AGB

General Terms and Conditions for the General Content of the Internet Pages

of Wagenwerk GmbH, Hofstadt 1, A-3331 Hilm

I. General

 
  1. These General Terms and Conditions of Business (hereinafter referred to as "GTC") shall apply exclusively to the information provided by Wagenwerk GmbH on this website.
  2. The General Terms and Conditions of Business listed in the respective area also apply to the information provided by Wagenwerk GmbH in the areas "Sales offers/vehicles" and "Webshop".

II. Protection of intellectual property / copyright

 
  1. All contents on the internet pages of Wagenwerk GmbH are protected by copyright. Texts, images, graphics, sound, animations and videos are protected by copyright and other protective laws. The content may not be copied, distributed, modified or made accessible to third parties for commercial purposes. Any use, in particular storage in databases, reproduction, distribution, editing and any form of commercial use as well as disclosure to third parties, even in part or in revised form, is prohibited without the consent of Wagenwerk GmbH or another copyright holder.
  2. All brands and trademarks mentioned on the web pages of Wagenwerk GmbH and, if applicable, protected by third parties, are subject without restriction to the provisions of the respectively valid trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties.

III. exclusion of liability

 
  1. Wagenwerk GmbH accepts no responsibility for the topicality, correctness, completeness or quality of the information provided. Liability claims against Wagenwerk GmbH relating to material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded as a matter of principle, provided that there is no evidence of wilful intent or gross negligence on the part of Wagenwerk GmbH.
  2. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by Wagenwerk GmbH without separate announcement. No liability-relevant rights can be derived from this. This also applies in the event that the web pages of Wagenwerk GmbH are temporarily unavailable online due to technical problems.
  3. The area "Sales Offers/Car" and "Webshop" is exempt from points 1. and 2. insofar as the content of concrete sales offers is concerned and the relevant information can be decisive for a prospective buyer (however, this provision only serves to maintain the continuity of information; all offers are in principle expressly considered non-binding, a prospective buyer cannot derive any legal claims from them). Nor can any liability-relevant rights be derived in this case if the internet pages of Wagenwerk GmbH are temporarily unavailable online due to a technical fault.
  4. Wagenwerk GmbH is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages.
  5. Wagenwerk GmbH hereby expressly declares that no illegal content was discernible on the linked pages at the time of linking. Wagenwerk GmbH has no influence whatsoever on the current and future design, content or authorship of the linked pages. Therefore, Wagenwerk GmbH hereby expressly distances itself from all contents of all linked pages that were changed after the linking and that may contain illegal contents.

IV. Provisions pursuant to the TKG (Telecommunications Act)

 
  1. The sending of personal or business data (e.g. e-mail addresses, names, addresses) also includes the declaration that the customer concerned agrees to the sending of e-mails and SMS or telephone calls by Wagenwerk GmbH within the meaning of the TKG (Telecommunications Act) until revoked in writing.
  2. Wagenwerk GmbH is entitled to determine, process and transmit switching data according to the TKG (Telecommunications Act), in particular source IP and destination IP, logs, etc., for the operation and maintenance of the services offered, for the protection of its own computers and the computers of third parties (e.g. to use them to remedy technical defects). In particular, the company, surname, first name, academic degree, date of birth, address, email address, telephone and fax number, payment methods, incoming payments and invoicing are determined and processed as master data.
  3. The use of the contact data of Wagenwerk GmbH published in the imprint or comparable information, such as postal addresses, telephone and fax numbers and email addresses, by third parties for e.g. their own advertising purposes is not permitted. We expressly reserve the right to take legal action against the senders of so-called spam mails in the event of violations of this prohibition.

General Terms and Conditions for the "Offers for Sale/Car" Section

of Wagenwerk GmbH, Hofstadt 1, A-3331 Hilm

I. General


  1. The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business transactions of Wagenwerk GmbH in the area of "Sales Offers/Car". The contractual partner is hereinafter referred to as the "Buyer". These GTC are binding for all current and future business transactions between Wagenwerk GmbH and the Buyer, even if no express reference is made to them.
  2. Any provisions deviating from or supplementing these GTC - in particular the Buyer's general terms and conditions of business or purchase - shall only become part of the contract if this has been expressly confirmed in writing by Wagenwerk GmbH.
  3. Should one or more provisions of these GTC be wholly or partially legally invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced retroactively by a provision that is as close as possible to the purpose of the intended provision.

