Terms and Conditions
1. Authorization, fields of activity
SaynConsult eU (hereinafter referred to as "SC") has the business license to trade in civilian weapons and civilian ammunition, as well as the license to trade.
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2. Validity, conclusion of contract
2.1 SC provides its services exclusively on the basis of the following general terms and conditions (GTC) and any other special terms and conditions or contractual conditions or usage regulations. These apply to all legal relationships between SC and the customer, even if no express reference is made to them.
2.2 The versions valid at the time the contract was concluded are decisive. Deviations from these and other supplementary agreements with the customer are only effective if they are confirmed in writing by SC.
2.3 Any terms and conditions of the customer will not be accepted, even if known, unless this is expressly agreed otherwise in writing in individual cases. SC expressly contradicts the customer's terms and conditions. A further objection to the general terms and conditions of the customer by SC is not required.
2.4 Changes to the GTC will be announced to the customer and are deemed to have been agreed if the customer does not object to the changed GTC in writing within 14 days; the customer is expressly informed of the importance of non-disclosure in the communication.
2.5 Mandatory legal regulations, in particular those of weapons law and consumer protection, remain unaffected.
2.6 Should individual provisions of these General Terms and Conditions be ineffective, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis of them. The ineffective provision is to be replaced by an effective one that comes closest to the meaning and purpose.
2.7 SC's offers are subject to change and non-binding.
3. External services / commissioning third parties
3.1 SC is entitled, at its own discretion, to perform the service itself, to use expert third parties as vicarious agents for the provision of contractual services and/or to substitute such services ("external service").
3.2 The commissioning of third parties within the framework of an external service is carried out either in the customer's own name or in the name of the customer. SC will carefully select this third party and ensure that it has the required professional qualifications.
3.3 Insofar as SC commissions necessary or agreed external services, the respective contractors are not vicarious agents of SC.
3.4 The customer has to enter into obligations towards third parties that go beyond the contract period. This also applies expressly in the event of termination of the contract with SC for good cause.
4. Appointments
4.1 Unless expressly agreed as binding, specified delivery or service periods are only approximate and non-binding. Binding appointments must be recorded in writing or confirmed in writing by SC.
4.2 If SC's delivery/service is delayed for reasons for which it is not responsible, such as events of force majeure and other unforeseeable events that cannot be averted with reasonable means, the performance obligations are suspended for the duration and to the extent of the hindrance and the deadlines accordingly. If such delays last more than two months, the customer and SC are entitled to withdraw from the contract.
4.3 If SC is in default, the customer can only withdraw from the contract after he has given SC a reasonable grace period of at least 14 days in writing and this has expired without result. Claims for damages by the customer due to non-performance or delay are excluded, except in the case of proof of intent or gross negligence.
5. Early termination of contract
5.1 SC is entitled to terminate the contract for important reasons with immediate effect. An important reason exists in particular if
a) the performance of the service becomes impossible for reasons for which the customer is responsible or is further delayed despite setting a grace period of 14 days;
b) the customer continues to violate essential obligations from this contract, such as payment of an amount that has become due or obligations to cooperate, despite a written warning with a grace period of 14 days.
c) there are justified doubts about the customer's creditworthiness and he does not make any advance payments at SC's request nor provide suitable security before SC performs the service;
5.2 The customer is entitled to terminate the contract for important reasons without setting a grace period. An important reason exists in particular if SC continues to violate essential provisions of this contract, despite a written warning with a reasonable grace period of at least 14 days to remedy the breach of contract.
6. Purchase prices and service fees
6.1 Unless otherwise agreed, SC's right to payment for each individual service arises as soon as it has been rendered. SC is entitled to demand down payments on the purchase price or the service fee (both hereinafter referred to as "price") to cover its expenses.
6.2 The price is a gross price including sales tax at the statutory rate.
6.3 All SC services that are not expressly covered by the agreed price or fee will be remunerated separately. All cash expenses accruing to SC are to be reimbursed by the customer.
6.4 Cost estimates from SC are non-binding. If it is foreseeable that the actual costs will exceed those estimated by SC in writing by more than 15%, SC will inform the customer of the higher costs. The cost overrun is deemed to have been approved by the customer if the customer does not object in writing within three working days of this notice and at the same time announce cheaper alternatives. If the costs are exceeded by up to 15%, a separate agreement is not required. Exceeding the cost estimate is deemed to have been approved by the customer from the outset.
