General Terms and Conditions (GTC) – Mobos e.U.

  1. Scope
    1. These General Terms and Conditions (“GTC”) apply to all business relationships between MOBOS e.U., Herbert Schmid and their customers, even if in individual cases no express reference is made to the GTC when concluding the contract. Terms and conditions of the customer shall only apply if they have been expressly acknowledged in writing by MOBOS e.U., Herbert Schmid.
  2. Offer
    1. All offers and services provided by MOBOS e.U., Herbert Schmid for the customer are made exclusively on the basis of the following General Terms and Conditions. Changes, additions and ancillary agreements to these terms and conditions must be made in writing in order to be effective.
    2. Offers from MOBOS e.U., Herbert Schmid are subject to change. All offer and project documents may not be reproduced or made accessible to third parties without the consent of MOBOS e.U., Herbert Schmid. They can be reclaimed at any time and must be sent immediately to MOBOS e.U., Herbert Schmid immediately if the order is placed elseily.
    3. Drawings, dimensions Illustrations, weights and other services are to be understood only as a guideline and do not represent any assurance of properties
  3. Conclusion
    1. The contract is deemed to have been concluded when MOBOS e.U., Herbert Schmid has sent a written order confirmation after receipt of the order.
    2. The information contained on the websites in catalogues, brochures and the like as well as other written or oral statements are only relevant if they are expressly referred to in the order confirmation.
    3. Subsequent changes and additions to the contract require written confirmation in order to be valid.
  4. Conclusion of contract in the online shop
    1. The offers of MOBOS e.U., Herbert Schmid on the Internet represent a non-binding invitation to the customer to order goods.
    2. By ordering the desired goods on the Internet, the customer makes a binding offer to conclude a purchase contract.
    3. MOBOS e.U., Herbert Schmid is entitled to accept this offer within 14 calendar days by sending an order confirmation. The confirmation of the order is carried out by an employee of MOBOS e.U., Herbert Schmid . After fruitless expiry of the 14-day period, the offer is considered rejected.
  5. Delivery
    1. The delivery period begins at the latest of the following dates:
      • Date of order confirmation
      • Date of fulfilment of all technical, commercial and other requirements incumbent on the customer.
      • Date on which MOBOS e.U., Herbert Schmid receives a deposit or security to be paid before delivery of the goods.
    2. If unforeseeable circumstances or circumstances independent of the will of the parties, such as cases of force majeure, occur that hinder compliance with the agreed delivery period, this shall in any case be extended by the duration of these circumstances, even if these circumstances occur at suppliers.
    3. The customer inspects the goods upon receipt. Should transport damage to the goods be detected, the recipient/customer must immediately notify the carrier (shipping service) of damage. If the partial loss or damage is not externally recognizable, the customer must notify MOBOS e.U., Herbert Schmid or the transport company within five days of delivery in order to ensure that any claims against the transport company can be asserted in good time. The customer shall support MOBOS e.U., Herbert Schmid to the best of his ability, insofar as claims are asserted against the relevant transport company or transport insurance. The customer’s claims, in particular due to defects in the item, remain unaffected.
  6. Handling and delivery times
    1. Delivery is made by sending the goods to the address provided by the customer against the specified packaging and shipping costs. If the customer wishes a special type of shipment that is associated with additional costs, he must bear them. The total delivery time consists of the handling time (preparation and packaging of the goods from the order confirmation by MOBOS e.U., Herbert Schmid ) and the transport time by the transport company commissioned by MOBOS e.U., Herbert Schmid. The handling time is 1 to 5 working days and begins with the order confirmation to the customer.
    2. The transport time within Austria is usually 2 to 3 working days and begins with the handover of the goods to the transport company commissioned by MOBOS e.U., Herbert Schmid. For deliveries to Germany and the EU, the transport time is usually up to 3 to 5 working days and begins with the handover of the goods to the transport company commissioned by MOBOS e.U., Herbert Schmid. In the event of delivery delays, such as.B. due to force majeure or traffic disruptions as well as other events for which the online shop is not responsible, no claim for damages can be made against us.
