General Terms and Conditions (GTC)

for electronic sales


1. Applicability
1.1 The following general terms and conditions (hereafter GTC) apply to all sales contracts in the Webshop operated by Vistech GmbH (hereafter Vistech) agreed upon between Vistech, as the seller of electric sowers and pneumatic seed drills, and its customers. These GTC also serve as a basis for all future sales contracts between Vistech and its customers.
1.2 These GTC apply exclusively. Changes and amendments to these GTC must be made in writing. This also applies for a waiver of this formal requirement. Verbal side agreements are not valid.
1.3 With the placement of an order, the customer confirms their agreement with these general terms and conditions and is bound to them.

2 Conclusion of a sales contract
2.1 The products offered in Vistech's shop (electric sowers, pneumatic seed drills, accessories and spare parts) are presented as an invitation to make an offer.
2.2 The customer's order is a binding offer.
2.3 Vistech may choose to accept the offer or decline it by sending a declaration to the customer to this effect by email or by post. This applies especially but not exclusively in the case of price changes occurring in the meantime or possible mistakes or technical errors in the Webshop, in the sales brochures, the price lists or in other documentation. Vistech assumes absolutely no liability for such mistakes or price changes.
2.4 Upon receipt of the order, the customer receives an automatically generated confirmation which summarises the essential order information – especially the invoice and delivery address, the number and unit price of the ordered merchandise as well as the total price. This confirmation serves the customer simply as a record that the order was received successfully and does not represent an acceptance of the order.
2.5 The acceptance of the order follows at our discretion within 14 days of the receipt of the order when an order confirmation is sent by post, fax or email, or if a delivery can be made within this period when the ordered merchandise is shipped.
2.6 The customer's period of commitment ends and a sales contract was not concluded if Vistech neither confirms the order nor ships the ordered merchandise to the customer within the period defined under Point 2.5.
2.7 If the merchandise or a communication cannot be delivered at one of the possibilities provided by the customer (e.g. email address, fax number, post address) for a reason for which Vistech is not responsible (e.g. incorrect information or changes), Vistech is not responsible for the failure to be able to deliver the merchandise or a communication.
2.8 Vistech expressly reserves the right to change, amend and delete parts of the pages or the entire product range without special notice or to end the publication temporarily or permanently.

3 Delivery deadlines and conditions
3.1 The prices for the merchandise offered by Vistech do not include shipping costs and additional costs such as customs duties, etc. Shipping costs are itemised separately in the order and are considered to be authorised by the customer with regard to both content and amount once the order is placed.
3.2 If all of the merchandise is not immediately deliverable, Vistech can Vistech ship the available merchandise and then ship the remaining merchandise as soon as it becomes available at its discretion.
3.3 As a rule, shipping is done by express mail service. Vistech reserves the right to ship the merchandise by other means.
3.4 Shipping normally takes place within 7 workdays from the confirmation of the order, for articles in inventory usually within 1-2 workdays. For merchandise not in inventory, the delivery period can be as long as 30 days from the order date.

4 Billing, payment, retention of ownership
4.1 Ownership of the merchandise remains with Vistech until the merchandise has be paid in full. The customer may not pledge the merchandise, use it as collateral or transfer any other rights to the merchandise to third parties before the merchandise has been paid for in full.
4.2 The total amount invoiced is due immediately upon receipt. Interest in the amount of 12% is payable if payment is late.
4.3 In the event of late payment, Vistech reserves the right to transfer the rights to the receivables to third parties (such as collection agencies).
4.4 Offsetting of our sales receivables with possible counter claims by the customer is expressly excluded.

5 Warranty and indemnity
5.1 The warranty period for all of the merchandise supplied by us is 24 months, if nothing different is indicated. The period begins with the invoice date.
5.2 If the sale is a commercial transaction for the customer in accordance with § 377 Para 1 HGB [Austrian Commercial Code], they must inspect the merchandise immediately upon receipt and immediately inform Vistech of any deficiencies found.
5.3 In the event of a deficiency for which Vistech is responsible, Vistech is required to either repair the deficiency or replace the merchandise at its discretion.
5.4 In the event of a warranty claim from the customer, Vistech may refer the customer directly to the manufacturer if the damage was not caused by a Vistech employee and the direct involvement of the manufacturer does not involve an untenable additional expense for the customer.
5.5 Should the repair fail or should Vistech not be able to replace the merchandise, the customer may request a price reduction or cancellation of the sale in the event of a significant deficiency, in the case of an insignificant deficiency only a price reduction. Claims that exceed this are excluded in any case.
5.6 Vistech assumes liability only for intentional damages or for those arising from gross negligence, except for injuries to persons.
5.7 The injured party must prove the existence of slight or gross negligence insofar as the injury did not arise in connection with a consumer transaction. Compensation for claims made against the customer by third parties for (direct damage) and consequential damage caused by a defect as well as other property damage, financial damage and damage to third parties is excluded.

