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These terms and conditions are binding for everyone from MARQUIS Med Consulting GmbH, 1130 Vienna, Sankt-Veit-Gasse 65/3A (Tel. +43 (0) 1 865 45 31, Fax +43 (0) 1 865 45 31-89, email: office @ marquis-med.com ("MARQUIS MED") with consumers in the sense of § 1 KSchG concluded purchase contracts. Deviations from this require a separate agreement.
2. Conclusion of the contract
2.1. A purchase contract with MARQUIS MED is only concluded in writing. Signature is not required.
2.2. The cost estimates and price lists provided by MARQUIS MED are only to be understood as an invitation to the buyer to submit an offer. MARQUIS MED only accepts and processes offers made in writing. The buyer is bound to his purchase offer for a period of 7 working days. Beyond the period of 7 working days, the buyer is only bound as long as he does not declare his withdrawal from the purchase offer in writing. As long as such a declaration of withdrawal has not been received by MARQUIS MED, MARQUIS MED can validly declare acceptance of the purchase offer within 14 days of receipt of the purchase offer by MARQUIS MED. The purchase contract is concluded when MARQUIS MED accepts the buyer's offer.
2.3. MARQUIS MED can refuse to accept offers from buyers without giving reasons and has the right to withdraw from the contract in the event of typing, printing or calculation errors or unforeseeable delivery difficulties, the reasons for which are beyond MARQUIS MED's sphere of influence.
2.4. Product offers and promotions from MARQUIS MED apply while stocks last. If the supply is exhausted, the potential buyer will be informed by MARQUIS MED via one of the contact channels specified by the customer (e.g. e-mail or fax).
2.5. If MARQUIS MED itself makes a binding purchase contract offer to a consumer, point 2.2 applies. analogous.
2.6. The provisions of the Distance and Foreign Business Act (FAGG) are decisive for the conclusion of contracts in distance selling and for contracts concluded outside of business premises.
3.1. The prices of the goods are in euros ex warehouse in Vienna, including packaging and sales tax. If the buyer collects the goods from 1130 Vienna, Sankt-Veit-Gasse 65/3A, MARQUIS MED will not charge the buyer any costs in addition to the price of the goods. When the goods are dispatched, the freight, delivery or shipping costs and any insurance costs, which are incurred depending on the weight of the goods and the distance to the transport destination and are to be borne by the buyer (see point 4), are calculated separately.
3.2. The prices stated in MARQUIS MED's offers and / or price lists are subject to change and are only binding for MARQUIS MED if they have been confirmed in writing.
4. Dispatch, assumption of risk
4.1. The goods are dispatched on account of the buyer and are packaged as is customary in the industry. MARQUIS MED is not obliged to insure the goods. MARQUIS MED can send the goods by post or determine the transport route and type of dispatch at its own discretion. When shipping goods, the buyer expressly approves the usual types of shipping such as post, train, plane, ship, private messenger and delivery services such as FedEx, DHL, etc.
4.2. If MARQUIS MED sends the goods, the risk of loss or damage to the goods is only transferred to the buyer as soon as the goods are delivered to the buyer or to a third party other than the carrier appointed by him. However, if the buyer himself has concluded the contract of carriage without using one of the options suggested by MARQUIS MED, the risk is transferred to the carrier as soon as the goods are handed over. The risk of damage, loss or destruction of the purchased item is transferred to the buyer when it leaves the warehouse; MARQUIS MED's liability is excluded.
5.1. Unless otherwise agreed, delivery will be made to the customer address given by the buyer. If the buyer does not explicitly specify a different delivery address, the customer's address is deemed to be the valid delivery address.
5.2. Delivery to the buyer is always subject to delivery to MARQUIS MED by its suppliers. The delivery time is normally 8-10 weeks; However, this basically depends on the post office and external suppliers and can - unless otherwise announced in individual cases or agreed in writing - be up to 10 weeks from the order confirmation (see point 5.3.). If the expected delivery dates are not met, an attempt will be made to notify the buyer and announce the new expected delivery date. MARQUIS MED is entitled to make partial deliveries. Any information about delivery times and deadlines is non-binding unless otherwise expressly agreed.
