General Terms and Conditions of Hans Reh GmbH. ("PYSCIS")
1. Scope of application
a) All deliveries of goods by PYSCIS made on the basis of distance selling orders shall be governed by these general terms and conditions in the version which is valid at the time of the respective order. With the placement of the order the customer accepts these general terms and conditions as well as the terms of delivery and payment which apply as an integral part of these general terms and conditions and which can be found on the homepage www.pyscis.com on a daily basis.
b) Amendments or additional agreements shall not be valid unless confirmed in writing by persons authorized to represent PYSCIS whose names have been entered in the commercial register and shall apply solely to the individual business transaction. Any other employees of PYSCIS shall not be authorized to make amendments or additional agreements in addition to these general terms and conditions.
c) Contractual terms as well as general terms and conditions of the customer are expressly rejected in their entirety.
d) Should individual provisions of these general terms and conditions be invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The parties shall agree to replace the invalid provision with a valid provision that comes closest to fulfilling the sense and purpose originally intended.
2. Conclusion of a contract
a) PYSCIS’s offers in their entirety are subject to change without notice. The orders of the customer are in the legal sense the offer to which the customer is bound for 10 days. The contract shall be concluded either upon PYSCIS’s confirmation of the order (by email or telephone) or upon delivery or performance. A separate notification of the customer about the acceptance is not required.
b) PYSCIS reserves the right to accept orders only in part.
c) Online orders are possible only if all compulsory fields (fields marked with an asterisk) are filled in. Prior to sending the order the customer receives a summary of the contents of the order including prices, which he can then correct or confirm. We will automatically confirm the receipt of the order at PYSCIS by means of an e-mail, which, however, does not yet constitute an acceptance of the order. Messages are received at PYSCIS only during the normal business hours (Monday to Friday from 9 a.m. until 4 p.m. with the exception of Austrian public holidays). Messages which are received on the server of PYSCIS outside the normal business hours are considered received only on the following working day.
d) The customer is aware that the Internet is not a secure communication medium and that data transmitted via the Internet can on the one hand become known and on the other hand be altered by third parties. The risk that data does not arrive at PYSCIS in the form transmitted by the customer is borne by the customer. PYSCIS assumes that the data, as received by PYSCIS, was sent by the customer in this form.
e) Invoices shall be sent by PYSCIS to the customer by email in form of a PDF-file adressed to the email-address provided by the customer when ordering. A copy of the invoice can be sent to the customer together with the ordered goods to the stipulated delivery address.
Depending on the type of customer (reseller or consumer) or in the event of an international business transaction, the prices are to be understood according to the current price lists and inclusive of the statutory Austrian sales tax, excluding delivery charges and all other ancillary services, unless other delivery conditions are specified in the respective valid price list. The respective valid export and import duties apply additionally to deliveries outside Austria.
For deliveries within the EU to business customers who have provided a valid VAT registration number prior to ordering the prices net of Austrian VAT can be invoiced.
4. Delivery and delivery time
a) The dispatch of the goods by PYSCIS to the delivery address provided by the customer at the time of ordering is carried out at the expense of the customer. With the handover of the goods at the customer’s or at a third party appointed by the customer, the risk of loss or damage / deterioration of the goods transfers to the customer (this only applies for consumers). The dispatch of the goods by post or private delivery services is regarded as approved. If the customer enters into a delivery contract on his own, then the danger of loss or deterioration of goods transfers to the customer already with the handing over of the goods to the dispatch service.
b) Delivery dates stated by PYSCIS are non-binding. If delivery dates are not met, this shall only entitle the customer to make use of his right of withdrawal / revocation if PYSCIS, even after a minimum of two weeks grace period has been set in writing, still does not carry out the delivery.
c) The delivery period is extended for the duration of hindrances that are due to circumstances beyond the control of the parties, such as force majeure, unforeseeable operational breakdowns, official interventions, transport and customs clearance delays, transport damages, breakdown of important production components and industrial disputes.
d) To the extent that partial deliveries are possible, they are also legally permissible. Each partial delivery is regarded as a separate business transaction and can be invoiced separately by PYSCIS.
a) Arising defects are to be reported by consumers immediately – whereby no disadvantageous consequences will arise in case of an omission to do so - however, at the latest within one week after delivery of the goods, respectively after the detection of the defects in writing, by e-mail to email@example.com.
