Terms and Conditions
Conditions for the use of our website
Welcome to the PSM Bestpoint GmbH website. Please read the following guidelines on how to use our site and placing your order with us via the internet. By visiting our website, either to view our offerings or to place an order, you hereby acknowledge that you understand and agree to the conditions set out herein.
Content, retention of ownership and restrictions
None of the content of PSM Bestpoint GmbH website may be copied, reproduced, distributed, published, downloaded, displayed, sent (either electronically or by post), or recorded without the written consent of PSM Bestpoint GmbH or the relevant copyright holder, except in connection with an order placed with PSM Bestpoint GmbH. Please note that the authorisation granted is such cases automatically expires as soon as one of the above conditions is breached. You may display, copy, distribute or print content from the PSM Bestpoint GmbH website for the following purposes:
a). to place an order with PSM Bestpoint GmbH.
b). when using PSM Bestpoint GmbH as a purchasing source, provided that you do not attempt to amend it, and that you take into account all guidelines for copyright and proprietary rights.
Information that we receive from you when you visit our website:
You hereby agree that all information and ideas submitted by you via this website or otherwise to PSM Bestpoint GmbH shall automatically become and remain the property of PSM Bestpoint GmbH. Furthermore, we would like to point out that it is prohibited to publish or send via this website unlawful, defamatory, distortional or inflammatory material, or content which may give rise to prosecution under civil or criminal law. You alone shall be responsible for the content of any comments that you send.
Amendments to the conditions
The above conditions for the use of our website are subject to revision by PSM Bestpoint GmbH and may be published in the same place in modified form. You hereby agree that in the event of an amendment of any part of these conditions, this and all other conditions will be accepted as valid to the full extent. By using our site, you agree to accept the terms and conditions and shall be bound by such terms. For this reason, we advise you to visit this website regularly so that you remain familiar with the current terms and conditions.
Your security is our highest priority. Therefore we have implemented a variety of technical measures to ensure the safe transfer of data.
GENERAL SALES AND DELIVERY CONDITIONS
All our supply contracts are – subject to separate agreements in each case – governed exclusively by these terms and conditions. Any deviation from this agreement requires our written consent. We are not bound by any terms of purchase issued by the buyer. If a buyer does not raise an objection in writing against an order confirmation from us within eight days, all conditions of the order are considered accepted in full.
Our offers and quotes are not binding, but simply for your consideration. Side agreements and commitments made by representatives require our written confirmation. Descriptions of the article for sale and technical data are not binding.
3. Product liability:
Any claims for damages against us shall be excluded, irrespective of the legal grounds on which they are based. This applies to claims in accordance with the provisions of the Product Liability Act for damage to persons or property as a result of a defect in the goods, but above all claims for compensation for consequential damages shall be excluded, entirely. Claims for compensation by a buyer (customer) for damages shall also be excluded, entirely.
We are only liable for those components of goods which we have acquired from suppliers to the extent of warranty and claims for damages we are entitled to against the suppliers.
Our goods are dispatched from our warehouse in Wels solely at the buyer’s risk, even if the goods are shipped at our expense. Agreed delivery times shall apply from the date on our order confirmation. Goods will be insured against damages in transit by the supplier (PSM Bestpoint GmbH).
If the client does not accept the products or services, either in part or in full, we may terminate the contract after setting a14-day notice period and claim compensation on the grounds of non-fulfilment.
This will entitle us to claim either 30% of the agreed contractual sum – without the need to present proof of loss – or compensation for the actual loss incurred. This also applies if the contract is cancelled for reasons for which we are not responsible. Claims for damages on behalf of the buyer for late delivery or non-fulfilment shall be excluded, providing there is no malicious intent or gross negligence on our part. Any partial delivery offered must be accepted and paid for by the buyer.
Orders worth more than €99 in value will be delivered free of charge; delivery for orders under this amount are not free. Orders under the minimum of €75 cannot be delivered.
All prices are in euros excl. VAT. Prices are subject to change.
Our product range is subject to change. We reserve the right to changes in quality, design and colour, as well as the right to exceed or fall below the ordered quantity, including orders with advertising print, by up to 10 % for production engineering reasons.
