GENERAL TERMS AND CONDITIONS
valid as of: 31.3.2021
ACMIT Manufacturing GmbH
Viktor Kaplan-Straße 2
2700 Wiener Neustadt
Regional Court of Wiener Neustadt Tel.: +43 2622 22859 0
VAT no.: ATU73553004
Member of the Guild of Mechatronics Engineers
The European Commission’s online dispute resolution platform: https://webgate.ec.europa.eu/odr/
Out-of-court conciliation body: internet ombudsman (www.ombudsmann.at)
1. General, scope of application
1.1. These General Terms and Conditions (referred to hereinafter as “GTC”) apply to all deliveries, services and offers made or provided by ACMIT Manufacturing GmbH (referred to hereinafter as “ACMIT”), including on the online shop operated by ACMIT at https://acmit.at . Deliveries, services and offers by ACMIT are made or provided solely according these GTC. Unless ACMIT has expressly consented to their application, ACMIT does not accept any terms and conditions of any customer that conflict with or deviate from these GTC. No acts taken by ACMIT as part of performing the contract can be construed as consent to any contractual terms which deviate from these GTC.
1.2. These GTC apply to deliveries, contracts, services and offers that ACMIT makes, enters into, provides or submits to people:
- for whom the legal transaction forms a part of their business operations within the meaning of section 1 para 2 Consumer Protection Act (Konsumentenschutzgesetz, KSchG) (“B2B” transactions, entrepreneurs), and
- for whom the legal transaction does not form a part of their business operations within the meaning of section 1 para 2 Consumer Protection Act (“B2C” transactions, consumers). The mandatory provisions of consumer protection law apply to B2C transactions.
1.3. ACMIT offers products for sale in the online shop operated at https://acmit.at. The products on offer can be viewed on the respective product pages. The basic features of the products are set out in the respective item descriptions.
1.4. Application-Oriented Anatomical Models that recreate parts of the human body can also be purchased through the ACMIT web shop. These anatomical models are not medical devices, but models of human body parts that are intended for medical training purposes only and may not be used for clinical or diagnostic treatment.
2. Ordering, conclusion of contracts
2.1. The display of the goods in the online shop does not constitute a binding offer by ACMIT to conclude a purchase agreement. The display of the goods represents an invitation to the customer to make an offer by placing an order (invitation to treat).
2.2. Customers can place orders in ACMIT’s online shop at https://acmit.at as follows:
- Select the desired products;Place the products in the shopping cart by clicking on the “ADD TO CART” button;
- Check which products are in the shopping cart by clicking on the “VIEW CART” button;
- Review the order summary by clicking on the “PROCEED TO CHECKOUT” button;
- Enter/check the customer’s registration details for the online shop (first name, surname, address, email address);
- Open the window(s) containing pre-contractual information for consumers, the GTC (https://acmit.at/terms/), and the terms of cancellation (https://acmit.at/revocation/) and data protection (https://acmit.at/privacy-policy/) by the customer and confirm/accept them;
- Choose shipping and payment methods;
- Check the cart information again;
- Confirm the order by clicking on the “Buy Now” button; this places the order.
2.3. By sending the order in the online shop, the customer makes a binding offer to conclude a contract for the purchase of the goods in the shopping cart. By sending the order, the customer accepts the pre-contractual information for consumers and these GTC as the basis for the legal relationship with ACMIT.
2.4. ACMIT confirms that it has received the customer’s order by sending an email confirmation. This order confirmation does not constitute acceptance by ACMIT of the customer’s offer. It merely informs the customer that ACMIT has received the order. The notice of acceptance of the offer is given by means of an express notice of acceptance, which will be sent separately by email within 5 working days. The contract is concluded with ACMIT Manufacturing GmbH, Viktor Kaplan-Straße 2, 2700 Wiener Neustadt.
3. Price, shipping costs, payment terms
3.1. Prices are stated on the landing page of the online shop, next to the individual articles. Unless otherwise expressly stated, all prices stated by ACMIT are total prices and include VAT.
3.2. ACMIT’s retail prices do not include any shipping costs. The customer bears shipping costs, unless the respective product has been designated as free of shipping costs. Shipping costs are clearly stated in the shopping cart system and in the order summary. Shipping costs, depending on country/weight are stated here.
3.3. ACMIT only ships to countries in the EEA and Switzerland.
3.4. Products must be paid for in advance, unless ACMIT expressly offers the option to purchase on account. The available payment methods are shown in the online shop or in the respective offer below the relevant button. Unless otherwise stated for individual payment methods, payment claims fall due immediately.
3.5. Minor amendments to the obligation to provide services/make deliveries and other such amendments as are reasonable for the customer are deemed to have been consented to. In particular, this applies to any deviations which are due to the nature of the goods (e.g. their dimensions, colour, appearance of wood- and veneer, grain and structure etc.) This does not apply for consumer transactions within the meaning of the Consumer Protection Act (“B2C transactions”).