II. Offers for the purchase of a vehicle

  1. All offers made by Wagenwerk GmbH on the Internet or in any other way are subject to change (non-binding) unless they are expressly designated as binding.
  2. The buyer has no legal claim to vehicles that are offered on the internet platform of Wagenwerk GmbH but can no longer actually be purchased at the time of the buyer's enquiry - for whatever reason. Furthermore, no claims for damages can be asserted as a result.
  3. Insofar as the photos shown on the Internet are symbolic illustrations, this is noted directly in the area of the illustration. The vehicles or equipment depicted on them do not constitute a direct subject matter of the contract.

III. purchase price / deposit / invoice


  1. The Buyer agrees that invoices can also be created and transmitted electronically by Wagenwerk GmbH if the Buyer has a corresponding receiving system.
  2. The entire purchase price (incl. ancillary costs) - or the remaining price after the down payment has been made - is due for payment at the latest when the vehicle is handed over, otherwise before 8 days after receipt of the notice of availability or sending of the invoice.
  3. Payments by the buyer shall only be deemed to have been made at the time of receipt on the business account of Wagenwerk GmbH or in cash. In the case of third-party financing, the date of receipt of the purchase price or its value date by the financier on the business account of Wagenwerk GmbH shall be decisive.
  4. Down payments or non-cash payments can only be made by the Buyer after corresponding agreement with Wagenwerk GmbH.
  5. If, after the conclusion of the contract, a statutory adjustment of tax duties under the contract is made and the total purchase price ultimately changes as a result, a subsequent settlement in this respect can be asserted by both parties in writing until the handover of the vehicle.
  6. The Buyer may only offset claims of Wagenwerk GmbH if the Buyer's counterclaim is undisputed or a legally binding title exists.
  7. The purchase price does not include costs for transport and delivery. At the request of the buyer, however, these services will be provided or organised by Wagenwerk GmbH against separate payment. In this case, the actual costs incurred, including a reasonable overhead surcharge, but at least the usual freight and carriage charges for the selected type of transport applicable on the day of delivery, shall be invoiced.

IV. Fulfilment


  1. The Buyer shall have fulfilled the contract when the purchase price, including all ancillary charges as set out in the purchase contract, has been received in full by Wagenwerk GmbH.
  2. Wagenwerk GmbH shall have fulfilled the contract if it has made the vehicle available for collection in accordance with the order and has demonstrably notified the Buyer thereof. In any case, however, when the buyer has taken over the vehicle. The place of performance is the agreed place of handover. All risks shall pass to the buyer upon handover.
  3. The collection period for the buyer is 5 working days. If the vehicle is taken over late, Wagenwerk GmbH shall be entitled to charge an appropriate demurrage fee, which shall be due immediately upon handover of the vehicle. Wagenwerk GmbH shall only be liable for damages arising from the safekeeping in the event of intent or gross negligence, unless insurance coverage is provided.

V. Retention of title


  1. In the event that the object of purchase is handed over to the buyer before full payment of the purchase price, it shall remain the property of Wagenwerk GmbH until full payment of the entire purchase price including ancillary expenses has been made.
  2. The buyer is not entitled to dispose of the vehicle subject to retention of title by Wagenwerk GmbH in any way whatsoever.
  3. If the object of purchase delivered under retention of title is seized by anyone else, the buyer shall immediately notify the owner of the retention of title.

