Terms and conditions
General Terms and Conditions for Venta-Austria GmbH
1. General, Field of Application
1.1 These General Terms and Conditions (GTC) for Venta-Austria GmbH (hereinafter referred to as VENTA) contained in this version are applicable for all contracts, deliveries and services concerning any natural person or corporate entity dealing with VENTA in their commercial or freelance capacity (hereinafter referred to as Customer), as well as any offerings, purchase contracts, deliveries and services based on customer traffic via the online shop www.venta-luftwaescher.de (hereinafter referred to as Web Shop). These GTC will also apply to all future business dealing, unless otherwise legally barred, between VENTA and its Customers.
1.2 General business and/or purchase conditions and terms by the Customer, even ones which are not mentioned within these GTC, are herewith expressly contradicted by VENTA. General business and/or purchase conditions and terms by Customer will only then be recognized when VENTA has previously give express and written agreement. Should Customer’s business conditions deal with issues not mentioned in these GTC, so are optional laws concerning solely this issue effective, but in no wise deviating terms. These GTC also apply when VENTA, in the awareness of contradictory or deviant terms, implicitly delivers to the Customer. Deviations of and changes or addenda to these GTC are only considered valid by VENTA when carried out by one or ones commercially registered as verified representatives of VENTA’s executives or procurators. Oral contracts and explanations made by persons not specifically commissioned by the executive(s) or procurator(s) of VENTA are only valid when express written confirmation of said oral contracts and explanations are given by either VENTA executive(s) or procurator(s).
1.3 The products offered on the Web Shop are sold to consumers in accordance with § 13 of the German Civil Code (Bundesgesetzbuch: hereinafter referred to BGB) and to entrepreneurs in accordance with § 14 of the same, applying solely to end customers unless otherwise specified in singular events for one of the two parties mentioned. Consumer is a natural person who has finalized a legal contract which cannot be ascribed to commercial or freelance application (§ 13 BGB). Entrepreneur is any natural person or corporate body or legally responsible community who/which enters into a legal transaction, dealing in the name of their/its commercial or freelance business ( § 14 BGB).
2. Conclusion of Contract
2.1 Offerings in the Web Shop are non-binding and subject to alteration.
2.2 By placing an order to the Web Shop, which requires registration and acceptance of these GTC, Customer submits a binding offer for the product requested. Legally binding contracts are realized solely upon order confirmation from VENTA. Should Customer not receive a separate order confirmation, VENTA’s delivery note acts to this effect. An order confirmation is equal to carrying out the order itself.
2.3 Each Customer who is an consumer (see article 1.3 of these GTC) has the right to revoke his/her offer according to the specific revocation instruction, which is i.a. communicated within the framework of the order procedure.
2.4 VENTA products are oriented on technical progress and market conditions. It remains the right of VENTA to make changes in the technical execution and design of each product without notifying the Customer, as long as there is no basic infringement on the value and usability of the VENTA product ordered by the Customer.
3. Price; Payment Terms
3.1 Prices quoted in the Web Shop include the statutory value added tax, currently at 20%, but do not include shipping and posting, customs costs and suchlike.
3.2 Unless expressly otherwise agreed to, VENTA accepts only prepayment – per bank transfer or credit card – or cash on delivery, each being appropriately invoiced. If VENTA agrees to payment after delivery, VENTA will invoice on the date of shipment. If shipment is delayed by reasons caused by Customer, the invoice will be issued on the agreed upon delivery date.
3.3 By accepting these GTC, Customers agree to receive invoices via email. Customers may request an invoice in paper form. VENTA invoices shall be due to be paid within seven days after the invoice date. Rendering checks or bills of exchange is not considered payment, but will be accepted as in fulfilment.
3.4 Customers are not entitled to offset costs, unless offsetting counterclaims are judicially determined or undisputed.
3.5 Should a Customer’s or an acceptor’s bill of exchange’s credibility weaken, VENTA shall be entitled to demand immediate fulfilment of all claims, to redeem bills of exchange or to make them accessible, and to reclaim any delivered goods which. Pending VENTA deliveries can be made contingent on prepayment or deposit. Should a Customer delay payment, all claims, including those deferred, become immediately due. VENTA may assess default interest at the current legal rate.
4. Shipping and Handling Charges; Goods Delivery; Delivery Dates
4.1 Customers are responsible for shipping and handling costs for VENTA products to be delivered to the place agreed upon. VENTA charges a flat-shipping rate for each order, also when several partial deliveries are involved. The amount of the flat-shipping rate complies to the kind of ordered VENTAproducts.
Should a Customer’s order contain different VENTA-products with different shipping rates, the respective higher flat-shipping rate applies for this order uniquely.