4. Default interest, dunning- and collection fees
4.1. If the customer defaults on payment, ACMIT is entitled to demand either compensation for the damage it has actually incurred or default interest in the amount specified by law. For consumers, this is: 4% p.a.; for entrepreneurs, this is: 9.2 % p.a. above the base rate. If the customer defaults on payment, ACMIT is also entitled to demand compound interest, accruing from the day when the goods are delivered.
4.2. If the customer defaults on payment, the customer must compensate ACMIT for any dunning- and collection fees which ACMIT incurred as part of the expedient defence of its rights. In any case, a flat-rate fee of EUR 40 will be charged for transactions with entrepreneurs to cover operating costs pursuant to section 458 Commercial Code (Unternehmensgesetzbuch, UGB).
This does not affect the enforcement of any other rights and claims.
5. Default on acceptance
5.1. If the customer fails to accept the goods as agreed, thus defaulting on acceptance, ACMIT is entitled to set a grace period for performance and, if this period expires without performance being rendered, either place the goods in its own storage facilities or, at the customer’s expense and risk, into an authorised commercial storage facility. If the ACMIT stores the goods in its own facilities, ACMIT is entitled to charge a storage fee of 0.1 % of the gross invoiced amount per calendar day begun.
5.2. ACMIT is entitled to either insist on the performance of the contract or set a reasonable grace period for performance of at least 2 weeks; if this period expires without performance being rendered, ACMIT may withdraw from the contract and sell the goods to another party.
6.1. ACMIT’s obligation to render performance becomes effective as soon as the customer has discharged all those obligations of its own which are required for performance.
6.2. Unless the product description or the order confirmation states otherwise, ACMIT will ship the goods within 5 working days of receiving payment. ACMIT is entitled to exceed the agreed deadlines and time limits for delivery by up to a week. Upon the expiry of this period, the customer is entitled to set a reasonable grace period for performance. If this period expires without performance being rendered, the customer may withdraw from the contract.
If a product in the shop has no price tag, an enquiry may be made by sending an email to firstname.lastname@example.org to obtain an individual offer.
6.3. UPS or Österreichische Post will make the delivery to the address specified by the customer during the ordering process. If the address is incorrect or unclear, the customer will bear the costs of the unsuccessful delivery attempt.
7. Damages / guarantee / right to withhold
7.1. There are no claims for damages in cases of slight negligence. This does not apply to personal injury claims or - with regard to consumer transactions - if articles which have been taken on for processing are damaged. Unless the transaction is a consumer transaction, the onus of proving that there has been slight or gross negligence is on the damaged party. The provisions on damages which are set out in these GTC or which have otherwise been agreed also apply where the claim for damages is enforced in addition to, or instead of, guarantee claims.
7.2. The statutory guarantee provisions apply in transactions with consumers. A guarantee period of 12 months applies in transactions with entrepreneurs. Complaints made in relation to statutory guarantee claims and any other complaints may be addressed to: ACMIT Manufacturing GmbH, Viktor Kaplan-Straße 2, A-2700 Wiener Neustadt or email@example.com.
7.3. Apart from where the contract is being rescinded, even if the customer has a justified complaint, it is not entitled to withhold the entire gross amount invoiced; only a reasonable portion of it. This does not apply for consumer transactions within the meaning of the Consumer Protection Act (“B2C transactions”).
8. Retention of title
8.1. ACMIT retains title in all goods delivered. All goods remain the property of ACMIT until they have been paid for in full. The enforcement of the title retained only constitutes a withdrawal from the contract if this is expressly stated. If the goods are returned, ACMIT is entitled to charge any transport- or handling fees which it incurs. If third parties gain possession of goods in which ACMIT has retained title - including by means of distraint - the customer will inform the third party of ACMIT’s property rights and also inform ACMIT without undue delay.
8.2. If the customer is a consumer or is an entrepreneur whose normal business operations do not include trading with the goods acquired from ACMIT, the customer is not permitted to dispose over the goods in which title has been retained (including by selling them, pledging them, gifting them over or lending them) until the purchase price has been paid in full. The customer bears the full risk of the goods in which title has been retained, including the risk of their demise, loss or deterioration.
9. Consumer’s right of withdrawal
9.1. Unless a statutory exception applies, consumers within the meaning of the Consumer Protection Act (“B2C transactions”) may withdraw from a contract which was concluded outside of the entrepreneur’s business premises or a remote sales contract within fourteen days.
9.2. With regard to contracts for the delivery of goods, this period begins to run on the day on which the consumer or a third party it has nominated (which may not be the carrier of the goods) gains possession of the goods. If a contract is concluded for the purchase of several goods which form a single order, but are delivered separately, the period begins to run on the day when the consumer or a third party it has nominated (which may not be the carrier of the goods) gains possession of the last of the goods. To comply with the deadline, it is sufficient for the consumer to send the notice of its withdrawal before the end of the period.
9.3. The notice of withdrawal may be drawn up using this template and sent electronically to the following address: firstname.lastname@example.org. Consumers may also withdraw from the contract by sending an unambiguous notice of withdrawal to ACMIT Manufacturing GmbH, Viktor Kaplan-Straße 2, A-2700 Wiener Neustadt.
