- § 1 Applicability
The present General Terms and Conditions shall apply exclusively to all business relations between Siluh and its purchaser. Provisions differing from those indicated in our General Terms and Conditions cannot be accepted unless agreed on by Siluh and the purchaser in writing, in individual cases.
- § 2 Contract conclusion
- At Siluh orders can be made online via our Website. An incoming order to Siluh constitutes an offer to conclude a sales contract with Siluh.
- The sales contract between Siluh and the purchaser shall exclusively be brought about if Siluh dispatches the ordered goods to the purchaser. The consignment will be sent to the last address that the purchaser has given to Siluh. A contract will not be concluded for any goods that have been ordered but that are not included in the consignment. The contractual partners are the purchaser and Siluh.
- Goods are only sold in the amounts that are usually made available to end-consumers.
- § 3 Delivery, cost of delivery
- Insofar as nothing else is agreed on, the consignment will be sent from Siluh to the delivery address indicated by the purchaser. The purchaser will be charged for any additional costs that accrue, if the purchaser or other assigned person is not present at the indicated delivery address when the goods are delivered.
- Shipping cost depend on destination and weight of shipment. Please send us an email if there are specific demands.
- § 4 Payment, maturity and default
- If goods are ordered, the purchaser has to pay the price via paypal or transfer the amount in advance via banktransfer.
- If the purchaser is in default of payment, Siluh shall be entitled to charge default interest at a rate of 5,00% per year over the base lending rate specified by the European Central Bank. If Siluh suffers a higher loss (e.g. due to return debit notes), Siluh can demand for reimbursement of the higher loss instead of default interest.
- The amount invoiced is due for payment on receipt of the invoice which is attached to the delivered goods.
- § 5 Set-off, retention
The purchaser shall only be entitled to set-off, if his counter claims have been recognized in a legally effective manner or are uncontested by Siluh.
- § 6 Reservation of ownership
Until complete payment of the sales price has been effected, the delivered goods shall remain the property of Siluh.
- § 7 Liability for defects
- The legal provisions are valid for defects to the goods sold. It is forbidden to assign these claims to third parties. Unless otherwise stated hereunder, further claims on the part of the purchaser are excluded, e.g. compensation for any consequential harm caused by defective goods.
Siluh is therefore not liable for any damages except for damages to the actual delivered goods.
- Siluh emphasizes that in spite of all the extraordinary diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter contain contents that are not conform with legal standards or contra bonos mores or morally harmful to young people. Siluh shall expressly assume no guarantee that no content of the above mention kind is contained in the delivered audio or video recordings or printed matter. The assertion of any claims for damages in this respect is excluded.
- Siluh emphasizes that in spite of all the extraordinary diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter have been produced which infringe on intellectual property rights or ancillary copyright. Siluh shall expressly assume no guarantee that the delivered audio or video recordings or printed matter do not infringe on intellectual property rights or ancillary copyright. The assertion of any claims for damages in this respect is excluded.
- The disclaimers of warranty or limitation of liability specified in paragraphs 1 to 3 here in are also applicable to Siluh's employees, representatives and vicarious agents.
- The disclaimers of warranty or limitation of liability specified in paragraphs 1 to 4 here in do not apply, if the damages result from intentional or grossly negligent breaches of duty or if personal injury is involved or if there has been an intentional or grossly negligent infringement or breach of moral standards. They are also not applicable, if the purchaser claims damages according to §§ 1 und 4 of the Product Liability Law.
- In those cases where Siluh provides rectification in the form of replacement, the purchaser is obliged to return the originally delivered goods to Siluh at the expense of Siluh within 30 days of receipt of the replacement delivery.
- Claims that are made as a result of defects become invalid after two years from the date of delivery to the purchaser.
- § 8 Data protection
Personal data that Siluh has collected and recorded pertaining to the purchasers, solely serve the purpose of handling and processing the order including the realization of delivery or sales price, as well as the pursuance of any further claims that may result from this. Further details are specified in the data privacy regulations.
- § 9 Applicable law
Austrian law under exclusion of the UN Convention on Contracts For The International Sale Of Goods is applicable, irrespective of the purchasers seat or domicile.