Terms & Conditions

 

Valid for all legal transactions between PIMO Produktions- und Vertriebs GmbH (Managing Directors Mag. Peter Morri and Jörn-Michael Witt) and third parties (in short, contractual partner / customer / buyer)

I. General – Scope

1. PIMO Produktions- und Vertriebs GmbH eh concludes contracts with its contractual partners - even without reference in individual cases - exclusively on the basis of these General Terms and Conditions. Terms and conditions of a contractual partner that deviate from this only apply if a separate written agreement has been made. If such conditions are sent by the contractual partner, the contractual partner waives any resulting legal effects. The General Terms and Conditions remain valid even if individual provisions are ineffective.

2. The contracts are processed verbally, in writing and via the online shop and these general terms and conditions apply.

3. Any cancellation, addition or modification of the General Terms and Conditions or of contracts between PIMO Produktions- und Vertriebs GmbH eh and contractual partners require the written form to be valid. This also applies to the waiver of the written form requirement.

4. The contractual partner acknowledges that PIMO Produktions- und Vertriebs GmbH Persons attributable to eh are not authorized to make declarations that are not covered by these General Terms and Conditions or other declarations by PIMO Produktions- und Vertriebs GmbH anyway, go off.

5. Oral declarations are only effective to the extent that they are made by PIMO Produktions- und Vertriebs GmbH must be confirmed in writing by the company anyway.

6. The General Terms and Conditions apply to consumers within the meaning of the Consumer Protection Act insofar as they do not contradict mandatory law.

7. These General Terms and Conditions also apply to all future transactions unless the contractual partners expressly agree otherwise in writing.

 

II. Conclusion of contract

1. Offers from PIMO Produktions- und Vertriebs GmbH eh are generally subject to change and remain valid even after the contractual partner has received a statement on this matter PIMO Produktions- und Vertriebs GmbH Can be changed or revoked anyway. All information in the online shop brochures, circulars, catalogs, advertisements, price lists, etc. are also non-binding.

2. Technical, color and shape changes or deviations from specifications of all kinds must be accepted by the contractual partner without any right to a price change, provided they do not contradict the intended use.

3. All of PIMO Produktions- und Vertriebs GmbH Unless otherwise expressly stated, the prices mentioned above are inclusive of sales tax and do not include any costs for the introduction. If the wage costs change due to collective agreement regulations in the industry or internal company agreements as well as other costs relevant to the calculation or costs necessary for the provision of the service (material, energy, transport, external work, financing, etc.), this is the case PIMO Produktions- und Vertriebs GmbH  anyway entitled to adjust the prices accordingly.

4. The customer places the goods in the virtual shopping cart and goes through the electronic ordering process and makes a binding contract offer to the seller using the final button. The same applies if the seller receives an email with an offer or order from the buyer.

5. PIMO Produktions- und Vertriebs GmbH eh can accept offers from major customers within 7 working days. The period for accepting the offer begins when it arrives on the server PIMO Produktions- und Vertriebs GmbH eh

6. The listing of the products in the online shop does not constitute a legally binding offer PIMO Produktions- und Vertriebs GmbH anyway, but is considered a non-binding online catalog. If the ordering process with the products in the shopping cart is sent by the contractual partner, he is placing a binding order. An automatic email confirms the order and the purchase contract is then considered accepted. If the contractual partner pays via Paypal, the contract is concluded with the payment instruction to Paypal.
If you use the Sofortüberweisung payment method, the contract is concluded at the time the payment instruction is confirmed to SOFORT AG.

7. The contract can be concluded in German or English.

III. right of withdrawal

1.The buyer has the statutory right of withdrawal of 14 days.
2.See the cancellation policy for more details.

IV. Shipping

1. Shipping Terms
Delivery takes place to Austria, Germany, Europe & the world via our logistics partner DHL or POST.

2. The dispatch takes place after receipt on the server PIMO Produktions- und Vertriebs GmbH anyway within the following 6 working days.

3. Shipping costs (including statutory sales tax)
2.1 A flat rate of €4,95 per order will be charged for shipping in Austria. Shipping in Austria is free for orders over €99,00.