6 Special provisions for consumers
6.1 The provisions outlined here in Section 6 apply for consumers in accordance with the Austrian Consumer Protection Act (KSchG).
6.2 End users may cancel a sales contracts concluded with us electronically within seven workdays with no requirement to provide a reason (i.e. contracts made in the Webshop, by email, by fax, etc.), insofar as none of the exceptions to the right to withdraw from a contract in accordance with § 5f KSchG applies. Saturday does not count as a workday.
6.3 The deadline begins upon receipt of the merchandise by the customer. The return period has been fulfilled if the merchandise has been shipped or a cancellation notification has been sent.
6.4 The merchandise must be in unused and resalable condition and shipped back in the original packaging.
6.5 Vistech will assess an appropriate charge to reflect loss in value, for merchandise showing use, for which the packaging is damaged or for which accessories or components are missing. Vistech can, at its discretion, auction this merchandise on an electronic auction platform for a period of 7 days with a starting price in the amount of 50% of the list price. It is agreed in this case that the loss in value is equal to the difference between the amount at which the merchandise was auctioned and the list price.
6.6 The customer bears the cost of the return shipping.

7 Privacy protection
7.1 Customer data will not be given to third parties unless this is absolutely necessary to process the contract, especially payment.
7.2 The data collected in the Webshop are collected and saved electronically for the following purposes: order processing, shipping, billing, preparation of statistics, marketing.
7.3 The customer can retract his approval to be provided information by email at any time.

8 Credit card payments
8.1 Vistech uses an external service provider for the settlement of credit card payments (1&1 Internet AG).
8.2 Vistech systems cannot save credit card information.
8.3 The transmission of credit card information to 1&1 Internet AG is carried out over a secure connection (SSL or SET). Vistech recommends the use of SET to its customers for the highest possible security.

9 Final provisions
9.1 All sales contracts concluded with us are subject exclusively to Austrian law with no recourse to the United Nations Convention on Contracts for the International Sale of Goods.
9.2 Place of performance is 2345 Brunn am Gebirge.
9.3 This contract is subject to Austrian law. The applicable provisions of the laws of the country in which the customer resides apply to this contract if the customer is a consumer.
9.4 For disputes arising out of this contract, the court of jurisdiction is Vienna insofar as the customer is a business person.
9.5 For disputes arising out of this contract, insofar as the customer is a consumer whose has place of residence, habitual place of residence or place of employment is in Austria, the court in the parish where the consumer has his place of residence, habitual place of residence or place of employment has jurisdiction.

Revocation instructions for consumers

These revocation instructions are an integral part of the contract

Right of Revocation


You can revoke the contract in writing (e.g. by letter, email) within a month with no requirement to provide a reason or - if you have received the merchandise before the deadline runs out - by returning the merchandise. The deadline begins with the receipt of these written instructions however not before the merchandise is received by the addressee (for recurring deliveries of similar merchandise not before receipt of the first partial shipment) and also not before our duty to inform has been fulfilled in accordance with § 312c Para. 2 BGB [Austrian Civil Code] in connection with § 1 Para. 1, 2 and 4 BGB-InfoV as well as our duty in accordance with § 312e Para. 1 Sentence 1 BGB in connection with § 3 BGB-InfoV. The revocation deadline has been fulfilled if the revocation declaration has been sent or the merchandise shipped.

The return shipment or the revocation demand must go to:

VISTECH GesmbH
Wolfholzgasse 1
A 2345 Brunn am Gebirge

emaill: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Tel.: 0043 (0)2236 315 777

Revocation consequences:

If the revocation is valid, mutually received goods and services must be returned and, if applicable, the utility derived thereof (e.g. interest) refunded. If you cannot return the goods and services received entirely or in part or can do so only in a condition less than that in which they were received, you must provide compensation for the loss in value. This does not apply to the transfer of merchandise if the loss of value derives exclusively from its inspection - as would be possible in a retail store. You are not required to provide compensation for any deterioration arising from the merchandise having been used as intended. Merchandise which can be shipped is to be returned to us at our risk. You must bear the cost of return shipping if the delivered merchandise is corresponds to the merchandise ordered and if the price for the return shipping does not exceed 40 Euro or if the price for the merchandise was higher at the point at which the sale was revoked by you and you have not provided the return service or the contractually agreed partial payment. Otherwise the return shipment free of charge for you. Merchandise which cannot be sent by parcel post will be picked up from you. Obligations to refund payments must be made within 30 days. The deadline begins for you when you send your revocation declaration or ship the merchandise. It begins for us with the receipt of the merchandise.

End of the revocation instructions

 

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