1. Area of application
1. 1 The delivery of goods and/or performance of services from ECO Hot GmbH on or towards her buyers (“contracting partner”) (together “parties to a contract”) occurs exclusively on basis of these general terms and conditions (briefly GTC ).
1. 2 Contracting partners of ECO Hot GmbH are consumers as well as enterprisers.
1. 3 From the GTC different and/or divergent regulations of the contracting partners, in particular in their terms of business, are valid only in this respect when these were confirmed by ECO Hot GmbH expressly and in writing. ECO Hot GmbH is not obliged to contradict the different and/or divergent regulations or terms of business of contracting partners, namely also not if in these the validity of the same is intended as an explicit condition on the business transaction.
2. Offers / order confirmation
Our offers are nonbinding, costs estimates are not binding. Documents like pictures, sketches, drawings, statements of cost, etc. are obliging only if this was agreed expressly in writing. The content of the order confirmation is regarded by the contracting partner as approved, if the contracting partner will not appeal within 5 working days after the receipt in written form.
3. Official approvals
If official approvals are necessary for the fulfilment of the contractual relationship, the contracting partner has to deliver this on time. If this is not the case ECO Hot GmbH in spite of other claims is entitled to withdraw from the contract.
4. Plans and documents / installation rules
4. 1 All catalogues, prospectuses, pictures as well as control programmes and regulator programmes, etc. from ECO Hot GmbH are and remain their intellectual property. Every utilisation, duplication, spreading, publication, presentation and other transfer to third parties, needs the previous explicit written approval of ECO Hot GmbH. 4. 2 ECO Hot GmbH reserves itself on account of technical and/or legal and/or other changes and/or conversion and/or advancement and/or similar inevitably to appearing changes of the goods and/or services and/or plans and/or documents. Every such change entails an adaptation of the price and/or the term of delivery. 4. 3 Before operating goods the installation-, service- and other technical regulations and advises by ECO Hot GmbH must be observed. The contracting partner will transfer this obligation if necessary to his customers.
5. Term of delivery and achievement term
5. 1 Terms indicated by ECO Hot GmbH are non-binding. The run of terms on no account begins before arrangement on all order details.
5. 2 ECO Hot GmbH is entitled to part deliveries or part achievements.
5. 3 ECO Hot GmbH is entitled to withhold deliveries and achievements, e. g. , also the fulfilment of guarantee claims, until the contracting partner has fulfilled all his obligations and requirement.
5. 4 ECO Hot GmbH is entitled any time to withdraw from the contract or to finish without notice this if the contracting partner offends against one of his obligations / requirements.
6. Transfer of benefits and risks
6. 1 Benefit and risk go over on the contracting partner, as soon as ECO Hot GmbH has informed the contracting partner of the readiness of delivery, even if the delivery occurs including assembly.
6. 2 If the dispatch is delayed or impossible reasons of which does not have to represent ECO Hot GmbH is stored the product on calculation and danger of the contracting partner.
6. 3 The contracting partner has to organise at own expenses and own risk the transport. At organisation of the transport by ECO Hot GmbH the costs are charged including manipulation.
6. 4 ECO Hot GmbH is not obliged to take out a transport policy. An assurance of goods occurs only about written order of the contracting partner and on his calculation.
6. 5 The contracting partner expressly agrees with the fact that from ECO Hot GmbH commissioned Third, e. g. , distributor of ECO Hot GmbH receive the product for the contracting partner.
6. 6 If the contracting partner is a consumer, the danger on him goes over with possible sending of the product, provided that the contracting partner has approved the sending kind and/or has determined.
7. Force majeure
If ECO Hot GmbH is, on grounds of higher power, not in the situation to deliver, ECO Hot GmbH will inform the contracting partner about that immediately and without culpable delay. ECO Hot GmbH is entitled in the case of force majeure to withdraw all or part from the contract. Anyhow possible terms of delivery and achievement terms of ECO Hot GmbH are extended by the period of the duration of the force majeure.
8. Prices / costs
8. 1 All prices of ECO Hot GmbH get on net ex works (excl. of legal deliveries, taxes, packaging, carriage and/or insurance costs). The value added tax is calculated separately and expelled.
