general business terms
Area of Application
- Business relations between max and me gmbh and the customer are exclusively subject to the following General Business Terms.
- Any terms that deviate from the General Business Terms will not be considered a part of the contract, even if max and me gmbh should accept and conduct business according to a customer order with deviating terms.
Conclusion of a Contract
- The customer’s order is seen as an offer to conclude a sales contract with max and me gmbh.
- In the case of orders via the Internet Shop, max and me gmbh will confirm receipt of the order to the customer by email. This order confirmation does not constitute the acceptance of the customer’s order; it serves only to provide information on the receipt of the order. If the goods ordered by the customer are not available for shipping, the customer will be duly informed.
- A sales contract will only come into being after the customer has paid the sales price and max and me gmbh has shipped the goods ordered by the customer; an email confirmation will be duly sent to the customer upon order placement via the Internet Shop (Shipping Notice).
- No sales contract will arise pertaining to any goods ordered by the customer, if these goods are not listed in the Shipping Notice.
Minimum Order Limits
- The minimum order limit for domestic orders within the country of Austria is 55.– Euros plus shipping costs.
- The minimum order limit for orders placed by international shipping addresses is 55.– Euros plus shipping costs.
Right of Rescission
- If the customer is defined as a consumer according to the Austrian Consumer Protection Act, then he/she has the right to withdraw from the contract under the following conditions:
- The customer can declare to max and me gmbh that he/she withdraws from the contract within a deadline of seven working days after the customer has received the goods, whereby Saturdays do not count as working days.
- If the customer withdraws from the contract, he/she is bound to return all of the goods in an unopened state and in the original packaging. The return shipping must be done in a suitable and safe package, and must only be returned to the address of the sales company. Otherwise the sales company has the right to withhold a sum, in keeping with the loss of value due to use of the goods, upon refunding the sales price. The customer/purchaser carries the costs of return shipping.
- The customer does not have the right to withdraw from a contract applying to goods with pump- or spray cap and products, which have been tailor-made according to the customer’s specifications, or which are unequivocally made to special order and which are not suitable for return due to their special composition, or which will expire quickly or which have already passed the expiry date.
- If the customer withdraws from the contract, then max and me gmbh must refund the payments made by the customer step by step (excluding the shipping costs), and the customer must return the goods received; the costs for return shipping of the goods are to be carried by the customer.
The goods remain in the ownership of the sales company until they have been paid in full.
Delivery and Shipment
- In as far as no other conditions have been agreed upon, delivery will take place ex warehouse to the customer’s indicated shipping address.
- The customer carries the costs and liability for shipping. The delivery will take place via the postal service or parcel delivery service. Any transportation insurance is to be carried by the customer.
- Indication of delivery dates is not binding. Delivery by max and me gmbh is contingent on the punctuality and accuracy of the shipments it receives. max and me gmbh shall inform the customer without delay of any problems in shipment.
Prices and Payment Conditions
As a payment modality, the customer shall remit payment by making a bank transfer in advance. The prices are those, which are valid on the day the order is placed. All prices are in Euros and include 10% or 20% value added tax. Any shipment costs incurred will be added to the price of the goods. Over and above this, customs taxes and other fees may be charged for the goods ordered. These taxes or fees are to be carried by the customer. The sum of these fees is in accordance with the customs regulations of the country in question. The costs and risks of the shipment will be carried by the customer. In as far as no other conditions have been agreed upon, all invoices are to be paid in full immediately and without deductions.
Warranty and Compensation
The customer must give written notice of any damage evident within seven (7) days after the shipment has been sent. If notice is received at a later point in time, any damage evident is not covered by warranty. Only the given date of expiry is valid for the purpose of determining the warranty period. The sales company cannot assume liability for any damages due to improper storage or usage of the goods. No further claims can be acknowledged; the sales company cannot be held liable for damages on any legal grounds whatsoever.
Change of Domicile
The customer is bound to immediately notify max and me gmbh of any change of domicile that takes place between the date of order placement and its fulfillment. Any costs incurred for determining the address of the customer’s change of domicile as well as any forwarding costs are to be carried by the customer.
Place of Performance, Place of Jurisdiction and Applicable Code of Law
The place of performance is the site of max and me gmbh. The place of jurisdiction is A-1010 Vienna, Austria. The Austrian Code of Law applies under exclusion of UN Sale of Goods Law.