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FLUIDFORMS Terms & conditions (as of 07/11/2005)
(your statutory customer rights are not affected)
Access to and use of our web site ("the site") and the sale and purchase of products from the site are governed by the terms and conditions of use (a) and the short terms and conditions (b) set out below.
By using the site you agree to accept these terms and conditions. If you do not wish to accept these terms and conditions, please do not use this site.
This site is operated and owned by in Austria registered firm:
FLUIDFORMS . WALTER & WILLIAMS OG
Josefigasse 1
A-8010 Graz
Österreich
Tel: +43 316 89 02 03
Fax: +43 316 89 02 0315
info@fluidforms.at
VAT No. ATU 61985613
(a) terms and conditions of use
1 Disclaimer
1.1 To the extent permitted by law we and/or our suppliers make no representations or warranties about the accuracy, completeness, satisfactory quality or suitability for any purpose of:
I The information contained in the documents and related graphics published in the site; or
II Any of the products of whatever nature details of which appear on the site.
1.2 All such documents and related graphics are provided, and such products (where ordered) are accepted by you on an "as is basis". Your statutory customer rights are not affected.
1.3 We reserve the right to change prices listed without notice. Prices are correct at the time of order only and relate to internet purchases only. All orders for products are subject to availability and we reserve the right to refuse to supply any particular person.
1.4 The information contained in the site may contain technical inaccuracies or typographical errors. All liability of FLUIDFORMS howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
1.5 Any losses incurred or sustained by users who transmit information by means of e-mail or other internet link will be borne solely and exclusively by such user and in no event will any such losses in whole or part be borne by us.
2. Linked sites
We are not responsible for the content of any off-site pages or any other sites linked to the site nor have we reviewed any such site. If you link to any off-site pages or other sites without our prior written permission, such action will be at your own risk. We cannot be held responsible for the contents of any web site which is electronically linked to the site and which is not maintained by us.
3 Copyright
3.1 All site design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this site are the copyright of FLUIDFORS. All rights reserved.
3.2 Permission is granted to electronically copy and to print in hard copy portions of the site for the sole purpose of placing an order with us or using the site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without our prior written permission, is strictly prohibited.
(b) Terms and conditions of business
1 General
We will sell and you will purchase products subject to our terms and conditions of business set out below. The contract in respect of the products supplied by us to you comes into existence in accordance with these terms and conditions. For the avoidance of doubt, receipt of an order via our site does not constitute acceptance. We will e-mail you prior to delivery to advise you of our acceptance of your order. That acceptance will be deemed complete and will be deemed to have been effectively communicated to you at the time that we send the e-mail to you (whether or not you receive that e-mail).
2. Confirmation
You will promptly, generally within one working day, receive a confirmation of your order with all of your order details by E-Mail. We will deliver the ordered goods subject to availability. In the case of unavailability you will be informed. We retain the right to refuse delivery to particular persons. Orders from dealers may only occur through direct contact by E-Mail, FAX or telephone.
3. Delivery
The delivery of serial products take place in general within 2-6 days after the receipt of the order.
The delivery of individually designed products takes place promptly after production, in general within two weeks. In the case of delayed delivery you will be promptly informed. Claims for damages due to non timely delivery that are without intent or gross negligence are excluded to the fullest extent permitted by law. Binding delivery appointment agreements require the written form. The specified delivery times are subject to the commissioned parcel services and a therein non-binding. We do not deliver to Post-office boxes. Upon receiving the goods, responsibility is carried by you.
4 Price and Tax
4.1 All prices are quoted in Euro. The calculated VAT reflects the rate in the particular country of the delivery address and is included in the purchase price. The price for an order displayed on the screen represents the exact purchase price including shipping costs and tax. The prices at the time of order apply. Fluidforms accepts no responsibility for transfer errors.
5 Shipping Costs
Shipping costs are principally free of charge. For orders under a particular level, a charge for shipping and handling applies. These levels are dependant on the country to which the products are to be shipped.
