Imprint
MacaMex hammocks C.Schram
Father Abel Street 04/01/14
3400 Klosterneuburg
Austria
+43 680 1406744
Information required under § 5 (1) ECG
Accessing, copying, saving, editing and adapting the websites, their content or the presentation tools generated or displayed results, in whole or in part, is for private, non-commercial use. Copyright information and brand names may be changed or eliminated.
All beyond this requires the prior written permission of the owner of this site. The retrieval of the information held may only occur in a manner which does not affect the use of the site for other visitors.
The establishment of a hyper-or inline links from other websites on the part of this website without prior written consent is expressly prohibited. In particular, it is illegal websites or their content via a hyperlink in a partial window (frame) include or present.
We are assured that your personal data will be handled with great care and not to others.
We dissociate ourselves from all contents of any externally linked pages on our website and we do not adopt these contents. This statement applies to all external links on this page.
Terms and Conditions
MacaMex hammocks Inh C.Schram
Stand: 01.01.2004
§ 1 General
§ 1.1 All deliveries and services of MacaMex, solely on the basis of the following terms and conditions (GTC), which explains the customer when placing the order agreement.
§ 1.2 of these conditions, alternative arrangements, such as in particular the terms and conditions of the buyer, are not accepted and are therefore no agreement. Amendments and supplements to be effective our written authorization.
§ 1.3 The terms also apply to all other businesses within our business relationship with the buyer. A modified version of the Conditions shall apply from the date it is received by the buyer or otherwise come to my attention.
§ 2 Contract
§ 2.1 of MacaMex offers are subject to change and subject to the self-delivery, if delivered by third parties MacaMex manufactured components. Similarly, small deviations from the product information, if the parties are not unreasonable, as approved.
§ 2.2 An online ordering is only possible upon entering the login. Initial order is to register as a "new customer" is required. For additional orders only have to enter the user-defined in the initial registration login and password.
§ 2.3 By submitting an order in the cart, the buyer of a binding offer to buy him in the basket of goods compiled from.
§ 2.4 As soon as your order is automatically given an e-mail with the order data to the basket in the form e-mail sent. This is for your control and as an indication of the technical execution of the order process. The contract between the buyer and MacaMex is closed when MacaMex accepts the order. This is done within two working days of the issuance of a final order that the customer with a detailed list of the ordered goods and the shipping cost by e-mail, mail or delivered by telephone. If the customer does not receive an exception of the two confirmations, please send a short message.
§ 2.5 The purchaser agrees to make truthful statements.
§ 2.6 Our offers are non-binding if they are confirmed in writing by us. Deliveries and invoice grants are confirmed in writing immediately. The written confirmation shall be a commercial letter of confirmation.
§ 2.7 the Seller already confirmed orders can be canceled only with our written consent. In this case, the buyer has to bear all, but the order is processed before and after the cancellation, incurred expenses.
§ 2.8 in its prospectus or similar document is subject to and with the offer of the information provided, such as illustrations, drawings, descriptions, dimensions, weight, performance and consumptions Rend data, information regarding the availability of equipment for new technologies that are only decisive extent, as they are not expressly designated as binding. Characteristics of the purchased goods shall only be assured as if they have been agreed in writing. Small deviations from the description of the offer shall be deemed approved and shall not affect the performance of the contract, unless the deviation is unreasonable for the buyer. This is especially true in case of changes and improvements in the interest of technical progress.
§ 3 Prices
§ 3.1 The respective prices, unless otherwise stated, are exclusive of shipping from the warehouse without the MacaMex installation, training or other benefits. A shipment of goods is available on request. The cost of postal delivery or delivery by a similar logistics company has to bear the customer himself. The risk of damage to or loss of delivered goods passes to leave the distribution center of MacaMex over to the other party.
§ 3.2 The customer required special packaging (eg, seaworthy packaging) shall be borne by the buyer.
§ 3.3 The Buyer shall bear the cost of insurance required in individual cases. The cost of freight and shipment shall, unless otherwise agreed in writing by the buyer.
§ 3.4 If the buyer in the sense of § 1 of the Consumer Protection Act, so currency fluctuations are taken at the expense of MacaMex only up to 5%. As a reference, the USD exchange rate of the ECB on the day of tenders.