8. 2 The hourly sentences of ECO Hot GmbH or the possible contracting partners are valid for the performance of services, as for example installation works.
8. 3 In the following cases the contracting partner is obliged to carry all ECO Hot GmbH for attacking costs in spite of other cost allocation rules called in the Terms and Conditions: a) Commissioning goods;
b) Changes of the scope of supply and/or achievement extent for which reason also always, e. g. , for technical reasons, etc. also without notification of the contracting partner; c) Termination/Cancellation of contract;
d) Deferment of the achievement and/or delivery for reasons of which the contracting partner has to represent, e. g. , by non-fulfilment of the duties and/or obligations of the contracting partner or by request of the same;
e) Justified assertion of the retention of title or penetration of the property right by ECO Hot GmbH.
9. 1 All demands of ECO Hot GmbH are due immediately after calculation preservation without deduction of a discount payment or other deductions to the payment. ECO Hot GmbH is entitled to carry out deliveries of goods or the performance of services only against prepayment.
9. 2 ECO Hot GmbH is entitled to credit made payments on possible reminding-/ collection costs from the contracting partner. Payments may be also credited with contrary dedication by the contracting partner at other demands.
9. 3 With default of payment on the part of the contracting partner ECO Hot GmbH is entitled to put the whole still open purchase price due and/or to settle default interests of 12% p. a.
10. Retention of title
10. 1 Up to the entire purchase price payment ECO Hot GmbH keeps the unlimited property right in the goods. 10. 2 Any resale, processing or pawning, transferring of ownership as security on a debt or every other disposal about the goods is inadmissible, as long as the retention of title exists. The contracting partner has to inform ECO Hot GmbH of every change of the actual or juridical status of the goods standing under retention of title, so, e. g. , from any seizure or state deteriorations, immediately.
10. 3 The assertion of the retention of title is not valid as a resignation of the contract and releases the contracting partner not from his duties, particularly the payment of the purchase price.
10. 4 If ECO Hot GmbH asserts his retention of title, the contracting partner is immediately obliged to surrender the goods standing under retention of title. ECO Hot GmbH is entitled to fetch back the goods standing under retention of title any time itself. In addition, the contracting partner has to pay an adequate reimbursement for the duration of the possession of the product as well as substitute for the depreciation of the product in addition to.
10. 5 If it comes in spite of the agreed retention of title to a resale and/or similar of the goods to a Third, the contracting partner already resigns now all claims originating from it against this to the extent of a possible outstanding demand in ECO Hot GmbH and undertakes to put immediately all steps necessary for the cession, as for example registration in the books, in particular open item list, notification of the debtor, etc. the contracting partner is obliged and ECO Hot GmbH is entitled to inform the third of the cession. The contracting partner has to hand over ECO Hot GmbH immediately a copy of this notification.
The contracting partner is obliged to check goods and achievements immediately with risk crossing or achievement performance whether they are free of defects and completeness and to indicate possible defects to ECO Hot GmbH immediately (within 8 working days) in writing and specified. This regulation is also valid from knowledge of hidden defects. If it concerns with the contracting partner an enterpriser, the elevation of a fault rebuke does not entitle the contracting partner to the partial or total retention of payments. If a commissioning of goods occurs through ECO Hot GmbH or through authorised Third, the contracting partner has to raise his rebuke by the commissioning. If the contracting partner does not reprimand (on time), he loses all claims.
12. Warranty / Guarantee
12.1 A guarantee of 60 months is granted on the panel, for accessories (remote control) the legal guarantee term is valid , calculated from date of issue of the invoice or delivery note. Within this guarantee time all appearing production mistakes and/or material defects are adjusted with presentation of the invoice or delivery note free of charge by repair and/or exchange in an equivalent, flawless article. Condition for free guarantee is that the type plate with the serial number of the device has not been removed or damaged. 12. 2 ECO Hot GmbH provides only for qualities guarantee which ECO Hot GmbH has expressly confirmed to the contracting partner. Thus, e. g. , any liability or warranty for compatibility of goods with other products, systems, arrangements or parts of it, as well as the suitability for a certain intended purpose, is excluded. 12. 3 A guarantee for activities of Third, e. g. , plumber and/or electrician etc. , is excluded.
