General terms and conditions of business
The following General Terms and Conditions (GTC) govern the contractual relationship between SESCO Marketing & Sales GmbH (hereinafter referred to as “Provider”) and customers who use the Internet offering of SESCO Marketing & Sales GmbH (hereinafter referred to as “Buyer”). The General Terms and Conditions concern the use of the websites:
- sesco.at
- sesco-healthcare.at
- www.cleanchair.at
- www.cleantraveller.net
- sesco-home.com
- sesco-goodies.com
- sesco-travel.com
- anneella.com
The version valid at the time the contract is concluded is relevant.
The General Terms and Conditions apply to every order placed with SESCO Marketing & Sales GmbH. All other conditions are hereby excluded. By placing an order it is acknowledged that the General Terms and Conditions have been read, understood and accepted without reservation.
§2 Conclusion of contract
The offers from SESCO Marketing & Sales GmbH on the Internet represent a non-binding invitation to the buyer to order goods from SESCO Marketing & Sales GmbH.
By ordering the desired purchase item online, the buyer makes a binding offer to conclude a purchase contract.
SESCO Marketing & Sales GmbH is entitled to accept this offer within 3 (three) working days by sending an order confirmation. The order confirmation will be sent by email. If the specified period has expired without result, the offer is considered rejected.
§3 Prices
All prices quoted by us include VAT and, unless expressly stated otherwise, do not include delivery. The exact delivery conditions and details regarding shipping costs are listed separately on the website.
If the wage costs change due to collective agreement regulations in the industry or internal agreements or other cost centers relevant to the calculation or costs necessary to provide the service, such as those for materials, energy, transport, external work, financing, etc., we are entitled to change the prices to increase or reduce accordingly.
Printing errors or minor deviations in the online shop do not entitle you to claims for damages.
§4 Sample production, patents and intellectual property rights
Test print images and sample productions must be checked by the buyer for typesetting and other errors and approved online as ready for production. The buyer is solely liable for any errors that are overlooked.
For individual logo designs, exact information is required as SESCO Marketing & Sales GmbH cannot subsequently exchange or take back goods.
It is expressly agreed that SESCO Marketing & Sales GmbH is not liable for any rights, in particular any intellectual property rights, of third parties if items are manufactured according to the buyer's wishes.
§5 Payment, due date, late payment
Payment for the goods is made exclusively in advance. The goods will only be dispatched after receipt of the corresponding invoice amount on our account in Austria.
When paying in advance, the buyer undertakes to pay the purchase price immediately after conclusion of the contract.
If the buyer is in default of payment, he is responsible for any negligence during this time. He is also liable for accidents due to the service, unless the damage would have occurred even if the service had been delivered on time.
Interest must be paid on the purchase price during the default. The default interest rate for the year is 5 (five) percentage points above the base interest rate. For legal transactions in which a consumer is not involved, the interest rate is 8 (eight) percentage points above the base interest rate.
The assertion of further damages is not excluded.
§6 Lieferung
Delivery to Switzerland is generally possible. Tax exemption applies to the ordered goods. However, there is a surcharge of 20% on the net price. Shipping costs and any additional costs such as fees and customs duties are to be borne entirely by the customer.
Delivery takes place by sending the purchased item to the address provided by the buyer.
SESCO is responsible for delays in delivery and performance due to force majeure and events that make delivery significantly more difficult or impossible for SESCO Marketing & Sales GmbH - this includes, in particular, strikes, lockouts, official orders, etc., even if they occur at suppliers or their sub-suppliers Marketing & Sales GmbH is not responsible for bindingly agreed deadlines and appointments. You authorize SESCO Marketing & Sales GmbH to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part due to the part that has not yet been fulfilled.
SESCO Marketing & Sales GmbH is entitled to make partial deliveries and partial services.
If the buyer does not take delivery of the goods immediately upon arrival, for whatever reason, all resulting costs (e.g. storage costs) are for his account; without prejudice to our right to sell the goods to a third party and hold the original purchaser liable for any loss.
The risk passes to the buyer as soon as the shipment has been handed over to the delivery address specified by the buyer.
In the event of an exchange, cancellation or return due to non-acceptance or any other reasons that lead to a return, the shipping costs for shipping and return must be borne by the buyer. The value of the returned goods will be refunded to the buyer after deducting shipping costs to the account he used.
Goods damaged during return will not be taken back and must be paid for in full by the customer.
§7 Retention of title
The purchased item remains the property of SESCO Marketing & Sales GmbH until full payment has been made. Before ownership is transferred, pledging, transfer as security, processing or redesign is not permitted without the express consent of SESCO Marketing & Sales GmbH.
§8 Warranty
SESCO Marketing & Sales GmbH guarantees that the purchased item is free of defects upon delivery.
In the event of damaged, missing or defective goods, this must be noted in writing to the logistics service provider and SESCO Marketing & Sales GmbH must be informed in writing within 7 (seven) days of receipt of the delivery. SESCO Marketing & Sales GmbH will then provide identical replacement products.
§9 Limitation of liability
SESCO Marketing & Sales GmbH is only liable for damages other than those resulting from injury to life, body and health if these damages are based on intentional or grossly negligent actions or on culpable violation of an essential contractual obligation by SESCO Marketing & Sales GmbH or its vicarious agents. Essential to the contract is an obligation whose fulfillment enables the proper execution of the contract and on whose compliance the buyer can regularly rely. Any liability for damages beyond this is excluded. Claims arising from a guarantee given by SESCO Marketing & Sales GmbH for the quality of the purchased item and the product liability law remain unaffected.
In any case, the maximum liability limit is the sales value of the defective products.
Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the availability of our online shop at all times.
§10 Choice of law, place of jurisdiction
Austrian law applies to these terms and conditions and the entire legal relationship between SESCO Marketing & Sales GmbH and the buyer. The contract language is German. The contracting parties agree on Austrian/domestic jurisdiction. The court having jurisdiction at our company headquarters has exclusive local jurisdiction to decide all disputes arising from this contract. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.