GTC
General Terms and Conditions
of the pansatori GmbH (version 08/2020)
1. Preamble
1.1. By signing the order, the buyer (hereafter „customer“) explicitly accepts the following General Terms and Conditions (hereafter called „GTC“ in short) and is obliged to comply with them. The following terms and conditions apply exclusively to all deliveries and services of the pansatori GmbH, Laabstrasse 96, 5280 Braunau/Inn, Austria (hereafter called „pansatori GmbH“ in short, or „we“), unless a separate written agreement has been made between the contracting parties in particular cases. The pansatori GmbH is not committed to other terms of purchase and delivery of the contracting parties. These terms and conditions also apply to future businesses, even without an explicit reference in particular cases, especially in case of future supplementary or follow-up orders.
1.2. We exclusively contract on the basis of our GTC.
1.3. Terms and conditions of the customer or changes or amendments of our GTC require our explicit approval – towards business customers in written form – to be valid.
1.4. Terms and conditions of the customer are not accepted, even if we do not reject them explicitly on receipt.
2. Acceptance of the GTC
The customer accepts these GTC and agrees to them when he orders. The pansatori GmbH is authorised to change the representational GTC unilaterally, insofar as this is necessary to eliminate subsequently arising equivalence disorders or to adapt to changed legal or technical frameworks.
3. Offer
3.1. Offers of the pansatori GmbH are always without engagement and non-binding, if not explicitly agreed upon otherwise. The sold and delivered articles do not have to resemble the illustrations exactly.
3.2. Information about our products and services in catalogues, price lists, brochures, advertisements at exhibition stands, bulletins, marketing mailers or other media (information material) for which we are not responsible has to be presented to us by the customer – if the customer’s decision to order is based on this. In this case, we can give our view on its accuracy. If the customer violates this obligation, such information is not binding, insofar as this is not declared explicitly as a part of the contract content – towards business customers in written form.
4. Conclusion of contract
The product presentation on the website is understood as an online catalogue and does not represent a legally binding offer. It is a request to the customer to submit an offer. The customer submits the offer in a legal sense on placing an order. On receipt of the order a notification mail is sent to the e-mail address indicated by the customer, in which the receipt of the order is confirmed and its content is shown (hereafter called „order confirmation“). If the pansatori GmbH rejects conclusion of contract, the customer is informed immediately by e-mail.
5. Right of withdrawal and right of revocation
5.1. If the customer is a consumer according to the provisions of the consumer protection law, he has the right to revoke this contract within fourteen days without providing reasons. The revocation period is fourteen days from the day on which the customer or a third party indicated by him, who is not the carrier, has taken possession of the goods. To exercise the right of revocation, the pansatori GmbH has to be informed about the decision to revoke this contract by means of a clear statement (letter, e-mail). A timely provision of the revocation is sufficient to keep the revocation deadline. The written revocation has to be sent in written form per e-mail to the company address indicated in the imprint.
In case of a valid revocation, the services received by both parties have to be returned. For this repayment we use the same means of payment that was used by the customer for the original transaction, unless otherwise was explicitly agreed upon with the customer. The pansatori GmbH can refuse repayment, until the goods are returned. The customer has to send back or hand over the goods immediately and, in any case, within fourteen days at the latest from the day on which he has informed the pansatori GmbH about the revocation. The deadline is kept provided that the customer sends the goods away before termination of the period of fourteen days. The costs for the return must be borne by the customer in any case. If you cannot return the received service as a whole or partly or only in a worse state, the customer has to pay compensation if necessary.
The customer has to pay for any loss in value of the goods, if this loss in value is due to unnecessary handling on part of the customer to test the quality, properties and functioning of the goods.
5.1. Our offered goods are medical products of class 1 that are no longer saleable after opening. A right of withdrawal does not apply according to § 18 Par. 1 Z 5 FAGG, if the goods were supplied in a sealed way and are thus not suitable for return for reasons of health protection and for hygiene reasons, provided that the sealing was removed and/or damaged after the delivery.
Furthermore, a right of withdrawal does not apply according to § 18 Par. 1 Z 3 FAGG, if goods are produced to customer specifications or clearly adjusted to the individual needs.
5.2. The delivered goods are only accepted in the undamaged original packaging with an entirely filled in return slip. Carriage forward returns that are sent away later than 14 days after receipt of goods, cannot be accepted. Excluded from withdrawal are special procurements, custom-made products.
6. Terms of delivery and dispatch
6.1. If not agreed upon otherwise, the delivery is made to the shipping address indicated in the order by the customer. The customer is responsible for accepting the delivery. The pansatori GmbH cannot be made responsible for delays in delivery caused by suppliers or manufacturers. If delivery or compliance with the agreed delivery period becomes impossible due to circumstances for which pansatori GmbH is not responsible, the pansatori GmbH is authorised to withdraw from the contract entirely or partially. The pansatori GmbH will inform the customer immediately about this. Claims for damages are excluded in this case. The customer is informed before order placement about any delays in delivery.
