Terms and conditions

1. Validity

1.1   The following "terms of business” shall apply to all suppliers and customers for all quotations and services provided by our enterprise. They shall form the basis of all further legal transactions taking place between the contracting parties. All contracts shall be subject to the general trading terms outlined by the contracting party at the time of signature. Full terms and conditions can be found on our homepage.

1.2   Even if the commodity is not ordered over the internet, the terms and conditions shall still apply. Acceptance of these terms and conditions shall be inferred by the signature of any agreement between the parties.

1.3   Any variation in standard terms and conditions shall only be valid where an express agreement is made between the two parties in writing specifying the variation(s). The full or partial fulfilment of a contract on “TIGAL” Galizia Limited Partnership’s part does not constitute the acceptance of a deviation from the standard terms and conditions.

1.4   In the absence of any mandatory legislation or express contractual terms, the standard terms and conditions shall apply in all cases.

1.5   Contracting Parties: the "TIGAL" Galizia Limited Partnership shall enter into contractual relationships exclusively with customers who fulfil the following criteria:

• registered legal entities
• Naturalised persons of sound mind, over the age of 18.

If an order should be inadvertently accepted without the above conditions being fulfilled the "TIGAL" Galizia Limited Partnership can, within an appropriate period of time from discovery of this fact, withdraw from the contractual agreement immediately and without notice.  An individual not fulfilling the above criteria entering into a contract with "TIGAL" Galizia Limited Partnership shall be wholly liable for any financial or other loss resulting to them from the termination of this agreement under the conditions outlined above.

2. Offer and Contractual status

2.1   Our offers are non-binding. The contract becomes valid by,

• the sending of the written confirmation of order, or
• the dispatch of the ordered commodity, or
• the provision of a service.

2.2   “TIGAL” Galizia Limited Partnership shall not be responsible for damages resulting from non-arrival of an order due to a technological or other failure on the part of the customer.

3. Right of cancellation

3.1   After receipt of the product or service the customer has the right to withdraw from the contract within 14 days by sending off of a written declaration outlining their intention to withdraw from the contract. The period begins with the arrival of the product with the customer, or on the day of the commencement of services to the customer provided by “TIGAL” Galizia Limited Partnership. This cancellation period is protected and its validity shall be determined by notice to withdraw from services provided by “TIGAL” Galizia Limited Partnership.

3.2   If the customer wishes to return the product under the terms outlined in 3.1 he or she has an obligation to the return the product immediately. Forwarding expenses (postage) and any risks are to be covered by the customer unless an error was made by “TIGAL” Galizia Limited Partnership in the dispatch of the product.

3.3   The "TIGAL" Galizia Limited Partnership will immediately refund the customer the purchase price of the product upon its physical return at “TIGAL” Galizia Limited Partnership’s premises. This is conditional on the product being returned undamaged and unused. Packaging and forwarding expenses will not be returned.

3.4   The following product groups are exempt from the return and refund policy outlined in 3.2 and 3.3:

• Individual electronic components (microprocessors etc.)
• Software with seal not intact.

3.5   IMPORTANT: Before returning a product under the terms outlined above, the customer must contact a “TIGAL” Galizia Limited Partnership customer services agent and obtain a valid RMA (Return Merchandise Authorization) number. The RMA number must be visibly included on the return parcel. “TIGAL” Galizia Limited Partnership will not accept any return parcels without a visible and valid RMA number, and the parcel will be returned to customer at the customer’s expense. 

4. Availability

Should ,for whatever reason, "TIGAL" Galizia Limited Partnership find that the product or service ordered is no longer available or cannot for legal reasons, be supplied then "TIGAL" Galizia Limited Partnership may offer an equivalent product or service or a refund. We commit to offer a refund or replacement within 3 working days of the order being received. If a refund is requested, and "TIGAL" Galizia Limited Partnership has already received payment in their account then "TIGAL" Galizia Limited Partnership commits to return the payment at the earliest possible opportunity.

5. Pricing

5.1   All prices are exclusive of VAT, unless expressly identified in writing to be otherwise by "TIGAL" Galizia Limited Partnership.

5.2   Should production or other costs (including those for materials, energy, transportation, foreign work, financing etc.) rise, "TIGAL" Galizia Limited Partnership reserves the right to increase or reduce prices quoted on its website to reflect these additional costs at any time.

5.3   Should erroneous pricing or product information be displayed by "TIGAL" Galizia Limited Partnership, "TIGAL" Galizia Limited Partnership reserves the right to amend the information to rectify this error(s) and commits to inform the customer in such cases immediately after recognizing the error(s) and/or by amending the information displayed online. The customer shall have the right to continue with the agreement under the revised conditions or may withdraw from the contract. If a customer wishes to withdraw from the contract in this circumstance and payment has already been made, then "TIGAL" Galizia Limited Partnership commits to return the payment to the customer at the earliest possible opportunity.

6. Terms of payment

Conditions of payment are cash in advance, by means of bank credit transfer, by credit card or PayPal. Payments of the customer apply only at the time of receipt of the funds on “TIGAL” Galizia Limited Partnership’s trading account including any possible banking or service charges. A partial payment is not recognized and causes no dispatch of the ordered product.

