Terms of Morri & More GmbH (CEO Morri Peter ) for all legal transactions between Morri & More GmbH e.h. and the customer / other parties (“contractor or buyer or customer”)
I. General – Scope
1. Morri e.h. concludes contracts with its contractual partners – without reference in the case – subject to these General Terms and Conditions. Differing conditions of a contractual partner are only valid if there exists a separate written agreement. If such sending of conditions of the contractor, these omitted arising there from legal effects. The terms and conditions remain valid even with any possible invalidity of any other parts of terms.
2. The contracts can be agreed in oral, written, and processed through the online store and apply for this these Terms and Conditions.
3. Any waiver, amendment or modification of the terms and conditions or of contracts between Morri e.h. and contractors require for their validity the written form. This also applies to the waiver of this written form requirement.
4. The contractor acknowledges that Morri e.h. attributable persons are not authorized to make statements that deviate from these terms and conditions or other statements of Morri e.h..
5. Oral explanations are only valid if they are confirmed by Morri e.h. duly writing.
6. For a consumer under the Consumer Protection law, the terms and conditions apply insofar as they do not contradict mandatory law.
7. These Conditions also apply to all future transactions, to the extent the parties explicitly and in writing agreed to the contrary.
1. Offers of Morri e.h. are basically subject to confirmation and after receiving the opinion of the contracting party to this Morri e.h. are amendable or revocable. All information in the online shop brochures, circulars, catalogs, advertisements, price lists, etc. don’t bind.
2. Technical, colour and form appropriate changes or deviations from specifications of all kinds are to be accepted by the contractor without the right to price change, provided they do not run counter to the intended application.
3. All prices quoted by Morri e.h. are, unless otherwise expressly stated, include tax and do not include costs of introduction. Should the cost of labour, contractual regulations in the industry or in-house financial statements and other information relevant to the calculation costs or necessary for the achievement production costs (material, energy, transportation, foreign work, financing, etc.) change, so Morri e.h. is entitled according to price adaptions.
4. The online customer puts the goods in the virtual shopping case and passes through the electronic ordering process and concludes with the final button a binding offer to the seller. The same applies when an email is present the seller with an offer or order of the buyer.
5. The seller can accept within 7 working days the buyer’s offer. The period of acceptance of the offer begins with receipt on the server of Morri.
6. A list of the products in the online shop is not legally binding Morri e.h., it is an Online Catlogue without obligation. If an order is submitted by the contractor with the products from the cart, he gives a binding order. An automatic email confirms the order and then applies the purchase agreement as accepted.
If the other party pays via Paypal, the contract is already concluded with the payment instruction to Paypal.
With the payment immediate bank transfer the contract is concluded at the time of confirmation of payment instruction to the IMMEDIATELY AG.
7. The contract may be settled in either German or English.
1. Shipping policy
Delivery is made to Austria, Germany, Europe & the world by our logistics partner DHL.
2. The dispatch takes place after receipt at the server of Morri e.h. within the next 6 working days.
3. Shipping costs (including VAT)
2.1 For shipping in Austria a total amount of € 2.95 per order will be charged. From an order value of over € 99.00 the shipping in Austria is free of charge.
2.2 For cash on delivery plus. € 3.60 is.
2.3 Shipping costs DHL Express at a glance:
from Monday to Saturday up to 31 kg € 19.95
before 9am + 14.95 EUR
before 10am + 6.95 EUR
before 12pm + 0,00 EUR
17-22 am + 19.95 EUR
Sunday and holiday delivery 34.95 EUR
2.4 Shipping to countries outside of Austria are possible only after payment, Paypal, credit card or immediate bank transfer.
IV. Delivery, performance, transfer of risk, delay
1. Place of performance for all of Morri e.h. and its contractors to fulfilling obligations is Haimburg 85, 9111 Haimburg, Austria.
2. The specification of the buyer to his data is regarded as delivery address, unless otherwise agreed. The buyer bears the return costs for undeliverable delivery. This does not apply when the buyer takes his right of withdrawal when the buyer is not responsible for the reason that has led to the return, or if he was entitled to prevent the acceptance of the service.
3. Notwithstanding the terms of delivery under country-specific “Terms and Conditions” the risk – even for partial deliveries – runs over then the contractual partner when the goods leave the warehouse of Morri e.h.; this is already the case for the collection of the goods what has been agreed with Morri e.h., with on-time deployment.