6.2. We are authorised to make or to charge partial or advance deliveries. In cases of force majeure or other unforeseeable circumstances or circumstances independent of the party’s will, we are authorised to withdraw partly or entirely from the contract or to extend delivery time according to the circumstances. Claims for damages or a right of withdrawal from the contract on part of the customer are excluded explicitly in such cases and in case of delay in delivery.
7. Prices, shipping costs and payment options
7.1. The prices on the order date are applicable.
7.2. The prices named in the web shop include the legal VAT according to Austrian provisions and other price components. Any transport and insurance costs shall be for the account of the customer.
7.3. If not indicated otherwise, all prices are quoted in EURO including all statutory fees and taxes for customers from Austria. The prices on the order date are applicable. The purchase price is due without any deduction when placing the order, unless agreed upon otherwise. Additionally to the product price, the customer has to bear the costs for shipping. The shipping costs depend on the quantity of the ordered goods, the shipping method and the shipping destination. The shipping costs are charged automatically.
7.4. We are authorised, also at the customer’s request, to adjust the contractually agreed fees, if changes to the extent of at least 3 % with regard to a) the wage costs by law, provision, collective agreement, bargaining agreements or b) other cost factors necessary for service provision such as material costs due to recommendations of the parity commissions or changes of national or world market prices for raw materials, changes of relevant exchange rates etc. arise since conclusion of contract. The adjustment takes place to the same extent as the actual production costs change at the time of conclusion of contract compared with those at the time of the actual service provision, as long as we are not delayed.
7.5. Payment options: prepayment or PayPal. In the shop, only VISA, MasterCard, Maestro, PayPal and immediate transfer are possible.
7.6. The remuneration in case of continuing obligations is agreed as value guaranteed according to the VPI 2015 and this results in an adjustment of the remunerations. The month in which the contract was concluded serves as a starting point.
8. Due date, terms of payment
8.1. The purchase price is due 14 days after conclusion of contract at the latest and has to be paid before the goods are delivered. We will not dispatch the goods before the purchase price is paid.
8.2. The prices are 14 days net, if not agreed upon otherwise in written form. In case of default, even of only one payment, the entire outstanding balance has to be paid to us. Incoming payments are generally used to settle the oldest liability item plus default interest. Costs due to payment or default of payment (especially for a judicial or extrajudicial collection of the payment) have to be paid by the customer.
The customer is not authorised to withhold or settle payments due to warranty claims, claims for damages or other counterclaims. Circumstances hindering, complicating or jeopardising delivery or payment of our goods, entitle us to reject delivery of orders partially or entirely, irrespective of our claims for damages against the customer, or to demand immediate payment (immediate maturity) and to charge default interest at maturity. Already made (partial) deliveries have to be paid.
8.3. Towards entrepreneurs as customers we are authorised to charge 9.2 % points above the base rate of default interest according to § 456 UGB in case of default of payment. Towards consumers we charge a statutory interest rate of 4 % p.a.
8.4. We reserve the right to claim other damages caused by delay, towards consumers as customers only if this is negotiated in detail.
8.5. If during the execution of the order the customer encounters payment difficulties, we are authorised to raise the defense of uncertainty and make a delivery or service dependent on a bank guarantee of an Austrian bank on the contractually agreed value of the delivery/service or sufficient payments on account.
8.6. The customer is only authrorised to a set-off right, if counterclaims have been recognised by a court or accepted by us. Consumers as customers are also authorized to a set-off right, if counterclaims are legally connected with the payment liability of the customer as well as in case of insolvency of our company.
8.7. If the payment period is exceeded, any granted remunerations (discounts, deductions etc.) expire and are added to the invoice.
8.8. The customer is not authorised to withhold payments due to warranty claims or other counterclaims not acknowledged by us.
8.9. The customer has to reimburse any damage caused by the delay, especially the resulting reminder fees, attorney fees and court costs. In case of default of payment, the customer is obliged to pay reminder fees amounting to 20.00 euros for reminders, necessary and appropriate for collection, insofar as this is in an appropriate relation to the claim.
8.10. If the customer has not made a payment due or performed another service after the deadline, we can withdraw from the contract with a written notification. In this case, the customer has to return already delivered goods and to reimburse us for the decrease in value of the goods upon request. The customer also has to reimburse us for all justified expenses necessary for the execution of the order.
We are authorised to provide the customer with finished or prepared parts. The customer has to pay the respective part of the selling price.
9. Retention of title
The delivered goods remain the property of the pansatori GmbH until full payment.
10. Warranty
10.1. The provisions about the statutory warranty are applicable. The warranty period for our services towards business customers is one year and towards consumers two years after delivery.
10.2. Claims regarding scope of delivery, material defects, wrong deliveries and quantity deviations have to be made immediately, at the latest within 72 hours after receipt of the goods in written form, if this is not done, the compensation claims are not valid.
10.3. In case of improper storage of the goods on part of the customer, claims are excluded. A warranty claim in case of business customers is, in any case, limited to the invoice value of the delivered defect goods.
10.4. The time of handover is the time of completion, if not agreed upon otherwise (e.g. formal acceptance), at the latest when the customer has taken over the service in his control or refused acceptance without the indication of reasons. If a shared handover is intended, and if the customer stays away from the communicated handover date, the handover is deemed to have been made.
