Valid as of 01.06.2006

The following conditions form an integral part of the purchase contract. They are recognized by the order placed by the buyer. Divergent conditions of the client are also not binding for us and shall not be considered existing if we do not expressly object to them.

Offer
All offers based on this e-shop are non-binding and without obligation to accept an order. Remote offers require confirmation. In case of doubt, the written confirmation is valid. In any case, a contract with us shall only be deemed concluded once we have expressly accepted a written, telephone or verbal order. However, this does not affect a commitment to the offer until acceptance or acceptance of the offer.

We reserve the right to make technical changes that serve the further development of our articles.

 

Order untis
We are entitled to change deviating order quantities to the next higher packaging unit without further inquiry.

 

Prices, packaging
The prices are exclusive per product and include VAT. Errors and misprints reserved.

With the appearance of this price list, all previous price lists become invalid!

All prices quoted by us are, unless otherwise agreed in writing, in euros from our stock Stockerau warehouse, including packaging, but excluding any other means provided, transport insurance and all associated expenses. Force majeure and official order etc. release us from the obligation to observe the confirmed prices.

Changes in value resulting from changes in foreign exchange rates shall be charged to the buyer, in the form that the increase is due for the outstanding amount.

Terms of payment
You have 3 possibilities to pay the ordered goods:

1. 1. Payment by credit card or direct debit: The debit of the invoice amount takes place when ordering and is processed via PayPal (http://www.paypal.at/)
   2. Payment in advance: After receiving the order confirmation you will receive an invoice. Please transfer the invoice amount to the following account. Immediately after receipt of payment your order will be processed by us and the ordered goods will be shipped. The bank account is:
      Berger GmbH
      account number: 313 8849 0000
      bank code: 44820
      Volksbank Donau-Weinland, Stockerau
   3. Cash on delivery: Delivery by cash on delivery you pay the invoice amount in cash. For cash on delivery there is a COD charge of € 7.50 excluding VAT (€ 9.00 incl. VAT). Cash on delivery is only possible with standard goods. Special orders can only be paid in advance or by credit card .

The buyer further agrees that incoming payments are for the time being used without prejudice to any intended use, primarily to cover generally immediately due ancillary costs (default and bill discount interest, dunning, collection and other expenses, etc.). Remaining balances are credited to the oldest receivables for deliveries and services in accordance with § 1416 AGBG. In addition, the seller is free to make another credit.

In the case of the initiation of a legal proceeding because of late payment, assertion of the purchase price, compensation or bankruptcy of the buyer, etc. for all individual demands deadline loss occurs and also agreed upon discounts, other discounts or remunerations become invalid. In this case, the seller is also entitled to the offsetting of credits against any counterclaims.

Furthermore, the seller is entitled to immediately suspend current and pending deliveries from the uncertainty defense pursuant to § 1052 ABGB from transactions already concluded or to be concluded in the event of default in payment, without the buyer being able to derive any legal consequences therefrom.

 

Notice of defect
The buyer agrees to check the goods upon receipt for their completeness, accuracy and condition. A notice of defects is only valid if it is reported to the seller by means of a letter registered by the buyer within 8 days after receipt of the goods.

Eye-catching defects are to be announced in detail immediately upon acceptance, in writing and according to type and scope. In the event of a defect, the seller shall be entitled to exchange defective goods within a reasonable period, whereby a right to cancellation of the contract or price reduction expires.

In any case, however, any warranty claim expires, provided that the object of purchase has already been processed by the buyer or in whatever form has been changed.

 

Withdrawal, exchange and redemption
You have a right of withdrawal within 7 working days, whereby the Saturday is not considered a working day, from the day the goods are received by you. To meet the deadline, the timely dispatch of the revocation or return of the goods to Berger GmbH is sufficient. If the delivery has already been made, the customer has to bear the costs of the return. Unpaid deliveries will not be accepted.

The right of withdrawal does not apply to the delivery of goods that have been made to customer specifications or clearly tailored to personal needs or that are not suitable for a return due to their nature.

Returns will be accepted only upon prior written agreement, otherwise acceptance will be denied.

Custom-made products are excluded from exchange and redemption as a matter of principle and are to be checked on receipt, before any further processing or reselling to measurement accuracy, as any counterclaims will not be accepted by us.

As far as the nets in custom-made have square mesh, it is technically not possible to supply all network sizes without approach seam.

All nets are made in the widest possible width in diagonal mesh position and then converted into the square mesh position. The resulting approach seams are technically unavoidable and do not represent a reduction in quality.

All dimensions are approximate! Since nets are textile materials, they can not be made to the exact milimeter and the international standard tolerances must be observed.

 

Retention of title
All goods delivered by us remain our property until full payment of the purchase price plus all our claims from the delivery (invoice amount plus any interest, expenses and costs). Until the full payment of these amounts, the buyer is not entitled to pledge the goods to third parties, to surrender, to sell or to surrender for security.

 

Exemption declaration In any case, the liability of the seller for the fault of his vicarious agents is excluded, unless there is intentional or grossly negligent behavior.

 

Contractual penalty
If the buyer withdraws from an order, or if he is otherwise canceled by him, the seller shall be entitled to the reimbursement of all costs and expenses already incurred and, in addition, shall be liable to a flat-rate penalty of 15% of the order value, which is not subject to the judicial moderation Compensation agreed, the buyer has to pay immediately in such a case to us.

If the customer does not accept the goods provided as agreed, we can either demand performance or rescind the contract after setting a deadline for acceptance, in which case all costs and expenses already incurred and, moreover, a lump-sum compensation not subject to the judicial moderation law in the amount of 15% of the contract price.

 

AOB
We are entitled to correct any written and miscalculated errors in our offers, order confirmations or invoices at any time.

These terms and conditions apply even if not explicitly stated. They are considered as acknowledged by the order.

Amendments to these conditions should be made in writing. Oral or telephone agreements are only valid after approval and written confirmation of our management.

 

Place of performance
Place of performance for deliveries and payments is Stockerau. The court of jurisdiction is the district court Stockerau as agreed by the order and order acceptance for both parties.

 

Data protection
We store and process your orders and data, as far as necessary for the business and according to the data protection. In this context we use your data only for own advertising purposes. We do not forward your data to third parties unless they are required for order processing by our service partners.

We process the credit card clearing via Paypal (http://www.paypal.at/).

You have the right to free information, correction, blocking and possibly deletion of your stored data at any time. Please contact us by e-mail at sales.de@huck.net or send us your request by mail or fax.

 

International orders
Online orders from abroad are currently not possible. Foreign orders are considered requests that are responded to with an offer. In countries with fixed contractual partners, your order will be forwarded to the appropriate contract partner, who will then send you an offer for his prices and conditions.

Berger Gesellschaft mbH.
Industriestraße 9
A-2000 Stockerau

Telephone: +43 (0)2266/62126-0
Fax: +43 (0)2266/62126-27

Web: Berger Sportmatten – playground equipment

E-Mail: info@sportmatten.com

company register: 63564b
company register court:  Landesgericht Korneuburg

 

Authority according to ECG:
district authority Korneuburg
UID: ATU18317006
DVR 0718319

head office: Stockerau

Corporate purpose:
Production and distribution of sports mats, foam play equipment, protective articles, sports and protective nets, play equipment for playgrounds

Managing director:
Johann Berger
Johann A. Berger jun.

Webmaster:
Johann A. Berger jun.jbj@bergergmbh.at

Further information
Member of the Chamber of Commerce Lower Austria