2.2 Cash on delivery costs an additional €4,95.

2.3 DHL Express shipping costs at a glance:

from Monday to Saturday up to 31 kilos € 19,95
before 9 a.m. + 14,95 EUR
before 10 a.m. + 6,95 EUR
before 12 a.m. + 0,00 EUR
from 17 p.m. to 22 p.m. + 19,95 EUR
Sunday and public holiday delivery EUR 34,95

2.4 Shipping to countries outside of Austria is only possible against advance payment, Paypal, credit card or instant bank transfer.

 

V. Delivery, performance, transfer of risk, default

1. Place of performance for all of PIMO Produktions- und Vertriebs GmbH eh and its contractual partners are located at Währinger Straße 39/1/16, 1090 Vienna, Austria.

2. The information provided by the contractual partner regarding their data is considered the delivery address unless otherwise agreed. The contractual partner bears the return costs for an undeliverable delivery. However, this does not apply if the contractual partner effectively exercises his right of withdrawal if the buyer is not responsible for the reason that led to the return or if he was justifiably prevented from accepting the service.

3. Regardless of the delivery clauses in accordance with country-specific “Terms and Conditions”, the risk – even in the case of partial deliveries – is transferred to the contractual partner when the goods leave the distribution warehouse PIMO Produktions- und Vertriebs GmbH eh leaves; The goods were picked up at PIMO Produktions- und Vertriebs GmbH If agreed anyway, this already applies to delivery on time.

4. A delivery date or a delivery period is only binding if the obligation was expressly stated as such when the contract was concluded.

5. If a service or delivery is delayed by one of PIMO Produktions- und Vertriebs GmbH In any circumstance that is not our fault, the service or delivery time will be extended appropriately, even without separate explanations PIMO Produktions- und Vertriebs GmbH eh has to be responsible for legal consequences of whatever kind - even if PIMO Produktions- und Vertriebs GmbH eh, for his part, is already in default with other obligations; if the execution of the order is made unreasonably difficult PIMO Produktions- und Vertriebs GmbH eh entitled to withdraw under the exclusion of claims for damages.

6. In the event of default caused by PIMO Produktions- und Vertriebs GmbH eh, the contractual partner can either demand fulfillment or declare withdrawal after a reasonable grace period of at least four weeks set in writing - with reference to the legal consequences.

7. To the extent legally permissible, claims for damages - but at least in the case of slight negligence - are due to a delay on the part of PIMO Produktions- und Vertriebs GmbH  Excluded anyway.

8. If delivery or service is impossible, all contractual obligations expire. Is the impossibility - but also a delay in delivery or service - due to non-delivery or late delivery by a supplier PIMO Produktions- und Vertriebs GmbH In any case, the contractual partner is not entitled to any claim for damages.

9. PIMO Produktions- und Vertriebs GmbH eh is entitled to make partial deliveries and also to issue partial invoices.

10. Any externally visible damage or shortages in delivered goods must be noted in writing by the recipient upon acceptance, otherwise there will be a loss of rights; acceptance cannot therefore be refused.

11. If the contractual partner does not accept the contractual goods or services at the right place or at the right time, PIMO Produktions- und Vertriebs GmbH You can also withdraw from the contract with a grace period of 14 days. In case of imminent danger, PIMO Produktions- und Vertriebs GmbH eh, at their discretion, carry out storage or recycling “in the best possible way” at the expense and expense of the contractual partner, without becoming liable for compensation.

 

VI. Payment, late payment and offsetting

1. Unless the contract provides otherwise, the entire fee is due immediately upon ordering without any deductions; a cash discount is not permitted. Discounts of any kind granted in individual cases, including cash discounts, do not give rise to any claims by the contractual partner to the granting of the same in the future. The contractual partner may not use his claims against claims from PIMO Produktions- und Vertriebs GmbH. calculate. Payments can be made PIMO Produktions- und Vertriebs GmbH eh - regardless of their dedication - can be credited towards their outstanding claims at their own discretion.