4. A delivery date or a delivery period is only binding when the liability was expressly stated in the contract as such.
5. If a service or delivery is delayed by an Morri e.h. involuntary circumstance, the performance or delivery period shall be extended even without special declarations, without any legal responsibility by law of Morri e.h. – this even if MORRI E.H. in turn is already with other obligations in delay; at undue aggravation of execution Morri e.h. is entitled to withdraw the exclusion of claims for damages.
6. In culpably delay of Morri e.h., the contractor may request after a writing, reasonable, at least four weeks set deadline either fulfillment or withdrawal.
7. To the extent permitted by law, claims for damages due to a delay on the part excluded from Morri e.h. are suspended.
8. At impossibility of delivery or performance void all contractual obligations. If the impossibility – but also a delivery or service delay – through non-delivery or late delivery of a supplier of Morri e.h. conditionally, the contractor does not claim compensation for any case.
9. Morri e.h. is entitled to make partial deliveries and also to put even partial invoices.
10. Externally visible damages or shortages in the goods supplied are determine in writing by the byer in the takeover in other legal loss; acceptance may therefore not be refused.
11. If the contractor does not take the contractual goods or services not in the right place or the right time, Morri e.h. may rescind the contract under a grace period of 14 days. Case of imminent danger Morri e.h. may elect to provide a storage or utilization “best” make the bill and costs of contractors, without being liable to pay compensation.
V. Payment, Arrears and Compensation
1. Unless the contract otherwise provides, the entire fee is due immediately in order without deduction; a discount is inadmissible. In individual cases, given discounts of all kinds including discounts no claims by the contractor to justify future granting same. The contractor may not offset against claims of Morri e.h. with his demands. Morri e.h. can offset payments Irrespective of their allocation – free choice towards their outstanding debts.
2. Payments for Austria and abroad:
a. Payment by bank transfer: IBAN / BIC to our account. After complete credited to our account we will ship the order.
b. PayPal: dispatch of receipt on PayPal account
c. immediate bank transfer: IBAN / BIC receive PIN and TAN. (Only valid for orders from the following countries: Belgium, Netherlands, Austria, Switzerland)
d credit card: When loading is sent
3. The price includes no transport costs. These appear at the end of the ordering process, before payment of the respective shipping point. The costs can be seen also in the respective list of the shipping costs on the homepage.
4. The delay in payment occurs without separate declaration by itself. Interest shall be added in the amount of 4 percentage points over the 3 month Euribor p.a. agreed; a possible higher damage has to be replaced.
5. The contractor is obliged to replace in the event of delay, all Morri e.h. expenses for reminders and collection costs, including the costs of a lawyer or collection agency, if they are necessary for appropriate legal action. If Morri e.h. the dunning process itself, the other party to pay a price of EUR 14.00 and for keeping track of the obligation in reminders every six months, an amount of EUR 4.80 per reminder committed.
6. Unless there are legal requirements, the contractor is not entitled to a right of retention or lien on the goods of MORRI E.H..
VI. Retention of title
1. Until the full, unconditional payment of all claims of Morri e.h. from deliveries of goods including interest and costs, as well as to the complete fulfillment of all other current and future financial obligations of the contractor, the goods or works delivered remain (in short: reserved goods) in the unrestricted ownership of Morri e.h.. The contractor has to put on his own at his expense all the actions that are necessary to establish and maintain the reservation of ownership.
2. A sale of the goods or burden them with third-party rights whatsoever without express is only allowed by approval of Morri e.h.. The contractor has to advise in any case the buyers the right of ownership of Morri e.h.. The agreement will terminate automatically in the event of insolvency or enforcement measures. Regardless provides the contractual partner herewith in the event of resale of the reserved goods irrevocably assign all resulting claims of Morri e.h. to the satisfaction of payment. Morri e.h., this assignment statement of intent at any time without any time limit take in of costs by the other party and is entitled to collect.
3. In case of seizure or other use of the reserved goods delivered to, the other party is obliged at its expense to the common understanding of Morri e.h. and safe the property. In the case of non-payment of an outstanding receivable, suspension of payments, the execution of a conditional commodity or its bankruptcy declaration of the contractor shall replace all reserved goods immediately Morri e.h.; the withdrawal there of without otherwise statement does not equate to a cancellation of the contract. If the goods of Morri e.h. discarded, it may apply a storage at the expense and risk of the contractor.
