General Terms and Conditions for Online Customers of SAMINA Deutschland GmbH
§ 1 Scope of application
(1) The following "General Terms and Conditions" (GTC) shall apply in the version valid on the day of the order for all purchase contracts for products and services of SAMINA Deutschland GmbH and its customers. Any deviating agreements must be made in writing. By placing an order or signing the order confirmation, the customer agrees to these GTC and is bound by them. They therefore also apply to all future business relationships, even if they are not agreed again.
(2) Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.
§ 2 Conclusion of contract
(1) SAMINA Deutschland GmbH reserves the right to change the content of the respective range of services at any time. All offers of SAMINA Deutschland GmbH (brochures, catalogues, price lists, webshop) are subject to change and non-binding.
(2) The order is a binding offer. SAMINA Deutschland GmbH may accept this offer at its discretion within 30 days by sending an order confirmation or by sending the ordered goods to the customer within this period.
§ 3 Contract language
The content of the contract, all other information, customer service and complaint handling are always offered in written form and in German. Verbal agreements are not valid.
§ 4 Right of cancellation for consumers / cancellation policy (mail order transactions)
In the case of a distance selling transaction (order via telephone or email, without direct contact between consumer and seller), the customer can cancel their contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the goods are handed over to them before the deadline expires - by returning the goods.
The period begins on the day after receipt of this instruction in text form, but not before receipt of the goods by the recipient and also not before fulfilment of the information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and the obligations pursuant to § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the cancellation or the goods is sufficient to comply with the cancellation period.
The cancellation must be sent to:
SAMINA Deutschland GmbH
Langenweg 24 88313
Lindau
E-Mail: samina@samina.com
Consequences of cancellation: In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived, e.g. interest, must be surrendered. If the customer is unable to return the services received to the vendor in whole or in part or only in a deteriorated condition, the customer must compensate the vendor for the loss in value.
This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection, as would have been possible for the customer in a shop, for example. Otherwise, the customer can avoid the obligation to pay compensation for any deterioration caused by the intended use of the item by not using the item as if it were his property and refraining from doing anything that could impair its value.
Items that can be sent by parcel post are to be returned at the seller's risk. The buyer must always bear the costs of sending the goods and, in principle, the costs of returning them. Obligations to refund payments must be fulfilled within 30 days. The period begins for the customer with the dispatch of his declaration of cancellation or the goods, for the seller with their receipt.
Special sizes and customised products as well as all used hygiene and pure new wool items (especially blankets, cushions and pillows) are excluded from return.
Exception cancellation policy for custom-made products and hygiene articles
The right of cancellation does not apply to distance selling contracts for the delivery of goods that have been specially made for the customer at the customer's specific request or that have been tailored to the customer's specific needs. All used hygiene and sheep's wool articles (especially blankets, covers and cushions) are also excluded from cancellation.
§ 5 Warranty / notice of defects / compensation
(1) Obvious defects must be reported by the Buyer to the Seller in writing within four weeks of delivery of the subject matter of the contract.
(2) The purchaser initially has the choice of whether the subsequent fulfilment is to be carried out by rectification or replacement delivery. However, SAMINA Deutschland GmbH shall be entitled to refuse the type of subsequent fulfilment chosen by the purchaser if it is only possible at disproportionate cost and the other type of subsequent fulfilment is without significant disadvantages for the purchaser. During subsequent fulfilment, reduction of the purchase price or withdrawal from the contract by the buyer are excluded. Subsequent fulfilment shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. If the subsequent fulfilment has failed or if the seller has refused subsequent fulfilment altogether, the buyer may, at his discretion, demand a reduction in the purchase price (reduction) or declare his withdrawal from the contract.
(3) SAMINA Deutschland GmbH shall charge an appropriate fee for the reduction in value of items that are impaired or damaged by signs of use.
(4) The Buyer may only assert claims for damages under the following conditions due to the defect if the subsequent fulfilment has failed or the Seller has refused subsequent fulfilment. The Buyer's right to assert further claims for damages under the following conditions remains unaffected.
