TERMS AND CONDITIONS
§1 SCOPE OF VALIDITY
- From 1st November 2015, business relations between SK-X® optical solutions GmbH (hereafter SK-X®) and opticians in the optical ski goggles network have been exclusively regulated by the general terms and conditions below.
- Opticians in the network recognise the exclusive applicability of the terms and conditions of SK-X® to overall business relations. SK-X® does not recognise divergent terms of network opticians except where SK-X® expressly assents to their validity in writing. Where an optician enters into a business relationship with SK-X® by registering on an SK-X® web site, the optician accepts the general terms and conditions as the basis of the entire relationship with SK-X®.
§2 CONCLUSION AND TERMINATION OF A CONTRACT
- The depiction of products on the web site b2b.sk-x.eu serves to simplify the ordering process; it constitutes neither a legally binding offer nor a binding online catalogue. The optician submits a binding order by clicking the button ‘Confirm order’. As soon as an order is submitted, receipt of the order is confirmed with an automated email. No contract is yet concluded at this point: a contract only comes into effect when the optician receives confirmation of dispatch and the products ordered are shipped by SK-X®.
- In the event that SK-X® is unable to accept an order from an optician or certain ordered products are no longer available, the optician will be notified at once.
- SK-X® shall be entitled to rescind the contract where typographical errors, misprints or miscalculations appear on the web site.
- The optician shall have the right to withdraw from the contract without stating reasons within 30 working days (not counting Saturdays). The notice of withdrawal period begins on the day the goods arrive at the premises of the optician. Submitting a notice of rescission within the period shall be sufficient.
- Where an optician withdraws from the contract, SK-X® will refund payments made by the customer within 14 days. At the request of the optician, the purchase price may also be credited towards another order.
- The immediate costs of returning goods are met by the optician.
Any returned goods must be sent to the following address:
SK-X® optical solutions GmbH
- Where a supplier of SK-X® fails to supply goods ordered despite their contractual obligation, SK-X® shall also be entitled to rescind the agreement. In this case, the optician will be informed immediately that the product ordered is not available.
- Products assembled to specific requirements are intended for the personal use of individual customers and are not sold via online stores. In ordering a product assembled to customer requirements, the optician agrees to accept sole responsibility and to indemnify SK-X® from any claims of third parties. In confirming the order and checking the notification box, the optician confirms that they have explained the usage of optically glazed ski goggles to the customer.
- Unless otherwise agreed, delivery will be made to the address provided by the optician.
- Deliveries are made by parcel delivery service or the Austrian postal service.
- SK-X® delivery times as stated in the order confirmation, dispatch confirmation, on the web site or quoted verbally are non-binding. SK-X® makes every effort to expedite deliveries.
- Where a delivery cannot be made to an optician because the optician is not found at the specified delivery address, the customer shall bear the costs of the failed delivery or the return shipment to SK-X®.
- Deliveries are ex warehouse, which is also the place of performance for deliveries. The risk transfers to the customer on handover to the supplier (and at the latest when the goods leave the warehouse). The risk also transfers to the customer where the customer is in default of acceptance or the dispatch is delayed on account of circumstances for which the customer is responsible.
- Where a customer refuses goods they have ordered and which are delivered on time by SK-X® without cancelling the order in writing beforehand, SK-X® shall levy a fee of €80.
- SK-X® is not responsible for delays in supply and performance caused by force majeure. Incidents of force majeure entitle SK-X® to postpone delivery for the period of the impediment and for a reasonable period thereafter, or to completely or partially withdraw from the contract on account of the non-fulfilled element of the contract. Force majeure includes industrial action, natural disaster, war, embargo, import and export bans and other official interventions, regardless of whether these affect SK-X® or a supplier of SK-X®.
- We undertake to inform the optician without delay of any incident of force majeure that will preclude a forthcoming delivery.
§4 DUE PAYMENTS, DEFAULT
- All SK-X® product prices are quoted in euros and are inclusive of statutory VAT. Deliveries to eurozone countries outside of Austria are shipped exclusive of VAT in line with ‘other intra-community services’. Prices for shipments to Switzerland are shown in Swiss francs. Applicable customs tariffs must be paid by the optician. The invoiced amount must be transferred in Swiss francs to the Swiss account of Sehkraft SK-X® held at the Bank für Tirol und Vorarlberg. Prices at the time of ordering are those shown in the information brochure of SK-X®.