4.2 A Customer who is Consumer (see article 1.3 of these GTC) and who exercises it’s legal revocation right shall bear all regular costs of this return shipment, unless the delivered VENTA products do not correspond to those ordered and the price of the VENTA products delivered does not exceed the amount of € 40.00. Is the price of the delivered VENTA products higher than € 40.00 and has the Customer not yet made his equivalent performance or paid a contractually agreed partial amount by the date of revocation, the Customer shall also bear the costs of the return shipment. In any other cases, the return shipment due to the revocation is free for the Customer.
4.3 Deliveries are sent to the delivery address named by the Customer, albeit solely within Germany. Due to online ordering in our Web shop, delivery outside of Germany is not possible. Unless otherwise expressly agreed to, VENTA will determine shipping method and transport company according to their personal discretion.
4.4 VENTA is solely responsible for the timely, proper delivery of goods to the carrier. VENTA cannot be held responsible for delays caused by the carrier, unless other mandatory legal regulations apply. For this reason, delivery dates in the Web Shop or within these GTC are tentative, as long as a mutual agreement has not been reached for a definite delivery date. As a rule, delivery ensues within 3 weeks after finalizing the purchase contract.
4.5 When goods are marked as being in stock on the Web Shop, and delivery shall be made upon prepayment, VENTA will hold the products back for five work days after the order has been received. Should full payment (including added value tax and shipping costs) not be received within this time, VENTA is entitled to release the products for sale. In this case, delivery ensues within the 5-day deadline on a first come, first serve basis. Otherwise a delivery deadline of 3 weeks from the date of full payment received (including added value tax and shipping costs) applies.
4.6 Should a supplier of VENTA products, which were marked as being not in stock in the Web Shop or released for further sale according to article 6.4 of these GTC, not deliver punctually, then the delivery deadline as described in articles 6.3 and 6.4 of these GTC, will be extended a minimum of 2 days and a maximum of 3 weeks. Premise for this deadline extension is that the wares have been immediately reordered and that VENTA cannot be held responsible for delayed supplier delivery.
4.7 VENTA will notify Customers directly should wares fail to be delivered or are delivered late. The delivery deadline will be proportionately extended when delays above and beyond VENTA’s control occur such as: suppliers fail to deliver, acts of God (i.e. natural disasters or rioting) or strikes, employment negotiations, system failure, material or energy shortages or similar events beyond VENTA’s control which could lead to delivery delay. Should such events hold forth for a longer period of time, VENTA retains the right to withdraw from the contract. Should the hindrance last for more than two months, the Customer is entitled to withdraw from any aspects of the contract that have not been fulfilled and from fulfilled aspects only when the partial delivery is within reason for the Customer. In case of withdrawal on reasonable grounds, VENTA will reimburse payment within a reasonable period of time.
4.8 Statutory Customer rights concerning delivery delay remain untouched by these regulations. Customers may nonetheless claim damages only according to the particulars stated within these GTC.
4.9 Should mutually agreed upon contract changes as to content or quantity of the product delivery be made, the delivery time allowance for the entire delivery will begin at the time of contract revision. VENTA reserves the right to deliver prior to delivery date.
4.10 VENTA has the right to partial delivery of products within one order which can be implemented separately, as long as it is within reason for the Customer. Additional shipping and handling costs will, in this case, be carried by VENTA.
5. Transfer of Risk
5.1 When the Customer is consumer (see article 1.3 of these GTC), the risk of accidental destruction, damage or loss, regarding the delivered goods pass onto the Customer with the delivery of goods to the Customer or upon the Customer’s default of acceptance. The transfer of risk shall passonto entrepreneurs (see article 1.3 of these GTC) upon handing over the goods to the carrier.
5.2 VENTA insures goods against normal transport risks at their own cost when the Customer is consumer(see article 1.3 of these GTC). For Customers who are entrepreneurs (see article 1.3 of these GTC), goods are insured against transport risks and breakage only at the express request and at the expense of the Customer.
5.3 When Customer is entrepreneur (see article 1.3 of these GTC), and will shipping be delayed due to circumstances the entrepreneur is responsible for, the abovementioned risks pass onto the entrepreneur with the agreed delivery date, or in the case that a delivery date has not been settled upon, with VENTA’s notice of being ready to deliver to the Customer. In this case, the Customer may be charged, beginning with the delivery date or notice of readiness, 0.5% of the invoice total per month of storage of VENTA products ordered, should the Customer fail to prove that VENTA has not been subject to damage or to a minimum damage. Otherwise, VENTA is entitled to dispose over readied products once a delivery date set by the Customer has elapsed. The Customer order will then be delivered within an appropriately extended deadline.