(5) Notwithstanding the above provisions and the following limitations of liability, SAMINA Deutschland GmbH shall be liable without limitation for damage to life, body and health resulting from a negligent or wilful breach of duty by its legal representatives and vicarious agents, as well as for damage covered by liability under the Product Liability Act, and for all damage resulting from wilful or grossly negligent breaches of contract and fraudulent intent by its legal representatives or vicarious agents. Insofar as the seller has given a guarantee of quality and/or durability with regard to the goods or parts thereof, he shall also be liable within the scope of this guarantee. However, the seller shall only be liable for damages that are based on the absence of the guaranteed quality or durability but do not occur directly on the goods if the risk of such damage is clearly covered by the quality and durability guarantee.
(6) SAMINA Deutschland GmbH shall also be liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for the fulfilment of the purpose of the contract (cardinal obligations). However, it shall only be liable insofar as the damage is typically associated with the contract and foreseeable. The seller shall not be liable for simple negligent breaches of secondary obligations that are not essential to the contract. The limitations of liability arising in sentences 1 to 3 shall also apply insofar as the liability for the legal representatives, executive employees or other vicarious agents is affected.
(7) Any further liability is excluded regardless of the legal nature of the asserted claim. Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, workers, staff, representatives and vicarious agents.
(8) The warranty period is two years, calculated from the transfer of risk. This period shall also apply to claims for compensation for consequential harm caused by a defect, provided that no claims in tort are asserted.
§ 6 Obligation to notify defects
For non-obvious defects, the notification of defects may not be regulated in the GTCs for less than two years (one year for used goods). The period begins at the start of the statutory limitation period.
§ 7 Prices
(1) In principle, the agreed purchase price for the goods shall be the price stated in the current brochures, catalogues, price lists, web shop or similar publications of SAMINA Deutschland GmbH.
(2) Unless otherwise stated, all prices are to be understood as "gross prices", i.e. including statutory VAT, but excluding all expenses and costs incurred in connection with dispatch or delivery and assembly. The prices for the deliveries and services offered do not include costs charged by third parties.
(3) Should export or import duties or other customs clearance costs become due in the course of despatch, these shall also be borne by the customer.
§ 8 Rights of set-off and retention
The purchaser shall only be entitled to offset if his counterclaims have been legally established or are undisputed. The purchaser is only authorised to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 9 Retention of title
(1) The Seller shall retain title to the delivered item until all claims arising from the delivery contract have been paid in full.
(2) The buyer is obliged to treat the purchased item with care as long as the ownership of high-quality goods has been transferred to him. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value. As long as ownership has not yet been transferred, the buyer must inform the seller immediately in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is not in a position to reimburse the Seller for the court and out-of-court costs of an action pursuant to § 771 ZPO (German Code of Civil Procedure), the Buyer shall be liable for the loss incurred by the Seller.
§ 10 Terms of delivery
(1) Delivery shall normally be made within 14 working days of the customer's order, but in any case within 30 days of the order date (longer delivery dates shall be agreed with the customer in advance). If SAMINA Deutschland GmbH is unable to accept an order due to the unavailability of the goods, it shall inform the customer immediately.
(2) Delivery shall be made to the address specified by the customer. In the event of incorrect, incomplete or unclear information provided by the customer, the customer shall bear all resulting costs.
§ 11 Terms of payment
(1) Payment of the purchase price is possible via PayPal or payment in advance to the account specified in the order confirmation. The deduction of a cash discount is only permitted by special written agreement.
§ 12 Prohibition of assignment and pledging
Rights arising from transactions concluded with SAMINA Deutschland GmbH, in particular warranty claims, are not transferable. The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis SAMINA Deutschland GmbH is excluded unless the seller consents in writing. SAMINA Deutschland GmbH shall only be obliged to give its consent if the purchaser can prove a justified interest in the assignment or pledge.
§ 13 Data protection / cancellation of email advertising
(1) The employees of SAMINA Deutschland GmbH are subject to the confidentiality obligations of the Data Protection Act.
(2) The purchaser recognises that the use of the data about the purchaser stated in the contract will be stored and processed for accounting and customer record purposes. The data will be used to fulfil legal requirements and to process payment transactions. Customer data will not be passed on to third parties unless this is absolutely necessary for the fulfilment of the contract. Contractual partners of SAMINA Deutschland GmbH have been instructed about these data protection provisions and are obliged accordingly.
(3) The customer agrees to be informed about services and products of SAMINA Deutschland GmbH (events, publications) also by e-mail. This consent may be revoked by the customer at any time.