5.3. Unless otherwise agreed, delivery periods begin with MARQUIS MED's written confirmation of acceptance of the buyer's offer to buy or with written confirmation of receipt of the buyer's declaration of acceptance of the MARQUIS MED offer (“order confirmation”).
5.4. Claims for damages by the buyer due to late delivery are excluded, unless they are based on intent, gross negligence or the culpable breach of main contractual obligations by MARQUIS MED. MARQUIS MED is not liable for delay in delivery or impossibility of delivery, which is due to the behavior of third parties, in particular to the behavior of shipping and transport companies commissioned by MARQUIS MED, provided MARQUIS MED is not grossly negligent in choosing.
5.5. If delivery becomes temporarily or completely impossible due to force majeure or unforeseeable circumstances such as strikes, lockouts, official measures, regardless of whether at MARQUIS MED or its sub-suppliers, MARQUIS MED shall be released from the obligation to deliver and liable if the buyer is no longer required to pay not for the resulting damage to the buyer or the recipient of the goods.
6. Payment, Consequences of Default
6.1. MARQUIS MED's invoices are to be paid 100% in advance or promptly from the invoice date, unless otherwise agreed. MARQUIS MED only accepts payment by bank transfer or payment based on an invoice submitted by MARQUIS MED as payment methods. Payment by direct debit is not intended.
6.2. In the event of default in payment, MARQUIS MED will charge default interest based on the statutory interest rate (4% pa). MARQUIS MED reserves the right, at its discretion, to make deliveries only against prepayment or cash on delivery.
6.3. Bills of exchange are only accepted on the basis of a separate written agreement. Exchange charges and discounts are borne by the buyer. Bills of exchange and checks are only accepted on account of payment.
6.4. If the purchaser is in default of payment, MARQUIS MED is entitled to withdraw from the contract with a written reminder and setting a reasonable grace period of 14 days.
6.5. In the event of a reminder due to late payment, MARQUIS MED will charge the buyer reminder fees of 2% of the purchase price. After an unsuccessful written reminder, MARQUIS MED is entitled to commission a debt collection agency or a lawyer with the collection. With the commissioning, the buyer will be charged a collection fee of 10% of the purchase price.
7. Buyer's right of withdrawal
7.1. If the consumer has not submitted his contract declaration either in the rooms used by MARQUIS MED for his business purposes or at a stand used by MARQUIS MED for this purpose at a trade fair or market, he can withdraw from his contract application or from the contract. This withdrawal can be declared up to the conclusion of the contract or within 14 days thereafter. The course of this period begins with the handing over of a document containing at least the name and address of the entrepreneur, the information necessary to identify the contract as well as information about the right of withdrawal, the withdrawal period and the procedure for exercising the right of withdrawal (this is typically the order confirmation in accordance with point 5.3. including these GTC) to the consumer, but at the earliest with the conclusion of the contract, in the case of purchase contracts for goods on the day on which the consumer takes possession of the goods. If such a document has not been handed over, the consumer has the right to withdraw for a period of twelve months and 14 days from the conclusion of the contract or delivery of the goods; if MARQUIS MED makes up for the delivery of the document within twelve months from the start of the period, the extended withdrawal period ends 14 days after the point in time at which the consumer receives the document. The declaration of withdrawal by the consumer is not bound to any particular form. It can be sent to the MARQUIS MED contact details listed in point 1. The withdrawal deadline is met if the declaration of withdrawal is sent within the deadline.
7.2. MARQUIS MED grants the buyer, without prejudice to statutory rights of withdrawal, in particular in accordance with §§ 918, 920 ABGB, as well as § 11 FAGG, the right to withdraw from the purchase contract. The right of withdrawal must be exercised by the buyer no later than 7 days after the conclusion of the purchase contract by means of a written declaration of withdrawal. The time of receipt of the declaration of withdrawal by MARQUIS MED is decisive.
