Terms of Tractive GmbH
(Company registration number FN 386930 s Linz Regional Court)
(As of 26/11/2014)
1. Scope of these Terms and Conditions
1.1. The scope of these terms and conditions ("Terms") includes all the benefits of Tractive GmbH (hereinafter also called Tractive), relating to the delivery of goods. The goods supplied by tractive carried out exclusively on the basis of these GTC. This does not apply if expressly agreed otherwise in writing.
1.2. These terms and conditions apply only to transactions between Tractive and consumers. Consumer is anyone who is not an entrepreneur. Entrepreneur is anyone for whom the transaction is part of his company. Companies in this sense is any stable organization of independent, economic activity, they may be not directed at profit. Consumers in the above sense are referred to below as a customer.
2. Contract Processing
2.1. The entire logistics execution of the contract, in particular ordering, delivery and service, accounting, cancellation and customer complaint via the company Tractive GmbH (Company registration number 386930s, Linz Regional Court, 4061 Traun, Randlstrasse 18a, 1st floor, below tractive).
3. Order, order, delivery, outsourcing of logistics management of the contract
3.1. The offers of tractive are non-binding; they are to be understood as a request for an order by the customer.
3.2. Customer orders are binding on the customer upon receipt by Tractive. Tractive will confirm receipt of the order immediately. However, the confirmation is not an acceptance of the offer by tractive. The confirmation of only a declaration of acceptance, if Tractive expressly stated in the confirmation of receipt.
3.3. If Tractive not already in the confirmation of receipt (see point 3.2.) Have declared the acceptance of the contract, the acceptance of the order and hence a contract within four business days in the future (Saturday and Sunday do not count as working days) after by the transmission of the order the customer following day.
3.4. tractive explicitly points out that they are the adoption or implementation of the order - especially in accordance with the existing supply options - must be reserved. tractive also reserves the right to reject orders from the customer or not to perform, especially when outstanding invoices from other orders of the customers insist. tractive is further entitled to limit the order to a household amount. The customer grown derive any claims whatsoever. Tractive should not accept the order, the customer will also be within four business days (Saturday and Sunday do not count as working days) after the submission of the order by the customer following day announced any payments already made by the customer will be refunded this.
3.5. The customers only reasonable technical and creative deviations from specifications in brochures, catalogs and written documents and modifications to models, design and material changes remain in the course of technical progress and further development, without any rights or claims of any kind and / or which scope, can be derived from tractive.
3.6. Separate specifications or customer requirements to the contract or to the tractive of the services or any benefits and additional deliveries of tractive require the express written confirmation by tractive. Subsequent change requests can - without legal claim of the customer - be carried out only in exceptional cases and against appropriate reimbursement.
4. Delivery and deadlines
4.1. The agreement of binding delivery dates or periods between Tractive and the customer must be in writing.
4.2. Agreed (to be derived also from delivery) Delivery times do not begin until all required to meet the obligations of Tractive technical or other information, documents, payments or payments or other benefits of the customer are arrived at Tractive.
4.3. The delivery date is met if the goods are the factory / warehouse - with direct sales the factory / warehouse of the supplier - has left on time, or - in the case of collection by the customer - delivery is ready for dispatch and the customer will be informed in good time.
4.4. Malfunctions and force majeure events and other events beyond the control of tractive, particularly delays in delivery and the like from the upstream or at Tractive entitle Tractive to resign because of the unfulfilled part of the contract.
5. Right of withdrawal
See point Withdrawal in the webshop menu.
6. default of acceptance, transfer of risk
6.1. If the customer is in default of acceptance, tractive has the right to either store the goods on Tractive attributed to a storage fee of 0.1% of the invoice amount per calendar day and to insist on the fulfillment of the contract, or after a reasonable grace period withdraw and sell the goods after a successful retirement. In the event that tractive right of rescission does use, the customer has to pay in addition to the storage costs liquidated damages in the amount of 25% of the bill.
6.2. For collection of price and performance risk from delivery goes, in the event of default of acceptance from the date of default to the customer.