§ 14 Place of jurisdiction and applicable law
(1) This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG)
(2) The competent court at the registered office of SAMINA Deutschland GmbH shall have exclusive jurisdiction for any disputes.
(3) The place of fulfilment is the registered office of SAMINA Deutschland GmbH.
§ 15 Severability clause
Should an individual provision of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.
General Terms and Conditions for Customers of SAMINA Produktions- und Handels GmbH
§ 1 Scope of application
(1) The following "General Terms and Conditions" (GTC) shall apply in the version valid on the day of the order for all purchase contracts for products and services of SAMINA Produktions- und Handels GmbH and its customers. Any deviating agreements must be made in writing. By placing an order, the customer agrees to these GTC and is bound by them.
(2) Should individual provisions of these GTC be or become invalid in whole or in part due to mandatory statutory provisions, the remaining provisions of these GTC shall remain in full force and effect.
§ 2 Conclusion of contract
SAMINA Produktions- und Handels GmbH reserves the right to change the content of the respective range of services at any time. All offers of SAMINA Produktions- und Handels GmbH (brochures, catalogues, price lists, webshop...) are subject to change. The contract is concluded upon acceptance of the order by SAMINA Produktions- und Handels GmbH, either by sending an order confirmation or directly by dispatching the ordered goods.
§ 3 Contract language
The content of the contract, all other information, customer service and complaint handling are offered in German throughout.
§ 4 Right of cancellation/right of withdrawal in distance selling
(1) Customers who are consumers within the meaning of the Consumer Protection Act may withdraw from a contract concluded at a distance (i.e. by fax, e-mail, webshop, telephone, etc.) (or their order placed at a distance) within a period of seven working days from receipt of delivery of the ordered goods (right of cancellation).
(2) In the event of cancellation, the purchase price shall only be refunded concurrently with the return of the goods received by the customer. The condition for this is that the goods are unused and in a condition suitable for resale as new. The costs of returning the goods shall be borne by the customer.
(3) SAMINA Produktions- und Handels GmbH shall charge an appropriate fee for the reduction in value for items that are impaired or damaged by signs of use.
(4) The right of cancellation shall not apply to distance selling contracts for the delivery of goods which have been specially manufactured for the customer at the customer's specific request or which have been tailored to the customer's specific needs. All used hygiene and pure new wool articles (especially blankets, cushions and pillows) are also excluded from cancellation.
§ 5 Prices
(1) In principle, the purchase price for the ordered goods shall be deemed to have been agreed as set out in the current brochures, catalogues, price lists, web shop or similar publications of SAMINA Produktions- und Handels GmbH.
(2) Unless otherwise stated, all prices are to be understood as "gross prices", i.e. including statutory VAT but excluding all costs and expenses incurred in connection with dispatch.
(3) Should export or import duties or other customs clearance costs become due in the course of despatch, these shall also be borne by the purchaser/customer. The prices for the deliveries and services offered do not include costs charged by third parties.
§ 6 Terms of delivery
(1) Delivery is normally made within 14 working days of the customer's order, but in any case within 30 days of the order date. If we are unable to accept an order - for example due to the unavailability of the goods - we will inform the customer immediately.
(2) Delivery shall be made to the address specified by the customer. In the event of incorrect, incomplete or unclear information provided by the customer, the customer shall bear all resulting costs.
§ 7 Terms of payment
(1) Terms of payment by agreement. Subject to change without notice. The SAMINA online shop offers the payment options Paypal or prepayment by bank transfer.
(2) In the event of late payment, default interest of 5% p.a. will be charged. In the event of default of payment, the customer shall be obliged to reimburse SAMINA Produktions- und Handels GmbH for all reminder and collection expenses incurred by SAMINA Produktions- und Handels GmbH as a result of this default of payment and necessary for appropriate legal prosecution. SAMINA Produktions- und Handels GmbH reserves the right to claim higher damages caused by default.
§ 8 Warranty and compensation
(1) Any defects occurring shall - without any adverse legal consequences for the customer, who is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), in case of omission - be notified upon delivery or as soon as they become apparent.