    3. Pick-up on site is only possible after written confirmation by MOBOS e.U., Herbert Schmid and an appointment.
  7. Payment, default of payment and retention of title
    1. The currently available payment options are available in the online shop.
    2. Until full payment, the delivered goods remain the property of MOBOS e.U., Herbert Schmid (retention of title). Prior to the transfer of ownership, a disposition, in particular a pledge, transfer by way of security, processing or transformation without the express consent of MOBOS e.U., Herbert Schmid, is not permitted. If the agreed payment deadlines are exceeded, we must charge reminder and processing fees.
    3. If the customer is in default of payment, MOBOS e.U., Herbert Schmid, is entitled to charge the statutory default interest.
  8. Prices
    1. The prices of the goods indicated are final prices, which include VAT in the amount of 20% and other price components. They do not include packaging and shipping costs. For customers in the EU, VAT is calculated according to the customer’s delivery address.
    2. The prices are ex warehouse MOBOS e.U., Herbert Schmid. Value added tax and other statutory charges in the country of delivery, as well as packaging, transport costs, transport insurance and processing fees will be charged separately to the customer unless otherwise stated.
    3. In the event of an order deviating from the overall offer, MOBOS e.U., Herbert Schmid reserves the right to make a corresponding price change.
    4. In the case of repair orders, the services recognized by MOBOS e.U., Herbert Schmid as appropriate will be provided and charged on the basis of the expenses incurred. If services are provided at the request of the customer outside the normal working hours of MOBOS e.U., Herbert Schmid, these will be invoiced additionally according to the valid price list for services of MOBOS e.U., Herbert Schmid.
    5. The price of flat-rate services is based on implementation during normal working hours. If, at the customer’s request, times outside normal working hours are incurred, the applicable hourly rates/prices of MOBOS e.U., Herbert Schmid will be invoiced additionally for this time.
    6. Should there be any interruptions to work caused by the customer or supplier, the resulting waiting and storage times will be charged as working hours. Travel expenses for journeys with a car will be charged according to the currently valid price list (zones 1-3).
    7. Other expenses (telephone, diets, overnight costs, etc.) will be charged according to expenditure, the records of MOBOS e.U., Herbert Schmid are considered proof.
    8. If the customer has concluded a maintenance contract with MOBOS e.U., Herbert Schmid, the provisions of this maintenance contract shall also apply.
  9. Packaging and shipping costs
    1. The packaging and shipping costs stated in the offered article apply when purchasing a single unit of measure. For orders of two pieces or more, MOBOS e.U., Herbert Schmid, reserves the right to adjust the shipping costs accordingly, whereby this adjustment is calculated on the basis of the stated shipping costs per piece. Unless otherwise stated, the price for packaging and shipping is generally calculated according to weight. The currently valid packaging and shipping costs are available separately on the page “Shipping & Payment”.
  10. Transfer of risk/place of performance/payment
    1. The risk shall pass to the customer upon handover of the contractual product to the customer, to the carrier, his agents or other persons named by MOBOS e.U., Herbert Schmid.
    2. The customer must check the goods immediately upon receipt for completeness and conformity according to the invoice. In the absence of a complaint, the goods shall be deemed to have been delivered properly and completely, unless it is a defect that was not recognizable during the inspection.
    3. Insignificant defects that do not impair the functionality of the delivery item do not entitle the customer to refuse acceptance.
    4. If MOBOS e.U., Herbert Schmid has been commissioned to implement contractual products at the customer’s site, the customer must accept the contractually owed services within 3 working days after completion of the service provision or notify any defects in writing. After expiry of this period or after operational use, the contractual products shall in any case be deemed to have been accepted.
    5. Payments are due 7 days after invoicing without any deductions. Discounts may be granted in the case of separate supply agreements. Discounts, rebates or bonuses granted are conditional on time for full payment.
    6. In the event of default in payment, default interest in the amount of 1% p.m. as well as collection expenses and lawyers’ fees will be charged in accordance with the lawyer’s tariff, which are due immediately.
