General Terms and Conditions (GTC)

Terms and Conditions of SAMICS Shop valid from 01.05.2019

§ 1. Imprint
Our company named in the imprint operates the virtual shop "www.samics.shop".

SAMI International GesbR
Mag. Irmengarde Weckauf-Hanzal
Donauring 8
3421 Höflein an der Donau
Austria
Tel. +43-664-5321854
Email: office@sami.at
UID: ATU 70266838

§ 2. General
The general terms and conditions apply to the sale and delivery of goods by our company. Deviating conditions of the buyer are only valid if we have agreed to them in writing in our company. By clicking the checkbox in the shopping cart before placing the order "I have read and accepted the terms and conditions (link to the terms and conditions)", the buyer agrees to these general terms and conditions and is bound by them. Our range of products is non-binding and subject to change. The order from a customer with full legal capacity (persons aged 18 and over) represents an offer to conclude a purchase contract . The confirmation of receipt of the order that we subsequently send does not constitute acceptance of the offer. The purchase contract is only concluded once we deliver the ordered goods and confirm shipment to the customer. All offers on our website are non-binding and subject to change and only available while stocks last.

§ 3. Ordering
An order can only be placed after the login has been entered in full. For the first order, registration as a "new user" is required. For subsequent orders, it is sufficient to enter the login and password specified by the user during the initial registration.

§ 4. Contract language
The contract content, all other information, customer service, data information and complaint handling are offered entirely in German.

§ 5. Prices
The prices are valid at the time of the order including VAT plus all costs associated with shipping. They can be seen in the shopping cart before the contract is concluded and then in the order confirmation sent to the customer. If export or import duties are due during shipping, these are also borne by the customer (information on this can be obtained from your local customs office). Billing is in euros.

§ 6. Right of withdrawal (right of cancellation)
The withdrawal period for a consumer according to the Consumer Protection Act (KSchG) from the conclusion of a distance contract is 2 weeks. For deliveries of goods, it begins with their receipt by the consumer, for services, with the day the contract is concluded. The day on which the period begins (conclusion of the contract or receipt by the customer) does not count. The withdrawal can be made without giving reasons in writing by email or letter to our company within the withdrawal period to the above address. See page: right of withdrawal

The consumer has no right of withdrawal for contracts concerning:

- services which are started to be provided to the consumer within the withdrawal period as agreed,
- goods or services whose price depends on the evolution of rates on the financial markets over which our company has no influence,
- goods that are made according to customer specifications, that are clearly tailored to personal needs, that are not suitable for return due to their nature, that can spoil quickly or whose expiration date would be exceeded,
- audio or video recordings or software, provided that the delivered goods have been unsealed by the consumer,
- (leisure) services.

§ 7. Payment, default in payment, reminder, default in acceptance, retention of title
We accept the following payment methods: PayPal, credit card (Visa, Mastercard), instant transfer and cash on collection. For credit card payments, an encrypted transmission in accordance with the latest technology - SSL encryption - is enabled, which protects your data from unauthorized access. The payment is only charged on the date the goods are dispatched.

§ 8. Default in payment
The statutory interest rate for monetary claims between entrepreneurs arising from business transactions is 8 (eight) percentage points above the base interest rate. The base interest rate that applies on the last day of a six-month period is decisive for the next six-month period. The reference interest rate for calculating default interest in commercial transactions is Section 1333 Paragraph 2 of the Austrian Civil Code (ABGB).

The statutory default interest in non-commercial transactions, i.e. between consumers and entrepreneurs on the one hand or between consumers themselves on the other hand, will remain unchanged at 4 (four) percentage points, as they do not fall within the scope of the Late Payment Directive.

§ 9. Reminder and collection fees
In the event of default, even if the default in payment is not our fault, the contractual partner undertakes to reimburse us for the reminder and collection fees to the extent that they are necessary for appropriate legal action, in particular, if a debt collection agency is called in, the costs incurred as a result, provided that these do not exceed the maximum rates of remuneration due to debt collection agencies according to the BMWFJ regulation. If we carry out the dunning process ourselves, the debtor undertakes to pay an amount of EUR 12 per reminder and an amount of EUR 5 per half year for keeping records of the debt relationship in the dunning process.

§ 10. Retention of title
We retain title to the service or goods delivered or to the media processed or created by us until all payments from the business relationship with the customer have been received. If the customer resells goods subject to retention of title, he must also pass on the retention of title. The customer must immediately report any access by third parties to our goods subject to retention of title. Pledging, transfer of ownership by way of security and similar actions of the goods subject to retention of title are only permitted with our prior consent. If payment is not made immediately after a reminder has been issued in the event of default, our goods subject to retention of title must be returned immediately. Return costs are borne by the customer.