7.3. In the event of an effective withdrawal from the purchase contract in accordance with point 7.2. the buyer must pay a cancellation fee of 10% of the agreed purchase price, but at least € 25.00.
7.4. If the goods have already been sent to the buyer, the withdrawal from the purchase contract is only effective subject to the proper return of the goods (see point 8.3.).
8.1. Sold goods will only be taken back by MARQUIS MED in the event of an effective withdrawal from the purchase contract (point 7) or in the event of a warranty.
8.2. In the event of withdrawal from the purchase contract in accordance with point 7.1. MARQUIS MED will, step by step, reimburse all payments received by the consumer, including statutory interest, from the day of receipt and, should this have occurred, replace the necessary and useful effort made by the consumer, while the consumer postpones the received services / goods and MARQUIS MED has to pay an appropriate fee for the use, including compensation for an associated reduction in the common value. The taking over of the goods in the custody of the consumer is not in itself to be regarded as a decrease in value. If the provision of the services already provided by MARQUIS MED is impossible or impractical, the consumer must reimburse MARQUIS MED for their value insofar as they are of clear and predominant benefit. Any claims for damages remain unaffected.
8.3. A return of the goods in the event of withdrawal from the purchase contract in accordance with point 7.2. - 7.4. is only correct if it is in undamaged original packaging. Other returns not agreed with MARQUIS MED are returned carriage forward to the sender at the sender's risk.
9.1. The goods sold by MARQUIS MED have the usual properties and functions guaranteed in accordance with the packaging and brochures. At the time of placing on the market, they correspond to the applicable Austrian standards and are compatible with the computer hardware and the operating systems specified on the packaging of the goods.
9.2. Goods complained about as being defective must be returned to MARQUIS MED. MARQUIS MED bears the necessary shipping costs and the risk of loss or accidental destruction.
9.3. Any warranty by MARQUIS MED is excluded for goods that the buyer or a third party has changed, installed or repaired without authorization. There are also no warranty claims of the buyer in the event of defects due to improper handling, non-observance of the instructions for use, the effects of third-party accessories as well as excessive use or natural wear and tear. Furthermore, MARQUIS MED does not provide any guarantee for damage caused by self-negligence or by intervention by unauthorized persons or workshops.
9.4. In addition, the statutory warranty provisions in accordance with §§ 922ff ABGB and §§ 8f KSchG apply.
10. The goods sold by MARQUIS MED have a manufacturer's guarantee for the goods sold for end consumers. MARQUIS MED grants a guarantee of 1 year on optics and mechanics, 6 months on electronics and lasers from the time of first purchase. MARQUIS MED will eliminate defects occurring during the guarantee period in accordance with the following conditions without charging the labor and material costs. At MARQUIS MED's own discretion, defective parts will either be exchanged for new spare parts or the entire product will be replaced with a new product
This manufacturer's guarantee does not cover damage caused by:
◦ improper use or use in disregard of the technical documentation and / or the safety instructions,
◦ lack of care, accidents or normal wear and tear,
◦ external influences (e.g. transport damage, damage from vibrations, overheating, water, moisture or acids),
◦ Use of unsuitable accessories.
The guarantee expires:
• if the type or serial number of the product has been changed, deleted, removed or made illegible,
• Repairs and modifications have been made by unauthorized third parties
This warranty does not cover any of the following:
• Regular maintenance and repair or replacement of parts due to normal wear and tear,
• costs for packaging and transport,
• Transport risks that are directly or indirectly related to this guarantee,
• Costs for necessary repairs, adjustments or the like carried out in addition to the guarantee.
11. Compensation, liability
11.1. MARQUIS MED is only liable for intentional or at least grossly negligent property and financial damage, including consequential damage. Liability for mere financial loss is excluded.
11.2. The result from point 10.1. The resulting limitation of liability does not apply if MARQUIS MED fraudulently concealed a defect or assumed a guarantee for the quality of the goods. The limitation of liability also does not apply to claims under the Product Liability Act.