    7. Any acceptance of cheques or bills of exchange shall always only take place on account of payment. All related interest and expenses (such as .B collection and discount charges) shall be borne by the customer.
    8. The customer is not entitled to withhold or offset payments due to warranty claims or other counterclaims. This does not apply if the customer is a consumer within the meaning of the German Consumer Protection (KSchG).
  11. Ownership
    1. MOBOS e.U., Herbert Schmid retains title to all goods delivered by MOBOS e.U., Herbert Schmid until full payment of the invoice amounts plus interest and costs.
    2. MOBOS e.U., Herbert Schmid expressly reserves the right, after expiry of the payment term, until full payment of the invoice amounts plus interest and costs, to take the delivered goods out of operation by any conceivable technical solution.
  12. Warranty and liability for defects
    1. If the customer is a consumer within the meaning of the German Consumer Protection Treaty (KSchG), the statutory warranty provisions shall apply. If the customer is not a consumer within the meaning of the German Consumer Protection (KSchG), the following warranty provisions apply.
    2. MOBOS e.U., Herbert Schmid is obliged, in compliance with the agreed terms of payment, to remedy any defect affecting the functionality of the company and which is based on a defect in the design, material or execution that exists at the time of handover in accordance with the following provisions. No warranty claims can be derived from information in catalogues, brochures, advertising materials and written or oral statements that have not been included in the contract. Guarantees and warranties granted by the manufacturer must be agreed separately in the contract.
    3. The warranty period is 12 months, unless special warranty periods have been agreed for individual delivery items. The warranty period begins with the time of the transfer of risk in accordance with point 6.1.
    4. The warranty claim presupposes that the customer has immediately notified and proven the defects that have occurred in writing. In the event of a defect subject to warranty in accordance with point 8.1. MOBOS e.U., Herbert Schmid shall, at its discretion, repair the defective service or the defective part at the place of performance or have it sent to it for the purpose of improvement or make a reasonable price reduction.
    5. If the customer has not concluded a maintenance contract with MOBOS e.U., Herbert Schmid, all ancillary costs incurred in connection with the rectification of defects (for example, for set-up and dismantling, transport, disposal, travel and travel time) shall be borne by the customer. For warranty work in the customer’s company, the necessary auxiliary staff, small materials, etc. must be provided free of charge. Replaced parts become the property of MOBOS e.U., Herbert Schmid.
    6. Excluded from the warranty are such defects that arise from arrangement and assembly of insufficient conditions of use not caused by MOBOS e.U., Herbert Schmid, overuse of the parts, the performance specified by MOBOS e.U., Herbert Schmid, negligent or incorrect handling and use of unsuitable operating materials; this also applies to defects that are due to material provided by the customer. MOBOS e.U., Herbert Schmid is also not liable for damage caused by actions of third parties, unauthorized changes to atmospheric discharges, overvoltages and chemical influences. The warranty does not apply to the replacement of parts that are subject to natural wear and tear. MOBOS e.U., Herbert Schmid assumes no liability for the sale of used goods.
    7. The warranty obligations of MOBOS e.U., Herbert Schmid are limited to reproducible deviations from the software description with regard to software.
    8. There is no warranty for damage caused by improper use or handling of the article or by wilful damage.
    9. Entrepreneurs must report obvious defects in writing within a period of two weeks from receipt of the goods; otherwise, the assertion of the warranty claim is excluded. To meet the deadline, the timely dispatch of the notice of defect to the online shop is sufficient.
  13. Privacy
    1. The customer’s data (name, address, order data) from the respective business case are generally only processed with the aid of automation for the purpose of processing the contract, in particular for administrative and billing purposes. For technical reasons, it may be necessary for the customer’s data to be stored on the server of a third party. Any other transmission of the customer’s data will only take place in the context of the processing of the payment method selected by the customer with the customer’s bank or.dem payment or credit card institution of the customer or for the purposes of the execution of the respective contract (for example to vicarious agents of MOBOS e.U., Herbert Schmid).