- The purchase price is due within 10 days of receipt of the invoice. Opticians with existing SEPA direct debit authorisations pay invoices via SEPA transfer.
- Payments may only be transferred to the SK-X® accounts indicated on the invoice, with no deductions. Without exception, unauthorised deductions will be recovered subsequently.
- Where an optician delays payment, SK-X® shall be entitled to claim interest on arrears of 5% above the annual base rate stipulated by the Österreichische Nationalbank.
§5 OFFSETTING AND RETENTION
- The optician shall only be entitled to offset where their counterclaims are legally established or recognised by SK-X®. The optician shall only be entitled to exercise a right of retention where their counterclaim is based on the same contractual relationship.
§6 RETETION OF TITLE
- All of our deliveries and services are subject to retention of title. The goods supplied remain the property of SK-X® until all claims against the optician are settled in full.
- The guarantee period conforms to the legal provisions and currently amounts to two years, starting from the time of goods receipt.
- Claims against SK-X® arising from manufacturer warranties exceeding the guarantee claims are excluded to the extent permitted by law. The customer shall only be entitled to assert claims based on a manufacturer warranty against the manufacturer that authorised the guarantee.
- The guarantee does not cover normal wear and tear through usage.
- Where SK-X® is responsible for a defect in the purchased item, SK-X® shall be entitled to choose whether to remedy the defect or supply a replacement. Where SK-X® is unwilling or unable to remedy the defect or supply a replacement, or if this should be delayed beyond reasonable time limits due to reasons for which the company is responsible, or should the attempt at remedy or replacement fail for whatever reason, the optician shall be entitled to choose to withdraw from the contract or demand an appropriate reduction in the purchase price.
- Where a warranty claim arises, the optician may return the goods to the specified contact address. If it subsequently emerges that there is no defect in the goods that falls under warranty, SK-X® will charge the expenses incurred to the optician.
- The refunding of consequential damage (due to a defect), other material damage, financial loss and third-party damage to the optician, unless a transaction is a consumer transaction, is excluded.
- Claims by the optician against SK-X® other than those warranty claims regulated in §7, and in particular compensation claims, are excluded to the extent permitted by law. SK-X® is therefore has no liability for damage not directly affecting the item of sale, and in particular no liability for loss of profit and other financial loss incurred by the optician. Where the liability of SK-X® is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
- The limitation of liability deriving from §8 section 1 shall not apply where the cause of damage is intentional action or gross negligence.
- SK-X® is not liable for ensuring the web site is accessible without interruption or for ensuring stored data is retained.
§9 LINKS AND REFERENCES
Links to external pages incorporated by SK-X® are merely references to such sites and therefore take the form of external links in separate browser windows. SK-X® does not identify with the content of these pages and accepts no liability for such pages.
§10 DATA PROTECTION
- Employees of SK-X® are subject to obligations of secrecy as defined in the Data Protection Act. The optician accepts that data supplied when making an order is stored and processed so that SK-X® can use it for the purposes of order processing, accounting and customer documentation. Customer data will not be passed to third parties unless this is essential for contract processing. Contractual partners of SK-X® are similarly obliged to comply with data protection regulations.
- The customer explicitly consents to the management, processing and usage of personal data as part of contract processing.
§11 DUTIES TO INFORM
In the event of changes to corporate data (specifically to a name, address, company type, VAT number, email address or telephone number), the optician is obliged to inform SK-X® without delay by amending these details.
§12 APPLICABLE LAW AND PLACE OF JURISDICTION
Unless inconsistent with mandatory legal provisions, all legal transactions between SK-X® and the optician shall be governed exclusively by Austrian law. The place of jurisdiction shall be Vienna Commercial Court.
§13 SEVERABILITY CLAUSE
In the event that individual provisions in this contract are or become ineffective or unenforceable during or after the term of the contract, this shall not affect the effectiveness of the remaining provisions. The ineffective or unenforceable provision shall be replaced with an effective and enforceable regulation corresponding as closely as possible to the commercial purpose pursued by the parties to the contract through the original ineffective or unenforceable provision. The foregoing regulations shall apply correspondingly in the event of gaps or omissions in the contract.