Conditions

Terms of Service

General

General All deliveries, services, offers and contracts of the seller are based exclusively on these provisions.
They are recognized as binding upon conclusion of the contract, but no later than upon receipt of the goods or services.
Any contradicting terms and conditions of the buyer are expressly excluded.
Subsidiary agreements, changes or additions to the contract are only effective if they have been confirmed in writing.
Counter-confirmations by the buyer with reference to his business or purchasing conditions are hereby rejected.
Offer and conclusion of contract Our offers are subject to change and non-binding.
Declarations of acceptance and all orders require our written confirmation to be legally valid. The same applies to drawings, illustrations, dimensions, weights or other performance data.
They are only binding if this is expressly agreed in writing.
The sales employees of waldner gmbh digital media are not authorized to make verbal subsidiary agreements or to give verbal assurances that go beyond the content of the written contract.


Prices

Unless otherwise stated, the seller is bound by the prices contained in his offers for 7 days from their date. The prices stated in the seller's order confirmation plus the respective statutory sales tax are decisive.
Additional deliveries and services, for example: software, separate accessories, installations or training courses are charged separately. Unless otherwise agreed, the prices are ex works. Price increases after the conclusion of the contract, which are based on fluctuations in exchange rates, wages or material costs, can be passed on to the buyer, who is a merchant within the meaning of the HGB.


Delivery and performance target

All delivery agreements must be made in writing. Part deliveries and part services are permitted unless they are of no interest to the buyer.
In the case of delivery contracts, each partial delivery and partial service is considered an independent service. If the seller is responsible for the non-compliance with binding agreed deadlines and dates or is in default, the consumer is entitled to compensation for default in the amount of 0.5% for each completed week of default, but in total up to a maximum of 5% of the invoice value of the Delay affected delivery and service. Any further claims are excluded, unless the delay is based at least on gross negligence on the part of the seller.
In the event of delays in delivery and service for which it is not responsible, waldner gmbh digital media is entitled to postpone the delivery or service for the duration of the delay plus a period of two months or, due to the part still to be fulfilled, wholly or partially of the contract to resign. If the hindrance lasts longer than 3 months, the buyer is entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part that has not yet been fulfilled. If the delivery time is extended or if the seller is released from his obligation, the buyer cannot derive any claims for damages from this. The seller can only invoke the aforementioned circumstances if he notifies the buyer immediately. If the buyer does not accept the sold goods, the company waldner gmbh digital media is entitled to either demand acceptance or 10% of the purchase price as a flat-rate fee. In the event of default in acceptance, waldner gmbh digital media reserves the right to store the goods at the risk of the buyer. For the duration of the delay in acceptance, the buyer has to pay the storage costs incurred without further evidence, a flat rate of at least 3 euros / day.


Shipping and transfer of risk

All risks are transferred to the buyer as soon as the goods have been handed over to the person carrying out the transport or have left the warehouse of waldner gmbh digital media for the purpose of dispatch.
However, the company waldner gmbh digital media insures the goods if requested at the buyer's expense.
In the case of consignments to the company waldner gmbh digital media, the sender bears the full risk, in particular the transport risk, until the goods arrive at the company waldner gmbh digital media as well as the transport costs. In the event of a warranty claim, the private end customer can claim his postage costs for the simplest shipping method against proof.


Terms of payment

Depending on the agreement, the invoices are payable in advance, cash, cash on delivery, cash on delivery crossed check, cash on delivery euro check or for collection by the customer.
All payments are offset against the oldest debt, regardless of any other provisions of the buyer.
If the costs of the enforcement and interest have already arisen, the payment will first be offset against the costs, then against the interest and finally against the main claim. The buyer is only entitled to offset if the counterclaims have been legally established or are undisputed. If the buyer is a merchant within the meaning of the German Commercial Code, he is only entitled to offset, withhold or reduce, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed. However, the buyer is also entitled to retention due to counterclaims from the same contractual relationship.
Part deliveries and partial services may be invoiced separately. The company waldner gmbh digital media has the right to exclude the defaulting buyer from further deliveries, even if corresponding delivery contracts have been concluded. From the point of default onwards, the company waldner gmbh digital media is entitled to charge interest in the amount of the interest rate calculated by the commercial banks for open overdrafts.
The buyer bears the entire debt enforcement, any court and enforcement costs. The company waldner gmbh digital media is entitled to assign its claims.