§ 3.5 appear with a new catalog or presentation of new prices, features articles on the website supersedes all previous editions of their validity.
§ 4 Terms of Payment
§ 4.1 (if available) for deliveries on the invoice payment, the amounts charged by us in cash and without deductions, net thus carried out without any discounts or other deductions immediately upon receipt of invoice.
§ 4.2 The accounts of MacaMex are laying the same access or pay cash immediately due and payable by bank transfer or in without any deductions.
§ 4.3 In the event of late payment interest will be in the amount of 5% per annum above the base rate charged. If an agreed payment term as a debit card can be realized by the bank not the customer, the customer will be charged to expenses in the amount of 20,00 EUR (excl. VAT.).
§ 4.4 The acceptance of a bill, a check or money order will only be accepted in payment and not as payment instead. Our claims applies only at the time of redemption of the cash or the credit of the funding amount to one of our bank accounts wiped out.
§ 4.5 A occurring after the conclusion of the worsening financial situation of the buyer, which we - in whatever way - to know it right to us, the purchase price for deliveries already made, if necessary to make immediate payment and to demand collateral from further deliveries. If the buyer made the purchase price payable is not paid within a week or fails to pay the required security within the same time, we reserve the right to withdraw without a grace period of the contract.
§ 4.6 The buyer, the entrepreneur in the sense of § 1 of the Consumer Protection Act, waived the alleged set-off against claims that are not in the legal context of our commitment and taken which were not recognized or determined by a court.
§ 4.7 Payment and performance is Vienna.
§ 5 Delivery
§ 5.1 Delivery takes place within the EU and Switzerland.
§ 5.2 The delivery times indicated on the website are non-binding.
§ 5.3 Delivery dates and times can be binding only in written form. However, we also endeavor to meet the obligation promised delivery dates.
§ 5.4, depending on the delivery time is the method of payment. If payment in advance amount from the entrance begins the delivery time to run.
§ 5.5 Special orders (certain colors or large quantities of individual articles) may take a period of up to 8 weeks.
§ 5.6 From shipment to the buyer, or delivery to the carrier or from acceptance delay the buyer bears the risk of loss or damage of purchased goods.
§ 5.7 The delivery period is calculated from the day on which to execute all necessary releases and documents, notably in the case of the written order.
§ 5.8 Can not we promised delivery date is met, we will arrange a new date binding. Also new this time elapses without the physical delivery, the purchaser has either the right of the contract with respect to the remaining deliveries in whole or in part. Further claims, especially claims for damages of any kind are, except for the case that they were of us caused deliberately or by gross negligence is excluded.
§ 5.9 of delivery delays due to force majeure or events that complicate the delivery or transportation, or make it impossible - even subsequently occurring material and raw material procurement difficulties, equipment failure, strikes, lockouts, shortage of personnel, lack of transportation or transport problems are, etc. - also when these occur at our parent company or its suppliers, we are not responsible even if binding deadlines or dates. A claim for damages shall be excluded in these cases. If the Contract provides several installments, then each partial delivery is to be regarded as a contract. The buyer is not entitled to reject part deliveries if their assumption is not reasonable for him.
§ 5.10 For the duration of the delay in acceptance of the buyer, we are entitled to store the delivered goods at the risk and expense of the purchaser. MacaMex can also make use of this freight company, or a warehouse keeper. During the period of delay in acceptance of the buyer to us once before as a replacement of the ligand storage costs without further proof of monthly flat rate of 5% of the purchase price, more than 25, - € plus VAT to pay. In addition, we are entitled to demand higher storage costs incurred. If the purchaser after the expiration of any extension period refuses to accept delivery of goods or declares to accept the goods do not want MacaMex can cancel the contract and claim damages for breach of contract. MacaMex is entitled to claim damages as either a lump sum 25% of the agreed purchase price or compensation for actual loss incurred by the buyer.
§ 5.11 Differences defects must be immediately displayed on the receipt of goods at MacaMex and the carrier. The acquisition of goods by the shipper or carrier is regarded as evidence of quantity, perfect packing and loading.
