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Terms and conditions 1. Validity1.1 The following "terms of business” shall apply to all suppliers and customers for all quotations and services provided by our enterprise application. 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 fulfillment of a contract on our part does not constitute the acceptance of a deviation from our standard terms and conditions. 1.4 In the absence of any overreaching legislation or express contractual terms then 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 fulfill the following criteria:
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 status2.1 Our offers are non-binding. The contract shall be fulfilled by,
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 cancellation3.1 After receipt of the product or service the consumer 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 that services to the customer provided by “TIGAL” Galizia Limited Partnership commence. 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 on its return. 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:
4. AvailabilityShould ,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. Pricing5.1 All prices unless expressly identified in writing by "TIGAL" Galizia Limited Partnership as otherwise are exclusive of VAT. 5.2 Should production or other costs, including those for materials, energy, transportation, foreign work, financing etc rise then "TIGAL" Galizia Limited Partnership reserves the right to increase or reduce prices on our homepage to reflect these additional costs. 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 amending the information displayed. 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 paymentConditions of payment are cash in advance by means of bank credit transfer or by credit card. Payments of the customer apply only with the time of the entrance on our trading account as performed out and have to us to take place free of charge. A partial payment is not recognized and causes no dispatch of the ordered product. 7. Supply, transport, default of acceptanceStarting from delivery of the commodity to the transport enterprise costs and danger turn into the customer. Times for delivery are noncommittal. If the customer did not take over the commodity as agreed upon (default of acceptance), we are entitled after unsuccessful applying of a respite to place possibly resulting costs to the customer in calculation. At the same time we are entitled to insist after our choice either on fulfillment of a contract or after written setting of an appropriate for withdrawing at least 2 weeks comprehensive respite from the contract and for using the commodity otherwise. 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. As far as "TIGAL" Galizia Limited Partnership exchanges a commodity in the context of the guarantee to those the retention of title applies, it is also agreed upon that the exchanged commodity changes into the unrestricted property from "TIGAL" Galizia KEG. 9. Place of deliveryPlace of delivery is the location of our enterprise. 10. Guarantee and compensation10.1 "TIGAL" Galizia KEG ensures that the products are not afflicted with errors at the time of the dispatch, which waive or reduce the value or the fitness to the usual use. 10.2 The duration of the 12 months guarantee begins at dispatch. 10.3 Possible repairs are accomplished and/or exchanged directly by the manufacturer. The repairs or the exchanges of exclusively Galizia Limited Parnership commodities have to be made by "TIGAL".
10.4 For deficiencies, which are due to an above average demand of the commodity or repair attempts to inappropriate use, on the part of the customer, cannot be taken over a guarantee. Just as not on wearing parts. 10.5 From the terms and conditions the following are excluded from the guarantee: Electronic components such as microprocessors etc. 10.6 The customer has to examine the commodity immediately after receipt for its completeness and also if there are any defects if necessary within one period of 7 working-days in writing for rebuke. Any return without previous written notice will not be accepted. 10.7 Should a delivery not be completed, "TIGAL" Galizia Limited Partnership commit themselves within 7 working-days to complete the supply. In the case of the defectiveness of the commodity the "TIGAL" Galizia Limited Partnership has the possibility of repairing either the commodity or ensuring replacement. Only if to the repeated mark the repair of the commodity or also the replacement does not place the customer contently, the customer is entitled to reduce either the purchase price or withdraw from the contract. 10.8 Before connection or transport of EDP-TECHNICAL products and/or before installation of computer programs the customer is obligated to secure the volume of data already insisting on the computer system sufficiently otherwise it for lost gone data as well as for all damage the responsibility which is connected with it to carry has. With consumer business the "TIGAL" clings to Galizia Limited Partnership if their roughly negligent or deliberate behavior is to be proven. 11. Product liabilityAccording to the product liability law an adhesion occurs only if due to the error of a product humans are killed, hurt at the body or damaged at the health or a physical thing different of the product are damaged. The adhesion after the PHG meets the entrepreneur, that the incorrect commodity manufactured and into traffic brought and/or the entrepreneur, who introduced and into traffic brought it here to the selling to the European marketing area (importer). Only then if the manufacturer or the importer not to be determined knows, does not cling to each entrepreneur, who brought the product into traffic, also if it the damage not in appropriate period the manufacturer and/or importer or that calls, that supplied the product to him with. Regulations of the available terms and conditions, which stand against the product liability law, are replaced - so far they compelling right are - by the product liability law. Demands for recourse in the sense § 12 of the product liability law are impossible, it are, the recourse-entitled prove the fact that the error in our sphere caused and at least roughly negligently was to blame for. In all other respects the regulations of the product liability law remain unaffected. 12. Data security, change of addressThe customer gives his agreement that also the personal data in fulfillment of the present Treaty, contained in the sales contract, are supported by automation stored and processed by us. The customer is obligated, changes of his living and/or business address admits, as long as the contractual transaction is not mutually completely fulfilled. If the report is omitted, then explanations are considered also then as happened, if them admit given address last to those are sent. 13. ValidityWith possible nullity or inefficacy of individual regulations of the contract the remaining regulations remain upright. 14. Right choice, area of jurisdictionThe 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 right 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 from the present Treaty.
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