Terms of Use


State February 2012.
If not any other written arrangements have been made, following terms of business apply for all sales and shipments in view of their current version at the moment your place your order.

A) COMPANY
JOSEF PESL
KETTENMAX
5091 Unken 105
Austria

+43 (0)6589 7168
+43 (0)664 253 6468
Fax: +43 (0)6589 7170

VAT: ATU 41020701


B) Prices
The euro prices cited in our Internet shop apply exclusively; errors in price excepted.
Price arrangements result from the order confirmation. All orders are executed from the delivery warehouse chosen by Kettenmax and do not include installation, training or any other additional services. The prices include the usual standard packaging of delivered item, but not any costs or additional costs of shipment like postage, freight, delivery fees, etc. These costs have to be paid separately by the party to the contract.

C) Delivery
If not any other arrangements have been made, the merchandise is delivered out of stock to the address indicated as shipping address by the customer. We are entitled to deliver your order in parts. We try hard to keep to the delivery dates indicated.
Only for orders via our Internet shop will you receive a confirmation of receipt for your order and, in fact, by e-mail. This does not, however, constitute an acceptance of your order by us, but instead is simply intended to inform you that we have received your order. We usually send the available items 1-2 working days after receipt of the order. With their shipment, the purchasing contract with regard to your ordered items subject to these General Terms and Conditions of Business materialises.
We always deliver by post to your home address. The shipping costs result from the respective payment method (credit card, cash in advance, C.O.D. possible for separately listed countries only) and the respective total weight of the package to be sent. (based on your order!) – in addition, see also “Shipping costs” on this website!

D) Payment terms, payment methods
1. The modern method: via credit card (Visa/EuroCard and MasterCard)
We only accept the above-listed credit cards!
Please provide the name of the credit card holder, the complete credit card number and the expiration date.
The invoice amount will be debited from the credit card account on the date of shipment of the ordered goods. In the event of an account block or of a cheque being dishonoured, we will deliver your order cash on delivery or reserve the right to non-delivery of the goods.
Of course your credit card is not charged until the ordered goods are actually shipped.
For all transactions of kettenmax.com we guarantee that our security server ensures an encoding of all your personal data like payment information, name and address. This information cannot be read by unauthorized persons during the transmission in the internet.
2. Via postal cash order
Please note that payment via postal cash order is only possible in the following countries.
Andorra, Germany, France, French Guiana, Greece, Guadeloupe (Fr), Iceland, Italy, Croatia, Liechtenstein, Luxembourg, Martinique (Fr), Mayotte (Fr), Monaco, Austria, Portugal with Azores and Madeira, Réunion (Fr), Romania, San Marino, Switzerland, Slovak Republic, Slovenia, Spain, St Pierre und Miquelon, Tunesia und Türkey.
On delivery you pay the invoice amount (incl. shipping costs) plus a C.O.D. charge depending on the respective country to which the C.O.D. package is sent (Austria: 3.50 euros; Germany: 4.00 euros; remaining listed countries: 4.50 euros)
On legal grounds, we can only deliver C.O.D. to persons below the age of 18.
3. Via cash in advance
On receipt of the order you will receive an e-mail from us giving precise details of the total amount of your order incl. shipping costs. Please do not transfer this total amount to our account until then. Your order will be released for shipment and sent to you on receipt of the total amount.
Banking
Bank name: Raiffeisenbank Unken

Account-No: 78808

Bank code: 35066

IBAN: AT72 3506 6000 0007 8808

BIC: RVS AAT 2S 066

E) Right of withdrawal
Your right of return
Pursuant to § 5 of the Austrian Consumer Protection Law, purchasers who are consumers in terms of the Consumer Protection Law may withdraw from a contract concluded via distance selling (or from a contractual declaration made via distance selling) within a deadline of 7 calendar days of receipt of delivery of the ordered commodity, (as long as the commodity is still unused).
The deadline begins on receipt of this instruction in text form (e.g. as letter, fax or e-mail), but not before receipt of the goods. The prompt consignment of the commodity or the request to return suffices as compliance with the deadline.
Consequences of returns
In the event of an effective return the mutually received performances should be refunded and if; applicable, any benefits drawn (e.g. utilisation benefits) should be surrendered. In the event of commodity deterioration, value replacement may be requested. This does not apply if the deterioration of the commodity is solely attributable to the inspection thereof, as it would, for instance, normally have been possible in a retail shop. You can prevent a replacement value obligation from emerging by not using the commodity as an owner and by refraining from doing anything that would have a negative impact on the value thereof.

F) Title
All ordered goods remain in our possession until fully paid.

G) Warranty and liability
The statutory provisions apply to your order; accordingly you are entitled as owner to request a supplementary performance for a commodity that was defective at the time of transfer in the form of rectification of deficiencies or delivery of a defect-free commodity, i.e. the commodity will be smoothly repaired or completely replaced. Were disproportionately high costs to accrue in the supplementary performance variant you select, we are entitled to reject such costs and select the other variant, unless this is also associated with disproportionately high costs. According to the law, the warranty period is two years as of the transfer of the commodity to you as our customer.
Transport damage/complaints
Please notify us of obvious deficiencies within 8 days. Should a visibly damaged package arrive, please open it immediately in the presence of the postman/parcel service and have a damage confirmation issued immediately.
In general, the risk of damage or loss of delivered goods transfers to the contractual partner on leaving the Kettenmax distributing warehouse.
Please complain at the place where you bought the commodity – that makes handling easier, faster and more unbureaucratic. Thus, if you have ordered from the shipping department, then please send the commodity back to the shipping department. If you have bought something in a branch, then back to that branch please – that helps a lot. 
Important: we also need proof of purchase for processing complaints.
We exclude our liability for slightly negligent breaches of duty, inasmuch as the latter do not relate to any essential contractual duties, damage resulting from injuries to life, limb or health, or guarantees, or are based on claims according to the Product Liability Law. The same applies to breaches of duty by our vicarious agents.

H) Copyright
All our products are protected by copyright.

I) Privacy policy
We protect all private data you transfer to us. Those pieces of information collected in our offer are only used to make ordering as convenient as possible for you. We do not pass your personal profile on to other parties. Also you can withdraw from our newsletter service at any time by deactivating the field “newsletter” in your account.

J) Legal status
Should you be a consumer with no place of residence in the European Union (EU) or an entrepreneur, our corporate domicile is place of jurisdiction. Austrian law applies exclusively to all claims between yourself and our company, unless the protection awarded you by the imperative provisions of the law of the EU state in which you have your usual place of residence is revoked in the event of a consumer contract based on such choice of legal venue.
The exclusive court jurisdiction of Saalfelden applies to this agreement, also if the domicile of the party to the contract is not known or if he/she has no inland domicile any more at the moment of the institution of preceedings.
If any parts of these terms of business or any other agreement with the party to the contract is found to be invalid, all other remain unaffected.

 
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