GTC
General Terms and Conditions (GTC)
of Vistech GmbH
Effective from 01/2020
Vistech GmbH
Wolfholzgasse 1
A-2345 Brunn am Gebirge
Phone: +43 (0)2236 315 777
Email: office@vistech.eu
Commercial Register
FN 341153x
Provincial Court of Vienna
VAT REG. No
ATU65485478
Member of the Lower Austrian Chamber of Commerce
Dept. of Trade
1. Scope of Validity
1.1 The following General Terms and Conditions (hereinafter referred to as GTC) apply to all sales contracts concluded between Vistech GmbH (hereinafter referred to as Vistech) as seller of electric spreaders, pneumatic seed drills and accessories and its customers via the web shop operated by Vistech. These GTC also form the basis for all future sales contracts between Vistech and its customers.
1.2 These GTC apply exclusively. Any changes and additions to these GTC must be made in writing. This also applies to the deviation from this formal requirement. Any verbal sub-agreements are invalid.
1.3 By placing an order, the customer agrees to the present General Terms and Conditions and is bound by them.
1.4 The language of contract, ordering and business is German.
2. Conclusion of the Sales Contract
2.1 The products offered in the Vistech shop (electric spreaders, pneumatic seed drills, accessories and spare parts) are an invitation to make an offer.
2.2 All offers by Vistech are non-binding; in particular, the presentation of goods in the web shop does not constitute a binding offer by Vistech; they shall only be considered as a request to submit an offer. Illustrations and drawings are only considered to contain approximate values, unless their content is expressly stated as a binding fixed value for the respective product. The customer shall accept minor and objectively justified changes.
2.3 The customer’s order shall constitute a binding offer.
2.4 The order shall be carried out in the following steps:
- Selection of the desired goods
- Input of personal data to place an order in the web shop (title, first name, surname, company name (optional), street, house number, postcode, city, country, email address, telephone (optional)).
- Display of pre-contractual information for consumers (Section 8 (1) and (2) of the Austrian Consumer Protection Act ), unless it is already evident from the product.
- Choice of payment method (direct bank transfer, credit card (Visa or Mastercard) or instant bank transfer)
- Confirmation of the GTC, revocation provisions and data protection provisions
- Checking the information in the shopping cart
- Binding submission of the order by clicking on the “Buy now” button
2.5 By placing an order in the web shop, the customer bindingly declares his contractual offer to conclude a sales contract for the goods contained in the shopping cart. By submitting his order, the customer accepts the pre-contractual information for consumers and the GTC as relevant for the legal relationship with Vistech.
2.6 Vistech reserves the right to either accept the offer or to reject it by dispatch of a corresponding declaration to the customer by email or by post. This applies in particular, but not exclusively, in the event of price changes that have occurred in the meantime or any errors or technical faults in the web shop, sales brochures, price lists, or other documentation. Vistech shall not be liable for such errors or price changes.
2.7 Upon receipt of the order on our side, the customer receives an automatically generated confirmation in which the essential data of the order, in particular billing and delivery address, quantity and unit price of the ordered goods as well as the total price are summarised. This confirmation does not constitute acceptance of the order and merely serves the customer as proof of the successful receipt of the order.
2.8 The order is accepted at our discretion within 14 days of receipt of the order via the dispatch of an order confirmation by post, fax or email or, if delivery is already possible within this period, directly by shipping the ordered goods.
2.9 If Vistech does not send an order confirmation nor the ordered goods to the buyer within the period of time specified in section 2.8, the customer’s binding period shall have expired and the purchase agreement shall not be concluded.
2.10 If a delivery of goods or notifications according to one of the methods specified by the customer (e. g. email address, fax number, postal address) is impossible due a reason for which Vistech is not responsible (e. g. incorrect information or changes), Vistech shall not be responsible for the non-delivery of the goods or notifications.
2.11 Vistech expressly reserves the right to change, amend, and delete parts of the pages or the entire offer without separate announcement or to temporarily or permanently discontinue their publication.
3. Delivery Times and Conditions
3.1 All prices for the goods offered by Vistech include shipping costs as well as other costs such as customs duties, etc.
3.2 If some of the ordered items cannot be shipped immediately, Vistech may, at its sole discretion, deliver all items at hand and ship others as soon as they become available.
3.3 Delivery is usually carried out by a courier service. Vistech reserves the right to also ship the goods by other means.
3.4 Shipment is generally effected within less than 7 workdays from order confirmation, for items in stock mostly within 1-2 workdays. For non-stock items, shipment may take up to 30 days from the order date.