7. Payment, retention of title, transfer of risk
7.1 The price is due for payment immediately upon receipt of the invoice and without deduction, unless special payment terms have been agreed in writing in individual cases. This also applies to the recharging of all cash expenses and other expenses. The goods delivered by SC remain the property of SC until full payment has been made, including all ancillary obligations.
7.2 If the customer is in arrears with payment, the statutory interest on arrears shall apply in the amount customary for end consumers or applicable to entrepreneurial transactions. Furthermore, in the event of default in payment, the customer undertakes to reimburse SC for the resulting dunning and collection expenses, insofar as they are necessary for appropriate legal prosecution. In any case, this includes the costs of two reminder letters in the usual market amount per reminder as well as a reminder letter from a lawyer commissioned with the collection. The assertion of further rights and claims remains unaffected.
7.3 If the customer is in default of payment, SC can demand that all services and partial services rendered within the framework of other contracts concluded with the customer become due immediately.
7.4 Furthermore, SC is not obliged to provide further services until the outstanding amount has been paid (right of retention). The obligation to pay the fee remains unaffected.
7.5 If payment in installments has been agreed, SC reserves the right to demand immediate payment of the entire outstanding debt in the event of late payment of partial amounts or ancillary claims (loss of deadline).
7.6 The customer is not entitled to offset his own claims against SC's claims, unless the customer's claim has been recognized in writing by SC or has been determined by a court.
7.7 The risk passes to the customer as soon as the goods have been handed over to him or, in the case of shipping SC, the goods have been handed over to the transport company chosen by them.
8. Warranty
8.1 The customer must report any defects immediately, in any case within eight days after delivery/service by SC, hidden defects within eight days of recognizing them, in writing with a description of the defect; otherwise the goods are deemed to have been accepted or the service to be approved. In this case, the assertion of warranty and damage claims as well as the right to contest errors due to defects is excluded.
8.2 In the event of a justified and timely notification of defects, the customer has the right to have SC improve or replace the delivery/service, which will remedy the defects within a reasonable period of time, whereby the customer enables SC to take all measures necessary to examine and remedy the defect. SC is entitled to refuse to improve the service if this is impossible or involves a disproportionate amount of effort for SC. In this case, the customer is entitled to the statutory conversion or reduction rights. In the case of improvement, it is up to the customer to carry out the transmission of the defective goods at his own expense.
8.3 The warranty period is six months from delivery/service. The right of recourse against SC according to § 933b Abs 1 ABGB idgF expires one year after delivery/service. The customer is not entitled to withhold payments due to complaints. The presumption of § 924 ABGB is excluded.
9. Liability and Product Liability
9.1 In cases of slight negligence, liability on the part of SC and its employees, contractors or other vicarious agents for property damage or financial loss of the customer is excluded, regardless of whether it is direct or indirect damage, loss of profit or consequential damage, damage due to delay, impossibility, positive breach of contract, culpa in contrahendo, defective or incomplete performance. The injured party has to prove the existence of gross negligence. Insofar as SC's liability is excluded or limited, this also applies to the personal liability of its staff, contractors or other vicarious agents.
9.2 Any liability of SC for claims raised against the customer based on the service it has provided is expressly excluded if SC has complied with its obligation to inform or if such was not recognizable to it, whereby slight negligence is not harmful. In particular, SC is not liable for legal costs, the customer's own lawyer's fees or costs for the publication of judgments, as well as for any claims for damages or other claims by third parties; the customer shall indemnify and hold SC harmless in this regard.
9.3 Claims for damages by the customer lapse six months after knowledge of the damage; but in any case after three years from SC's act of infringement. Claims for damages are limited to the amount of the net order value.
10. Privacy
10.1 SC is entitled to collect, process, store and use the data provided by the customer for accounting purposes and for internal market research and marketing purposes. This data is used by SC to comply with legal regulations, to process payment transactions and for advertising purposes. The customer further agrees to the transfer of the data to partner companies of SC, which may use them for the purposes listed above. The customer hereby expressly consents to the sending of advertising material by SC. This consent can be revoked at any time in writing, by fax or by e-mail.