VI Resignation


  1. The vehicle in question shall be ordered from a reliable supplier if it is not available from stock. Wagenwerk GmbH is obliged to inform the buyer immediately in writing if it turns out that the vehicle is not available or no longer available through no fault of Wagenwerk GmbH. In this case, the contract in question shall immediately become invalid without any rights or obligations on either side. Deposits already made shall be refunded within 8 days.
  2. If Wagenwerk GmbH exceeds the contractually agreed delivery date by more than 4 weeks, the buyer may subsequently withdraw from the contract by setting a grace period for performance of at least 14 days after the fruitless expiry thereof (default by Wagenwerk GmbH). Notification of the setting of a grace period must be made in writing by the buyer and is valid from the date of receipt.
  3. In the event of non-fulfilment of the contract by Wagenwerk GmbH and the resulting withdrawal of the Buyer, Wagenwerk GmbH shall refund any down payment to the Buyer within 8 days.
  4. If the buyer is in default of payment, Wagenwerk GmbH may set the buyer a grace period of 14 days in writing with the declaration that it will refuse the fulfilment of the contract by the buyer after the fruitless expiry of this period, thus withdrawing from the purchase contract and claiming damages due to non-fulfilment (unjustified withdrawal of the buyer). Notification of the setting of a grace period shall be made in writing by Wagenwerk GmbH and shall be valid from the date of receipt. In the event of default in payment, interest on arrears in the amount of 12% p.a. shall be deemed agreed.
  5. In the event of legally unfounded non-fulfilment of the contract by the buyer and the resulting withdrawal of Wagenwerk GmbH, Wagenwerk GmbH shall be entitled to demand 10% of the purchase price as lump-sum compensation (cancellation fee) or to claim concretely quantified compensation. This also applies vice versa in the event of a legally unfounded non-fulfilment of the contract by Wagenwerk GmbH.

VII. Withdrawal and compensation in the event of withdrawal by the buyer in accordance with the provisions of the KSchG, FAGG and the Consumer Credit Act


  1. Conclusion of the contract outside the business premises of Wagenwerk GmbH: If the buyer has not submitted his contractual declaration either in the premises permanently used by Wagenwerk GmbH for its business purposes or at a stand used by it for this purpose at a trade fair or market, he may withdraw from the contract. This (unfounded) withdrawal may be declared within 14 days from the day of the conclusion of the contract; the period shall commence with the delivery of the contract, which shall contain at least the name and address of Wagenwerk GmbH, the information necessary for the identification of the contract as well as instructions on the right of withdrawal, to the buyer, but at the earliest with the conclusion of the contract. This instruction is to be handed over to the buyer on the occasion of the acceptance of his contractual declaration. However, this right of withdrawal shall not apply if the consideration to be paid by the buyer does not exceed the amount of 50 euros.
  2. The buyer acknowledges that in the event of delivery of the vehicle before the expiry of the withdrawal period and in the event of the timely exercise of the right of withdrawal in accordance with the provisions of the KSchG or FAGG (conclusion of business transactions outside the business premises of Wagenwerk GmbH) and the Consumer Credit Act on linked credit agreements, the buyer shall immediately return the vehicle subject to purchase and shall pay Wagenwerk GmbH any reduction in value that may have occurred for the period of time from the takeover of the vehicle until the return. The Buyer shall bear the costs for the restitution.
  3. The reduction in value shall be determined by obtaining an expert opinion from a court-certified expert to be commissioned by Wagenwerk GmbH. The objective reduced value shall be used to calculate the reduction in value. In the event of damage to the vehicle caused in the meantime, corresponding compensation shall be paid in addition.
  4. In the event of a justified withdrawal of the consumer as buyer according to the aforementioned provisions to which he is entitled, the consumer shall bear the entire costs of the transport of the vehicle in question to the registered office of Wagenwerk GmbH and the associated risks.
  5. In the event of unlawful statements by the buyer regarding non-existent external financing within the meaning of the Consumer Credit Act, the buyer shall be obliged, in the event of a withdrawal from the financing and subsequently from the vehicle purchase in question, to compensate Wagenwerk GmbH - in addition to the reduction in value - for all damages incurred in the seller's trust that the buyer would not have been entitled to a right of withdrawal under the Consumer Credit Act.