§ 6 Transfer of risk
§ 6.1 The risk shall pass to the buyer as soon as the consignment is to the carrier or other person responsible for transport have been handed over or dispatched to our manufacturing or our central warehouse has left, regardless of whether the shipment is made of performance and who the freight costs. If the goods are ready for shipment and the shipment is delayed or decrease for any reason, we are not responsible, the risk passes to the receipt of notification of readiness for shipment to the buyer.
§ 6.2 We are also entitled to make partial deliveries, which are regarded as independent services.
§ 6.3 Damaged packages shall be brought to the buyer upon delivery and to confirm the damage level.
§ 7 Rejection during cash on delivery
§ 7.1, the delivery should be agreed upon by the purchaser on delivery and acceptance of a delivery be refused on delivery, the customer with the total shipping charges, delivery charges, return charges and a handling fee of 20.00 is (excl VAT). Charged.
§ 8 offers
§ 8.1 Our offers are subject to change. All offers are valid only while supplies last. Contracts are only a written order confirmation from the MacaMex or delivery of goods ordered.
§ 9 Retention of title
§ 9.1 The goods remain the property until full payment of MacaMex. In breach of contract, especially for late payment MacaMex is entitled to reclaim the goods supplied. The buyer is obliged to surrender in this case.
§ 9.2 The delivered goods until full payment of the purchase price and all additional requirements of our property.
§ 9.3 In the case of resale of the reserved goods, the buyer in advance all claims against the second purchaser, to us as payment, but the buyer still without changing the due date is the amount due for payment thereof in addition to the second purchaser against us liable.
§ 9.4 The buyer is obliged to bring his books to any claim assigned an original dated company manufactured Notice and agree to the second purchaser later than the conclusion of the contract of the assignment and are on resale after a copy of the letter of the second purchaser of the assignment to be informed. If notwithstanding the above agreement with the buyer amounts received by the second purchaser, the purchaser is obliged to hand these amounts to us immediately. Up to this handing over of the funds are to be kept separately. These assignments are hereby accepted by us in advance. Any further pledge or assignment is excluded.
§ 9.5 In case of seizure or confiscation by third parties (eg landlord liens) immediately notify us in writing. In the event of failure to report the buyer is liable for damages. All costs are in any case be borne by the buyer.
§ 10 Warranty
§ 10.1 The statutory warranty period is 24 months. The period begins with delivery of the goods.
§ 10.2 Customers who are not consumers, as defined in § 1 para 1 no 2 Consumer Protection Act, complaints of obvious defects or shortages without delay, but no later than seven days from receipt of the goods, hidden defects within view of seven days after discovery, and this to be displayed even before the expiry of the warranty period has.
§ 10.3 The warranty period begins on the date of delivery. If our operating and maintenance instructions are not followed, if changes are made to products, parts replaced or materials are used that do not meet the original specifications, any warranty if the defect is attributable to this. This applies even if the defect caused by improper use, storage and handling of equipment or foreign interference and the opening of equipment is due. Minor differences in color, size and / or quality of goods and solve performance of any warranty rights.
§ 10.4 of defective goods, we will, at our discretion by remedying the defect or return and replacement. The buyer may choose to demand reductions in the purchase price or rescission of the contract, if the repairs within a reasonable time has finally failed and a replacement was also defective.
§ 10.5 Liability for normal wear and tear is excluded. The warranty does not cover any wear items.
§ 10.6 of warranty claims against MacaMex are entitled only to the direct purchaser and are not transferable.
§ 10.7 Claims for damages by the buyer are excluded, unless they are based on intent or gross negligence by us or our employees, in violation of a fundamental contractual obligation are taken or in the absence of a guaranteed property from us.
§ 11 Liability and Damages
§ 11.1 Claims for damages against us are basically excluded, provided that we have caused the damage deliberately or through gross negligence. When our employees are our company's vicarious, but not employees of other companies or individuals to operate these companies or their agents.
§ 11.2 The buyer confirms, on the instructions for use of the goods sold by us to be made aware and will only use the goods in the manner provided Manual.
§ 11.3 In the case of product liability damages from Buyer's customers shall be transmitted immediately by the purchaser written documentation of the circumstances and claims asserted. In the Product Liability case meets the buyer a fault-based Regreßhaftung against us, if he did not send his clients informed enough about the specifics of the product that not render our instructions, instructions for use and / or its clients production reliability offered has been as expected, taking into account all the circumstances.
