of König Maschinen Gesellschaft m.b.H.
1 Application of this Agreement, registration
Our product offerings, order acceptance and all deliveries and services are subject exclusively to the following terms and conditions. Any business or purchasing terms and conditions of the buyer are hereby rejected. They shall not apply to us even if we do not explicitly reject them again when entering into a contract.
1.2 By accessing and registering on our webshop and using your customer account, (i) you are confirming that all of the data you have entered is accurate, complete and correct; and (ii) you are acknowledging that you have read this Agreement carefully and understood it, and AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS TO THE EXCLUSION OF ALL OTHER TERMS AND CONDITIONS. You shall use our website and webshop for legitimate purposes only and in accordance with this Agreement.
1.3 You can save or print this Agreement by clicking on the green print icon on the side of the page. However, please note that your saved or printed copies only apply to online purchases you are making at this time. We have full discretion to amend this Agreement at any time. Therefore you must always check the latest version of this Agreement, which will apply to your new online order, before you submit your new online order. You can find the most up-to-date version at https://koenig-rex.shop/agb/.
1.4 When registering for a customer account, you will be asked to enter your personal details and to create a password. You must enter full, up-to-date information and you shall have full responsibility for all activities carried out in relation to your customer account. You must keep your details and the password for your webshop customer account secret. In addition, by registering as a business customer, you are confirming that:
(a) you are a company acting within the law and not a consumer;
(b) under the law of your country, you are permitted to enter into this Agreement and purchase the product(s);
(c) your employees, executives and/or representatives who access the webshop are authorised to do so and are entitled to commit you legally to this Agreement.
1.5 We have full discretion to, at any time, reject services or cancel customer accounts, or reject or cancel orders unless we have already accepted them in an order confirmation.
2. About us
2.1 We are König Maschinen Gesellschaft m.b.H., VAT ID ATU28783901, a limited liability company [Gesellschaft mit beschränkter Haftung] based at Stattegger Straße 80, 8045 Graz, Austria, registered at the Graz district court for civil matters under registration number FN 48768v.
2.2 How to contact us:
(a) By email: firstname.lastname@example.org
(b) By phone: +43 (0) 316 6901-0
2.3 The use of our published postal addresses, phone and fax numbers and email addresses for marketing purposes is prohibited; any breaches will be prosecuted.
3.1 Information on the goods you plan to buy is available on the webshop. Other descriptions or statements (written or verbal, in brochures, catalogues or elsewhere) are only binding if we have expressly confirmed this in writing.
3.2 We do not guarantee the information provided is up to date, correct, complete or of a high quality. Therefore we accept no liability for damage arising from the use of information we have provided, including any kind of incomplete or incorrect information. All product offerings are non-binding. We may remove content from the webshop or edit content on the webshop without prior notice, extend, change or partially or fully delete pages, or delete the entire publication including all product offerings and information.
4 Copyright and other intellectual property rights
4.1 The content of our webshop and all other content on our website (for example, this Agreement, text, designs, graphics, drawings, photos and software, technical specifications and samples, catalogues, brochures and images) is protected by copyright and other intellectual property rights that we hold as the owner or licence holder.
4.2 Any reproduction or use of webshop or website content or parts thereof – regardless of whether it is expressly marked as copyrighted or not – in other electronic or printed publications shall require our prior written permission.
5 References and links
5.1 We (including our managing directors, employees, executives, representatives, successors and authorised agents) are not responsible for content to which our pages refer or provide links except in cases where we are fully aware of unlawful content and in a position to deter visitors to our website/webshop from viewing such pages. The author and/or owner of the page to which a reference or link is provided is solely responsible and liable for damage of any kind arising from or associated with access to or use of the linked or referenced pages. This disclaimer is part of the internet publication from which you were referred.
TERMS OF SALE FOR THE WEBSHOP
6 Submitting an order
6.1 By submitting an online order, you are issuing an offer to buy the selected product at the price specified on the webshop under the terms of this Agreement. Once you submit an online order, you are bound to your order for a period of seven (7) days unless we reject your order before the end of that period. You cannot change or cancel an order once it has been placed.
6.2 You will firstly receive an email acknowledging receipt of your online order. This email will be generated automatically and does not constitute acceptance of your order. Once we have accepted your online order, we will email you an order confirmation within seven (7) days of receiving your order, in which we will confirm acceptance of your order and/or provide information on the dispatch of the ordered goods. A purchase contract will only come into being once we have accepted your online order by sending an order confirmation.
6.3 The billing and delivery addresses specified for the order must be in the same country.
7 Prices and payment
7.1 The prices for our products are the prices specified on our webshop which are valid at the time of your order, and they shall apply FCA Graz, Austria (Incoterms 2020), including packaging. Any applicable VAT or other taxes or customs, insurance, freight or shipping costs for the delivery shall be listed separately on the order documents. The prices specified on our webshop cannot be combined with offers or discounts.