9.4. There is no right of withdrawal for goods which are made according to the customer’s specifications, which have been adapted to suit personal needs, whose characteristics mean that they are not suitable for return, which perish quickly, or which have past their sell-by dates. Further, there is no right of withdrawal where digital content has been delivered which has not been saved on a physical data carrier.
9.5. If the consumer withdraws from the contract, ACMIT must reimburse any payments made by the consumer (including shipping costs) to the consumer within 14 days of receiving the notice of withdrawal and pay compensation for any necessary and expedient expenses incurred by the consumer in relation to the item. The same payment method which the consumer used for the original transaction will be used to make reimbursements/repayments. Other means of payment may be used if this has been agreed with the consumer and the consumer does not incur any costs by using that means of payment. ACMIT may refuse to make reimbursement/repayment until it receives the goods or proof from the customer that the returned goods have been sent back.
9.6. The consumer must return the goods it has received within 14 days of sending its notice of withdrawal to ACMIT. The period for return is complied with if the goods are sent within the period. The consumer must pay ACMIT a reasonable fee for the use of the goods, including compensation for any reduction in their fair market value. This does not apply to inspections of the characteristics and functionality of the goods.
9.7. The consumer must bear the direct costs of returning the goods.
10. ACMIT’s right of withdrawal/unauthorised withdrawal by the customer
10.1. In the event of default on acceptance or other compelling reasons, such as default on payment by the customer, ACMIT is entitled to withdraw from the contract, provided that the contract has not yet been completely discharged by both parties. In the event of a withdrawal where the customer is at fault, ACMIT may choose to either claim lump sum damages in the amount of 15% of the gross amount invoiced or compensation for the damage it has actually incurred. If the customer defaults on payment, ACMIT is released from all further obligations to render performance and make deliveries and is entitled to withhold any outstanding deliveries and performance due and to demand advance payment or collateral. Alternatively, it may set a reasonable grace period for performance, and, if this period should expire without performance being rendered, withdraw from the contract.
10.2. If the customer withdraws from the contract without just cause or demands its cancellation, ACMIT may choose to either insist on the performance of the contract or agree to the cancellation of the contract. In the latter case, ACMIT may choose to demand lump sum damages in the amount of 15% of the gross invoiced amount or compensation for the damage actually incurred from the customer.
11. Data protection and intellectual property
11.1. The customer hereby consents to ACMIT automatically saving and processing any of its personal data which is contained in the sales contract for the purpose of performing this contract. The customer has an obligation to notify any changes to its residential- or business address to ACMIT for as long as the legal transaction forming the subject matter of the contract has not been completely performed by both parties.
11.2. Plans, drawings or other technical documents as well as designs, catalogues, prospectuses, pictures and similar remain the intellectual property of ACMIT at all times; the customer does not acquire any rights to use or exploit these items.
12. Place of performance, language of contract, choice of law, legal venue
12.1. The place of performance is the location of ACMIT’s registered office.
12.2. The language of the contract is English.
12.3. The contractual parties agree that the courts in the Republic of Austria are the legal venue. Unless the transaction is a consumer transaction, the court with subject matter competence at the location of ACMIT’s registered office is the exclusive legal venue for resolving any disputes arising from this contract.
12.4. This contract is governed by the provisions of Austrian substantive law, excluding the conflicts of laws provisions of international private law (e.g. Convention on the Law Applicable to Contractual Obligations 1980, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods. This choice of law only applies vis-à-vis consumers to the extent that it does not place any restriction on the mandatory provisions of law in the country where the consumer is domiciled or has their habitual place of abode.
13. Final provisions
13.1. If any terms of this contract should be or become legally ineffective, invalid and/or void, this does not affect the legal effectiveness and validity of the remaining terms. In such cases, the contractual parties will replace the legally ineffective, invalid and/or void term (or the term which has become legally ineffective, invalid and/or void) with a term which is legally effective and valid and which, to the extent that this is possible and permitted by law, has the same economic effect as the replaced term.
13.2. All legally binding declarations and notices under this contract must be in writing and be sent to the last address of the respective other contractual party to have been notified in writing. If a declaration or notice is sent to the last address notified in writing, it is deemed to have been received by the respective other contractual party.
13.3. The headings contained in this agreement are for reference purposes only and do not affect in any way the interpretation of this contract.
13.4. Individual rights and obligations under these GTC may only be assigned or transferred with the express written consent of the other contractual party.
13.5. The customer consents to receiving marketing messages within the meaning of section 107 Telecommunication Act (Telekommunikationsgesetz, TKG) from ACMIT or companies engaged by ACMIT for this purpose. The customer may withdraw this consent at any time at email@example.com.
13.6. The European Commission has set up an online dispute resolution platform to resolve disputes arising from online sales contracts or online service contracts. This can be found at http://ec.europa.eu/odr. It can be used to resolve out-of-court disputes which arise from sales contracts which have been concluded with ACMIT online. Complaints may also be sent to ACMIT directly using the following email address: firstname.lastname@example.org.