Shipping is free of charge for orders to Austria over a total order value of EUR 145,-. Under this value a shipping charge of EUR 4,- is required.
to Andorra, Belgium, Cyprus, Denmark, Finland, France, Greece, Germany, Hungary, Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Sweden, Switzerland, Spain, United Kingdom, Vatican City shipping is free of charge for orders over a total order value of EUR 195,-. Under this value a shipping charge of EUR 14,- is required.
Shipped is free of charge for orders to Egypt, Bahrain, Bosnia and Herzegovina, Bulgaria, Iceland, Israel, Yemen, Jordan, Yugoslavia, Canada, Croatia, Kuwait, Norway, Oman, Russia, Saudi Arabia, Syria, Turkey, United Arab Emirates, United States of America over a total order value of EUR 245,-. Under this value a shipping charge of EUR 24,- is required.
To Australia, China, Hong Kong, Japan, North Korea, South Korea, New Caledonia, New Zealand shipping is free of charge for orders over a total or value of EUR 295,-. Under this value a shipping charge of EUR 34,- is required.
All other countries free of charge for orders over a total or value of EUR 345,-. Under this value a shipping charge of EUR 34,- is required.
Prices for all islands and remaining countries are available upon request.
6 Passing of property
We will retain the property in the products until full payment has been made by you and has been received by us.
Acceptance
You will inspect products within a reasonable time after their receipt and you will be deemed to have accepted the products unless within seven working days after their receipt you notify us that the products are rejected (this does not however affect your statutory customer rights). If no such action is taken, we will consider the products being as described, of satisfactory quality and fit for their purposes, and may not accept any rejection at a later date.
8 Returns procedure
8.1 You must contact us within seven days of delivery of the products by telephone or e-mail. A products may be returned without reason but will only be accepted in its original packaging and in unused condition. We retain the right not to grant a refund if these conditions are not met. In this case the shipping costs are carried by you.
8.2 In cases where the rejection of the products is due to a defect or discrepancy in the order, you will receive a full refund of the purchase price and the delivery charge, which will be credited to your credit or debit card. Products must be returned before the refund can be issued.
8.3 In cases where the rejection is due to an incorrect order from you or to dissatisfaction, you are still entitled to a full refund less the delivery charge only.
FLUIDFORMS . WALTER & WILLIAMS OG
Josefigasse 1
A-8010 Graz
Österreich
Tel: +43 316 89 02 03
Fax: +43 316 89 02 0315
info@fluidforms.at
9. Individually produced Products
Individualised Products that are designed and commissioned with the help of our web-application, are unique items and are produced especially for you. We point out that due to the nature of production and natural materials the final product may differ slightly to the computer representation of the product on the website. This applies to the form of the product, the appearance of the material and the personal engraving. Claims for damages due to discrepancies between the computer representation of the product and the finally produced product are excluded.
10. Guarantee
The statutory period of limitation is 2 years. In the case of a warranty implementation, the product will either be repaired, replaced or refunded. With small defects we are entitled initially to repair the product.
11. Assembly
Due to reasons pertaining delivery goods may be partially assembled. You alone carry the responsibility for correct assembly of the products.
12. Privacy
You data will only be used by us for the correct processing of your order. Please keep all documents and messages sent to you by us. We are committed not to provide your data to any other people, firms of institutes.
13 General
13.1 If any part or parts of these terms and conditions are deemed invalid, void or unenforceable, then that part or those parts will be considered severable from these terms and conditions thereby not preventing the remainder from being enforceable or effective.
13.2 These terms and conditions may be revised at any time and we reserve the right to do so. You are, therefore, advised to keep up to date with the contents of these terms and conditions as revisions are binding upon you.
14 Governing law
Your use of this site and any purchase by you on this site of any products will be governed by Austrian law and will be deemed to have occurred in Austria and each party hereby submits to the exclusive jurisdiction of the competent Austrian courts in Graz.
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