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General Terms and Conditions of KW open promotion consulting & trading gmbh
Scope of Application
The following terms and conditions of delivery and payment apply exclusively to all our deliveries. Any differing terms and conditions in the buyer's orders are only valid if they have been expressly acknowledged by us in writing.
Prices: All our prices are exclusive of VAT, unless otherwise stated.
Technical Data
All information regarding weights, dimensions, capacities, load-bearing capacities, etc., is non-binding. We reserve the right to make changes in form, color, material, and modifications in the interest of technical progress.
Ordering
Written orders are only valid if they are truthfully and completely filled out and legally signed. If an order falls below the minimum order value stated in the offer, we are entitled to charge a small order surcharge. We are not obligated to accept and fulfill any order.
Order Confirmation
For orders with a higher value, an order confirmation will be sent for legally valid signature. For advertising placements, the signature also confirms the accuracy of the text, logo, design, placement, etc. The delivery period only begins after receipt of the signed order confirmation.
Cancellation of an Order
If a customer cancels an order, we are entitled to charge for any costs incurred. This applies to orders placed by headquarters for stocking the warehouse. This clause does not apply to orders placed by departments, provided the goods have not yet been shipped.
Delivery Times
The delivery times we quote, with the exception of fixed delivery dates, are non-binding. We reserve the right to make partial deliveries. All circumstances beyond our control that hinder or disrupt delivery are considered force majeure, e.g., strikes, war, traffic disruptions, fire, shortages of raw materials, operational disruptions at our company or our suppliers, official actions, etc. These release us from the obligation to deliver, to make subsequent deliveries, to meet fixed delivery dates, and from any claims for damages.
Delivery
Delivery is ex works Hohenems/A. The risk passes to the customer upon loading onto the first means of transport. Shipping is handled by postal services, parcel services, or freight forwarders (GLS, DPD, etc.).
Invoicing/Payment
We deliver against invoice. This invoice is payable within 10 days of the invoice date without any deductions. We reserve the right to deliver to new customers against cash on delivery or prepayment.
We generally offer payment by credit card, Google Pay, Apple Pay, and instant bank transfer. We reserve the right not to offer certain payment methods for any given order and to refer you to other payment options. Please note that we only accept payments from accounts within the European Union (EU). Any costs associated with other money transfers are to be borne by the customer.
You agree to receive invoices and credit notes exclusively in electronic form.
If alternative payment methods are specified in the offer, order confirmation, or purchase agreement, these shall apply.
The customer may only offset undisputed or legally established claims.
For B2B orders not processed via a credit card system, we may require prepayment and withhold any goods not yet delivered.
Retention of Title
The delivered goods remain our property until full payment of the total amount due has been received.
Transport Damage
The delivered goods must be inspected immediately upon receipt for any transport damage. If any damage is discovered, the following immediate actions must be taken:
- Postal delivery: Immediately after discovering the damage, have a damage report drawn up at the post office. Any visible damage to the packaging must also be noted on the delivery receipt.
- Parcel service or freight forwarder: Immediately after discovering the damage, have a damage report drawn up by the parcel service. Any visible damage to the packaging must also be noted on the delivery receipt.
Any claims can only be accepted if the above-mentioned immediate actions are followed.
Complaints / Returns
Complaints must be submitted in writing (email, fax, or letter) within 5 (five) days of receiving the goods. Returns of defective or incorrectly delivered goods must be approved and announced in advance by KW open. Used goods cannot be returned.
Exchanges: Exchanges are only possible after prior consultation with KW open (return request). Shipping and packaging costs are borne by the customer.
Complaints must be submitted in writing (email, fax, or letter) within 5 (five) days of receiving the goods. Returns of defective or incorrectly delivered goods must be approved and announced in advance by KW open. Used goods cannot be returned.
Exchanges
Exchanges are only possible after prior consultation with KW open (return request). Shipping and packaging costs are borne by the customer.
Applicable Law / Jurisdiction
This contract is governed by Austrian law. The place of jurisdiction is Feldkirch, Austria.
Important: Terms and Conditions are a necessary part of our business relationship. However, our goal is to provide you with such excellent service that the Terms and Conditions become secondary, and our communication focuses more on the positive aspects of our business relationship. Please contact us if you are ever dissatisfied with our service... We will find a solution!
KW open promotion consulting & trading GmbH, Die Spinnerei 18, 6845 Hohenems