Terms of Service
These General Terms and Conditions of Hagleitner Hygiene Österreich GmbH, Lunastraße 5, A-5700 Zell am See, Austria, phone: +43 5 0456, fax: +43 5 0456-7777, e-mail: firstname.lastname@example.org, FN 229995d, UID: ATU56679204 apply as of 6 October 2020. All General Terms and Conditions published before this date are no longer valid.
1. Area of validity, contracting parties
1.1 These General Terms and Conditions ("GTC") apply as of the above date to all offers, deliveries and services of Hagleitner Hygiene Österreich GmbH ("Hagleitner"), including the sale of goods in the Hagleitner shop on the website www.xibudesigner.com (https://www.xibudesigner.com/en).
1.2 Hagleitner only concludes contracts in accordance with its own conditions. Deviating or additional conditions of the customer only apply if these have been expressly consented to in writing by Hagleitner.
The current version of the General Terms and Conditions is available for inspection at Hagleitner and can be viewed and accessed online at www.xibudesigner.com. By clicking on the link www.xibudesigner.com/agb/ the customer can download, save and print the General Terms and Conditions as a PDF file. Upon request, Hagleitner will send the General Terms and Conditions to the customer by post.
1.4 The products offered by Hagleitner are intended solely for entrepreneurs as defined in the Austrian Consumer Protection Act (KSchG) and not for consumers. A customer and contracting party with Hagleitner may only be an entrepreneur as defined in KSchG with registered office in Austria. An entrepreneur as defined in Section 1 KSchG is a person for whom the transaction is part of the operation of that person’s business. A business is any permanently established organization pursuing independent business activities, even if this organization does not intend to make a profit. Legal entities under public law are always considered to be entrepreneurs. The customer is obligated to confirm this capacity when registering for the Hagleitner webshop. Hagleitner has the right to request and obtain all necessary information about the customer's entrepreneurial status and registered office.
1.5 Should one of the provisions of these GTC be invalid, this provision shall be replaced by a valid provision which comes closest to the original provision in its commercial sense. The remaining provisions of these GTC shall remain effective in any case.
2. Conclusion of contract
2.1 The order placed by the customer is considered to be an offer to conclude a contract with Hagleitner.
2.2 As a result of an offer by the customer, the contract is only concluded after acceptance by Hagleitner, and no later than with the execution of the delivery or service.
2.3 Offers from Hagleitner as well as information in catalogues, brochures, price lists, etc., and on the website are not binding.
2.4 Conclusion of the contract in Hagleitner XIBU Designer
The prerequisite for ordering in Hagleitner XIBU Designer is an active webshop user account. • Step 1: The customer chooses the required XIBU side panels and places them in the shopping cart. • Step 2: By clicking on the button "Complete order", the Customer will be taken to the next page of the ordering process to review the order in the shopping cart. The items in the shopping cart can still be changed at this stage (quantity, delete items). • Step 3: Clicking on the button "Continue to delivery address/shipping method” allows the customer to select or add a delivery address • Step 4: Clicking on the button "Continue to order overview" then provides the customer with an overview of the order. • Step 5: The customer acknowledges the General Terms and Conditions and confirms this by ticking a checkbox. • Step 6: The customer sends the order by clicking on the button “Submit order”. • Step 7: The customer receives an order confirmation from Hagleitner by e-mail. • Step 8: After sending the order confirmation, the side panels are ordered from the producer and the customer receives an invoice from Hagleitner.
3. Retention of title
3.1 The goods transferred to the customer remain the property of Hagleitner until the purchase price has been paid in full along with all additional charges. Upon transfer of goods, however, the customer carries the risk of the accidental loss of the goods (price risk).
3.2 The customer does not have the right to dispose of and/or encumber the goods under retention of title unless previously agreed in writing.
3.3 The customer must inform Hagleitner promptly about the access of third parties to the goods under retention of title and about any damage to or loss of the goods.
3.4 If the goods under retention of title are pledged, the customer must promptly inform Hagleitner of this and take all necessary measures to achieve suspension of execution.
3.5 If insolvency proceedings are applied for or opened on the customer’s assets, Hagleitner – without affecting the validity of the contract if Hagleitner so chooses – has the right to demand surrender of and/or retrieve the goods subject to retention of title.
4. Prices, shipping costs
4.1 Prices are quoted inclusive of VAT and other taxes and duties, and exclusive of shipping costs.
4.2 The prices specified at the time of ordering apply. All information provided is subject to price changes before the order is placed, typographical errors, printing errors or technical changes.
4.3 In the event of a change in the statutory VAT rate, Hagleitner is entitled to adjust the prices accordingly when the change takes effect and to round final invoice amounts up to the nearest euro cent.
4.4 No shipping costs are due on orders placed in XIBU Designer.
5. Payment conditions; offsets and retentions
5.1 Hagleitner accepts the following payment methods: Bank transfer – direct debit – drafts and cheques.
5.2 The amount is payable after receipt of the invoice by the payment due date stipulated on the invoice, without any deduction and free of charges.