VIII. Warranty


  1. In the event that the object of purchase is defective, the buyer shall first be entitled to demand that the seller improve (repair) or replace the defective item. The seller shall be notified of this immediately. The fulfilment of warranty obligations shall take place at the registered office of the seller, unless other legal provisions apply.
  2. In the event of conversion and the resulting restitution of the vehicle by the buyer, the buyer shall pay the seller appropriate compensation for the use or the loss in value until conversion.
  3. If the purchase transaction constitutes a business transaction for both parties to the contract, the buyer expressly agrees that the seller shall not be liable for warranty claims. The warranty is therefore expressly excluded in this case.

IX. Purchase of a used vehicle of the Buyer by Wagenwerk GmbH


  1. The following points apply in the event of a simultaneous purchase of a used vehicle of the Buyer by Wagenwerk GmbH.
  2. The purchase price shall include VAT and shall be credited against the purchase price of the vehicle sold by Wagenwerk GmbH. The purchase price applies to the agreed handover date of the vehicle sold by Wagenwerk GmbH and the condition according to the test report at the time of conclusion of the contract. The Wagenwerk GmbH company shall be entitled to make an appropriate deduction from the purchase price for damage and unusual wear and tear for which the buyer has been responsible since the conclusion of the contract.
  3. The vehicle in question (which was purchased by Wagenwerk GmbH) shall be handed over to the buyer at the latest when the vehicle sold by Wagenwerk GmbH is taken over. If the handover is de facto no longer possible due to loss or destruction on the part of the buyer, the contractual purchase of the vehicle to the buyer shall remain legally unaffected by this, with deduction of the price calculated for the purchase of the vehicle. The same shall apply if the buyer does not hand over the vehicle to Wagenwerk GmbH as agreed and Wagenwerk GmbH justifiably withdraws from the purchase after setting a grace period of 14 days.
  4. The purchase of the vehicle by Wagenwerk GmbH is subject to the statutory warranty.
  5. The contract with regard to this purchase is automatically invalid if the contract with regard to the sale of the vehicle subject to the contract to the buyer - for whatever reason - is not legally concluded.
  6. If, after the conclusion of the purchase transaction, the purchase contract regarding the vehicle sold by Wagenwerk GmbH must justifiably be subsequently dissolved, the buyer shall be obliged, after returning the vehicle to Wagenwerk GmbH (step by step), to immediately pay Wagenwerk GmbH the difference already taken into account with regard to the purchase price for the vehicle sold by Wagenwerk GmbH.

X. Change of address

The Buyer is obliged to notify Wagenwerk GmbH of any changes to his residential or business address as long as the legal transaction that is the subject of the contract has not been completely fulfilled by both parties. If the notification is omitted, declarations shall also be deemed to have been received if they are sent to the last address notified.

XI. Alternative Dispute Resolution Act (AstG)


  1. For Austria and the EU area: http://ec.europa.eu/odr
  2. Information also available at http://www.ombudsmann.at

XII Choice of law, place of jurisdiction


  1. Austrian law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The contractual language is German.
  2. The contracting parties agree on Austrian jurisdiction. If the transaction is not a consumer transaction, the competent court at the registered office of Wagenwerk GmbH shall have exclusive local jurisdiction to decide on all disputes arising from this contract.

General Terms and Conditions for the "Webshop" Area

of Wagenwerk GmbH, Hofstadt 1, A-3331 Hilm

I. General


  1. The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business transactions of Wagenwerk GmbH in the "Webshop" area (ordering goods from the range of goods offered in the webshop). The contractual partner is hereinafter referred to as the "Customer". These GTC are binding for all current and future business transactions between Wagenwerk GmbH and the Customer, even if no express reference is made to them.
  2. Any regulations deviating from or supplementing these GTC - in particular the customer's general terms and conditions of business or purchase - will only become part of the contract if this has been expressly confirmed in writing by Wagenwerk GmbH.
  3. Should one or more provisions of these GTC be wholly or partially legally invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced retroactively by a provision that is as close as possible to the purpose of the intended provision.

