GENERAL CONDITIONS OF SALE AND DELIVERY

1. scope

1.1. The following general terms and conditions of sale and delivery apply in the version valid on the day of the order for all purchase contracts for the products offered according to the KV & in the web shop and become part of the contract. For all transactions between TobaccoShop24 GmbH and the customer are exclusively subject to these General Terms and Conditions (GTC), conflicting or deviating purchasing conditions of the customer are only effective, even if known, if they are supported by the TobaccoShop24 GmbH expressly and in writing.

1.2. The terms and conditions apply without restriction to legal transactions between private individuals and companies within the meaning of Section 1 Consumer Protection Act (KSchG). Insofar as the provisions of the KSchG idgF require agreements that deviate from these GTC, for example for distance selling contracts, the statutory provisions apply.

1. offer, orders

2.1. offers of TobaccoShop24 GmbH are subject to change and non-binding. A contract offer (order, order) from a customer – in whatever form – requires the written order confirmation and acceptance by the TobaccoShop24 GmbH.

2.2. The content and scope of the order, in particular with regard to the product model, specification and equipment, functionality and delivery date or other performance data, are only binding if they have been expressly agreed in writing.

2.3. For technical reasons, all product images shown on www.tobaccobutler24.com may deviate from the appearance of the real product.

III. contract language
The content of the contract, all other information, customer service and complaint management are offered in German and English.

1. right of withdrawal

4.1. Customers who are consumers within the meaning of the KSchG can withdraw from the purchase within 14 days of receipt of the goods. It is sufficient if the declaration of withdrawal is sent within this period. In the event of a withdrawal, the purchase price will only be refunded step by step against the return of the goods received from the customer. The condition for this is that the goods are in an unused condition and can be resold as new.

4.2. The costs of the return are at the expense of the customer.

4.3. For items that are affected or damaged by signs of use, the TobaccoShop24 GmbH an appropriate fee for the reduction in value will be charged. The same applies if accessories are missing when the goods are returned.

4.4. The consumer has no right to withdraw from contracts for goods that are made to customer specifications and that are clearly tailored to personal needs.

4.5. Information, data requests or complaints should be addressed to the TobaccoShop24 GmbH.

1. Prices

5.1. Prices are ex works in Vienna, in the specified currency, including the applicable statutory sales tax and other fees for collection by the customer.

5.2. Transport and packaging are by the TobaccoShop24 GmbH calculated in addition to the respective sales price, unless otherwise agreed.

5.3. Should export or import duties become due in the course of shipping, these are also at the expense of the customer.

1. terms of payment

6.1. When the order is placed, 50% the order number is invoiced, further 25% are on the part when the goods are ready for delivery TobaccoShop24 GmbH due and the remaining 25% within 14 days net after commissioning and final acceptance. A delivery date results from the complete project plan.

6.2. All costs/prices are exclusive of VAT, payable upon receipt of the invoice without any deductions. The goods remain the property of the company until they have been paid for in full TobaccoShop24 GmbH.

VII. Provision of Services/Terms of Delivery

7.1. TobaccoShop24 GmbH always endeavors to deliver as quickly as possible. There are no binding delivery dates or deadlines; ie the delivery times are non-binding. Any binding agreed delivery dates must be in writing.

7.2. TobaccoShop24 GmbH makes every effort, taking into account the production, implementation and development possibilities, to carry out deliveries if possible within twelve weeks of the order being placed for standards. Special customizations can take up to 8 months of development and production times.

7.3. Shorter delivery times are possibly from the TobaccoShop24 GmbH, after a thorough feasibility check and agree in writing and authorize the TobaccoShop24 GmbH to charge an express surcharge of 15% on the net invoice amount.

7.4. Insofar as a binding delivery period has been agreed deviating from this, non-compliance with deadlines by the TobaccoShop24 GmbH the customer only to assert the rights to which he is entitled if he, unless otherwise agreed in individual cases, TobaccoShop24 GmbH has granted a reasonable grace period of at least four weeks.

7.5. In particular, there is no delay if there are difficulties in obtaining the goods from third parties or operational disruptions (also with suppliers of the TobaccoShop24 GmbH) enter.

7.6. The day of delivery is the day on which the goods leave the factory or a warehouse; if this day cannot be determined, the day on which the goods are made available to the customer shall apply.

7.7. TobaccoShop24 GmbH reserves the right to choose the shipping route and type of shipping. Additional costs caused by the buyer's special shipping requests shall be borne by the buyer. The same applies to increases in freight rates occurring after the conclusion of the contract, any additional costs for rerouting, storage costs, etc.

7.8. Shipping is freight collect at ƒ and the customer's expense to the address specified by the customer. In the event of incorrect, incomplete or unclear information provided by the customer, he shall bear all the costs incurred as a result. Any transport damage, loss or other damage must be reported immediately by the recipient to the delivery service.