§ 11.4 Our liability is excluded under § 9 Product Liability Act for damage to property of our customers, if these are not end users. The limitation period of § 13 production Liability Act is reduced to three years.
§ 12 Withdrawal
§ 12.1 If a contract with a consumer according to § 1 para 1 no 2 Consumer Protection Act, at a distance using a remote means of communication therefore by a means of communication that can be used to conclude a treaty without the simultaneous physical presence of the parties, in particular printed matter with or without an address, catalogs , Press advertising with order form, pre-standard letters, telephone conversations with individuals or automatic calling, radio, video phone, fax, tele-shopping, as well as publicly accessible electronic media, which allow individual communications such as e-mail is for the consumer a right of withdrawal according to § 5 e , § 5f, 5g § Consumer Protection Act.
§ 12.2 When a contract is given to the consumer a right of withdrawal of 7 working days. Be declared detected within this period must resign. The period begins with contracts for goods on the date of its receipt by the consumer. To meet the deadline it is sufficient that the notice of cancellation is sent within this period.
§ 12.3 Revocation shall be addressed to the address given in the imprint.
§ 12.4 In the case of an effective withdrawal, the mutually received benefits. A refund will only train to train with the return of the goods received by the customer. Condition for this is that the goods are in unused and as new to be designated, resalable condition. If the customer can return the service wholly or partly or only in deteriorated condition, he shall be obliged, where appropriate, compensation. The customer can avoid liability for compensation by the goods like an owner in use and omitting everything, which impairs their value. In no case, however, shipping costs will be refunded.
§ 12.5 The cost of the return helps exercise the right of return of the consumer, unless the goods delivered do not correspond to the ordered goods. Packets sent freight collect will not be accepted. Costs incurred by the customer are not accepted for this result.
§ 12.6 The right of return does not apply to special order or goods which, due to their nature (hygienic reasons) are not suitable for return. It is also impossible for audio and video recording, software, media, books, picture books and magazines, provided these products have been unsealed. Packs and kits can be returned in full.
Second hand goods are excluded from any right of return because the item has been lowered by price or special or unique pieces or limited supply volumes are or have been manufactured according to customer requirements.
§ 12.7 Withdrawal is only for consumers. Consumers are natural persons concluding the contract for a purpose that is not its commercial or independent professional activity can be attributed.
§ 08.12 MacaMex can at clerical or arithmetical errors on the website to cancel the contract, or if the goods ordered unexpectedly not available and a replacement is not possible or is not a replacement, the customer agrees. The customer is informed immediately and refund excess payments.
§ 13 Place of performance, jurisdiction and legal system
§ 13.1 For contracts with companies in accordance with § 1 of the Consumer Protection Act is agreed that the payment of performance for deliveries and Vienna.
§ 13.2 For all disputes arising out of or in connection with that business relationship as the only competent court of Vienna Inner City agreed competent court.
§ 13.3 The laws of the Republic of Austria. The provisions of the Sale of Uncitral be excluded by agreement.
§ 14 Data Protection
§ 14.1 In the course of the business relationship, announced personal information confidential and not disclosed to third parties.
§ 14.2 We are entitled to all expenses incurred in the business relationship, to identify the buyer relevant data in accordance with the Data Protection Act and to process and moderately bound to Group companies at home and abroad.
§ 14.3 By entering your phone number and / or e-mail address you give us the opportunity to fulfill your order through questions as accurately as possible. Your information will be kept confidential and not disclosed to third parties.
§ 15 Miscellaneous
§ 15.1 All documents provided by us (drawings, brochures, etc.) remain our property.
§ 15.2 Claims by the purchaser under this contract may not be assigned without our prior consent.
§ 15.3 The assignment of claims against us to third parties unless we have expressly consented to the assignment. If it is not in accordance with § 8 paragraph 7 of the Conditions (warranty claims) claims act, we will grant permission if the buyer can prove essential interests outweigh our interests in maintaining the prohibition of assignment.
§ 15.4 The purchaser undertakes to provide to him in connection with deliveries of MacaMex becoming accessible information that is clearly due to other circumstances as a business or trade secret
§ 16 Severability clause
The invalidity of individual provisions, the validity of the remaining provisions.