6. Retention of title
6.1 VENTA retains property rights on delivered goods until these have been fully paid for (including value added tax and shipping costs).
6.2 Without previous written consent, Customers are not entitled to re-sell goods that remain under the reservation of property rights. In case Customer resells a VENTA product, he/she hereby now already assigns all claims resulting from the transaction in relation to the outstanding invoice(s) to VENTA. This cession includes all claims of the Customer towards the current account balance regarding his/her buyer or debtor. The cession is valid only to the extent of the total invoice sum for delivered VENTA products. VENTA claims have to be fulfilled as a priority. Customers are therefore empowered by VENTA to collects debts and claims via business as usual. This Customer empowerment can be revoked due to cause and should one of the following occur: payment delay, payment refusal, opening of or filing for insolvency procedures, protest against bill of exchange and/or founded evidence of over-indebtedness and/or impending bankruptcy.
6.3 After an appropriate period of time, with prior warning, VENTA can lay open the assignment, utilize the settled claims, as well as demand the Customer to reveal his/her assignment towards his/her buyer or debtor.
6.4 By prima facie evidence of rightful interest, the Customer can assert his/her rights against the buyer or debtor by sharing the necessary information and relinquishing the necessary documents.
6.5 In case of seizure, sequestration or intervention by a third party, the Customer shall inform VENTA immediately.
6.6 As long as the value of all practicable security interests due to VENTA exceeds 20% of all security claims, VENTA will release a part of the security interests at the Customer’s behest. The Customer is free to select which security interests he/she will opt for.
6.7 A breach of contract by the Customer, particularly payment default, renders VENTA the right to demand delivered VENTA products to be immediately returned and/or to withdraw from the contract. The Customer is obliged to surrender all VENTA products. A VENTA demand to surrender is not accompanied by a declaration of withdrawal of the contract, unless this has been expressly explained.
7.1 In the event of defects in the goods, the customer is entitled to assert the statutory warranty rights. When asserting these rights, the provisions of the following clauses are to be observed."
7.2 A prerequisite for all warranty claims is that the VENTA product has been correctly installed and implemented in precise accordance and considering of recommendations and with the owner’s manual issued by VENTA. VENTA products may not be exposed to chemical or electrochemical effects of water or to abnormal, damaging environmental elements. Such damaging influences are not grounds for damage claims against VENTA. Damages incurred by repairs, changes or other treatment not carried out by an experienced VENTA dealer, as well as damages incurred by inappropriate usage/treatment or negligent upkeep do not constitute warranty claims against VENTA. Parts and accessories not authorised by VENTA and causing damage or disturbance to the VENTA product, are also excluded from warranty claims.
7.3 Within the legal guidelines, Customers are entitled to supplementary performance once a defect under warranty obligations is approved. VENTA is entitled to perform supplementary twice. Legal cases where a deadline is not required are untouched by this guideline. VENTA is entitled to refuse the Customer’s chosen form of supplementary performance should this entail disproportional costs. By entrepreneurs (see article 1.3 of these GTC) VENTA has the right to choose between damage repair and delivery of a flawless product.
7.4 As a rule, faulty items shall be sent to VENTA. VENTA then either returns the repaired item or a replacement to the Customer. Removed parts become property of VENTA. VENTA exercises supplementary performance on site only by stationary, large devices. Should the defect device no longer be listed in the VENTA catalogue, VENTA is entitled to inform the Customer about his/her claim to lower the price or withdrawal from the purchase contract (see article 8.5 of these GTC). The Customer is responsible for supplementary performance additional expenditures when the delivery is to be brought to a destination other than the place of business unless the delivery corresponds to the intended use of the product.
7.5 Should the supplementary performance fail or is unreasonable for the Customer, the Customer is entitled, according to applicable laws, to withdraw from the purchase contract, to lower the purchase price or to demand damage reimbursement or recompense for expenditures without avail. Customer claims for damage reimbursement are also subject to the special regulations stated in article 9 of these GTC.
7.6 Warranty claims of entrepreneurs (see article 1.3 of these GTC) must levy § 377 code of commercial law (Handelsgesetzbuch: heretofore HGB), duty to inspection and objection. Hereby goods delivered by VENTA are to be examined by the Customer for flaws immediately and apparent defects shall be reported in writing 5 days after delivery at the latest. Hidden faults are to be reported to VENTA at the latest 5 days after their discovery.
