to export bans because of business contract. SARRAS may decline an order because of the mentioned reasons.
17. Miscellaneous17.1 A right of business customers to offset his claims of SARRAS or withholding does not apply, unless the claim is accepted or established in court.
17.2 If any provision of this contract in whole or in part, be invalid or lose their validity later, this shall not affect the validity of the remaining provisions.
17.3 All agreements, collateral agreements and the like are not valid unless made in writing.
17.4 The exclusive local jurisdiction is the commercial court of Vienna, Austria.