II. Conclusion of contract / availability of goods


  1. By clicking on the button "Order subject to payment", the customer submits a binding offer to purchase the goods in the shopping basket and accepts the General Terms and Conditions. The subsequently sent automatic order confirmation documents that the order has been received by Wagenwerk GmbH. However, this does not constitute acceptance of the offer. A contract is only concluded through the express declaration of acceptance by Wagenwerk GmbH, which is sent in a separate e-mail, or through the dispatch of the goods.
  2. The customer is obliged to provide the information provided in the order form completely and truthfully.
  3. If the goods ordered by the customer are not available at short notice at the time of the order, the customer will be informed immediately. If the goods are permanently unavailable, no contract shall be concluded; the customer shall be informed of this immediately in writing when this fact becomes known.

III. delivery


  1. The customer may choose between collecting the ordered goods himself or delivery to an address specified by him, provided that this right of choice was specifically granted with the ordered goods.
  2. If the self-collection option is selected, the customer will be notified by e-mail as soon as the goods are ready for collection. For collection - in any case after payment has already been made - the invoice, the order receipt confirmation or the collection notification as well as a valid official photo ID (e.g. driving licence, passport) must be presented. In addition, the acceptance of the goods must be confirmed by the customer's signature on the acceptance confirmation. If the goods are not collected in person, the person collecting them requires an official photo ID and a power of attorney signed by the customer.
  3. If the customer does not collect the goods himself/herself within 14 days from the date of sending the collection notification, Wagenwerk GmbH may withdraw from the purchase contract after further notification to the customer and setting a grace period, and the claim to handover of the ordered goods shall expire. In this case, any payments made by the customer in the meantime will be refunded in the form of the original payment (e.g. credit to credit card, chargeback to account, etc.). In such a case, Wagenwerk GmbH reserves the right to demand compensation from the customer for the damage caused by the non-collection of the ordered goods.
  4. The provisions under point 3 also apply to agreed delivery of the purchased goods in the event that the delivery is not accepted by the customer and the goods are returned.
  5. If shipping to a delivery address specified by the customer is selected as the delivery method, the shipping costs, which are displayed in the web shop with the goods and when paying for the goods, shall be borne by the customer.
  6. If the customer is an entrepreneur, the delivery of the goods is at his risk.

IV. Payment / Invoice


  1. All prices in this webshop are quoted in "Euro" and include the applicable statutory value added tax. Packaging and shipping costs, if any, will be charged and shown separately.
  2. The payment methods displayed at the end of the order process are available to the customer. Wagenwerk GmbH reserves the right to restrict the selection of payment methods in individual cases.
  3. In the event of delayed payment, Wagenwerk GmbH is entitled to charge interest in the amount of 12% p.a., subject to the assertion of a higher damage caused by delay (to be specifically proven). In addition, the Customer undertakes to reimburse reminder, collection and investigation costs of third parties (in particular of collection agencies and lawyers), insofar as these costs were necessary for the appropriate legal prosecution. Wagenwerk GmbH points out that the costs in the event of the intervention of a lawyer are based on the respective amount standardised by the Lawyers' Fees Act (RATG) plus the statutory value added tax, those of collection agencies up to the respective amount standardised by the Federal Ministry of Economics by way of decree for collection agencies.
  4. The customer agrees that invoices can also be created and transmitted electronically by Wagenwerk GmbH if the customer has a corresponding receiving system.
  5. Payments by the customer are only deemed to have been made at the time of receipt on the business account of Wagenwerk GmbH or in cash.
  6. Down payments or non-cash payments can only be made by the customer after corresponding agreement with Wagenwerk GmbH.
  7. If, after the conclusion of the contract, a statutory adjustment of tax duties under the contract is made and the total purchase price ultimately changes as a result, a subsequent settlement may be claimed in this respect until the handover of the purchased goods.
  8. The customer may only offset claims of Wagenwerk GmbH if the customer's counterclaim is undisputed or a legally binding title exists.

V. Retention of title


  1. In the event that the purchased goods are handed over to the customer before full payment of the purchase price, they remain the property of Wagenwerk GmbH until full payment of the purchase price including incidental expenses.
  2. The customer is not entitled to dispose of the goods subject to retention of title by Wagenwerk GmbH in any way whatsoever.
  3. If the goods delivered under retention of title are seized by anyone else, the customer shall immediately notify the owner of the retention of title.