3.5 Once the goods have been dispatched, the risk of loss or damage shall not pass to the consumer until the goods have been delivered to the consumer or to a third party designated by the consumer and different from the carrier. However, if the consumer himself has concluded the transport contract, the risk shall pass to the carrier upon delivery of the goods. In the absence of any other agreement, the consumer acquires ownership of the goods at the same time as the transfer of risk.
4. Terms of Payment and Shipping
Our prices are ex works including 20% Value Added Tax. Transport costs will not be charged.
4.1 Payment Methods
We offer the following payment methods. Simply choose the payment method that is best for you. The shipping costs are partly dependent on the chosen payment method.
Advance Payment
- Please transfer the total amount payable for your order to our account:
Vistech GmbH
Wolfholzgasse 1
A-2345 Brunn am Gebirge
Email: office@vistech.eu
Account holder:
Vistech GmbH
IBAN: AT65 2022 1072 0001 1430
BIC: SP HN AT 21
The ordered goods will be shipped after receipt of the payment.
- PayPal
We also offer payment via PayPal. - Credit card
Payment by Mastercard or Visa is also possible. - Instant bank transfer
5. Warranty and Compensation
5.1 The standard warranty period for all products and goods delivered by us is 24 months, unless stated otherwise. The warranty period begins with the invoice date.
Warranty claims:
- Non-removable connected steel assemblies: Warranty of 2 years
- Electric motors: Warranty of 1 year or 100 operating hours in max. 2 years
- Control units: Statutory warranty of 2 years
In the event of a defect, our customer service must be informed immediately. Vistech accepts no responsibility whatsoever in the event that the device is not used properly or has not been used for its intended purpose!
5.2 If the purchase is a commercial transaction for the customer according to Section 377 (1) of HGB (Austrian Commercial Code), the customer shall inspect the goods immediately upon receipt and notify Vistech immediately of any defect that may have been found.
5.3 In case of a defect for which Vistech is responsible, Vistech shall at its own discretion be obliged to remedy the defect or to deliver a replacement.
5.4 Vistech is entitled to refer the customer directly to the manufacturer in case of warranty claims, if the damage was not caused by employees of Vistech and the direct recourse to the manufacturer does not represent unreasonable additional expenses for the customer.
5.5 If the defect cannot be remedied or if Vistech is not able to provide a replacement, the customer shall be entitled to request a price reduction or rescission in case of a substantial defect, and only a price reduction in case of an insignificant defect. Any further claims shall be excluded in any case.
5.6 Vistech shall only be liable for damages in case of intent and gross negligence, with the exception of personal injuries.
5.7 Unless it is a consumer transaction, the existence of slight or gross negligence must be demonstrated by the injured party. Compensation for consequential damage, as well as other property damage, financial loss and third-party damage against the customer shall be excluded.
6. Consumer’s Right of Rescission
6.1 You have the right to rescind this contract within fourteen days without specifying the reasons.
6.2 The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, have taken or have taken possession of the goods. This also applies to partial shipments, whereby the period begins with the last partial shipment.
In order to exercise your right of revocation, you must inform us,
Vistech Gmbh
Wolfholzgasse 1
A-2043 Brunn am Gebirge
Austria
Phone: +43 (0)2236 315 777
Email: office@vistech.eu
by submission of a clear statement (e. g. a letter sent by post, a fax or an email) of your decision to revoke this contract. You may use the attached sample revocation form, which is however not compulsory.
6.3 In order to comply with the revocation period, it is sufficient that you send a notification about exercising your right of revocation before the end of the revocation period.
6.4 Consequences of the revocation: If you revoke this contract, we shall reimburse you for all payments we may have received from you, including shipping costs (excluding any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the date on which we receive notification of your rescission of this contract. For this reimbursement we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this reimbursement. We may refuse to reimburse you until we receive the goods back or until you provide evidence that you have returned the goods, whichever is earlier.
6.5 You must return the goods to
Gebrüder Weiss
Leitstand/Lager Vistech
Manker Straße 55
A-3380 Pöchlarn
without delay and in any case within fourteen days at the latest from the day on which you have informed us of the revocation of this contract. The notification period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
6.6 The buyer bears the direct costs for returning the goods.
6.7 You shall only be liable for any loss of value of the goods if this loss of value is due to any handling of the goods which is not necessary for testing the nature, properties and working condition of the goods.