If the product has been damaged during the shipping, the deliverer (post, DPD etc.) must immediately, at the latest within four days after receipt of the shipment, be instructed to assess the damages; otherwise PYSCIS shall reject any claim settlement. Generally, the customer shall make any damage notifications. Depending on the varying national provisions at the delivery locations, either the customer himself or also PYSCIS shall make damage notifications within the EU.
b) If the customer is a business within the meaning of the UGB (Austrian Commercial Code) he is obliged to inspect the delivered goods or rendered services immediately upon receipt for completeness, correctness and other faultlessness and send a written complaint about any possible defects including subsequent damages from defects immediately, at the latest, however, eight working days after the receipt of goods or rendered services and prior to a resale or use in writing, by e-mail to firstname.lastname@example.org; failure to do so will result in forfeiture of all claims he is entitled to (in the course of a proper examination for identifiable defects).
c) Warranty claims arising from defects expire within the statutory warranty period of 2 years from the delivery or performance. In case of defects of title this period commences with the detectability of the defect.
d) If the goods are defective, the customer may choose between correction and replacement. Only if these two services are impossible or impracticable the customer can claim - in accordance with the legal regulations - commensurate reduction in price or rescission. The customer is obliged to give PYSCIS the opportunity to rectify a defect. If PYSCIS corrects a defect, this is done without cost and expense to the customer; however, PYSCIS can require the customer to return the goods - as far as this is practicable - at PYSCIS’s risk and cost.
e) Warranted characteristics of the goods are only those characteristics which PYSCIS explicitly guaranteed in writing. PYSCIS reserves the right to change its products, which does not represent a defect.
6. Rights of withdrawal / revocation for consumers
a) The customer, who is a consumer within the meaning of the Austrian KSchG, can withdraw in writing from a distance sales contract, or from a contractual declaration made in connection with distance sales, up until the expiry of the deadlines stated hereinafter without cause in writing. It shall suffice to send the declaration of withdrawal / revocation within the withdrawal period. The time period is 14 working days.
The deadline for withdrawal / revocation commences with the day, on which the consumer or a third party appointed by the consumer (other than the deliverer) acquires possession of the goods;
in case the consumer ordered multiple goods in one order and the goods were delivered separately, the day on which the last good was delivered;
in the case of delivery of a good in multiple partial deliveries, the day on which the consumer gains possession of the last partial delivery;
in the case of service contracts, the deadline commences with the day of the conclusion of the contract;
b) According to § 18 FAGG the customer has no right of withdrawal/revocation (besides further exemptions) for
goods made to the consumer’s specifications or were clearly personalized;
goods that are liable to deteriorate or expire rapidly
sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery
goods which are, after delivery, according to their nature, inseparably mixed with other items.
c) If the right to withdraw/revocation from the contract is exercised according to Section 6 par. a, PYSCIS must reimburse the customer for his payments made as well as for all delivery costs (with the exception of additional costs arising from the customer’s individual selection of a delivery method other than the regular cost efficient, standard delivery method selected by PYSCIS) immediately and at the latest within fourteen days from the day, on which the communication on withdrawal/revocation of the contract was received. For refunding of payments made by the customer, PYSCIS will use the same monetary transaction that was used by the customer in his original transaction, unless otherwise agreed upon with the customer; in any way there will be no fees charged for such refunding purposes. PYSCIS may, however, withhold refunding payment, until the goods are returned or the customer has provided the evidence, that he has returned the goods, depending on which happens earlier in time.
The return of the goods by mail or in person to PYSCIS (Hans Reh GmbH., Burggasse 20, 1070 Vienna, Austria) has to be carried out by the customer immediately, however at the latest within 14 days from the day, on which he has notified PYSCIS about his withdrawal/revocation. This deadline shall be deemed met, when the customer mails the goods prior to the expiration of the deadline. The customer bears the indirect cost involved with the return of the goods. He must only then bear the cost for a depreciation of the goods, if such depreciation was caused by an unnecessary way of handling the goods during inspection for consistency, qualities and functionality.
d) If the customer withdraws from the contract, the goods need to be returned to PYSCIS. The costs of return shall be borne by the customer. In the event of signs of wear, damaged packaging, missing of parts of the delivered goods as well as costs of return, which have not been paid, PYSCIS will impose an appropriate fee for the usage including a compensation for the related general reduction in value of the service rendered within the meaning of Section 6. c).
a) Returns shall only be accepted if they have been expressly agreed in advance with PYSCIS unless the customer exercises his withdrawal / revocation right according to Section 6 of these terms and conditions. For this purpose a complaint must be made in writing according to Section 5. a) or b) of the general terms and conditions, by e-mail to email@example.com. The risk of accidental loss and damage to goods during transport shall pass to the customer upon dispatch of the goods, unless the customer exercises his withdrawal / revocation right according to Section 6 of these terms and conditions. The costs of the return transport of the goods are borne by PYSCIS only in the case of a warranty according to Section 5. of these general terms and conditions but not in the case of a withdrawal/revocation of the customer according to Section 6. of these general terms and conditions.
b) For entrepreneurs the following shall apply in addition to Section 8. a): that a deduction of 10% off the price of the goods is regarded as agreed for handling and processing of returns.
