General Terms and Conditions

[1] GENERAL

Unless otherwise agreed between the two contract parties, the following terms of sales, purchasing and delivery for our quotations, contracts and shipments apply. Any deviating terms concerning sales, purchasing and delivery that are in contradiction to the following general terms and conditions are not accepted. Differing terms of the customer ("the buyer") are only acceptable if a respective confirmation in writing is available by us ("the seller"). Any verbal or written orders or the taking over of the delivery represent the acceptance of our general terms and conditions by the customer.

The order of the customer represents a unilateral legal transaction. A contract is only concluded after the acceptance of the order by the seller, latest with the consignment of the goods.

A placed order is only valid if our order form and all comprising fields / boxes indicated with "*" have been filled correctly. In case information is missing or we are not able to execute your order for what reasons ever, the customer will be informed accordingly. Before the final order is transmitted, the customer has the opportunity to adjust his order once again. Supporting detailed information will be provided to the customer directly within the order process.

As soon as the order process is finalized, the customer will receive the following information "Your order is completed and was successfully transmitted". This statement is not yet representing the acceptance of the order of the customer.

The contract between the two parties is saved by us and can be retrieved online through by customer's login option.

The contract language is German. In case there is any contradiction between the German and the English version of the General Terms and Conditions, the German version prevails.

 

[2] OFFER / QUOTATION

All quotations given by the seller about quantity, packing, prices and delivery periods are always none binding and recapturable until the moment the order of the customer was confirmed by us in writing and / or the order was already executed by us.

The order of the customer represents a unilateral legal transaction. A contract shall only be concluded after confirmation by us of such order. The customer will be informed about our acceptance by email.

In case we are not able to execute the order of our customers for what reason ever a respective email information will be sent accordingly.

Unless no other delivery period was agreed between the two parties we will deliver the consignment within 15 working days after the inquiry has been received and confirmed by us.

 

[3] PRICES AND TERMS OF PAYMENT

All prices are inclusive all taxes as Value Added Tax and fees. Transport charges are indicated separately.

For deliveries into none EEA (European Economic Area) countries the customer has to bear all import and export charges as well as custom levies, fees etc.

All prices are in EURO.

The payment has to be effected in advance or by PayPal.

Unless otherwise agreed between the two parties, the purchase price has to be paid within 5 working days from the order date without any deductions of any fees etc.

In the event of a payment delay, we reserve our right to charge default fees. Even in case of third party faults we are entitled to charge default interests of 12% p.a.; this shall have no effect on any claims for identified higher interests for indebted payment delay.

 

[4] DELIVERY / DISPATCH

All consignments take place - unless otherwise agreed between the two parties - on invoice and receivers risk term. The moment the goods are dispatched, the risk is transferred to the buyer. The choice for the packing - unless otherwise agreed between the two parties - will be in the discretion of the seller. Terms of delivery will be defined by the seller unless otherwise agreed between the two parties.

 

[5] RIGHT OF RETURN / WITHDRAWAL

Customers, that are consumers as per the Austrian Consumer Protection Law or any corresponding laws in their respective domicile countries, are entitled to withdraw the order within 14 calendar days from receipt of the shipment of the goods concluded through a distance selling contract (or within a distance selling contractual statement).

It is sufficient that the declaration of withdrawal is transmitted within the indicated time frame without stating of any reasons. Saturdays, Sundays and bank holidays are counted as calendar days with respect to the 14 days time limit.

In case of a withdrawal, a refund of the paid purchase price including shipment costs will only be effected by contemporaneous performance meaning the return of the delivered goods versus refund of the payment.

The return shipment of the goods will only be accepted by us if all required fees have been paid by the consumer, the goods show no damages, are free of any evidence of use and have been shipped in the original packing (re-sellable condition). The right of return is not applicable for pricewise reduced goods and goods undergoing special promotion activities.

Our address reads:
XRAY-Shop
Gerhard Binder
Margaretenstraße 120
1050 Vienna, Austria

Phone: +43 (0) 664 18 22 033

For goods that have been specifically produced according to the customers' requirements or goods that are not within the standard warehouse range, the right of return is not applicable.

 

[6] WARRANTY

The warranty complies with the legal regulations. The customer has to immediately check the delivered goods in terms of quantity and quality. Defects of any kind as deficiencies in quality, incomplete delivery, wrong delivery etc. have to be notified in writing to the seller within 5 working days.

 

[7] RESERVATION OF TITLE

The commodity remains our property up to the complete payment. In case of a payment delay by the customer we are entitled to make use of our rights as per the reservation of title. It further is agreed that the use of the reservation of title regulation does not represent a withdrawal of the contract hence we specifically declare such a withdrawal.

 

[8] COOKIES and DATA PROTECTION, PROMOTION EMAILS

The employees of XRAY-Shop are bound by the secrecy obligations according to the data protection laws. The customer agrees the use of personal data about the customer (Name, Company, Address and E-Mail Address) for reasons of accounting and customer administration. The personal data will be used for the fulfillment of any statutory requirements, for the implementation of respective payment transactions as well as for future visits of our Web-shop respectively for the personalization of Web-shop promotional offers. Customer data will not be forwarded to third parties unless this is absolutely required for the implementation of the order.

The customer agrees to the receipt of news from our company about our products, current offers and any other company related information through promotion Emails, specifically newsletters. The customer can at any time refuse the receipt of such Emails as follows:

Send a reply to the received Email indicating "Please no further Promotion Emails".

 

[9] CLAUSE OF VOIDANCE

In case specific terms between the customer and us are or will be null and void or contestable, all other terms and conditions will not be effected thereof.

 

[10] LIABILITY

In case of an ineffectiveness of a liability limitation or an exclusion of liability of these general terms and conditions, the liability of the seller is limited to the typical and predictable damages. In case any of the previous clauses is declared null and void, all others shall not be effected thereof and remain valid. The parties further agree to replace any void terms - as far as legally acceptable - by such clauses that fulfill the economic purpose of the transaction to its utmost. Place of performance and legal venue for both contract parties is Vienna, Austria.

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Sehr geehrte Kunden,

wegen der kommenden Weihnacht Feiertage koennen wir Bestellungen, die noch 2018 geliefert werden sollen, nur bis zum 16/12/2018 12-oo CET annehmen. Bestellungen die wir nach diesem Zeitpunkt erhalten, koennen wir erst nach dem 07/01/2019 bearbeiten.

Wir bitten um Verstaendnis

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Dear Customers,

because of the upcoming Christmas holidays, we can accept orders to be delivered in 2018, only until 16/12/2018 12-oo CET. Orders we receive after this time, we can only process after 07/01/2019.

We ask for your understanding