Terms and Conditions
General
For business relationships between homefibre digital networking gmbh and the buyer the following general terms, in the version which was valid in the moment of order, are exclusively valid. Aberrant conditions of the buyer are not granted, unless we adjust them assertively in writing.
Signing of the contract
Your order presents an offer to us for completion of a sale. With the delivery of the products we accept this offer. The contract will be accomplished with homefibre digital networking gmbh.
Cancellation Rights
You may withdraw from the sale within two (2) weeks without any justification, as long as you send your cancellation in writing (letter, fax, e-mail (service(at)homefibre24.com)) or if you return the goods to us. If you are a professional buyer or freelancer the current statutory provisions for the return of goods shall apply. The time frame for the return of goods begins once you have received the goods. Your cancellation request will be considered to have been submitted on time if your written notification or the goods are sent back within the timeframe mentioned above. Please send the products to:
homefibre digital networking gmbh
Fratresstrasse 20
9800 Spittal/Drau
Austria
You may return new, unopened items sold and fulfilled by homefibre digital networking gmbh within 30 days of delivery for a full or partial refund. Items should be returned in their original product packaging. Any item that has obvious sign of use, beside that originated by common conventional usage, will be partially refunded. The same is valid if any accessory or equipment part is missing. The buyer is responsible for all shippings costs related to the return of the goods, if the delivered products corresponds to the ordered. Otherwise the return shipping costs is paid by us.
Terms of delivery
Unless otherwise expressly agreed, the delivery will be carried out ex stock to the delivery adress declared by the buyers. Declarations of delivery time are noncommital, except the delivery date was bindingly agreed. A delay in delivery will not result in a reduction of price of sale. If we are not able to deliver the goods independent of negligence, because the supplier does not fulfill his obligations, we are entitle to resign from the order. In that case the buyer will be immediately informed, that the ordered product is not available. The legal subjects of the buyer remain intact. To deliver the producst as fast as possible, we carry our partial delivery. This will not lead to additional costs for the buyer.
Rejection
In case of rightless rejection of the delivered products we'll invoice additional costs; in case of repeated rejection the customer number will be locked and sold only against cash in advance.
Warranty/Limitations of Liability
In case of product defects, legal regulations are valid. Assignment of the claims of the buyer are excluded.
Unless hereinafter expressed we will in no event (or our officers, employees, suppliers, distributors, or licensors: collectively "Our Representatives") be liable to you for any indirect, incidental, special or consequential damages whatsover, including but not limited to loss of revenue or other commerical or economic loss, arising out of any breach of this agreement, any use or inability to use the products or any claim made by a third party, even if we (or Our Representatives) have been advised of the possibility of such damage or claim.
The limitations shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundament breach. Some jurisdiction do not allow the exclusion or limitation of liability for consequential or incidental damages, or certain limitations of implied warranties. Therefor the above limitations may not apply to you.
In case of careless breach of a fundamental condition or term the aggregate liability of us (or that of Our Representatives) for any physical damage or claim, whether in contract, tort or otherwise, exceed the amount caused by the damage. If the supplementary performance has been carried out by a compensation delivery the buyer is obliged to return the previously delivered products within 30 day at our expenses. The return of the defective products has to be carried out according to legal rules and regulations. We reserve one's right, to claim compensation for damages.
The limitation period constitutes 24 months calculated from delivery.
Price
Austrian Value added Tax is included in the price. Discounts and on the invoice not recorded discounts can not be granted. Price changes and mistakes are reserved.
In case of delivery to buyers within EU on existance of a valid VAT-ID (ATU, VAT, etc.) no Austrian value added tax will be invoiced.
Discounts can't be accumulated mutually.
Retention of Title
The goods delivered remain our property until full payment has been received.
Venue
This general terms and conditions are governed by and construed in accordance with the laws of Austria without reference to its conflict of law principles. The United Nations Convention on the Sales of Goods is not applicable. Place of juristiction is Spittal/Drau, as far the buyer is a professional buyer, juristical person of the public rights or doesn't have a venue at inland.
In commerce with end consumers place of juristiction is also the court of law of the end consumer. We are entitled to legally claim also at your place of juristiction.