Payments must be made in cash within 14 days without any deductions. Other discount or target agreements require special mention in our confirmation and invoices, and apply only to that specific confirmed order. Default on a payment deadline shall result in default charges at a rate of 8% above the base interest rate. The buyer is not entitled to withhold payments against warranty claims or other counterclaims not recognised by us, or to offset payments against our claims. Where, following the conclusion of a contract, there is reasonable doubt as to the solvency or creditworthiness of the buyer, in particular in cases where despite an 8-day grace period the agreed payment for an order has not been paid in full, we are entitled to demand either an immediate cash payment for the full contractual sum, collateral prior to delivery, or withdraw from the contract. In addition to reserving the right for the buyer to reimburse our expenses, we may also claim 30% of the agreed contractual sum or compensation for the actual loss incurred, without the need to present proof of loss.
9. Retention of ownership:
Pending payment in full all goods delivered shall remain our property. In the event of default by the buyer or a violation of the agreed retention of ownership obligations, the full outstanding debt shall become due, with immediate effect. We reserve the right to demand the return of the items, which are still our property, and to collect these items. In this case, the buyer has no right to retain these goods under these circumstances. The buyer shall be obliged to bear the cost of the return of the goods, which itself represents no release from the contract.
The buyer is also obliged to notify us immediately of any infringement of the retention of ownership agreement, in particular in regards to reduction in the value of the goods, third party claims on the goods, etc.
The buyer is required to examine the delivered goods immediately on arrival, in order for any claim concerning the goods to be considered. Any faults found must be immediately reported in writing, in a detailed manner. Likewise, any later defects most be reported the moment they are discovered. We reserve the right to either rectify the defect or replace the defective goods with a defect-free replacement. We may consider a reasonable price reduction, especially if a remedy is not possible, or only possible at a highly disproportionate cost. Any modification, processing or mishandling of the delivered goods shall invalidate the warranty claim. In order to consider any costs incurred by the buyer for rectifying defects, such costs shall only be approved with prior written consent from us. In regards to the suitability of the delivered goods, we only offer a guarantee if these are used within our guidelines. The buyer must therefore ensure that the goods are cared for in accordance with contractual conditions and, where appropriate, solely used for the purposes stated in the supplied instructions.
We only offer a guarantee in cases where express written assurance is given. Customary and reasonable variations in size, features or materials are insufficient grounds for objection as are customary and reasonable variations in color, texture, etc. When placing orders with advertising the promotional text is considered part of the order confirmation. In the case of errors in the text, the buyer is obliged to immediately inform us of any objection upon receipt of confirmation, failing which the full text shall be considered approved. Subsequent complaints will not be recognised.
11. Return of goods:
The return of goods requires our express written consent. A delivery note or invoice number must accompany each return. For returns via a courier or hauling company, a collection note, issued by us, is required. Returns to our warehouse in Wels are generally at the cost and risk of the buyer. Should goods be returned to our warehouse with an unpaid fee, a handling fee of 20% will be charged.
12. Special Orders:
Accurate information is required for special orders, as we are unable to subsequently exchange or accept returns.
13. Patents and other property rights:
In the case where we have items created from a buyer’s drawings or original designs, it is expressly understood that no rights, particularly the rights of a third party are infringed. The buyer shall assume responsibility for any claims made by third parties, as well as ensure we are excluded from any claims for damage or losses resulting from third party claims. The buyer is also obliged to compensate us in full for any resulting damage.
14. Place of fulfilment:
In the event of a dispute arising from this contract, the sole place of jurisdiction shall be the district court in Wels 4600. The place of fulfilment shall be Wels 4600. The contractual relationship shall be governed exclusively by Austrian law, with the exception of relevant provisions of the Austrian IPRG and the EVÜ, and the CISG.
15. Severability clause:
If any part of this contract becomes ineffective, or in accordance with the agreed sale and delivery conditions, becomes unenforceable, this shall not affect the validity and enforceability of the remaining provisions of the contract. In such an event, the contracting parties will make an effort to replace the ineffective or unenforceable provision with one that comes as close as possible.