Retention of title

The company waldner gmbh digital media retains ownership of the delivered goods and services until full payment of all claims arising or still arising from the business relationship with the buyer, regardless of their type and legal basis.

In the event of default in payment - in particular after non-cashing of checks - the company waldner gmbh digital media is entitled to take possession of the goods subject to retention of title after asserting the retention of title, without submitting a title or authorization, by entering the business premises by agents who have to legitimize themselves accordingly .

The buyer bears the full cost of transport. If a check is not cashed, the buyer undertakes to return the goods received at his own expense at the request of waldner gmbh digital media.


Guarantee

The warranty for all products supplied by us is 24 months, unless otherwise agreed below.
The warranty for used goods is 3 months. If the purchase contract was concluded using only means of distance communication within the meaning of Section 1 of the Distance Selling Act, the buyer is entitled to revoke the contract within a period of 2 weeks (Section 3 of the Distance Selling Act).
The withdrawal period begins on the day the goods are received by the buyer. In the case of recurring deliveries of similar goods, with the receipt of the first delivery.
The revocation must be made in writing, on a permanent data carrier or by returning the item within 2 weeks. Deadline is sufficient for the timely dispatch. A right of revocation does not exist if the legal transaction was concluded for commercial purposes or for the independent professional activity of the buyer.
The buyer is obliged to return the goods immediately at the expense and risk of the seller (postage costs will be reimbursed). If the value of the goods does not exceed an amount of 40 euros, the buyer is obliged to bear the costs of the return.
In the event of defects in the delivery item that are not the fault of the buyer, the company waldner gmbh digital media is entitled, at its discretion, to repair the defective item or to deliver a new one. In the event of defects for which the buyer is responsible due to improper handling, the buyer undertakes to assume all subsequent repair and transport costs.
If the repair or replacement delivery fails, the buyer is entitled to reduce the payment (reduction) or to cancel the contract (rescission).
A rework has failed if it has been tried several times and the buyer cannot be expected to carry out further rework.
The buyer must notify waldner gmbh digital media of obvious defects in writing immediately, but no later than within one week. If the buyer is a merchant within the meaning of the German Commercial Code, the buyer must notify the seller of defects immediately, but no later than one week after receipt of the delivery item.
Defects that cannot be discovered within this period even after careful examination must be reported to the seller in writing immediately after their discovery. After the deadline, the company waldner gmbh digital media is free of any warranty.
The exchange of parts, assemblies or completely different devices does not result in any new warranty periods. Defects caused by wear and tear are not covered by the warranty of the company waldner gmbh digital media.
The company waldner gmbh digital media assumes no liability for defects resulting from unsuitable or improper use. Furthermore, the warranty expires if the buyer intervenes or has repairs carried out on devices without the express, written approval of waldner gmbh digital media.
In the event of a complaint, the buyer should send the defective device, or part with complete accessories, together with a precise description of the fault, details of the model and serial number and a copy of the invoice with which the goods were delivered to the company waldner gmbh digital media in send in the original packaging with suitable outer packaging. If the company waldner gmbh digital media agrees to a conversion or if it sends the buyer a replacement device, it is entitled to invoice the buyer for the accessories missing when the defective device was sent at the sales price or to deduct them from the credit note.
Replaced parts become the property of waldner gmbh digital media.
If the buyer sends a device outside the warranty period or if it turns out that a complaint is not justified, an expense allowance of at least 30 euros or a higher amount than agreed applies, provided that the buyer is a businessman within the meaning of the HGB .
The assignment of warranty claims to third parties is excluded.
The guarantee is limited exclusively to the repair or replacement of the damaged delivery items.
If the data on the devices to be repaired is lost as part of the preliminary efforts by the company waldner gmbh digital media, this risk must be borne by the client.
Overall, liability is limited to intentional and grossly negligent acts.
If the buyer is a merchant, notices of defects do not affect the due date of the purchase price claim, unless their authorization has been recognized in writing by waldner gmbh digital media and has been legally established.


Other claims for damages

The company waldner gmbh digital media is only liable for claims for damages from positive breach of contract, unlawful acts, organizational negligence, negligence when concluding the contract if it or its vicarious agents are guilty of willful intent or gross negligence.


Fulfillment and jurisdiction

For contracts with merchants within the meaning of the German Commercial Code, the place of performance for payments and delivery, as well as the place of jurisdiction, is agreed to be our company headquarters, with the proviso that we are also entitled to sue at the customer's location. The law of the Federal Republic of Germany.
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