§ 11. Data Protection
Our employees are subject to the confidentiality obligations of the Data Protection Act. Even the mere fact that a message has been exchanged is subject to confidentiality. However, routing and domain information must and may be passed on.

The customer acknowledges that the data he has provided will be stored and processed for the purposes of our accounting, marketing and customer records. We use the data to comply with legal requirements and to process payment transactions.

Customer data will not be passed on to third parties unless this is absolutely necessary for the execution of the contract (transport of goods, invoicing) or due to a court order. Our contractual partners for the contract execution (transport of goods) are instructed about our data protection regulations and are obliged to comply with them.

The customer is obliged to inform us of any changes to his or her residential or business address as long as the contractual transaction has not been fully fulfilled by both parties. If this notification is omitted, declarations are deemed to have been received even if they are sent to the last address provided.

Information about cookies: Our web shop uses "cookies", which are very small files to identify you during your online visit to the shop and to increase the comfort of the visitor. Our cookies are only text files that are deleted after your visit to us. You can refuse to accept "cookies", but then the smooth functioning of our site cannot be guaranteed. Cookies do not contain any personal data and are not dangerous for the visitor.

You hereby expressly agree to receive information mailings in accordance with Section 107 of the Telecommunications Act (TKG), in particular when you reserve seminars, courses, camps, etc. online.

§ 12 Warranty, Liability, Guarantee
The warranty is limited to the statutory period of 24 months. In the case of justified complaints about defects, either a replacement or improvement will be carried out free of charge, for which a reasonable period of time must be granted. If an exchange or improvement is not possible (not possible, too much effort, unreasonable, delay in delivery), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (rescission).

Any defects that occur should be reported upon delivery or as soon as they become visible. If the purchase is a commercial transaction for the customer (B2B), they must inspect the goods immediately upon receipt and notify us in writing immediately if a defect is found. Our company is only liable for damages caused intentionally or by gross negligence. The injured party must prove the existence of slight or gross negligence. Compensation for consequential damage (due to defects) as well as other property damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded. Our company, as the operator of the web shop named in the imprint, provides the services with the greatest care, but is not liable for services provided or obtained from third parties. The guarantee must be claimed from the guarantor (the manufacturer / sometimes also the seller if this is the manufacturer) and is subject to their provisions. The use of the guarantee does not limit the statutory warranty.

§ 13. Applicable law, place of jurisdiction
The contracting parties agree, unless mandatory legal provisions conflict with this, to the application of Austrian law. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded.

For consumers within the meaning of Article 5 of the Rome Convention, their national mandatory consumer protection provisions apply, unless the respective Austrian provisions are more favourable for the consumer.
If the contractual partner is an entrepreneur, our registered office shall be the agreed place of jurisdiction for any disputes arising from the contract.

If the contracting partner is a consumer, he can bring legal action against our company either in Austria or before the courts of the contracting state in whose territory he is domiciled. If the contracting partner had his domicile or habitual residence or place of employment in Austria at the time the contract was concluded, legal action by the contracting partner against our company can only be brought before Austrian courts.

For consumers who do not have a residence, habitual abode or place of employment in Austria at the time the contract is concluded, the statutory places of jurisdiction apply.

§ 14. Place of performance for business transactions:
For contracts with companies, our registered office is the place of performance.

§ 15. Copyright
All messages, graphics and the design of the SAMI International website are intended solely for the personal information of our customers. Use is at your own risk. All data in this offer is protected under § 4 and § 87a ff. of the Copyright Act. The reproduction, copying and printing of the entire website is only permitted for the purpose of placing an order with our company. Any further processing, duplication, distribution and/or public reproduction exceeds normal use and constitutes a violation of copyright.

§ 16. Delivery
The ordered items are specified in the shopping cart before placing the order. If not all of the ordered items are immediately available, those that are immediately available will be delivered immediately and others as soon as they are available. Delivery is via Hermes parcel service or the Austrian Post. (The parcel delivery service is subject to change)

§ 17. Delivery times
Delivery will be made, subject to availability, within 2 - 10 working days from receipt of the order confirmation, but in any case within the statutory 30-day period.

§ 18. Shipping costs
The shipping costs depend on the size and weight of the order and are specified separately during the ordering process. Of course, there are also different costs for domestic and international shipping.

§ 19. Miscellaneous
Recourse claims within the meaning of the Product Liability Act are excluded unless the person entitled to recourse proves that the defect was caused in our sphere of influence and was at least due to gross negligence.
Statements, notifications, etc. must be sent to us in writing.

§ 20. Place of jurisdiction
The place of performance and jurisdiction for all disputes arising from this contract is Vienna.