7.9. If a customer refuses to accept the goods, he must bear all the costs of (return) transport and storage.

7.10. Force majeure of any kind, operational or traffic disruptions, fire damage, floods, shortages of labour, energy, raw materials and auxiliary materials, strikes, lockouts, disruptions in shipping, official orders or other obstacles that impede the manufacture, shipping, acceptance or Preventing, delaying, reducing consumption or making it unreasonable releases us from the obligation to deliver or accept for the duration and extent of the disruption. If the delivery and/or acceptance is exceeded by more than eight weeks as a result of the disruption, both parties are entitled to withdraw from the contract. In the event of partial or complete omission of the sources of supply TobaccoShop24 GmbH is not obliged to stock up on supplies from external sub-suppliers.

VIII. Right to use the software unrestricted in terms of time and place

8.1. The contractor grants the client

Upon payment of the agreed fee, a non-exclusive, non-transferable, non-sublicensable and perpetual right

or for an agreed recurring fee, a non-exclusive, non-transferable, non-sublicensable and time-limited right

to use the software for the hardware specified in the contract and to the extent of the purchased licenses for simultaneous use on several workstations, to use all work results created on the basis of the contractor's contract for their own internal use.

8.2. All other rights (such as copyrights) to the agreed services (programs, documentation, etc.) remain with the contractor or his licensors.

The present contract only acquires a license to use the work. Distribution by the client is excluded under copyright law. No rights to the use specified in the present contract are acquired through the cooperation of the customer in the production of the software. Any infringement of the contractor's copyrights will result in claims for damages, in which case full satisfaction must be paid.

8.3. The customer is permitted to make copies for archiving and data backup purposes provided that the software does not contain an express prohibition from the licensor or third parties and that all copyright and property notices are transferred to these copies unchanged. If the disclosure of the interfaces is necessary for the creation of interoperability of the software in question, this is to be commissioned by the client from the contractor against payment of costs. If the contractor does not comply with this requirement and decompilation takes place in accordance with copyright law, the results are to be used exclusively to establish interoperability. Misuse will result in damages. Without the express consent of the contractor, his services and works may not be changed, either in the original or in the reproduction. The services, works and works of the contractor may only be used for the agreed type of use and the agreed purpose to the agreed extent.

8.4. In the absence of an express agreement to the contrary, the purpose of the contract shall only be the purpose made recognizable by the customer when the order was placed. Unless otherwise expressly agreed, only a simple right of use is transferred in each case. Under no circumstances is the contractor obliged to hand over source code or open layout files, unless this is expressly agreed. All rights of use to ideas presented but not selected for implementation remain with the contractor. The transfer of granted rights of use to third parties as well as multiple uses (e.g. for another product, another campaign, another website, another platform or by another company) require our express consent and are subject to payment.

1. acquisition of a device

9.1. After installation, commissioning and training, a DA employee will draw up an acceptance protocol with you. You confirm the correct installation, the functioning of the device and the training that has taken place. You have the option of noting any defects in the acceptance protocol. The classification is based on standardized defect categories, which are set out as follows: 

1. Serious defect (machine cannot be used [out of order] or safety-related defect [danger to persons]. Takeover can be refused.
2. Slight defect (Slight technical defects that do not limit the function of the device or only to a small extent [max. 25%]. Does not prevent takeover.
3. Optical defect (not a technical limitation, but unclean execution or other purely optical imperfections). Not preventive.

9.2. All deficiencies will be immediately improved by us. Of course, all statutory and contractual warranty periods apply. Commercial use of the device (regardless of whether payment is used or not) automatically corresponds to full takeover at the start of commercial use. The acceptance protocol is relevant to the final invoice and marks the start of the agreed warranty.

9.3. A fully functional device may only be put into operation if a safety housing with a safety switch is installed, put into operation and also by the company TobaccoShop24 GmbH was removed and released.

If the device is nevertheless put into operation at the risk of the customer, the company takes over TobaccoShop24 GmbH no liability for damage to the device, injury to persons involved or consequential damage of any kind.

1. Warranty, inspection and notification of defects

10.1. The customer's warranty claims are met TobaccoShop24 GmbH at your own choice either by improving, adding what is missing or replacing it within 12 months of installation. The customer is only entitled to a price reduction or conversion (cancellation of contract) if there is no improvement, no addition of what is missing or replacement within a reasonable period of time. If the defect is only minor, conversion is excluded. Fluctuations in the quality of the goods and workmanship within the standards are considered agreed and do not entitle the customer to assert warranty claims or other claims or rights of any kind.