VI. Right of withdrawal for consumers under the provisions of the Distance Selling Act (FAGG)


  1. The following provisions only apply to customers who are considered "consumers" according to the provisions of the Consumer Protection Act (KSchG).
  2. The customer has the right to revoke the distance selling transaction within fourteen days without giving reasons. The revocation period begins on the day on which the customer or a third party named by him who is not the carrier has taken possession of the goods (or in the case of orders for several goods delivered separately: the last goods).
  3. In order to exercise the right of revocation, the customer must inform Wagenwerk GmbH by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of his or her decision to revoke the purchase transaction made by means of distance selling. For this purpose, the enclosed or model withdrawal form downloaded from this webshop be used.
  4. Zur Wahrung der Widerrufsfrist reicht es aus, dass der Kunde die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist per Post an die Anschrift der Fa. Wagenwerk GmbH (Hofstadt 1, A-3331 Hilm) sendet. Alternativ dazu kann die Widerrufserklärung auch per E-Mail an office@wagenwerk.at übersendet werden.
  5. If the purchase contract in question is revoked by the customer, Wagenwerk GmbH will reimburse the customer for all payments made by the customer, including the originally charged shipping costs (with the exception of additional costs for shipping methods that deviate from standard shipping and were expressly requested by the customer), without delay, but no later than within fourteen days from the day on which Wagenwerk GmbH received the notification of revocation. The same means of payment that the customer used for the original payment shall be used for the repayment, unless expressly agreed otherwise.
  6. Repayment may be delayed until Wagenwerk GmbH has received the goods back or until the customer has provided proof that the goods have already been returned.
  7. In any case, the customer shall bear the costs for the return shipment.
  8. The goods must be returned complete, including all accessories, in the original packaging.
  9. The customer shall only be liable for any reduction in the value of the goods if this reduction in value is due to handling that is not necessary for checking the condition, properties and functioning of the goods.

VII Warranty


  1. In the event that the purchased goods are defective, the customer is first entitled to demand that Wagenwerk GmbH improve (repair) or replace the defective goods. Wagenwerk GmbH shall be informed of this immediately. If the choice made by the customer is impossible for Wagenwerk GmbH or involves disproportionate effort, Wagenwerk GmbH is entitled to remedy the defect by means other than those chosen by the customer within the scope of warranty law.
  2. If warranty claims are asserted, the customer can either send the affected goods to Wagenwerk GmbH or hand them in directly there.
  3. The acceptance of the rejected goods does not constitute an acknowledgement of warranty claims on the part of Wagenwerk GmbH, if this requires a separate inspection. The customer will be informed of the result within a reasonable period of time.
  4. If the purchase transaction represents a business transaction for both contracting parties, the customer expressly agrees that Wagenwerk GmbH shall not be liable for warranty claims. The warranty is therefore expressly excluded in this case.

VIII. Change of address

The customer is obliged to notify Wagenwerk GmbH of any changes to his residential or business address as long as the legal transaction that is the subject of the contract has not been completely fulfilled by both parties. If the notification is omitted, declarations shall be deemed to have been received even if they are sent to the last address notified.

IX. Data protection


  1. Wagenwerk GmbH uses the personal data provided by the customer to fulfil and process the order, in particular when the customer visits the webshop, when the customer registers in the webshop or logs into an existing account and when the customer orders products. Wagenwerk GmbH will only use this customer data in accordance with the applicable legal provisions and this data protection notice and, if applicable, with the special consent of the customer.
  2. In addition, personal data and technical information are only processed to the extent necessary to prevent or prosecute misuse or other illegal behaviour on the website of Wagenwerk GmbH, e.g. to maintain data security in the event of attacks on the IT systems.

X. Choice of law, place of jurisdiction


  1. Austrian law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The contractual language is German.
  2. The contracting parties agree on Austrian jurisdiction. If the transaction is not a consumer transaction, the competent court at the registered office of Wagenwerk GmbH shall have exclusive local jurisdiction to decide on all disputes arising from this contract.
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