7. Prices and payment
7.1. The prices are in Euro including VAT 'ex works' Pasching, Austria.
7.2. When the price is valid for the respective delivery Day Delivery website price as agreed. The ordered goods can be sent by "account", "by eps" online money transfer, "by giropay" paid "PayPal" or by "credit card". Tractive deliver the ordered goods as soon as the payment is received tractive. Payments to employees or other representatives of Tractive that are not specifically identified in writing to the collection, do not act discharging the debt.
7.3. Accounts of the tractive - even partial invoices - are payable for expenses and deductions, in particular, without discount, for payment. Exchange or checks will be accepted only by special agreement. It remains tractive reserved to devote Payments received on any of several claims in its sole discretion.
7.4. Where payment deadlines are not met and if the customer is in default of payment, tractive entitled after a reasonable period, to withdraw from the contract and the return of the goods supplied by the customer. Furthermore, the customer is strict obligation to pay interest at the rate of 1% per month, we are entitled to make beyond the usual bank interest amount claimed. The customer also has to replace our expenses for reminders and collection fees, and he undertook in particular, maximum to replace the remuneration of the collection agency, resulting from the regulation of the Federal Ministry for Economic Affairs (BGBl141 / 1996, as amended) arise over the maximum rates of collection agencies due compensation. If a reminder is sent by Tractive, the customer is obliged to pay an amount of € 10 per reminder.
7.5. When paying by check, draft, debit or store cards the requirement of tractive will only be repaid with their redemption. Such payment shall be allowed only if they are expressly agreed in advance. Discount charges will always be borne by the customer.
7.6. If the customer separately granted a longer payment period, the payment shall be deferred (pure deferral); in the case of exceeding the time limit for payment deferral is invalid.
7.7. The customer will receive the invoice over email as soon as the order is received by Tractive.
8. Shipping & Returns
8.1 Shipping costs are listed under 'Shipping & Returns' in the webshop.
9. Retention of title
9.1 The goods remain until all tractive to the customer from the respective contract attributable to minority claims, in particular until all payments (including interest and costs), wholly owned by tractive (reserved goods) even if some parts already paid are.
9.2 The Customer may not have to pay the debt of tractive of the reserved goods and bear the full risk for the goods entrusted to him, in particular the risk of destruction, loss or deterioration.
9.3 For the duration of the retention of title, the customer has to handle the delivered goods carefully and gently.
9.4 If goods are processed by the customer into a new movable thing, then this is done for tractive, without it being obliged by it. The new item shall become the property of tractive. In combination, processing or mixing of the goods with tractive goods not belonging tractive ownership acquires a proportion of the invoice value of the goods to the other goods.
9.5 In case of seizure by third parties or the case of other third-party access to the reserved goods, the customer has to refer to the property of Tractive and the customer must immediately report to Tractive.
9.6 Breach of contract by the customer, especially in case of default, is tractive entitled to take back the reserved goods or discretion to demand where appropriate, the assignment of the claims of the buyer against third parties.
9.7 In case of violation of the customer against the agreements governing the retention of title, the customer is obliged, without deduction for one actually occurred damage (especially the cost of Exszindierung in execution proceedings) to pay a penalty equal to twice the net value of the goods. If the customer fails to fulfill his obligations or if he stops payments, so also the entire balance is due immediately. tractive is entitled in this case, to demand the immediate return of the goods to the exclusion of any right of retention. After return of the goods at the discretion of tractive, either to sell the purchased item and to credit the proceeds minus 20% re-selling charges to the customer on its remaining obligations or the invoice price back the goods after deducting any impairment losses and the Customer for the period of his property charge for the delivered goods appropriate usage fee.
10. Warranty, Damages, assignment clause, guarantees
10.1 In terms of the warranty, the statutory provisions.
10.2 tractive is not liable for normal wear and tear of the product or for defects caused by improper handling.
10.3 The made within the scope of the warranty repair or replacement will be - made within a period of six weeks - unless otherwise agreed.
10.4 For deliveries accepts tractive for exact accordance with the first delivery no guarantee.
10.5 added for the customer in the context of business damage tractive liable only for its own intentional or own gross negligence or intent and gross negligence of agents working for tractive, except for personal injury for which tractive already has unlimited liability for ordinary negligence. The provisions of the Product Liability Act remain unaffected.
