|All offers, orders and deliveries are based on the following generel terms and conditions. Particular variations are only possible after written agreement.|
|Conclusion of the contract and rescission|
|MSV GmbH receives the order of the customer to the conditions of the site. In the case of writing, printing or calculation errors on the website MSV GmbH is entitled to withdraw. |
The product display in the online store does not constitute a legally binding offer but is rather a noncommittal online catalogue showing the product line. By clicking the ‘Send Order’ button, customers agree to buy the goods in the cart, and this order is legally binding. The customer receives an order confirmation immediately after the order is transmitted. Alternatively, we may also confirm the order by sending a separate email or by initiating the product delivery.
You have the right to cancel this contract within 14 days without giving any reason.
You can also electronically fill in and submit the model cancellation form or any other clear statement on our website "Online Cancellation Form". If you use this option we will communication to you an acknowledgement of receipt of such a cancellation on a durable media (e.g. by e-mail) without delay.
|Consequences of resignation|
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
|Exclusion of the Cancellation policy|
The right to cancel does not apply to the following kind of contracts:
You can pay optionally per Payment in Advance, SOFORT Überweisung, credit card (VISA or MasterCard) or PayPal.
|In the case of no other agreement, the delivery will be send ex stock to the address given by the purchaser.|
|Payment date and delay|
|The purchase price becomes due to the order. The purchaser can pay the purchase price in the particular chosen method of payment. In the case of delay by the purchaser, MSV GesmbH is entitled to demand 12% default interest p.a. due to the published base rate by the austrian national bank. In the case of a higher verifiably damage caused by delay, MSV GesmbH is entitled to assert that.|
|To be entitled for charging by the purchaser is only possible, when his counterclaim become final or is accepted by MSV GesmbH. Furthermore the purchaser will be only authorized´to qualify the right of retention as the same counterclaim he has based on the contractual relationship.|
|Warranty and liability|
|If there is an apparent defect of the good, MSV GesmbH is entitled for remedial action or a replacement of it's own choice. If MSV GesmbH isn't about to do remedial action/replacement or isn't in a positon or is delayed over a reasonable time caused by reasons which MSV GesmbH can justify, or remedial action/replacement fails caused by other reasons, the purchaser is entitled to withdraw from the contract or to ask for an abatement of the purchase price at his own choice. |
Unless otherwise agreed as following, the purchaser isn't qualified for anything regardless of which legal grounds. In cause of that MSV GesmbH takes no responsibility for any damage, which isn't caused on the delivery item itself. Particulary MSV GesmbH takes no responsibility for loss in profit or any other financial losses of the purchaser. Unless the liability of MSV GesmbH is excluded or limited, applies that to personal liability of employees, representatives and servants too.
The limitation of liability doesn't apply as aforesaid if the cause of damage is based on intention or gross negligence. In addition the limitation of liability doesn't apply too if the purchaser assert a claim according to §§ 1, 4 product liability law, claims in cause of nonexistence warranted characteristics or claims for damages caused by non-performance according to §§ 463, 480 paragraph 2 BGB. The same applies caused by primary disability or justifiable impossibility.
If MSV GesmbH blashes an important contract duty negligently, the duty of replacement for property damage or personal injury is limited to the typical resulting damage.
The warranty period takes six months ex transfer of perils. This time will be a period of limitation and applies for claim for compensation of consequential harm caused by defects as far as no claim in tort will be done.
Deficiencies have to be reported immediatly to MSV GesmbH within the warranty period. Goods can be only send back freight paid by the acceptance of MSV GesmbH. Goods for repair beyond the warranty time can be only send freight paid exclusively too.
Minor colour differences between the original and the catalogue picture couldn't be claimed as a deficiency. Transport costs by customer in the case of rightless deficiencies.
|Applicable law and jurisdiction|
|Austrian law is valid to the exclusion of the UN-purchase law. Vienna is the exclusive jurisdiction for all claims in business connection. MSV GesmbH is entitled to take legal action at the purchasers normal forum too.|
|If single parts of this general terms and conditions shouldn't take place, the other ones aren't affected by that and similiar relevant terms will become legal. |