8. Compensation for damages
a) PYSCIS is not liable for property damages and financial damages for whatever legal reason, especially due to delay, impossibility of performance, positive violation of a contractual duty, culpa in contrahendo, consequential damages, defects or tortious acts, that have been caused by PYSCIS or persons for whom PYSCIS is responsible, due to minor negligence. In case of contracts with consumers, personal injuries and damages caused to goods that were accepted for the purpose of processing are excluded from this liability exclusion. Customers who are entrepreneurs within the meaning of the Austrian Commercial Code are obliged to prove gross negligence or willful intent.
b) PYSCIS shall not be liable for damages in excess of twice the order amount.
9. Terms of payment
a) Payment date:
Invoices are due immediately and are payable without deductions. For resellers the payment within 8 days from the receipt of invoice without any deduction is deemed made on time. The payment shall be deemed made once the payment was received at PYSCIS; this shall not apply for consumers making payments by wire transfer. The verifiable instructions for the wire transfer shall be deemed on time for consumers. The current terms of delivery and payment can be found on the homepage www.pyscis.com on a daily basis.
b) Payment by credit card:
The following credit cards are accepted for the settlement of the invoices: VISA, Mastercard, Diners, AMEX, UnionPay, JCB, Discover, CartesBancaires, Maestro. The stated credit card will be debited immediately after the sending of the order. The data of the credit card are not stored in any way.
c) Additional methods of payment:
Additionally, payments can be made by Klarna SOFORT or by invoice and bank remittance (only for business customers with a valid EU VAT registration number and after prior agreement by PYSCIS).
d) Late Payment:
In case of late payment or delay of other services on the part of the customer, PYSCIS is entitled - irrespective of other rights - to withhold all deliveries pending under the current delivery period until the agreed counter performance is rendered or to withdraw from the contract after expiry of a reasonable period of grace and/or to demand compensation for non-fulfilment. In this case, the customer is obliged to immediately return the supplied goods to PYSCIS at the customer’s cost. PYSCIS reserves the right to assert compensation claims for depreciation, wear and tear, reimbursement of its own transport costs and other costs, while PYSCIS is entitled upon rescission of contract to claim or retain 20 % of the price of the goods as minimum contractual penalty.
In the event that the customer is in default of acceptance, PYSCIS is entitled to invoice any costs arising from this.
e) Default interest / collection fees:
In the event of delayed payment PYSCIS will charge consumers default interest of 4 % p.a. on the due invoice amount as of the day on which the invoice was due. In the case of entrepreneurs, default interest of 9 % p.a. above the applicable base interest rate of the European Central Bank will be charged.
Collection fees and default interest at the statutory rate will be charged starting with the first reminder. Should a second reminder become necessary, all future deliveries will be carried out only against advance payment or cash on delivery. After an unsuccessful second reminder the claim will be assigned to a debt collection agency or a lawyer.
In case of breach of his contractual obligations the customer undertakes to reimburse PYSCIS for the necessary costs for the appropriate pursuance of the claims. The customer has to reimburse € 5.00 for each reminder and a further € 25.00 for maintaining evidence of the contractual obligations in the debt collection process. In addition, the costs of the debt collection agency are to be reimbursed up to the maximum collection fee specified in the respective ordinance for fee ceilings and the cost of lawyers in accordance with the Asutrian Lawyers’ Fees Act.
PYSCIS will request the statutory flat rate fee in the amount of € 40,00 from business customers for the compensation of any potential claim assessment; PYSCIS reserves the right to make any additional claims based on the individual case.
A prohibition of offsetting generally applies. The customer may offset any claims only in the case of payment default on the part of PYSCIS, or against connected, undisputed or legally established claims. Entrepreneurs within the meaning of the Austrian Commercial Code may assert rights of retention only with regard to claims based on connected, undisputed or legally established claims.
g) Unauthorized deduction:
In the event of the customer’s unauthorized deduction of discounts, shipping costs or other amounts, the outstanding amount will be collected by PYSCIS at the expense of the customer.
The terms of delivery and payment and prices displayed at the time of ordering in the online shop are applicable for consumers.
The terms of delivery and payment and prices applicable for resellers can be found in the "price list for resellers" which will be sent to resellers by email upon request.
