Terms & Conditions
I. Area of Validity
1. The company Mepix provides its services solely on the basis of the present General Terms and Conditions (hereinafter referred to as GTC). The GTC shall apply to all future business relations, even if not explicitly stated.
2. Any side agreements, restrictions, alterations or supplements of the present GTC are ineffective unless in writing.
II. Conclusion of Contract
1. The conclusion of contract is based on the corresponding offer of the company Mepix, in which the scope of services and remuneration are specified. The offers of the company Mepix are non-binding and subject to confirmation.The contract becomes effective when the customer accepts the offer. Unilateral withdrawal following the acceptance of the offer is not possible.
2. In case the customer places an order without previous offer (via Internet and/or otherwise) the contract becomes effective with the sending out of the order confirmation. Conditions of contract correspond to those stated in the order confirmation, unless the customer withdraws from the contract within 3 days.
III. Data Protection
The customer agrees to their data being saved for business purposes and for internal use. The data will not be transferred to third parties. The customer may refuse consent or withdraw approval with effect for the future. All personal information will be handled confidentially.
IV. Prices
The indicated prices do not include VAT. Prices exclude delivery. Published prices may contain errors. The customer is not entitled to offset claims.
V. Payment
1. Payment is due immediately upon receipt of product and invoice. Should the buyer hold back payment, the corresponding default interest is to be charged (§ 352 UGB). The product remains property of the company Mepix until all claims have been settled by the buyer.
2. The customer undertakes to bear all costs and expenditures related to the encashment of claims such as collection expenses or eventual costs for necessary legal proceedings. In any case, € 75 and € 120 shall be charged as dunning cost for the first and second prompt note respectively. Mepix reserves the right to commence legal proceedings without previous warning in case of delay. Should the collection regulations (Inkassoverordnung) or the Autonomous Fee Criteria for Lawyers (AHK Autonome Honorarkriterien der Rechtsanwälte) determine higher dunning costs, these may be charged.
3. The customer is not entitled to offset their own claims against those of the company Mepix.
VI. Conditions of Modification
1. Customary and reasonable variations in color and masers in case of wooden surfaces, leather and other materials as well as model changes are to be expected and do not constitute any variation of the customary conditions. This applies particularly to changes and improvements serving technical progress.
2. If and when compliance with agreed delivery date is affected or hindered by any reason or circumstance not imputable to the company Mepix – including strike, lockout, war, natural disasters, etc. –, the company Mepix is entitled to demand a reasonable postponement. In such cases the customer is not entitled to withdraw from the contract or raise any claim in connection with the delay. In case of an increase in expenses or any disturbing reason imputable to the customer the company Mepix is entitled to demand compensation for additional expenditures.
VII. Warranty
2. The customer should register and specify eventual complaints immediately, in any case within 3 days ((reasonable period of time according to § 377 UGB) ) of the accomplishment by the company Mepix. In case of delivery by a forwarding agent the customer is obliged to the same inspection of the product. Following the confirmation of proper delivery, above mentioned complaints shall not be accepted. Should the packaging be damaged, it is to be recorded on the delivery note by the customer. In case of justified and timely complaints the customer is entitled to receive a repaired or replaced product from the company Mepix. Repairs are carried out at the company seat. Transportation costs to and from the company Mepix shall not be borne by the company.
3. In case of a justified complaint defects shall be repaired within a reasonable period of time, whereas the customer facilitates all arrangements necessary for examination and reparation of defects for the company Mepix. The company Mepix is entitled to refuse the reparation if it is impossible or incurs disproportionally high expenditures.
4. The existence of the defect at the time of delivery, the time of ascertainment of the defect and the timeliness of the notice of defect shall be certified by the customer.
5. The transfer of warranty claims to third parties is excluded. In case of unjustified warranty claims the customer should compensate the company Mepix for all costs related to the warranty claim.
VIII. Default in Taking Delivery/Compensation for Damages
1. If the customer does not accept the product within the specified period of time, denies receipt or explicitly declares their unwillingness to accept the product, the company is entitled to withdraw from the contract and demand compensation for non-fulfillment. As a compensation for non-fulfillment of contract in case of default in taking delivery, the company Mepix is entitled to demand at least 40% of the order price from the customer. Compensation for further damages may be claimed by the company Mepix.
2. Compensation claims raised by the customer, particularly due to delay, impossibility of fulfillment, positive violation of a contractual duty, fault at conclusion of contract, inadequate or incomplete performance, damages caused by defects or unlawful acts are excluded, unless due to intent or gross negligence of the company Mepix. The act of gross negligence has to be proven by the complainant. Any further liability of the company Mepix and its service partners is - without consideration of the legal nature of the claim raised - excluded, as far as it is a result of slight negligence.
3. The above-mentioned exclusions of liability shall not apply to injury to life, body or health, which can be attributed to the negligent violation of duty by the company Mepix as well as to the deliberate or negligent violation of duty by a legal representative or service partner. The company Mepix is not liable for misuse or - in case the product is delivered unassembled – for incorrect assembly by the buyer. The transfer of warranty claims to third parties is excluded.
IX. Right of Revocation
Should the consumer be entitled to revocation according to the Consumer Protection Act (KSchG), a written notice of revocation should be sent to the current address published on the www.mepix.at website.
Current address:
X. Duty to Collaborate
The customer is obliged to support to the best of their abilities the company Mepix and its service partners and vicarious agents. In case of return transport it is the customer who is solely responsible for the proper packaging of the product. The product should be returned in the original packaging or in a packaging similar to that in order to ensure a safe return transport. In case products are transported by a forwarding agent (about which the customer shall be informed in advance), the customer is obliged to schedule a delivery date with the forwarding agent. Should the customer be unable to accept delivery on the scheduled date, the company Mepix and the forwarding agent should be notified. The product is considered delivered to customer from the moment of being handed over to the forwarding agent. From that point on risk shall be borne by the customer. It is recommended to consider insurance coverage.
XI. Reservation of Ownership
The company Mepix reserves the right of ownership on all products until full settlement. In case of customers who are entrepreneurs themselves, reservation of ownership shall be extended to all claims of the company Mepix arising out of the business relationship.
XII. Applicable Law
All legal relations between client and the company Mepix shall be governed exclusively by Austrian Law under exclusion of the international reference norms. Regulations of the UN Convention on Contracts for the International Sale of Goods shall not be applied.
XIII. Place of Fulfillment and Place of Jurisdiction
1. The place of fulfillment is the seat of the company Mepix.
2. The place of jurisdiction in case of any dispute arising directly between company Mepix and client shall be the locally and materially competent Austrian court in accordance with the seat of the company.
(This is a translation of the German version. In cases of doubt, the German version shall prevail.)