2. Payment options for domestic and international:

a. Advance payment by bank transfer: IBAN/BIC to our account. Once our account has been fully credited, we will ship the order.
b. PayPal: Shipping after receipt on PayPal account
c. Instant transfer: IBAN/BIC receive PIN and TAN. (only applies to orders from the following countries: Belgium, Netherlands, Austria, Switzerland)
d. Credit card: Shipping will take place upon debit

3. The price does not include transport costs. These are displayed at the end of the ordering process before payment for the respective shipping location. These can also be found in advance in the respective list of shipping costs on the homepage. See shipping costs above.

4. Late payment occurs automatically without a separate declaration. Interest on arrears is agreed at a rate of 4 percentage points above the 3-month Euribor pa; Any greater damage must be compensated.

5. In the event of default, the contractual partner is obliged to pay all PIMO Produktions- und Vertriebs GmbH Any dunning and collection costs incurred, including the costs of a lawyer or debt collection agency, to the extent that they are necessary for appropriate legal prosecution. Provided PIMO Produktions- und Vertriebs GmbH  Before carrying out the dunning process itself, the contractual partner undertakes to pay an amount of EUR 14,00 per reminder and an amount of EUR 4,80 per half-year for keeping records of the debt in the dunning process.

6. Unless mandatory legal provisions conflict with this, the contractual partner has a right of retention or lien on the goods or works of PIMO Produktions- und Vertriebs GmbH anyway not too.

 

VII. Retention of title

1. Until full, unconditional payment of all claims from PIMO Produktions- und Vertriebs GmbH eh from deliveries of goods including interest and costs as well as until all other current and future financial obligations of the contractual partner have been fully fulfilled, the delivered goods or works (in short: reserved goods) remain the unrestricted property of PIMO Produktions- und Vertriebs GmbH eh. The contractual partner must, at his own expense, take all actions that are necessary to establish and maintain the retention of title.

2. A sale of the reserved goods or encumbering them with third-party rights of whatever kind is only possible with the express consent of PIMO Produktions- und Vertriebs GmbH permissible anyway. In any case, the contractual partner must inform its customers of the retention of title PIMO Produktions- und Vertriebs GmbH anyway to point out. The consent expires automatically in the event of insolvency or execution. Regardless of this, the contractual partner hereby irrevocably offers all resulting claims in the event that the reserved goods are resold PIMO Produktions- und Vertriebs GmbH eh to assign for satisfaction on account of payment. PIMO Produktions- und Vertriebs GmbH eh can accept this offer of assignment at any time without a time limit if the contractual partner bears the costs and is entitled to collect.

3. In the event of a seizure or other claim on the delivered reserved goods, the contractual partner is obliged to notify us at his own expense PIMO Produktions- und Vertriebs GmbH eh and to protect their property. In the event of non-payment of a due claim, suspension of payments, execution on reserved goods or the declaration of insolvency, the contractual partner has all reserved goods immediately PIMO Produktions- und Vertriebs GmbH eh to put back; The withdrawal of the same is not to be equated with a withdrawal from the contract unless a statement to the contrary is made. If the reserved goods are from PIMO Produktions- und Vertriebs GmbH If the goods are separated out anyway, they can store them at the contractual partner's expense and risk.

VIII.Warranty

1. Unless special agreements are made, the statutory warranty period applies. She begins to run with the transition of danger. If a joint acceptance of the goods has been agreed, the warranty period begins with the acceptance of the goods. However, if joint acceptance does not take place no later than 5 days after the transfer of risk, the warranty period begins with the transfer of risk.

2. Defects or missing parts are reported within eight days PIMO Produktions- und Vertriebs GmbH beforehand by means of a registered letter - with immediate cessation of any processing - otherwise the goods are deemed to have been accepted unconditionally, properly and free of defects; In the case of obvious defects, this period runs from the time of transfer of risk and, in the case of hidden defects, from the moment they are discovered. Open defects must be reported immediately upon acceptance.