1. Unless otherwise specifically agreed to be taken, the statutory warranty period applies. It starts with the passing of risk. If a joint inspection of the goods is agreed, the warranty period begins with the acceptance of the goods. If not later than 5 days after transfer of risk, the common acceptance, the warranty period begins with transfer of risk.
2. Defects or missing parts are by registered letter within eight days at Morri e.h. receiced with the immediate cessation of any processing – to complain, otherwise the goods without reservation, otherwise properly and free of defects applies; that period shall run for obvious defects after transfer of risk and stealth from discover, upon acceptance open defects must be reported immediately.
3. The lack of a validly agreed Morri e.h. can meet their warranty obligations according to their choice as follows:
a. subsequent completion of omitted.
b. Repair the goods on the spot;
c. Call for return of the defective goods or the defective parts and repair on Morri e.h. or another Morri e.h. designated location;
d. Replacement of defective goods;
e. replacement of the defective parts of the product or
f. appropriate price reduction.
Additional obligations do not apply to Morri e.h. under warranty – if legally permissible.
4. The repair or replacement has to be known by Morri e.h. at least 8 days in advance. If the contracting party – without having the appointment objected previously – made to reasons for which he was not present at this or he has made difficult or impossible by unilateral action to repair or replacement, this shall constitute a waiver of the warranty claims.
5. The warranty of Morri e.h. is excluded if the contractor has not maintained during installation or use of the goods to the arrangements or possible operating conditions of Morri e.h., the defect was caused by the contractor or by a third party or these manipulations or repairs to the have made the goods or the work.
6. The warranty does further only apply for those defects that occur in compliance with the respective operating conditions in normal use. Wear parts have only the appropriate to the current state of the art life.
7. Unless otherwise agreed, where permitted by law assumes Morri e.h. does not take the warranty for reworking or modifying of old goods as well as non-operating goods, as well as delivery of used goods.
1. In the case of damages Morri e.h. is only responsible for intent or gross negligence. Liability for slight negligence is excluded; as the replacement of consequential or financial losses, loss of interest and damages from the claims of third parties against the contractor.
2. In the case of gross negligence, liability for damages is also limited to 10 times the whole price (everything included) of the delivered, caused the damage goods. Within the scope of the product liability law Morri e.h. as well as its suppliers not for property damage suffered by the contractor within the meaning of the Product Liability Act (B2B).
3. The contractor is also obliged in case of a following transfer to another contractor, this agreement and the obligations arising from this the following customer at a resale has to be warned of the expert use and the relevant accident prevention regulations.
IX. Law and Jurisdiction
1. For all between Morri e.h. and its co-contractor contracts concluded and all claims arising out of the legally effective existence or absence of these agreements, the application relevant Austrian law is agreed with exclusion of the provisions of the Austrian international private law and those of the UN Sales Convention.
2. Place of jurisdiction for all disputes arising from a contract concluded or to be concluded on the basis of these conditions contract between Morri e.h. and its contractors is the court in Klagenfurt Austria agreed. However Morri e.h. may sue the contractual partner at another domestic or foreign jurisdiction.
X. Data Processing
1. All relevant business datas of the contractor are stored in consideration of the Data Protection Act. Morri e.h. is entitled for storage, processing and dissemination of that information to third parties.
2. The contractor is obliged to inform Morri e.h. changes in his/her residential or business address as long as the legal transaction is not fulfilled by both parties. If the notification is not given, declarations shall also be deemed received if they were sent to the last known address.
1. The buyer has the statutory right of withdrawal of 14 days.
2. See further details in the revocation.
XII. Other provisions
1. If provisions of the agreement are not legally valid or present, or a loophole, the remaining provisions shall remain in force. Instead of the invalid provision or to fill the gap applies an appropriate regulation as agreed which comes to the hypothetical will of the parties or the next would have been agreed by the spirit and purpose of the agreement, if the point had been considered.
2. Morri e.h. may at any time transfer its rights and obligations in whole or in part to third parties; a transfer by the contractor is allowed only with the approval of Morri e.h..
3. The appeal of the cancellation of the contract due Laesio is excluded.