12. 4 No warranty and guarantee passes among other things for wearing parts, in the event of force majeure, effect of humidity, excessive soiling, fire, defective ventilation, voltage fluctuations from more than +/-10 %, as well as with electric or electromagnetic influence and other external effects.
12. 5 With improvement or exchange the warranty term from new one does not start to run.
12. 6 If goods are produced by ECO Hot GmbH on the basis of construction data, drawings or models of the contracting partner, ECO Hot GmbH is not obliged basically to check the correctness of these specifications. The liability and warranty of ECO Hot GmbH applies not to the correctness of the construction and other information of the contracting partner, but only on the fact that the goods were produced according to this information.
12. 7 Any modification not authorised by ECO Hot GmbH of goods, or commissioning of goods together with other devices and/or accessories whose compatibility was not expressly promised by ECO Hot GmbH, or not proper service leads to the exclusion of the warranty.
12. 8 In case of the partial delivery of goods and/or performance of achievements the warranty term starts to run with realisation and/or performance of the respective (part) delivery and / or (part) achievement. 12. 9 ECO Hot GmbH is entitled to have sent defective goods or parts of it for the improvement, in any case. 12. 10 If a sample delivery is agreed, this of ECO Hot GmbH occurs to the exclusion of all guarantee and liability.
13. 1 ECO Hot GmbH sticks without restriction according to the legal regulations for personal damages which are due to a culpable duty injury of ECO Hot GmbH. Contractual compensation claims exist only with intention and coarse carelessness. The legal periods of limitation are valid it.
13. 2 The goods offer only that security which can be expected on grounds of the in each case valid legal (product) regulations, use regulations, etc.
13. 3 In the liability case only monetary substitute can be required and the liability is limited to the height of the net goods value.
13. 4 The substitute of fault secondary damages by ECO Hot GmbH is excluded.
13. 5 Contractual compensation claims exist only with intention and coarse carelessness. A liability for indirect damages (how escaped profit, secondary damages and/or claims of Third) is excluded. The burden of proof return according to §1298 ABGB is excluded.
13. 6 All compensation claims from defects of deliveries and/or achievements must be asserted – the lack should not be recognised by ECO Hot GmbH expressly – go out within 6 months after their objective recognizability , at the latest however, within 3 years after the claim-founding event judicially, otherwise the claims expire.
13. 7 The contracting partner indemnifies ECO Hot GmbH in all those cases in which ECO Hot GmbH is taken up by a behaviour of the contracting partner by a Third. The contracting partner also has to carry every result of an injury of his duties completely himself.
14. 1 The contracting partner expressly refuses, own demands, for whatever title and legal relationship, to set off against claims of ECO Hot GmbH or to suspend or diminish owed achievements, for whatever reason. . 14. 2 If the contracting partner is a consumer, the partner can set off only against one in the juridical connection with the obligation standing demand as well as with a legal court judgment about the counterclaim.
15. Written form
Changes and supplements of the contractual relationship between the parties to a contract need to their effectiveness of the written form as well as the signing by these. Verbal additional agreements have no validity. The written form requirement are also enough e-mail and / or fax.
16. Data protection / Confidentiality
16. 1 ECO Hot GmbH is entitled to store personal data of the contracting partner and to use in every form according to the applicable General Data Protection Regulations (GDPR) as well as the privacy adjustment law in 2018 (PAL) as well as the telecommunication law (TCL 2003). Closer details in addition in the “ Imprint/Data Protection ”.
16. 2 The contracting partner commits himself to absolute confidentiality concerning all information which reaches to him before or in the course of the contract management about ECO Hot GmbH or their business partner to the knowledge.
17. Cancellation right for consumers
The legal cancellation right is entitled only to consumers. Consumer is according to § 1 Consumer Protection Law (CPL) somebody who closes a legal deal and for which this legal business does not belong to the company of his enterprise (independent economic activity). In the following you receive an instruction about the conditions and results of the legal cancellation right with dispatch orders. A contractual grant going out the law of rights is not connected with it.
17. 1 Cancellation instruction / Cancellation right
You have the right to revoke this contract within 14 days without giving reasons.