10.2. TobaccoShop24 GmbH assumes no liability for the suitability of the delivered goods for the purpose intended by the customer. The same applies to purely visual deviations that do not impair the proper use of the goods. If material defects are concerned, warranty claims must be asserted in court within six months of delivery of the goods. The period begins on the day the goods are delivered.

10.3. The customer must inspect the goods immediately after delivery or performance, but no later than within seven days from the time of the transfer of risk. Deficiencies identified TobaccoShop24 GmbH immediately in writing, stating the nature and extent of the defect, as well as stating the exact description of the goods, the date of delivery and submission of the corresponding invoice.

1. transfer of risk

The risk is transferred to the customer as soon as the shipment has been handed over to the person/company carrying out the transport or to the warehouse for the purpose of shipment TobaccoShop24 GmbH has left.

XII. compensation
12.1. All claims for damages against TobaccoShop24 GmbH are excluded in cases of slight negligence. The period for asserting the warranty is agreed to be one year from the delivery of the goods.

12.2. The customer expressly acknowledges that TobaccoShop24 GmbH in the event that the legal requirements for a claim from the title of warranty / compensation for damages are present, is initially entitled to improvement in the form of exchange, replacement of what is missing and repair. The customer can only assert a price reduction claim after the unsuccessful expiry of a reasonable improvement period to be determined in the individual case.
12.3. In addition, the obligation to compensate TobaccoShop24 GmbH limited in amount to 50 % of the purchase price. TobaccoShop24 GmbH shall not be liable for consequential damages, indirect damages, losses or lost profits.

12.4. Compensation for damages beyond this is excluded in any case. No liability for warranty or compensation is assumed for used devices. If the buyer does not accept the goods in question, TobaccoShop24 GmbH entitled to either insist on acceptance or to demand 30 % of the purchase price as a lump-sum compensation for damages and expenses, whereby the right to assert higher claims for damages remains reserved.

12.5. Any claim for damages against TobaccoShop24 GmbH can only be asserted in court within six months after the person or persons entitled to claim became or could have become aware of the damage, but at the latest within two years after the event giving rise to the claim.

XIII. retention of title

All goods and services are provided by TobaccoShop24 GmbH delivered subject to retention of title and remain the property until full payment has been made, including any ancillary fees TobaccoShop24 GmbH.

XIV. Offsetting

A set-off with any claims against the customer TobaccoShop24 GmbH are entitled to is excluded, unless the claim on the part of TobaccoShop24 GmbH expressly recognized or legally established.

1. Data protection, change of address and copyright

15.1. The customer agrees that the personal data contained in the order or in the purchase contract may be processed by TobaccoShop24 GmbH Automation supports saving and processing.

15.2. TobaccoShop24 GmbH respects the privacy of the customer and strictly complies with all applicable data protection regulations. Personal data will only be used within the framework of legal regulations. The staff TobaccoShop24 GmbH are subject to the confidentiality obligations of the Data Protection Act.
TobaccoShop24 GmbH will not pass on the customer data to third parties without the express consent of the customer. This does not apply if there is a legal obligation to release data.

15.3. The customer is obliged TobaccoShop24 GmbH to announce changes to the delivery address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, deliveries are also deemed to have been received if they are sent to the last known address of the customer.

XVI Consent to e-mail advertising, reference list
The customer declares his consent, to the reasonable extent of TobaccoShop24 GmbH Receive advertising and information by email and in one of TobaccoShop24 GmbH reference list, which can be published on the homepage, is named. The contractual partner can revoke this agreement at any time in writing, by fax or e-mail

XVIII. partial nullity
Should individual provisions of these GTC be or become void, ineffective or contestable, the remaining provisions shall remain unaffected and must then be interpreted and/or supplemented in such a way that the intended economic purpose is achieved as precisely as possible in a legally permissible manner. This also applies in the event of any gaps in the contract.

XVIII. Choice of law, place of jurisdiction

18.1. For these terms and conditions and the entire legal relationship between TobaccoShop24 GmbH and the customer is subject to Austrian substantive law.

18.2. The applicability of the UN sales law as well as national and international conflict of law rules is expressly excluded.

18.3. For all disputes between TobaccoShop24 GmbH and the customer, including the question of the valid conclusion and the preliminary and subsequent effects of the concluded purchase contracts, the competent court at the registered office shall apply exclusively TobaccoShop24 GmbH as agreed.

18.4. If it is agreed that TobaccoShop24 GmbH Customs and import duties of the country of destination of the goods, any increases in such duties that come into force between delivery and order confirmation and delivery of the goods shall be borne by the customer. All other fees, taxes and costs associated with the purchase contract are also borne by the customer.

18.5. changes to these GTC TobaccoShop24 GmbH are deemed to have been approved and are also effective for existing contracts if the customer does not object to them within 14 days of the announcement of the amended GTC. The amended General Terms and Conditions can be announced in writing or electronically.