(2) In the event of a justified complaint about a defect, SAMINA Produktions- und Handels GmbH shall be entitled, at its discretion, to remedy the defect, in particular by supplying individual replacement parts, or to supply a replacement. This shall be done step by step. SAMINA shall be entitled to demand that the goods complained about be returned to the production plant in order to be able to professionally assess and process the defect complained about. If the rectification of defects fails or if we are unable to provide a replacement delivery, the customer shall be entitled to demand a price reduction or, if the defects are not minor, cancellation of the contract. The statutory warranty provisions shall apply to customers who are consumers within the meaning of the Austrian Consumer Protection Act (KSchG).
(3) SAMINA Produktions- und Handels GmbH shall only be liable for damages in cases of intent and gross negligence, with the exception of damages to persons. Compensation for consequential damages and pure financial losses shall be excluded vis-à-vis entrepreneurs. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction.
§ 9 Retention of title
SAMINA Produktions- und Handels GmbH shall retain title to the object of purchase until receipt of the full purchase price.
§ 10 Data protection
(1) The employees of SAMINA Produktions- und Handels GmbH are subject to the confidentiality obligations of the Data Protection Act.
(2) The customer recognises that the use of the customer data specified in the contract will be stored and processed for the purposes of our accounting and customer records. The data will be used to fulfil legal requirements and to process payment transactions. Customer data will not be passed on to third parties unless this is absolutely necessary for the fulfilment of the contract. Contractual partners of SAMINA Produktions- und Handels GmbH have been instructed about these data protection provisions and are obliged accordingly.
(3) The customer agrees to be informed about services and products of SAMINA Produktions- und Handels GmbH (events, publications...) also by e-mail. This consent may be revoked by the customer at any time.
§ 11 Place of jurisdiction and applicable law
(1) This contract shall be governed by Austrian substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, the mandatory provisions of the law of the country in which he has his habitual residence shall also apply to this contract.
(2) The competent court at the registered office of SAMINA Produktions- und Handels GmbH shall have exclusive jurisdiction for any disputes. If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the court in whose district the customer's domicile, habitual residence or place of employment is located shall have jurisdiction.
(3) The place of fulfilment is the registered office of SAMINA Produktions- und Handels GmbH.
General terms and conditions for online customers of SAMINA AG
§ 1 Scope of application
(1) The following "General Terms and Conditions" (GTC) shall apply in the version valid on the day of the order for all purchase contracts for products and services of SAMINA AG (Seller) and its customers (Buyer, Orderer). Any deviating agreements must be made in writing. By submitting his order or placing an order, the customer declares his agreement with these GTC and agrees to be bound by them.
(2) Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.
§ 2 Offer
(1) SAMINA AG reserves the right to change the content of the respective range of services at any time. All offers of SAMINA AG (brochures, catalogues, price lists, web shop) are subject to change and non-binding.
(2) Information provided by telephone is non-binding unless it is clearly an offer with a specific validity date. Offers made in writing, in a personal conversation, by fax or by e-mail are considered binding and are valid for four weeks, unless otherwise agreed in writing.
(3) An offer is accepted when the buyer declares this in writing, by telephone, fax, e-mail or in person. The Seller shall confirm acceptance of the order in writing, by fax, e-mail or in another suitable manner.(4) If the Buyer wishes to make changes to the confirmation of acceptance, the Seller shall inform him within one week whether the change is possible and what effects it will have on the provision of the delivery/service, deadlines and prices.
§ 3 Contract language
The content of the contract, all other information, customer service and complaint handling are always in written form and in German.
§ 4 Prices
(1) In principle, the agreed purchase price for the goods shall be the price stated in the current brochures, catalogues, price lists, web shop or similar publications of SAMINA AG.
(2) Unless otherwise stated, all prices are quoted as "gross prices", i.e. including statutory VAT, but excluding all expenses and costs incurred in connection with dispatch or delivery and assembly. The prices for the deliveries and services offered do not include costs charged by third parties.
(3) Unless otherwise agreed, all costs incurred in connection with delivery and/or assembly shall be borne by the Buyer. The prices for the deliveries and services offered do not include costs charged by third parties.
§ 5 Terms of delivery and right of return
(1) SAMINA AG undertakes to deliver the agreed products to the customer on or shortly before the date specified in the acceptance confirmation, while the purchaser undertakes to take delivery of these products at the predetermined time.
(2) If delivery has been agreed, delivery shall be made to the address specified by the customer. In the event of incorrect, incomplete or unclear information or non-acceptance by the customer, the customer shall bear all resulting costs.
