Conditions of Delivery and Disposal
Our terms and conditions regulate the sale of products by HSI-Solutions GmbH and apply to all offers, deliveries and services of our company as well as payments to us, even if not explicitly referred to.
Please read them carefully before placing an order (online) with Kugel Pompel. By placing your order, you agree to the application of these terms.
The valid version of the General Terms and Conditions can be downloaded from our website at www.kugelpompel.at or is available to the customer at any time for personal inspection in our business premises. The German original version is valid. Other versions are for information purposes only. Changes to the GTC can be made by Kugel Pompel at any time. The version valid on the respective order date applies to your order.
If you have any questions, please contact us at firstname.lastname@example.org or by telephone at 0043 1 48 58 058 0.
2. Contract Conclusion
Unless otherwise agreed in writing, all incoming and future orders shall be subject to our terms and conditions. Your order merely represents an offer to us to conclude a sales contract. Our offers are non-binding and subject to confirmation. Subject to prior sale. All agreements only become legally effective with our written confirmation (order confirmation).
Online Orders: When placing an online order you will receive an automatic order confirmation by e-mail. This order confirmation is only for your information that we have received your order. The purchase contract is only concluded with our written confirmation (order confirmation by e-mail created by an employee).
Please note that for technical reasons, surcharges may only be adjusted on this order confirmation and are not yet included in the sum of the automatic order confirmation (details see GTC point 4. Prices and/or shop instructions before an online order)!
By purchasing online, you agree to receive the original invoice electronically only. The e-bill will be sent in PDF format after dispatch of your goods by e-mail to the e-mail address you have provided. A reference to the electronic dispatch of the invoice is made on every order confirmation/proforma invoice.
3. Revocation instruction
Right of withdrawal (valid for online purchases)
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods.
In order to exercise your right of withdrawal, you must inform us (HSI-Solutions GmbH, Paletzgasse 36-38, 1160 Wien, Tel.: 0043 1 48 580 580, Fax: 0043 1 48 580 585, E-Mail: email@example.com) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the sample revocation form, which is not mandatory. (Form under Downloads at www.kugelpompel.at)
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You shall return or deliver the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
4. Prices / surcharges
Our quoted prices are net prices and valid including standard packaging plus the respective legally required sales tax (subject to valid UID number; subject to price changes/setting and printing errors). Prices confirmed by us are to be regarded as fixed (binding). Nevertheless, we reserve the right to adapt them to the new circumstances in the event of drastic economic changes or force majeure. Our prices are ex works, including standard packaging (except special packaging).
We reserve the right to charge the following surcharges: For small orders with a value of less than € 50,00 net (excl. shipping) we charge a processing fee of € 10,00 (net) = KMZ. The minimum item value per article is € 3,00 net. (Should the item value be lower, it will be automatically adjusted on the order confirmation). The surcharge for desired special packaging per unit is + € 0.50 net. For orders arriving Monday to Thursday after 13 h and Friday after 10 h and to be shipped on the same day we charge + € 10,00 net urgency surcharge. These surcharges will be shown at the latest in the total amount of the order confirmation.
5. Terms of payment
In the case of initial orders and orders with a net goods value of less than € 50,00, delivery shall, unless otherwise agreed, always be effected by prepayment (free of charge) or cash on delivery (subject to charges).
Our Onlineshop payment condition is excluding pre-payment - this means, if their ordered commodity is stocked, this as soon as the payment/payment confirmation is received with us, is dispatched. For all other orders, the terms of payment will be specified in the order confirmation after consultation. Payments/transfers must be made in such a way that the amount is already credited to Kugel Pompel's account when due.
In the event of default in payment, which also occurs without a special reminder, the valid lump sum for reminder charges (€ 40.00) according to the German Payment Act (EU Directive 2011/7/EU) shall apply. In addition, the statutory default interest rate is 9.2% above the base rate. In case of suspension of payment or bankruptcy of the buyer, the purchase price claim is due immediately. The withholding of payment or offsetting on the basis of any counterclaims of the buyer is excluded.
6. Terms of delivery
We are entitled to make partial deliveries to a reasonable extent. Excess or short deliveries customary in the industry are permissible. Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. If the customer is not found at the agreed delivery address at the agreed time, the customer shall bear any additional costs incurred for an unsuccessful delivery.
The indicated delivery times are not binding. Should delivery difficulties arise due to force majeure, unforeseeable events or delay in delivery due to unforeseeable disruptions in our own operations or those of our suppliers, the customer shall be informed immediately. However, claims for damages due to delayed delivery are excluded.
Packaging & shipping (transfer of risk)
Packaging, dispatch and means of transport are at our discretion unless otherwise agreed. The packaging is exempt from obligation according to the Packaging Ordinance and will not be taken back. The exact terms of delivery shall be specified in detail in the order confirmation (transfer of risk according to Incoterms of the latest valid version).
Return of goods
Precision goods as well as products manufactured are generally excluded from a return/exchange. Other returns will only be accepted after prior agreement.
Cancellations or partial cancellations of an order are not permitted. Should an agreement on a cancellation be reached after consultation, Kugel Pompel reserves the right to charge cancellation fees as a percentage of the order value, but at least 25 euros net.
7. Notice of defects/complaints/warranty
Notifications of defects must be made in writing immediately but no later than 8 days after receipt of the goods. The contractual partner must submit proof that the defect was already present at the time of delivery. Goods which are the subject of a complaint are to be returned to Kugel Pompel carriage paid for inspection after consultation. In the event of justified complaints, we reserve the right to deliver a replacement free of charge or to agree to dissolution of the contract, but reject any further claims for damages.
We are not liable for properly delivered products which do not sufficiently meet the purpose or the optical requirements of the contractual partner.
8. Retention of title
All delivered goods shall remain our property (reserved goods) until all our claims have been completely satisfied, even if payments are made for specially designated claims. The buyer may only resell, process or install the reserved goods in the ordinary course of business as long as he is not in default. The buyer's claims arising from the resale of the reserved goods, together with all ancillary rights, are already now assigned to us in full, regardless of whether they are sold to one or more buyers. When our goods are installed in machines etc., we automatically acquire co-ownership of the respective machine. The goods may not be pledged or transferred by way of security without our consent prior to final payment.
Certificates are generally subject to a fee. These must be requested when ordering and will only be issued upon express request.
Please note that additional import duties or taxes may apply for deliveries outside the EU. These fees can vary greatly from country to country and must be paid in full by the client. We have no influence on these fees and kindly ask you to obtain information from the local customs authorities in advance.
11. Place of jurisdiction / Place of fulfillment
Place of performance for delivery and payment as well as place of jurisdiction is Vienna. The contract shall remain binding even if individual points of its terms and conditions are ineffective and shall not lead to the invalidity of the entire terms and conditions and shall not release the Buyer from any other obligations.
1160 Wien, Paletzgasse 36-38