10.6 The assignment of warranty and claims for damages or the like is not permitted.
10.7 Unless tractive its stated commitments, guarantees, shall apply only when properly used goods, in particular expert installation, assembly and proper care. Of the guarantee from signs of wear any kind are neither recognized as damage which has been caused by the customer or a third party. Solely the warranty terms apply to pledged by manufacturers warranties.
10.8 instructions in brochures, manuals or other product or commodity information as well as care and installation instructions are to avoid any damage to abide strictly by the customer. From one of the defined areas of application beyond application is expressly warned.
10.9 Data communication over the Internet can not be guaranteed accurate and / or available at all times at the current state of the art. Tractive therefore is not liable for the continuous and uninterrupted availability of the online trading system nor for technical and electronic errors during a sales action on which Tractive has no influence, especially not for the delayed processing or acceptance of offers.
11. Data Protection and Privacy
11.1 It should be noted that in the case of the conclusion of an order for a product / service to a transmission of personally identifiable data (prefix, name, company, address (street, city, zip code, country), email address, phone number) the service partners who require the transfer of such data to process the order (this is especially the Tractive GmbH or other staff responsible for the shipping company or other staff responsible for processing payments Institute) takes place. The customer agrees.
11.2 The order is handled by means of automatic data processing. Tractive empowered personally identifiable data (prefix, name, company, address (street, city, zip code, country), e-mail address, telephone number) machine to process and store, where this helps to mission accomplishment.
11.3 The Customer agrees that his personal data recorded (prefix, name, company, address (street, city, zip code, country), e-mail address, telephone number) into the customer database of Tractive and such kind of Tractive be processed and it can be characterized informed about products, news and price promotions of Tractive by post or e-mail.
11.4 The Customer acknowledges that in states that are not members of the EU, can prevail a lower level of data protection in the EU.
11.5 The Customer acknowledges that he consents to the above point 11.1. and 11.3. at any time in writing by letter to the Tractive GmbH, p. Addr. Randlstrasse 18a, 1st floor, 4061 Traun, Austria, or e-mail to: may revoke email@example.com. The customer acknowledges that in the event of cancellation, the transmission of his data to service partners who require the transmission of such data to process the order (see section 11.1.) Only one direct collection of goods for cash at Tractive is possible.
11.6 The customer can request the deletion of all personally identifyable data at any point in time. This can be done with a simple email to firstname.lastname@example.org . Please note, that all purchasing history, shipping addresses and other communicaton with shop support will be deleted permanently.
11.8 If a user visits a site on this website containing a retargeting tag, a cookie will be stored on the user's computer. Thereby, the user can be assigned to the appropriate target group list.
11.9 We would like to point out that we use the social network Facebook's website custom audiences in the context of usage based online advertisement. The custom audience pixel provides information about the way visitors use our website. The collected information about the website user can be associated with information about the related Facebook user. We can use the information in this way for displaying interest-based advertising. In the course of the hashing process personal data are converted into checksums. This makes it impossible to track the identity of a Facebook user.
The information mentioned above will be stored for 60 days. Further information about website custom audiences and the possibility to revoke data collection can be found at https://www.facebook.com/settings/?tab=ads.
11.10 We would like to point out that we use Twitter's Conversion Tracking and Tailored Audiences in the context of Twitter Advertising. Those products are offered through Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. User data will be collected through our website in order to set up advertisement concerning the user's interests as well as for conversion tracking. Further information about Twitter Advertising and information about how you can prevent Tailored Audiences can be found at https://support.twitter.com/articles/20171528.
12. Choice of Law, Jurisdiction
12.1 All disputes arising out of or relating to these Terms and / or the contract Austrian substantive law as agreed under the conflict of law rules of private international law and the UN Sales Convention. This also applies to questions about the occurrence or the interpretation of the terms and conditions and the contract.
12.2 For customers with a residence outside of Austria, all disputes arising from this contractual relationship or in connection with this are only the subject matter jurisdiction for 4020 Linz / Austria court.
13. Change of Address
13.1 The Customer is obliged proven, voluntarily and without delay of any change of his residential address of Tractive GmbH, as long as the legal transaction is not completely fulfilled on both sides. If the buyer fails to do so explanations to the customer are also considered received if they last known address was sent to the Tractive. It is the customer to prove access to its notice of change in individual cases.