7.2 All payments must be made in Euro. Payment shall be deemed to be made on the date on which we receive the relevant amount.
7.3 We accept the following payment methods:
(a) Bank transfer in advance of shipping
7.5 If you do not meet the payment terms and conditions or other obligations for this transaction or other transactions, we may, without prejudice to our other rights,
(a) charge interest at a rate of 1.25% per month, accruing daily from the original payment due date to the date on which the overdue amount is actually paid; and/or
(b) suspend the fulfilment of our own obligations until the payments are received or other obligations are met, and exercise our right to extend the delivery period by a reasonable amount; and/or,
(c) claim damages in court for all costs incurred due to the payment delay. Products shall become your property on the delivery date, provided that, by then, you have fully settled all outstanding amounts owed to us. The products shall remain our property until you have done so.
If payment is delayed by more than 30 days, we shall have the right to cancel your order.
7.6 You are not entitled to withhold or suspend payment due to warranty claims or other counterclaims.
8.1 If you have ordered delivery to your address, all deliveries to the delivery address you have provided shall be carried out in accordance with CIP (Incoterms 2020), i.e. we shall take care of the dispatch, customs clearance, packaging and insurance up to the delivery address you have provided, but not unloading or any other service. The delivery period shall be calculated from the payment receipt date.
8.2 We shall arrange for the goods you have ordered to be dispatched in accordance with the delivery periods specified on the webshop. We may deliver your orders in one or more package(s). All dates and times are estimates. We will email you to notify you that your order has dispatched and to inform you of the expected delivery date.
We warrant that the product shall be free from design flaws and material and manufacturing defects at the point of the transfer of risk and that the product shall have the characteristics described in the technical specifications. If the product is unusable or its use is severely restricted, we shall, at our discretion, either repair or replace it at our cost. No warranty is provided for product-specific quality criteria. Unless expressly otherwise agreed, nothing in this Agreement is to be construed as a guarantee or promise of performance.
The warranty period is 12 months starting on the date of delivery ex works or upon any agreed acceptance of deliveries and services or upon completion of installation where we have agreed to undertake installation. If the dispatch, acceptance or installation is delayed for reasons for which we are not responsible, the warranty period shall expire no later than 18 months after notification of readiness for dispatch or the product’s commissioning date, whichever occurs first.
The warranty shall not be extended due to repairs or replacement.
You must notify us of any defect within 10 days of the defect occurring and must describe it in detail. If you can prove that the defect already existed when the product was delivered, we shall provide a replacement ex works for the defective part free of charge.
A defect must be remedied at the place of installation as a rule; however, at our discretion we may choose to have the defective part or delivered goods returned to us for the purpose of a repair or replacement.
If there is a serious defect, we shall dismantle and re-assemble the goods, otherwise our obligation regarding the defect shall end upon ex works delivery of the repaired or new part.
If you have reported a defect and a defect for which we are liable cannot be found, you must reimburse us for the costs incurred from inspecting the goods.
The warranty shall be invalidated if you do not comply with the contractual operating conditions, assembly instructions, or other guides we have provided or the product is not used for its intended purpose. Neither shall we accept liability if the defect occurs due to improper maintenance, repairs or changes that have not been authorised by us in writing, or due to incorrect operation or materials that we have not supplied, or due to unauthorised commissioning or inaccurate information, statements or specifications by you. There shall be no warranty in the event of incorrect storage or dough problems.
If any changes, additions or modifications are made to the delivered products, we shall not, as a rule, provide any warranty nor accept any liability for usability, durability or any resulting damage.
You must strictly follow the operating instructions and safety information provided. You are aware that if you fail to follow the operating instructions and safety information or contravene them, our liability under the Product Liability Act shall no longer apply.
If you, as a business, suffer damage during use of the goods we have delivered, any associated claims against us under the Product Liability Act shall be excluded to the legally permissible extent. You shall not sell, surrender or otherwise pass on products that were made exclusively for business use to consumers or persons who are not businesses for any legal reason whatsoever or under any circumstances.
There shall be no protective effects from this Agreement in favour of third parties. In the event of a resale, you shall agree the exact same terms and conditions and liability exclusions with every onward purchaser of the goods, and you shall simultaneously hold us entirely harmless of any and all associated disadvantages arising in the event of a breach of this transfer-of-duty obligation.
Our liability for damages is limited to cases of wilful intent and gross negligence and, in terms of value, to the value of the contract. Where legally admissible, any compensation for lost profit, loss of orders, production downtimes, financing costs, financial loss, indirect damage and consequential damage of any kind whatsoever shall be excluded in particular.
11. Force majeure
11.1 Unforeseeable circumstances or circumstances beyond the control of both parties, including all cases of force majeure, may have a direct or indirect impact on delivery times. In such cases, the delivery period shall be extended by the duration of the unforeseeable circumstances. These circumstances may include, for example, earthquakes, floods, fire, storms, natural disasters, armed conflicts, sanctions, embargos and official interventions and prohibitions, transport or customs delays, damage in transit, energy and raw material shortages, labour disputes, defective performance by an important component supplier that is difficult to replace, epidemics, pandemics and all similar unforeseeable events that make performance financially implausible.