10.2 Anyone who provides an incorrect name, address, telephone number, fax number or e-mail address or does not notify SC of subsequent changes must bear the resulting damage themselves or compensate SC. Deliveries to the last address notified to SC are also deemed to have taken place if the customer is not or no longer present at this address and the new address cannot be determined with reasonable effort.
11. Weapons, trade and foreign trade law
11.1 The purchase of firearms is subject to the Austrian Weapons Act or the Trade Regulations Act in the currently valid version. This also applies to shipments to other EU countries. For exports to a non-EU country, the provisions of the Austrian Foreign Trade Act apply in the currently valid version. According to the trade regulations, the mail order sale of weapons and ammunition to the end customer is not permitted.
11.2 When transporting firearms personally, it should be noted that they must be transported in a closed container, e.g. in a gun sack or case or in a pistol case or case. Lockability is not required. Wrapping it in a blanket or packing paper or carrying it in a nylon bag, for example, is not sufficient and may be punished as unauthorized carrying of a weapon in accordance with Section 7 WaffG 1996 in conjunction with its penal provisions.
12. Applicable civil law
The contract and all mutual rights and obligations derived from it as well as claims between SC and the customer are subject to Austrian law to the exclusion of its reference standards and to the exclusion of the UN Sales Convention (CISG).
13. Place of Performance and Jurisdiction
13.1 The place of fulfillment is the place of business of SC.
13.2 The place of jurisdiction for all legal disputes arising between SC and the customer in connection with the specific contractual relationship is agreed to be the competent court for the seat of the respective SC branch. For consumers within the meaning of the Consumer Protection Act, this agreement only applies if they have neither a domicile nor a habitual abode in Austria and are not employed in Austria and there are no other regulations to the contrary.
14. Withdrawal / right of return — mail order
14.1 You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the first goods.
In order to exercise your right of withdrawal, you must inform us – SaynConsult eU, Reisnerstr. 36, 1030 Vienna, email: info@saynconsult.com , www.saynconsult.com , Tel: +43-699-17776665 — by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the withdrawal form for this, but it is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
14.2 Consequences of revocation - mail order
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is the earlier." You will have the goods immediately and in any case within fourteen at the latest Days n from the day on which you inform us about the cancellation of this contract to ... us back or hand over. The deadline is met if you send back the goods before the period of fourteen days has expired."
15. Misprints
Should we subsequently recognize that an error has occurred, e.g. B. in the information about a product, a price or availability, you will be informed of this immediately. You can then confirm your order again under the changed conditions. Otherwise SaynConsult eU is entitled to withdraw from the contract.
16. Payment Methods
By credit card — please give us your credit card number, its validity period and the name of the credit card company.
By bank transfer — After placing your order, you will receive your invoice from us by e-mail, which will also contain all the information for your transfer.
Cash on delivery — you pay your bill when you pick up the postal package. The postal cash on delivery fee will be passed on to you.
17. Shipping Method
With a few exceptions, we send our deliveries by parcel post. Your order comes with it
usually 2 days after delivery to the deliverer at your home. Deliveries are not insured for transport.
18. Shipping Charges
Your share of shipping costs in Austria is EUR 5.00 / in Europe and the rest of the world EUR 10.00 per order. Exceptions are deliveries by forwarding agent or special transport. Here we coordinate the shipping costs separately with you in each individual case. Please inquire about fees for foreign orders separately or refer to the shipping calculator.
DATA PROTECTION
Status: 01/14/2021
NOTIFICATION STATEMENT
The protection of your personal data is particularly important to us. We therefore process your data exclusively on the basis of the statutory provisions (GDPR, TKG 2003). In this data protection information we inform you about the most important aspects of data processing within the framework of our website.
CONTACT US
If you contact us by e-mail, the data you provide will be stored with us for six months for the purpose of processing the request and in the event of follow-up questions. We do not pass on this data without your consent.
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GOOGLE MAPS
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YOUR RIGHTS
In principle, you have the right to information, correction, deletion, restriction, data transferability, revocation and objection. If you believe that the processing of your data violates data protection law or your data protection rights have otherwise been violated in any way, you can complain to the supervisory authority. In Austria, this is the data protection authority.
YOU CAN REACH US UNDER THE FOLLOWING CONTACT DETAILS:
SaynConsult eU
Reisnerstrasse 36
1030 Vienna