    2. The customer gives his express consent that MOBOS e.U., Herbert Schmid or contractual partners of MOBOS e.U., Herbert Schmid may send him information about goods or services in writing or by e-mail or contact him in any other way (for example by telephone). Such consent may be revoked at any time in writing or by e-mail.
    3. Furthermore, the data protection guidelines shown separately on the websites apply to the online presence.
  14. Withdrawal from the contract
    1. The prerequisite for the customer’s withdrawal from the contract is, unless a special provision has been made, a delay in delivery due to gross negligence on the part of MOBOS e.U., Herbert Schmid, as well as the unsuccessful expiry of a set, reasonable grace period. The withdrawal is to be asserted by registered letter.
    2. Regardless of other rights, MOBOS e.U., Herbert Schmid is entitled to withdraw from the contract,
      • if the performance of the service or the start or continuation of the service is impossible for reasons for which the customer is responsible or is further delayed despite the setting of a reasonable grace period,
      • if concerns have arisen regarding the solvency of the customer and the customer, at the request of MOBOS e.U., Herbert Schmid neither makes an advance payment nor provides suitable security before delivery.
    3. Without prejudice to the claims for damages of MOBOS e.U., Herbert Schmid, including pre-litigation costs, in the event of withdrawal, services or partial services already rendered shall be invoiced and paid for in accordance with the contract. This also applies if the delivery or service has not yet been taken over by the customer, as well as to the preparatory actions provided by MOBOS e.U., Herbert Schmid. MOBOS e.U., Herbert Schmid is also entitled to demand the return of already delivered items.
    4. MOBOS e.U., Herbert Schmid reserves the right to withdraw from the contract if false information about the creditworthiness of the customer has been provided or the solvency of the customer has to be doubted on the basis of objective reasons.
  15. Right of revocation and consequences of revocation
    1. Right of withdrawal for consumers from Austria, Germany and the EU
    2. The withdrawal period for a consumer in distance selling is 14 days. In the case of deliveries of goods, it begins with their receipt by the consumer. The date of triggering of the deadline (conclusion of the contract or receipt by the customer) does not count.
    3. In order to exercise your right of withdrawal, you must inform us of your decision to revoke this contract by means of a clear declaration (e.B. a letter sent by post, fax or e-mail). You can also use the form offered on our website, but its use is not mandatory.
    4. The withdrawal can be made without giving reasons by telephone, e-mail, fax or letter to our company within the withdrawal period to the address below.
    5. The withdrawal must be sent to: MOBOS e.U., Herbert Schmid, Sarobagasse 25, 2103 Langenzersdorf, Austria or by email to office@mobos.at
    6. If the consumer exercises his right of withdrawal, he must bear the direct costs for the return of the goods if the delivered goods correspond to those ordered.
    7. If the consumer withdraws from the contract, the entrepreneur must gradually reimburse the payments made by the consumer and replace the necessary and useful effort made by the consumer on the item. The consumer must postpone the services received and pay the entrepreneur a reasonable fee for the use, including compensation for a related reduction in the fair value of the service. The assumption of the services by the consumer is not in itself to be regarded as a reduction in value. Goods that can be sent by parcel must be returned by the consumer; Goods that cannot be sent by parcel will be collected by us from the consumer. The customer must bear the costs of returning the goods as agreed if he lives in Austria. If the customer is an entrepreneur acc. §1 UGB, a revocation is completely excluded.
  16. Exclusion of the right of withdrawal
    1. The consumer has no right of withdrawal in the case of contracts for: goods whose price depends on fluctuations in the financial market, over which the entrepreneur has no influence and which can occur within the withdrawal period, goods that are manufactured according to customer specifications or are clearly tailored to personal needs, goods that can spoil quickly or whose expiry date would be quickly exceeded, Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery, goods that have been inseparably mixed with other goods after their delivery due to their nature, alcoholic beverages whose price was agreed upon at the time of conclusion of the contract, but which can not be delivered earlier than 30 days after conclusion of the contract and whose current value of Fluctuations in the market over which the entrepreneur has no influence, sound or video recordings or computer software delivered in a sealed package, provided that their seal has been removed after delivery, newspapers, magazines or magazines with the exception of subscription contracts for the delivery of such publications
  17. Cancellation policy (for consumers from Germany)
    1. The following “cancellation policy” – the legally prescribed instruction text – informs you about the prerequisites, exercise and consequences of the right of withdrawal.