7. Supply, transport, default of acceptance

7.1   Costs and risks are passed on to the customer starting from delivery of the commodity to the transport enterprise. Estimated delivery times are non-committal and non-binding.

7.2   If the customer does not take over the commodity as agreed upon delivery (default of acceptance), “TIGAL” Galizia Limited Partnership is entitled, after unsuccessful attempts of redelivery, to apply any possible additional costs incurred to the customer. At the same time “TIGAL” Galizia Limited Partnership is entitled to insist either on fulfilment of the contract or withdrawing from the contract and selling the commodity to a different customer with a minimum of two weeks’ notice.

8. Retention of title

"TIGAL" Galizia Limited Partnership reserves the right of property of all goods, which are delivered to a customer, up to the final and complete payment of the supplied commodity. In cases where "TIGAL" Galizia Limited Partnership exchanges a commodity in the context of the guarantee, the retention of title applies. It is also agreed upon that the returned commodity becomes unrestricted property of "TIGAL" Galizia Limited Partnership.

9. Place of delivery

Place of delivery is the location of “TIGAL” Galizia Limited Partnership.

10. Guarantee and compensation

10.1   "TIGAL" Galizia Limited Partnership ensures that the products are not afflicted with errors at the time of the dispatch, which waive or reduce the value or the fitness under normal use.

10.2   The duration of the 12 month guarantee begins at dispatch.

10.3   Possible repairs are accomplished and/or exchanged directly by the manufacturer. The repairs or the exchanges of exclusively “TIGAL” Galizia Limited Partnership commodities have to be made by "TIGAL".

10.4   Defects resulting from above average stress applied to the commodity, exposure to environments beyond recommended limits, repair attempts by the customer or inappropriate use cannot be covered by the guarantee. This also applies to any wearing parts.

10.5   Electronic components such as microprocessors etc. are excluded from the guarantee.

10.6   The customer is obliged to examine the commodity immediately after receipt for its completeness and make sure that there are no defects. The customer must report any defects within 7 working days in writing to a “TIGAL” Galizia Limited Partnership customer care agent. The customer agent will determine whether the commodity can be returned and assign an RMA number, which must be visibly placed on any return parcels. IMPORTANT: Any return parcel without previous written notice will NOT be accepted from the carrier.

10.7   Should a delivery not be completed, "TIGAL" Galizia Limited Partnership commit themselves to complete the remaining obligations at its earliest possible opportunity. In the case of the defectiveness of the commodity "TIGAL" Galizia Limited Partnership has the possibility of either repairing the commodity or ensuring replacement. If the repaired or replaced commodity is also defective, the customer is entitled to accept an offered reduction in price or withdraw from the contract.

10.8   Before connection or transport of IT-specific products and/or before installation of computer programs the customer is obligated to make the necessary arrangements to secure and backup the volume of data already existing on the computer system. “TIGAL” Galizia Limited Partnership does not take any responsibility for data loss or damages caused by possible data loss caused by the use or possible malfunction of IT-specific products or software.

11.  Product liability

Under the Product Liability Act (PLA) there is a liability if, by a defective product, a person is killed or injured on the body or has sustained damage to the person’s health or has caused physical damage(s). According to the PLA, the liability is of the enterprise that produced and brought the good into circulation and/or the entrepreneur who introduced it to the European Economic Region and as importer placed it in the market. If the manufacturer or the importer cannot be found liable, each reseller, distributor or retailer can be held liable, unless, within appropriate time period, the manufacturer and/or importer who supplied the defective product can be named.

Provisions of these Conditions, which are contrary to the PLA are - as far as they are binding law - are replaced by the PLA.

Compensation claims within the meaning of Section 12 of the product liability law are excluded, unless the claimant can show that the error was caused by our gross negligence. In all other respects the rules of the PLA remain unaffected.

12. Data security, change of address

The customer gives his consent that the personal data collected in fulfilling this contract are automatically processed and stored by “TIGAL” Galizia Limited Partnership. The customer is obligated to inform “TIGAL” Galizia Limited Partnership of any changes to his or her living and/or business address or other contact details until the contractual transaction as set out in this agreement is not mutually complete. The notification of these statements is deemed to have been received once the shipment has left from “TIGAL” Galizia Limited Partnership premises to the last known customer address. “TIGAL” Galizia Limited Partnership will not sell, rent or disclose any shared data involved exchanged during this agreement with any third party.

13. Validity

In the case of possible invalidity of individual provisions in this contract, the remaining provisions remain valid.

14. Right choice, area of jurisdiction

The applicability of the UN Purchase Right is expressly excluded. The contract language is German or English. The Contracting Parties agree upon expressly the exclusive use of Austrian law before Austrian courts. If it does not concern a consumer business, the court essentially responsible at the seat of our enterprise is responsible for the decision of all disputes developing with reference to this contract.

"TIGAL" Galizia Limited Partnership
Managing Director: Mr. Andrea Tiziano Galizia
Wintergasse 52
A-3002 Purkersdorf (Austria)
Registration number: 278101y
VAT Code: ATU62589906
Municipal Authority: District Head - Wien-Umgebung (Vienna Surroundings)