10.5. Corrections of a defect claimed by a customer do not represent an acknowledgement of the defect claimed. Towards business customers we are authorised to have at least two attempts to correct the defect.
10.6. If claimed defects on part of the customer are not justified, the customer is obliged to reimburse us for any resulting expenses for the confirmation of flawlessness or troubleshooting.
10.7. The business customer has to prove that the defect has already existed at the time of handover.
10.8. In order to correct defects the customer has to give us access to the unit or the devices without undue delay and give us the opportunity for an assessment by us or an expert appointed by us.
10.9. Defects of delivery items that have been found or should have been found on examination by the business customer in the ordinary course of business after acceptance, have to be reported to us in written form, at the latest 72 hours after handover. Hidden defects also have to be reported within this appropriate period after detection.
10.11. Any use or processing of the defect performance object, which might cause a further damage or complicate cause investigation, has to be stopped by the customer immediately, insofar as this is not unacceptable.
If a complaint is not made in time, the goods are considered as approved.
10.12. If claimed defects on part of the customer are not justified, he is obliged to reimburse us for any resulting expenses for the confirmation of flawlessness or troubleshooting.
10.13. Any use or processing of the defect performance object, which might cause a further damage or complicate cause investigation, has to be stopped by the customer immediately, insofar as this is not unacceptable.
10.14. We can avert a request for change by correction or an appropriate price reduction, insofar as it is not a significant or a non-removable defect.
11. Disclaimer
11.1. Outside the scope of the product liability law, our liability is limited to intent or gross negligence. Liability is excluded for slight negligence, compensation of consequential damages and financial losses, unrealised savings, loss of interest und damages resulting from third-party claims against the customer. These quoted limitations of liability apply to consumers, to physical injuries or damages to health that are not attributable to us.
11.2. Towards business customers the liability is limited with the liability limit of a liability insurance that we might take out.
11.3. Claims for damages on part of business customers have to be asserted within two years in court, otherwise the claim will expire.
11.4. The disclaimer includes claims against our employees, representatives and agents due to damage caused by them – without a reference to a contract on their part with the customer.
11.5. Our liability is excluded for damages caused by improper handling or storage on part of the customers or third parties not appointed by us or natural wear, insofar as this event was causal for the damage. There is also an exclusion of liability for omission of necessary maintenance, insofar as we have not taken the responsibility for maintenance contractually.
11.6. If and insofar as the customer can use insurance benefits from an own indemnity insurance taken out in his favour (e.g. liability insurance, hull insurance, transport, fire, business interruption and others) for damages that we are liable for, the customer is obliged to use the insurance benefit und thus our liability is limited to the disadvantages that are caused by using this insurance (e.g. higher insurance premium).
11.7. With regard to licensing regulations, user manuals and other product-related guidelines and information (especially control and maintenance), such product properties have to be provided which can be expected by us, third-party manufacturers or importers of customers with regard to their knowledge and experience.
11.8. Our website contains references (hyperlinks) to other sites on the internet. We do not have any influence on the design and contents of these external sites of these links. Therefore, we cannot be made responsible for the content and design of these sites. This declaration applies to all shown external references on our internet presence.
12. Data protection
We respect your privacy and comply with all applicable data protection regulations. Provisions on data protection and data processing are included in the data protection declaration that is part of these general terms and conditions.
13. ForgTin app
13.1. With the purchase of our product ForgTin, the customer gets a license code with which the ForgTin app can be downloaded and unlocked for free. The license code is valid for four weeks for installation.
13.2. We are keen on further developing and improving our product. For this reason, the customer consents to a transfer of his use and history data in anonymised form to the pansatori GmbH by downloading and activating the ForgTin app and saved and used for reasons of research and further development (e.g. medical studies and evaluations). We are not authorised to use the data for other reasons. The customer is entitled to withdraw his consent at any time. The collected data is stored in anonymised form in a Google database in Europe. If the customer enters his progress data regularly (twice a day) and entirely in the first two years after initial commissioning of the ForgTin app, the statutory warranty period for the product ForgTin extends by another year.
14. Place of jurisdiction and applicable law
14.1. Austrian law is applicable under exclusion of the law rules.
14.2. The UN sales law is excluded.
14.3. Place of performance is the location of the company in 5280 Braunau am Inn.
14.4. Place of jurisdiction according to Art. 23 EugVVO and § 88 JN for any disputes resulting from the contractual relationship or future contracts between us and the business customer is the local court, responsible for our location in 5280 Braunau am Inn. Place of jurisdiction for consumers according to Article 23 EuGVVO, insofar as his residence is in Austria, is the court in the area where the consumer has his habitual residence at the time of conclusion of contract. The pansatori GmbH is authorised to take legal action also at the place of general jurisdiction of the customer.
14.5. The application of the UN sales law is excluded. The contract language is German.
15. Severability clause
Should individual provisions of this GTC be invalid entirely or partly or become invalid due to legal provisions, the validity of the remaining provisions is not affected. Invalid provisions are replaced by valid regulations that are closest to the original intended purpose.