5.3 Hagleitner reserves the right to execute the order only in return for the provision of security or against prepayment. In this case, the customer is required to decide whether this is acceptable or to cancel the order.
5.4 The amount of interest on arrears is eight percent above the base rate. Default interest will be capitalised one month after the due date.
5.5 In case of a delay in meeting contractual obligations, the customer must reimburse Hagleitner for any reminder and debt collection costs, especially appropriate costs incurred due to the involvement of legal counsel.
5.6 If the customer is in default of payment by at least 14 days, Hagleitner may (i) insist on the fulfilment of contract and delay the fulfilment of its own services until the customer has met its obligations or (ii) may withdraw from the contract subject to a period of grace of at least seven days.
5.7 Offsetting and assertion of a right of retention by the customer are excluded.
6.1 When an order is placed, the customer will receive the goods from our delivery service – usually within 4–5 weeks. Hagleitner Selection side panels are delivered within 14 days. Other service provision deadlines and/or dates are only binding if these have been expressly agreement upon in writing.
6.2 The goods are delivered to the address specified by the customer.
6.3 Hagleitner has the right to make partial deliveries.
6.4 If Hagleitner is in default with the delivery of the goods for reasons for which Hagleitner is solely responsible, the customer shall be exclusively entitled to withdraw from the contract if Hagleitner fails to comply with a reasonable period of grace set by the customer, which must be at least two weeks.
6.5 Hagleitner is only required to execute the contractual obligations after the customer has fulfilled all of its obligations required for execution.
6.6 In the event of incorrect, incomplete or ambiguous information, the customer shall bear the cost of the unsuccessful delivery and any extra charges incurred.
6.7 If the customer is in default of acceptance, the risk of loss or damage to the goods is transferred to the customer.
6.8 If the customer causes a delay in acceptance, Hagleitner has the right to store the goods on its own premises at the customer’s expense and risk. Storage charges are invoiced at 0.5% of the gross invoice amount per started calendar day. The goods can also be stored at the customer’s expense and risk at a commercial enterprise authorized to do so. In addition, Hagleitner has the right to either insist on fulfillment of the contract or to withdraw from the contract and use the goods elsewhere after a suitable grace period of at least two weeks.
7.1 A warranty period of six months is deemed to be agreed. The customer must inform Hagleitner of a defect within two weeks of delivery or handover of the defective goods.
7.2 Hagleitner provides no guarantees in the legal sense. Manufacturer guarantees remain unaffected hereby.
8. Liability and compensation; period of limitation
8.1 Claims for cpmpensation by the customer are excluded in cases of slight negligence on the part of Hagleitner. This does not apply to personal injury. The customer must demonstrate the existence of slight or gross negligence.
8.2 Compensation for consequential damages and financial losses, lost profits, unattained savings and other indirect damages is excluded, unless mandatory law states otherwise. Hagleitner’s duty of replacement is limited to the sum of the payments made to Hagleitner by the customer on the basis of the contract concluded.
8.3 These conditions shall also apply if the customer’s claim for compensation is asserted in addition to or instead of a claim under warranty.
8.4 Unless a shorter period of limitation or preclusion applies by law, all claims against Hagleitner shall lapse if they are not asserted in court by the customer within six months of the date when the customer becomes aware of the damage and the damaging party or of the incident that otherwise gives rise to a claim, but at the latest after three years have lapsed since the conduct (infringement) causing the damage (giving rise to a claim).
9. Data processing
9.1 Hagleitner collects personal data necessary for the execution of the contract from the customer in observance of the applicable statutory provisions.
10. Place of performance, place of jurisdiction, choice of law and contractual language
10.1 The agreed place of performance is the registered office of Hagleitner.
10.2 For all disputes arising directly or indirectly from these General Terms and Conditions and a contract between Hagleitner and the customer, the Austrian court having jurisdiction over the registered office of Hagleitner shall have exclusive jurisdiction. However, Hagleitner is entitled to bring claims against the customer at any other court in Austria or abroad in the district where the customer has its registered office, a branch or assets.
10.3 These General Terms and Conditions and the contracts concluded between Hagleitner and the customer shall be governed exclusively by substantive Austrian law to the exclusion of the rules of conflict of laws (e.g. Rome Convention, Rome I-VO) and the UN Convention on Contracts for the International Sale of Goods.
10.4 The contractual language is German.
11. Change of address; copyrights
11.1 The customer is obligated to notify Hagleitner in writing of a change to its business address while a contract is not yet fulfilled by both sides. If the customer fails to notify Hagleitner, declarations are considered to have been delivered when they are sent to a more recently stipulated address.
11.2 Quotations, plans, sketches, technical documentation, catalogues, brochures, figures and the like shall always remain the intellectual property of Hagleitner. The customer shall not be granted any rights of use whatsoever.