    2. Right of revocation You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (MOBOS e.U., Herbert Schmid by means of a clear declaration (e.B. a letter sent by post, or e-mail) of your decision to revoke this contract. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
    3. The revocation must be sent to: MOBOS e.U., Herbert Schmid Sarobagasse 25, 2103 Langenzersdorf, Austria or by email to office@mobos.at
    4. Consequences of revocation If you revoke this contract, we must reimburse you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we have received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.” You must return or hand over the goods to us or to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The time limit shall be met if you send the goods before the expiry of the period of fourteen days.’ You bear the direct costs of returning the goods.
  18. Liability
    1. If the customer is a consumer, the statutory liability provisions shall apply. If the customer is not a consumer within the meaning of the Consumer Protection Treaty (KSchG), the following liability provisions apply:
    2. MOBOS e.U., Herbert Schmid is liable for damages outside the scope of application of the Product Liability Act only if intent or gross negligence is proven, within the framework of the statutory provisions. Liability for slight negligence, compensation for consequential damages and financial losses, unealed savings, interest losses, business interruption damages, loss of information or data and damages resulting from claims of third parties against the customer are expressly excluded.
    3. Liability is excluded in any case if the contractually agreed fee is taken out or dismantled as a result of non-payment of the contractually agreed fee.
    4. Defective goods must in any case be returned to MOBOS e.U., Herbert Schmid, at the risk and expense of the customer.
    5. Claims of the customer are excluded in particular if errors are based on:
      • improper handling of the goods
      • improper installation or
      • the non-observance of the condition instructions by the customer are due.
  19. Industrial property rights and copyright
    1. If goods are manufactured by MOBOS e.U., Herbert Schmid on the basis of design specifications, drawings, models or other specifications of the customer, the customer shall indemnify and hold harmless MOBOS e.U., Herbert Schmid in the event of any infringements of property rights.
    2. Execution documents such as plans, sketches and other technical documents as well as samples, catalogues, brochures, illustrations and the like always remain the intellectual property of MOBOS e.U., Herbert Schmid and are subject to the relevant legal provisions with regard to reproduction, imitation, competition, etc.
  20. General
    1. If individual provisions of the contract or this provision should be invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the intended objective.
    2. We have no influence if articles are removed from the program by our suppliers and are therefore no longer available or have been changed in type and design. If a replacement article is offered to us by the supplier, we will inform you about it. A claim for damages due to items that are no longer available cannot be asserted against us. We reserve the right to change the price of individual items.
    3. With an order, the General Terms and Conditions of MOBOS e.U., Herbert Schmid m.b.H. are accepted. Should any provision of these General Terms and Conditions be void for whatever reason, the validity of the remaining provisions shall remain unaffected. Verbal agreements require written confirmation. Place of performance is Stockerau. Unless otherwise stipulated by law, the place of jurisdiction is the Korneuburg Regional Court. The substantive law of the Republic of Austria shall apply to the exclusion of the conflict of law rules and the UN Sales Law.
  21. Place of jurisdiction and law
    1. If the customer is not a consumer within the meaning of the Consumer Protection Act (KSchG), the competent court for the district of Korneuburg shall have exclusive jurisdiction to decide all disputes arising from the contract – including those relating to its existence or non-existence. The contract is subject to Austrian law to the exclusion of the law on referral. The application of the UNCITRAL Convention on Contracts for the International Sale of Goods is excluded.
    2. The European Commission provides a platform for online dispute resolution (ODR), which can be found under http://ec.europa.eu/consumers/odr/. We are ready to participate in an out-of-court conciliation procedure.