The cancellation term amounts 14 days from the day in which you or one third named by you, who is not the carrier, the product (in case of a bill of sale), or the last product (in case of a contract about several goods within the scope of a uniform order which are delivered then apart) or the last partial shipment or the last piece (in case of a contract about the delivery of a product in several partial shipments or pieces) have or has taken in possession.
To use your cancellation right, you have to inform us, the ECO Hot GmbH. , Dr. Auner-Strasse 13, A-8074 Raaba-Grambach, Phone: 0043 (0) 316-403060-0, fax: 0043 (0) 316 231123-9392, e-mail: office@eco-hot. com, by means of an unequivocal explanation (e. g. , a letter sent by post, phone, fax or e-mail) about your decision to revoke this contract. You are able for it under number 17. 3 suggested pattern-cancellation forms use which is not prescribed, nevertheless. For the protection of the cancellation term it is sufficient that you send the communication about the exercise of the cancellation before the cancellation term.
Results of the cancellation
If you revoke this contract, we have to pay back all payments to you immediately which we have received from you, including the delivery expenses (with the exception of the additional costs which arise from the fact that you have chosen another kind of the delivery than which from us offered, most favorable standard delivery) and at the latest within 14 days from the day in which the communication about your cancellation of this contract has come with us. For this repayment we use the same currency which you have used with the original transaction, unless, something else was agreed with you expressly; in no case we will calculate to you because of this repayment remunerations. We can refuse the repayment, until we have got back the goods again or you have provided the evidence that you have sent back the goods, depending on which is the former time. You have the goods immediately and, in any case, at the latest within 14 days from the day in which you inform us about the cancellation of this contract to send back to us or to hand over. The term is protected if you send the goods before the term of 14 days.
The costs for the return of the goods have to be born by you.
You must arise for any depreciation of the goods only if this depreciation is not due to one to the check of the state, qualities and functionality of the goods necessary contact with them.
17. 2 Exceptions to the cancellation right
There exist legal exceptions to the cancellation right (§18 FAGG). Thus you cannot revoke the distant sales contract if the product ordered by you was made especially by your wishes or is cut unambiguously on your personal needs and cannot be set sold because of the consideration of your wishes otherwise or only with an unreasonable discount.
17. 3 Pattern for cancellation form
If you want to revoke the contract, please fill this form and send it back. (Tip: The use of this form is not prescribed to you – see in this respect number 17. 1)
ECO Hot GmbH
Dr. Auner-Strasse 13
Fax: 0043 (0) 316 231123-9392 E-mail: office@eco-hot. com
Herewith I/we (*) revoke from my/our (*) concluded contract about the purchase of the following goods:
(call here goods exactly please) Ordered in … / received in … (*) Name of the consumer(s): Address of the consumer(s):
Signature of the consumer(s) (only with communication on paper): Date:
(*) stroke the Incorrect please.
18. Place of jurisdiction/legal choice
18. 1 All disputes from or in connection with the contractual relationship including the question of his valid realisation and/or his Pre and after-effects are decided exclusively by the essentially responsible court in the seat of ECO Hot GmbH or after choice of ECO Hot GmbH also by the essentially responsible court in whose parish the contracting partner has his seat, an establishment or property.
18. 2 If the contracting partner has off his seat beyond the EU, disputes out or in context with a contractual relationship between the contracting partner and ECO Hot GmbH are decided according to the Viennese rules from one or several referees appointed according to these rules finally. Place of the arbitration board is Vienna. Arbitration language is German.
18. 3 If the contracting partner is a consumer, the legal venue is the residence, the usual stay or the place of the employment of the contracting partner.
18. 4 All contracts between ECO Hot GmbH and the contracting partner are defeated by exclusively Austrian right to the exclusion of collision-juridical norms. The use of the UN-purchase right is expressly excluded.
19. Severability clause
Should one or several regulations of the Terms and Conditions be ineffective and/or impracticable, or becomes evident a gap, the validity of the remaining regulations of the Terms and Conditions is not touched through this. Invalid and/or impracticable regulation (s) and/or a completion of a gap automatically occurs in the legally permissible extent, so that these regulations and/or gaps are filled in such a way as it corresponds to the intention of the parties to a contract best of all.
© ECO Hot GmbH, valid from January 2018, Typing and printing errors reserved