(3) SAMINA AG reserves the right to charge the customer for the costs of traces of use and depreciation following the separately agreed and, without exception, fair return of used goods. All discounts granted will be cancelled (including transport and/or installation/assembly costs not invoiced). The costs of returning, dismantling or similar shall be borne by the customer.
(4) Special sizes and customised products as well as all used hygiene and pure new wool articles (especially blankets, cushions and pillows) are excluded from return.
§ 6 Terms of payment
(1) Unless otherwise agreed in writing, the payment options offered in the online shop are Paypal or prepayment by bank transfer.
(2) In the event of late payment, default interest of 5% shall be owed. In the event of default of payment, the customer shall be obliged to reimburse SAMINA AG for all reminder and collection expenses incurred by SAMINA AG as a result of this default of payment and necessary for appropriate legal prosecution.
§ 7 Retention of title
The object of purchase shall remain the property of SAMINA AG until full payment has been made. The seller is authorised to have the retention of title entered in the relevant register.
§ 8 Data protection
(1) The employees of SAMINA AG are subject to the confidentiality obligations of the Data Protection Act.
(2) The customer recognises that the use of the customer data specified in the contract will be stored and processed for the purposes of our bookkeeping and customer records. The data will be used to fulfil legal requirements and to process payment transactions. Customer data will not be passed on to third parties unless this is absolutely necessary for the fulfilment of the contract. Contractual partners of SAMINA AG have been instructed about these data protection provisions and are obliged accordingly.
(3) The customer agrees to be informed about services and products of SAMINA AG (events, publications...) also by e-mail. This consent may be revoked by the customer at any time.
§ 9 Warranty and compensation for damages
(1) SAMINA AG must be notified immediately of any defects that occur. The provisions of the OR shall apply.
(2) In the event of a justified complaint about a defect, SAMINA AG shall be entitled, at its discretion, to remedy the defect, in particular by supplying individual replacement parts, or to make a replacement delivery. The seller shall be entitled to demand that the goods complained of be returned to the production plant in order to be able to professionally assess and process the defect complained of. If the rectification of defects fails or if the Seller is unable to provide a replacement delivery, the Customer shall be entitled to demand a price reduction, if the defects are not minor, cancellation of the contract or replacement goods of the same type.
(3) SAMINA AG shall only be liable for damages caused by intent and gross negligence. Compensation for consequential damages and pure financial losses shall be excluded.
§ 10 Place of jurisdiction/applicable law
This contract shall be governed by Swiss law, in particular the provisions on sales contracts (Art. 184 et seq. of the Swiss Code of Obligations). The place of jurisdiction is the registered office of SAMINA AG in Switzerland. General Terms and Conditions for Online Customers of SAMINA Produktions- und Handels GmbH
General terms and conditions for online customers of SAMINA Produktions- und Handels GmbH
§ 1 Scope of application
(1) The following "General Terms and Conditions" (GTC) shall apply in the version valid on the day of the order for all purchase contracts for products and services of SAMINA Produktions- und Handels GmbH and its customers. Any deviating agreements must be made in writing. By placing an order, the customer agrees to these GTC and is bound by them.
(2) Should individual provisions of these GTC be or become invalid in whole or in part due to mandatory statutory provisions, the remaining provisions of these GTC shall remain in full force and effect.
§ 2 Conclusion of contract
SAMINA Produktions- und Handels GmbH reserves the right to change the content of the respective range of services at any time. All offers of SAMINA Produktions- und Handels GmbH (brochures, catalogues, price lists, webshop...) are subject to change. The contract is concluded upon acceptance of the order by SAMINA Produktions- und Handels GmbH, either by sending an order confirmation or directly by dispatching the ordered goods.
§ 3 Contract language
The content of the contract, all other information, customer service and complaint handling are offered in German throughout.
§ 4 Right of cancellation/right of withdrawal in distance selling
(1) Customers who are consumers within the meaning of the Consumer Protection Act may withdraw from a contract concluded at a distance (i.e. by fax, e-mail, webshop, telephone, etc.) (or their order placed at a distance) within a period of seven working days from receipt of delivery of the ordered goods (right of cancellation).
(2) In the event of cancellation, the purchase price shall only be refunded concurrently with the return of the goods received by the customer. The condition for this is that the goods are unused and in a condition suitable for resale as new. The costs of returning the goods shall be borne by the customer.