3. The person who was legally informed of a defect PIMO Produktions- und Vertriebs GmbH eh can fulfill its warranty obligation at its discretion as follows:

a. Addendum of what is missing;
b. Repair of the goods on site;
c. Request to return the defective goods or defective parts and repair PIMO Produktions- und Vertriebs GmbH eh or another of PIMO Produktions- und Vertriebs GmbH eh designated place;
d. replacement of the defective goods;
e. Replacement of the defective parts of the goods or
f. reasonable price reduction.

Make further commitments PIMO Produktions- und Vertriebs GmbH Anyway, not within the scope of the warranty – as far as legally permissible.

4. The repair or replacement is of PIMO Produktions- und Vertriebs GmbH Anyway, the date should be announced at least 8 days in advance. If the contractual partner - without having previously objected to the appointment - is not present for reasons for which he is responsible or if he has made the repair or replacement difficult or impossible through unauthorized action, this is deemed to be a waiver of warranty claims.

5. The guarantee of PIMO Produktions- und Vertriebs GmbH eh is excluded if the contractual partner does not comply with the instructions or any operating conditions of when setting up or using the goods PIMO Produktions- und Vertriebs GmbH eh, the defect was caused by the contractual partner or third parties or they carried out manipulations or repairs on the goods or the work.

6. The warranty also only applies to defects that occur under normal use in compliance with the respective operating conditions. Wear parts only have a service life that corresponds to the current state of the art.

7. In the absence of a separate agreement and to the extent permitted by law PIMO Produktions- und Vertriebs GmbH In any case, there is no guarantee for changes or modifications to old or non-company goods or for the delivery of used goods.

 

IX. Damages

1. Liable in the event of compensation PIMO Produktions- und Vertriebs GmbH anyway only for intent or gross negligence. Liability for slight negligence is excluded; as well as compensation for consequential and financial losses, loss of interest as well as damages from third-party claims against the contractual partner.

2. In the event of gross negligence, liability for damages is also limited to 10 times the gross amount of the goods delivered that caused the damage. Liable within the scope of the Product Liability Act PIMO Produktions- und Vertriebs GmbH eh as well as its suppliers and sub-suppliers are not liable for material damage suffered by an entrepreneur within the meaning of the Product Liability Act.

3. In the event of a resale, the contractual partner is further obliged to transfer this agreement and the resulting obligations to his purchaser and to inform him about proper use and the relevant accident prevention regulations.

 

X. Choice of law and place of jurisdiction

1. For everyone in between PIMO Produktions- und Vertriebs GmbH eh and its contractual partner and all claims arising from the legally effective existence or non-existence of these contracts, the application of substantive Austrian law is agreed, excluding the provisions of Austrian international private law and those of the UN Convention on Contracts for the International Sale of Goods.

2. As the exclusive place of jurisdiction for all legal disputes arising from a contract concluded or to be concluded on the basis of these conditions PIMO Produktions- und Vertriebs GmbH eh and their contractual partner will agree on the relevant court responsible for Klagenfurt. PIMO Produktions- und Vertriebs GmbH However, eh can also sue the contractual partner at another domestic or foreign place of jurisdiction.

 

XI. Data processing

1. In the course of the IT process, all data of the contractual partners relevant to the business relationship is stored taking into account the data protection law. PIMO Produktions- und Vertriebs GmbH eh is entitled to store, process and pass on this data to third parties.

2. The contractual partner is obliged to PIMO Produktions- und Vertriebs GmbH eh to announce changes to his residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If notification is omitted, declarations are deemed to have been received even if they were sent to the last announced address.

 

XII.Other provisions

1. If provisions of the agreement made are not or become legally effective or there is a gap in the regulations, the remaining provisions remain in effect. Instead of the invalid provision or to fill the gap, an appropriate regulation is deemed to have been agreed which comes closest to the hypothetical will of the contracting parties or which would have been agreed in accordance with the meaning and purpose of the agreement made if the point had been taken into account.

2. PIMO Produktions- und Vertriebs GmbH eh may transfer its rights and obligations in whole or in part to third parties at any time; A transfer by the contractual partner is only possible with the consent of PIMO Produktions- und Vertriebs GmbH permissible anyway.

3. The legal remedy of canceling the contract due to shortening by more than half is excluded.