6.8 Revocation Form
(If you want to revoke the contract, please fill out this form and send it back):
To:
Vistech Gmbh
Wolfholzgasse 1
2043 Brunn am Gebirge
Austria
Email: office@vistech.eu
— I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only for paper notifications)
— Date
(*) Delete as applicable.
7. Other Rescission of Contract
7.1 Vistech shall be entitled to rescind the contract in case of breach of contract by the customer, particularly in case of default of payment, and to demand return of the goods. In addition, Vistech shall be entitled to rescind the contract in case of breach of an obligation of the customer, and to request return of the goods if Vistech can no longer be reasonably expected to adhere to the contract.
7.2 This rescission shall be without prejudice to Vistech’s right to claim damages for non-performance. Moreover, the customer shall owe Vistech a reasonable compensation for the use of the goods.
7.3 In case of rescission of the contract according to section 7.1, Vistech shall have the option to claim liquidated damages of the invoiced amount or the actual damage incurred.
7.4 If the customer withdraws from the contract without being entitled to do so or requests its cancellation, Vistech shall have the choice to insist on the fulfilment of the contract or to agree to the cancellation of the contract. In the latter case, the customer shall be obligated to claim either liquidated damages of the invoiced amount or the actual damage incurred, at Vistech’s discretion.
7.5 If the contract is rescinded (by mutual consent or otherwise justified) according to section 7, the customer shall immediately, but at the latest within 14 days, return already delivered goods to Vistech at his own risk and expense.
Gebrüder Weiss
Leitstand/Lager Vistech
Manker Straße 55
A-3380 Pöchlarn
8. Statutory Warranty
8.1 Vistech provides warranty within the scope of the statutory provisions.
8.2 Vistech does not provide any guarantee to customers in the legal sense. Manufacturer warranties remain unaffected by this.
9. Limitation of Liability
9.1 Any claims for damages shall be limited to damages caused by Vistech intentionally or through gross negligence. No claims for damages are accepted in the case of slight negligence.
9.2 The exclusion of liability shall not apply to claims arising from the Product Liability Act. Furthermore, the exclusion of liability shall not apply to damages attributable to Vistech due to injury to body or health or loss of life of the customer.
9.3 Vistech shall only be liable for content published on the website of its online shop. To the extent that links provide access to other websites, Vistech shall not be responsible for the external content contained therein. Vistech assumes no ownership of the external content. If Vistech obtains knowledge of illegal content on external websites, Vistech will immediately block access to such websites.
10. Copyright, Change of Address
10.1 Plans, sketches or other technical documents as well as samples, catalogues, brochures, illustrations and the like shall always remain the intellectual property of Vistech; the customer shall not receive any rights of use or exploitation whatsoever.
10.2 The customer shall be obligated to notify Vistech of any changes of his residential address as long as both parties have not completely fulfilled the contractual legal transaction. If such notification is omitted, declarations shall also be deemed received if they are sent to the last known address.
11. Data Protection
11.1 Customer data will not be passed on to third parties, unless this is essential for the execution of the contract, especially for payment transactions.
11.2 The data collected through the web shop is gathered and electronically stored for the following purposes: Processing of orders, shipping, invoicing, compilation of statistics, marketing.
11.3 The customer has the right to revoke his consent to receive information by email at any time.
12. Credit Card Payments
12.1 Vistech uses an external service provider (SIX Payments) for credit card payments.
12.2 No credit card information is stored on any of Vistech’s systems.
12.3 Credit card information is passed to SIX Payments via a secure connection (SSL or SET).
13. Final Provisions
13.1 All sales contracts concluded by us are exclusively subject to Austrian law with the exception of UNCISG.
13.2 Place of performance is 2345 Brunn am Gebirge, Austria.
13.3 This contract shall be governed by Austrian law. If the contractual partner is a consumer, the mandatory provisions of the law of the country in which he has his habitual residence shall also apply to this contract.
13.4 For disputes arising from the contract, Vienna is agreed as the place of jurisdiction if the contractual partner is an entrepreneur.
13.5 For disputes arising from the contract, if the contractual partner is a consumer who has his domicile, habitual residence or place of employment in Austria, the court in whose district the consumer has his domicile, habitual residence or place of employment shall have jurisdiction.
Alternative dispute resolution pursuant to Section 14(1) of the Online Dispute Resolution for Consumer Disputes and Section 36 of the Act on Alternative Dispute Resolution in Consumer Matters:
The European Commission provides a platform for online dispute resolution (OS), which can be accessed on https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