(3) SAMINA Produktions- und Handels GmbH shall charge an appropriate fee for the reduction in value for items that are impaired or damaged by signs of use.
(4) The right of cancellation shall not apply to distance selling contracts for the delivery of goods which have been specially manufactured for the customer at the customer's specific request or which have been tailored to the customer's specific needs.
§ 5 Prices
(1) In principle, the purchase price for the ordered goods shall be deemed to have been agreed as set out in the current brochures, catalogues, price lists, web shop or similar publications of SAMINA Produktions- und Handels GmbH.
(2) Unless otherwise stated, all prices are to be understood as "gross prices", i.e. including statutory VAT but excluding all costs and expenses incurred in connection with dispatch.
(3) Should export or import duties or other customs clearance costs become due in the course of despatch, these shall also be borne by the purchaser/customer. The prices for the deliveries and services offered do not include costs charged by third parties.
§ 6 Terms of delivery
(1) Delivery is normally made within 14 working days of the customer's order, but in any case within 30 days of the order date. If we are unable to accept an order - for example due to the unavailability of the goods - we will inform the customer immediately.
(2) Delivery shall be made to the address specified by the customer. In the event of incorrect, incomplete or unclear information provided by the customer, the customer shall bear all resulting costs.
§ 7 Terms of payment
(1) Terms of payment by agreement. Subject to change without notice. The SAMINA online shop offers the payment options Paypal or prepayment by bank transfer.
(2) In the event of late payment, default interest of 5% p.a. will be charged. In the event of default of payment, the customer shall be obliged to reimburse SAMINA Produktions- und Handels GmbH for all reminder and collection expenses incurred by SAMINA Produktions- und Handels GmbH as a result of this default of payment and necessary for appropriate legal prosecution. SAMINA Produktions- und Handels GmbH reserves the right to claim higher damages caused by default.
§ 8 Warranty and compensation
(1) Any defects occurring shall - without any adverse legal consequences for the customer, who is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), in case of omission - be notified upon delivery or as soon as they become apparent.
(2) In the event of a justified complaint about a defect, SAMINA Produktions- und Handels GmbH shall be entitled, at its discretion, to remedy the defect, in particular by supplying individual replacement parts, or to supply a replacement. This shall be done step by step. SAMINA shall be entitled to demand that the goods complained about be returned to the production plant in order to be able to professionally assess and process the defect complained about. If the rectification of defects fails or if we are unable to provide a replacement delivery, the customer shall be entitled to demand a price reduction or, if the defects are not minor, cancellation of the contract. The statutory warranty provisions shall apply to customers who are consumers within the meaning of the Austrian Consumer Protection Act (KSchG).
(3) SAMINA Produktions- und Handels GmbH shall only be liable for damages in cases of intent and gross negligence, with the exception of damages to persons. Compensation for consequential damages and pure financial losses shall be excluded vis-à-vis entrepreneurs. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction.
§ 9 Retention of title
SAMINA Produktions- und Handels GmbH shall retain title to the object of purchase until receipt of the full purchase price.
§ 10 Data protection
(1) The employees of SAMINA Produktions- und Handels GmbH are subject to the confidentiality obligations of the Data Protection Act.
(2) The customer recognises that the use of the customer data specified in the contract will be stored and processed for the purposes of our accounting and customer records. The data will be used to fulfil legal requirements and to process payment transactions. Customer data will not be passed on to third parties unless this is absolutely necessary for the fulfilment of the contract. Contractual partners of SAMINA Produktions- und Handels GmbH have been instructed about these data protection provisions and are obliged accordingly.
(3) The customer agrees to be informed about services and products of SAMINA Produktions- und Handels GmbH (events, publications...) also by e-mail. This consent may be revoked by the customer at any time.
§ 11 Place of jurisdiction and applicable law
(1) This contract shall be governed by Austrian substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, the mandatory provisions of the law of the country in which he has his habitual residence shall also apply to this contract.
(2) The competent court at the registered office of SAMINA Produktions- und Handels GmbH shall have exclusive jurisdiction for any disputes. If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the court in whose district the customer's domicile, habitual residence or place of employment is located shall have jurisdiction.
(3) The place of fulfilment is the registered office of SAMINA Produktions- und Handels GmbH.