10. Reservation of property title
Up to the full payment of the purchase price including all additional charges the supplied objects and goods remain the sole and unrestricted property of PYSCIS. Until then they are merely goods the customer has been entrusted with and are not to be sold, pledged, given away or loaned. The customer is not entitled to dispose of these objects or goods without having obtained the prior express approval of PYSCIS and in all respects bears the full risk for the goods entrusted to him, especially with regard to the risk of their destruction, loss and deterioration. PYSCIS is entitled to demand the return of the goods which are in his property and/or to pick them up. In this case the customer waives his right to assert a right of retention.
b) As an amendment to point 11. a) the following applies for resellers:
The reseller is entitled to resell the reserved goods of PYSCIS within the meaning of 11.a) in the course of regular business operations. The reseller hereby assigns all claims against third parties resulting therefrom to PYSCIS in advance, specifically to the amount of the respective invoice value including value added tax. Notwithstanding this assignment, the reseller shall remain entitled to collect the claim.
a) The resale conditions are valid only under the condition that any products delivered by PYSCIS will be resold from the reseller to final customers.
b) The minimum net purchasing quantity shall be € 300 net of taxes per consignment, and at least € 1,000 per year. Delivery can only be made in sales units as they apply to resellers, based on the price list for resellers which can be found on the online dealer portal on a daily basis.
c) The resale prices according to the applicable price list will only be granted upon presentation of a trade licence for food retailing or in case of international resellers another equivalent proof.
d) The EU VAT identification number has to be disclosed already during the placing of order. VAT identification numbers which are received after the issuance of the invoice can no longer be taken into consideration.
e) PYSCIS grants its resellers the right to use the registered trademark PYSCIS and any other trademarks owned by PYSCIS only for the advertising of the ordered, original goods. This permission to use can be withdrawn at any time and ends in any case with the termination of the business relationship. Furthermore, the customer is not entitled to file or have filed the trademark PYSCIS or any other PYSCIS trademarks, or to change them in any way or form, for example by using them with annexes.
f) With the placement of an order, the reseller acknowledges that all rights remain with PYSCIS and that any use exceeding the above stated extend requires PYSCIS’s explicit written consent. All picture data, text and graphics provided by PYSCIS to the customer are subject to PYSCIS’s copyright and rights to use. Any changes to the provided documents, their sale or the granting of rights to third parties is not permitted and is subject to compensation claims by PYSCIS.
g) In particular, the delivery of ordered goods shall not transfer the right to the reseller to – in any way or form – give the impression that a particular commercial connection exists with PYSCIS, respectively to give the impression that his shop is a sales shop operated or certified by PYSCIS.
h) Provision of data according to LMIV (EU regulation 1169/2011): PYSCIS undertakes to provide the current information data on the online-reseller’s portal. It is the individual reseller’s duty to gather the information from this information point.
12. Copyright, industrial property rights, secrecy
a) The use of texts, images, photos, layouts and other representations of the homepage www.pyscis.com as well as parts thereof requires the prior written express approval of PYSCIS. In particular, documents such as leaflets, catalogues, samples, presentations and the like remain the intellectual property of PYSCIS. Any use, in particular the disclosure, reproduction, publication and making available including only partial copying, requires the express and prior written approval of PYSCIS.
b) All rights are reserved by PYSCIS.
c) The parties contracting with PYSCIS undertake to keep absolutely confidential vis-à-vis third parties any knowledge obtained in the course of their business relationship.
13. Data protection
Reference is made to PYSCIS’s separate data protection declaration, which is available for download at www.pyscis.com and will, upon request, be provided to the customer at any time.
a) Deliveries and declarations of intent shall be made to the address provided by the customer on the order form with legal effect. The customer undertakes to provide complete and accurate information requested in the appropriate form during the conclusion of contract. In the event that the customer provides incorrect, incomplete and ambiguous information, the customer is liable for all costs and damages arising for PYSCIS therefrom. The customer is obligated to notify PYSCIS immediately and in writing, of changes of name, address or domicile, otherwise compensation for damages will be claimed. In case of omission, each written notification sent to the last address supplied by the customer shall be sufficient for the requirements of an effective notification.
b) The transfer of rights from the contract concluded with PYSCIS to third parties requires the written approval of PYSCIS.
15. Applicable law, place of performance, jurisdiction
a) Austrian law applies exclusively to the legal relationships between PYSCIS and its customers under exclusion of its reference provisions and the UN sales law.
b) The place of payment and performance for all obligations arising from this contract is Vienna.
c) The competent court in Vienna is considered to be agreed as the exclusive place of jurisdiction for all disputes arising indirectly or directly from this contractual relationship with PYSCIS.