7.7 For consumers, (see article 1.3 of these GTC) the warranty covers 2 years, otherwise 12 months after delivery. VENTA is liable for supplementary performances in the same measure as for the originally delivered VENTA products, but only until one year has elapsed since delivery of the improved VENTA products to the Customer, unless overruled by statutory regulations. The same applies to delivery of parts during supplementary performance. Statutory regulations on suspension of the statute of limitations remain hereby untouched.
8.1 All claims from one party towards the other which are not claims for performance or serve the purpose of contract fulfilment, particularly damage or expenditure claims, claims based on impossibility, delay, self-help, resignation or reverse transaction after withdrawal, independent from the kind or the measure of breach or guilt or the claim’s origin, VENTA is liable only for intentional and grossly negligent damages, but not for damages caused by slight negligence. The same applies to liability for damages incurred by employees, representatives and vicarious agents. These accountability limitations do not apply to damage to life and limb, to claims in compliance with product liability law, to cases of fraudulent concealment of flaws or the violation of contract duties. In all cases – excluding damage to life and limb and other legal reasons – or liability is limited to predictable, typical damage occurrences.
8.2 Should a Customer resell the delivered item unchanged or modified, he/she releases VENTA in their internal relationship from liability to third parties, should he/she be responsible for the liability claim.
8.3 The content of articles 10.1 and 10.2 of these GTC also apply to damages in addition to perform and to damages in lieu of performance, independent of legal ground, particularly due to flaws, breach of duties from the contractual relationship, as well as indirect damages, as long as the latter is not against the law. They also apply to reimbursement claims for fruitless expenditures, including liability due to flaws, delays or impossibility.
8.4 Where not expressly delineated, laws regulating the statute of limitations onset, suspension of expiry, the suspension and the new onset of the statute of limitations remain untouched.
8.5 These regulations are in no way connected to a change in the burden of evidence to the Customer’s detriment.
9. Collection, Recording and Processing Data; Data Protection
9.1 As far as mandatory for processing and fulfilling contractual relationships between VENTA and their Customers, VENTA records and processes Customer’s data in accordance with the German Data Protection Act (§§ 28 f. Bundesdatenschutzgesetz).
9.2 Personal data transferred by Customers will only be used to process orders and within legal limitations. All data is treated as highly confidential. Releasing data to third parties who are not directly involved in delivery or payment processes will not occur. Upon placing a purchase, Customers expressly agree to the collection, recording and processing of their personal data.
9.3 Order data is coded and transferred securely, albeit VENTA is not liable for data protection during transfer over Internet, (i.e. due to technical provider errors) or for the possible seizure of Internet presentation files by criminal third parties. Access data for Customer login, which are transferred by the Customer’s behest, are to be treated as confidential by the Customer. VENTA assumes absolutely no responsibility for use and application of this data.
9.4 Beyond the previously mentioned use, VENTA will only use personal data for advertising purposes and for furthering customer relations, with the prior documented express agreement of the Customer.
9.5 Each Customer can object at any time VENTA’s use of his/her personal data for advertising purposes. Also, each Customer is entitled to file for gratis information on personal data retained by VENTA. Further, each Customer is entitled to get corrected, blocked or deleteed personal data as long as VENTA is not legally obligated or holds rights to retention. Requests for information, blockage or deletion as well as objections can be made at:
FN 442304y des Landesgericht Feldkirch
Tel.: +43 5572 202 539
Fax.: +43 5572 202 537
9.6 Upon receipt of objection, VENTA is entitled to use and process data pertinent to fulfilling and processing an order until the purchase is finalised.
10. Closing Regulations
10.1 Contract finalization and processing ensue in the German language. Purchase contracts between VENTA and the Customer are subject to German law to the exclusion of UN Convention on Contracts for the International Sale of Goods.
10.2 Is the Customer entrepreneur according to § 14 BGB (see article 1.3 of these GTC), a legal entity under public law or a special fund under public law, all disputes arising from or connected to the pertinent contractual relationship are to be solely brought under the jurisdiction of Ravensburg.
10.3 Neither contract partner has the right to transfer contractual claims to a third party without express approval of the other party. This does not apply to monetary claims.
10.4 Contract changes and addenda, as well as clauses require the written form. This also applies to the requirement of the written form.
10.5 Should one or more provisions in these GTC are or become invalid, in no wise are the remaining provisions affected, neither is the efficacy of contracts in their entirety impaired. In place of the invalid provisions, regulations will be assumed that come closest to the economic intentions pursued by the contract partners.
Effective: June 2014
FN 442304y des Landesgericht Feldkirch
Tel.: +43 5572 202 539
Fax.: +43 5572 202 537
Bankverbindung: Dornbirner Sparkasse Bank AG
IBAN: AT39 2060 2000 0032 6322