12.1 Unless otherwise agreed, you may only cancel an order for the purchase of products if delivery of the products has been delayed due to gross negligence on our part and the reasonable period of grace set by you has lapsed. Orders must be cancelled by registered letter only.
12.2 Without prejudice to our other rights, we may partially or fully cancel an order for the purchase of products or accept no liability towards you if a) the delivery of products proves impossible or is delayed for reasons for which you are responsible, despite a reasonable period of grace being set; b) the delivery is or becomes unlawful (unlawfulness may involve, for example, embargos, sanctions or other international requirements concerning foreign trade or customs); c) the delivery is delayed by more than six months for the reasons cited in Section 11.
12.3 If insolvency proceedings are initiated concerning one of the parties or an application to initiate insolvency proceedings is rejected due to lack of assets, the other party may withdraw from the contract without setting a period of grace.
12.4 There shall be no further consequences of cancellation.
13 Compliance with laws
13.1 You shall comply with all national and international laws that apply to the purchase contract as well as all applicable national and international (re-)export control regulations.
13.2 By placing an online order, you are confirming that you are entitled to purchase and use the goods in your home country and to supply the goods to your home country and that you hold all national and international certificates, licences, permits and/or approvals required by authorities or third parties for these purposes.
13.3 For all purchases, we assume that the product will remain in the country in which it was purchased and therefore shall not reimburse VAT. FINAL PROVISIONS
14 Data protection/privacy/cookies/remarketing
14.1 We shall handle your personal data in accordance with the Austrian Data Protection Act [Datenschutzgesetz 2000]. We shall use SSL (Secure Socket Layer) technology combined with a 2048-bit key for transmitting your personal data. This technology ensures transmitted data is encrypted securely. All payment methods we offer are protected optimally by this technology. A locked padlock or key symbol in your browser window indicates when your data is being transferred in encrypted form. However, these precautions may not be effective for preventing the loss, misuse or manipulation of information in all cases. Please be cautious when using our webshop and other websites.
The data we collect may be used for marketing and advertising purposes and for communication (for example, to optimise and improve usability and to provide more attractive product offerings and services). We may use your contact information and relevant data to send you information about our products and offers unless you object to this.
We also share information on the use of our website with our social media, advertising and analysis partners, who may combine this data with other information you have made available to them or which they have collected when you use their services. More information is available on our data protection declaration: https://koenig-rex.shop/datenschutzerklaerung/
15 Electronic communication
15.1 For the purposes of this webshop and every order placed via the webshop, we will communicate with you by email and other electronic communication methods. You acknowledge that electronic data exchange is not perfect and can be encrypted, but does not have to be. Although interception of electronic communication by third parties constitutes a breach of federal laws, we cannot guarantee that interception of this kind will not occur.
15.2 You hereby declare you agree to receiving agreements, invoices, notifications and other information from us electronically and agree that the documents and information communicated to you electronically are as valid as they would be if they were provided in writing and comply with all legal requirements, unless essential laws expressly require another form of communication to be used.
16.1 The documents we issue will generally be available in German or English only. This includes, for example, emails to confirm acceptance of your order, and invoices.
17 Applicable law and dispute resolution
17.1 This Agreement, the use of this website and all orders or purchases made via this webshop are subject to Austrian law with the exception of regulations under international private law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
17.2 References to a particular law, legal regulation or subordinate regulations concern precisely the law or regulations in force in Austria at the time, including all subordinate regulations applicable at the time.
17.3 The competent courts in Graz, Austria, shall have exclusive jurisdiction for all disputes arising from or in connection with this Agreement, your visit to our website or webshop or any goods you have purchased on our webshop.
18.1 This Agreement constitutes the entire agreement between you and us and replaces any previous agreement concerning purchases made on our webshop. By placing an online order, you confirm that you will not rely on pre-contractual promises or statements.
18.2 Should individual provisions (or parts of provisions) of this Agreement be invalid or unenforceable, the other provisions shall remain in force. The invalid, unenforceable or unlawful provision (or part of a provision) shall be replaced by a valid, enforceable and lawful provision that upholds the economic intention of the replaced provision (or part of a provision).
18.3 Modifications to this Agreement shall only be valid if agreed expressly by the parties. Any failed or delayed enforcement of a provision of this Agreement shall not constitute a waiver of that provision or another provision unless we expressly waive, in writing, our right to enforce the provision.
18.4 A person who is not a party to this Agreement shall have no rights under this Agreement. The limitation(s) of liability in Section 10 and the deadline for asserting claims shall also apply to the benefit of our employees, executives, representatives, subcontractors and suppliers.
18.5 You must not assign, transfer or encumber any rights or parts of rights under this Agreement or subcontract some or all obligations under this Agreement without our prior written permission.