TERMS AND CONDITIONS OF SALE AND DELIVERY OF EMIR KARAHODZIC e.U. (CALIFA DRINKS)

 

  1. Validity of general terms and conditions (GTC)

Unless expressly agreed otherwise, our General Terms and Conditions (GTC), which have been made known to the contractual partner, shall apply.

Our contractual partner (hereinafter also referred to as “Buyer” and “Customer”) agrees that in case of doubt, our terms and conditions shall be assumed in the event of the use of GTC by him, even if the terms and conditions of the contractual partner remain unchallenged.

In this respect, contractual performance on our part shall not be deemed to be consent to contractual terms and conditions that deviate from our terms and conditions. If ambiguities, those contents are deemed to be agreed which are usually agreed in comparable cases.

  1. Offer

Our offers are subject to change. The contract shall be deemed concluded only upon dispatch of a written order confirmation by us.

  1. Protection of advertising material /secrecy

Refrigerators and dispensing equipment, which are provided to the buyer with the note “free of charge” with “refund” or with “loan”, are inalienable property of the seller EMIR KARAHODZIC e.U. (Califa Drinks) and on request or termination of the business relationship within seven working days to return to us, or to pay the purchase price.

Our contracting party undertakes to maintain secrecy with regard to third parties concerning any knowledge gained from the business relationship.

  1. Price

In the absence of any other agreement, we shall be entitled to invoice the service to be rendered by us according to the actual incidence and the expenses incurred by us as a result.

We shall also be expressly entitled to issue partial invoices if the service is rendered in parts.

Unless otherwise expressly stated, all prices quoted by us are exclusive of value added tax (VAT). In the case of invoicing, the statutory sales tax will be added to these prices.

  1. Terms of payment /invoices

The buyer undertakes to pay the purchase price in full and immediatelly upon conclusion of the contract and/or within 14 days after receipt of the invoice at the latest.

Payment shall only be deemed to have been made on time if the amount has been received or credited to our account on the due date.

Our customer agrees that invoices may also be issued and transmitted to him electronically.

  1. Default interest

Even if the buyer is not responsible for the delay in payment, we are entitled to charge interest on arrears in the amount of 10% above the prime rate per annum; this does not affect claims for compensation for proven higher interest.

  1. Transport/Transfer of risk

Our prices are ex Works. The buyer shall bear the costs and risks of transport. The risk of transport shall pass to the Buyer as soon as the goods are delivered to him or to a third party designated by him and different from the carrier. If the buyer himself has concluded the contract of carriage without making use of an offered choice, the risk is already transferred with the delivery of the goods to the carrier or the buyer.

 

  1. Retention of title

The goods remain our property until full payment of the purchase price and all costs and expenses.

In the event of default, we are entitled to assert our rights under the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal from the contract.

 

  1. Place of performance

The place of performance for both our performance and the consideration shall be the registered office of the Seller.

 

  1. Non-performance/delay in delivery and performance

Minor delays in delivery must be accepted by the buyer in any case, without him having a claim for damages or a right to withdraw from the contract.

  1. Cancellation fees/refusal money

The buyer has the right to withdraw from the contract without giving reasons (§ 909 ABGB) against payment of a cancellation fee (a regret fee) of 25% of the purchase price.

  1. Unilateral changes in performance

Objectively justified and minor changes that do not affect the price can be made on our part. This applies in particular to such delivery deadline overruns. We will then, if the actual exceeding of the deadline can be estimated, but at the latest one week before the originally agreed delivery date, announce how long a delay is to be expected.

 

  1. Warranty

The statutory warranty provisions shall apply.

 

  1. Compensation for damages

Claims for damages in cases of slight negligence are excluded; this does not apply to personal injury.

 

  1. Product liability

Any recourse claims that contractual partners or third parties may have against us under the title of “product liability” as defined by the Product Liability Act (PHG) shall be excluded.

 

  1. Choice of law

This contract shall be governed by Austrian substantive law, the applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.

  1. Place of jurisdiction

The place of jurisdiction for all disputes arising out of or under the contract shall be Vienna / Austria. We reserve the right to also sue at the general place of jurisdiction of the contractual partner.