1. Scope of application
For the use of the REFORM Fanshop and all associated orders or contract conclusions, the following general terms and conditions (hereinafter referred to as "GTC") apply exclusively. In the case of supply relationships established for a longer period, the validity of these GTC shall also extend to future business transactions with the customer in the absence of any agreement to the contrary.
2. Conclusion of contract/order processing
2.1 All offers of this fan shop are directed exclusively to customers with residence or usual stay and delivery address within the EU (excluding United Kingdom of Great Britain and Northern Ireland) or Switzerland, are expressly subject to change without notice and are therefore only an invitation to the customer to make an offer for a concrete contract. A contract is only concluded when REFORM expressly accepts the order, either by sending an order confirmation electronically or by post to the email or postal address provided by the customer or directly by sending the ordered goods.
Orders can only be processed if all marked mandatory fields in the order form are filled out completely and correctly. As soon as the order process in the fanshop has been successfully completed, the customer will be informed by the message "Thank you very much for your order". In addition, the customer receives a confirmation of the completion of the order process and thus the receipt of the order by REFORM by e-mail or, in individual cases, by post. In the absence of an express agreement to the contrary, however, this confirmation does not in itself constitute acceptance of the customer's order. Orders can only be accepted if the customer is 18 years of age or older.
3. Prices, minimum order values
All prices shown in the fan shop are gross prices in Euro (EUR) or Swiss Francs (CHF) - including statutory value added tax (VAT) and other taxes/fees/duties. In the order overview, however, the statutory sales tax, any discounts as well as the corresponding service and shipping costs according to the specified delivery address (see in particular point 5) are also shown. The minimum order value per order is EUR 30,- or CHF 30,- including VAT and shipping costs.
4. Terms of payment
REFORM accepts the following payment methods:
- Private clients: Credit Card, Sofortüberweisung
- REFORM dealers: The terms of payment depend on the respective machine sales conditions.
5. Shipping costs, delivery area and delivery time
Orders in the REFORM Fanshop are delivered at the expense of the customer. The shipping costs per single order are for deliveries with delivery address:
- in Austria EUR 5,-
- in Switzerland CHF 8,-
- in Germany EUR 10,- and
- in the rest of the EU (excluding the United Kingdom of Great Britain and Northern Ireland) EUR 15,-.
Shipping costs for other countries on request. It is not possible to collect the goods from the factory yourself. Unless otherwise agreed, shipment will take place within 3-5 working days after receipt of payment (private customers) or after receipt of order (REFORM dealers). The actual delivery time always depends on the general conditions of the respective individual order as well as various external factors, but is usually max. 14 days from receipt of order.
6. Right of revocation (right of withdrawal)
General: For customers who are consumers within the meaning of the Consumer Protection Act (KSchG as amended), the right of revocation (right of withdrawal) applies in accordance with the following provisions: You have the right to revoke this contract within 14 (fourteen) days without giving reasons. The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods. In order to exercise your right of revocation, you must inform us, Reform-Werke Bauer & Co Gesellschaft mbH, Haidestraße 40, 4600 Wels, e-mail: marketing(at)reform.at by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You can use the attached model withdrawal form, which is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation: If you revoke this contract, we shall reimburse you for all payments, with the exception of delivery costs, immediately and at the latest within fourteen days of the day on which we received notification of your revocation of this contract. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier. You must return or hand over the goods to Reform-Werke Bauer & Co Gesellschaft mbH, Haidestraße 40, 4600 Wels without delay and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. They shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.
The statutory warranty provisions apply. The warranty period for consumers for the delivery of movable goods is 2 years from the date of acceptance of the goods.
Warranty claims or other complaints can be made at the following address: Reform-Werke Bauer & Co Gesellschaft mbH, Haidestraße 40, 4600 Wels, Germany. For entrepreneurs, the warranty period is 6 months from acceptance of the goods. Similarly, entrepreneurs must prove the defectiveness of the delivered goods at the time of delivery; the legal presumption of § 924 ABGB and the right of recourse under § 933 b ABGB is excluded.
To the extent permitted by law, REFORM (including legal representatives, employees, vicarious agents, etc.), for whatever legal reason, shall not be liable for damages resulting from slight negligence, indirect or consequential damages, lost profits or positive damages in the form of lost revenue/non-revenue, for savings not achieved or interest lost, or for pure financial losses. In addition, the total liability of REFORM, regardless of the legal basis, is limited to a maximum of 100% of the total price of the individual order causing the damage. This total liability cover also includes any claims for reimbursement of expenses and/or warranty claims. The above limitation of liability does not apply to personal injury or other legally mandatory claims and liability regulations.
Insofar as it is not a bilateral business transaction and the customer is a consumer within the meaning of the KSchG, the following provision shall apply instead of the foregoing: To the extent permitted by law, REFORM (including legal representatives, employees, vicarious agents, etc.) shall not be liable for damages caused by slight negligence, regardless of the legal basis. This does not apply again expressly for easily negligently caused personal injuries or damage to things taken over for the treatment. In all other respects, the general statutory compensation provisions shall apply.
9. Retention of title
All delivered goods remain the unrestricted property of REFORM until full payment has been made.
10. Data protection
The customer is informed that REFORM processes and stores personal data necessary for the purposes of initiating and processing contractual relationships as well as for the maintenance of existing business relationships, and transmits such data to its subsidiaries or third parties involved in the performance of the contract to the extent necessary to achieve the aforementioned purposes. Such recipients may also be located in countries with a lower level of data protection. Insofar as this is necessary for order processing, the customer agrees that his data will be passed on to the shipping companies commissioned with the delivery of the order and the payment service providers selected in the order process. This consent can be revoked at any time by Reform-Werke Bauer & Co Gesellschaft mbH, Haidestraße 40, 4600 Wels. The revocation shall not affect the lawfulness of the processing carried out up to that point. The possibility of asserting information/correction/deletion claims in accordance with the applicable data protection provisions is expressly pointed out.
11. Severability clause
Should individual provisions of these General Terms and Conditions or of contract conclusions based thereon be invalid, ineffective, illegal or unenforceable, this shall not affect the validity of the remaining provisions. In such a case, the contracting parties shall be obliged to replace the invalid, ineffective, unlawful or unenforceable provision by a provision which comes closest to the economic purpose of this provision in a legally permissible manner.
12. Applicable law, place of jurisdiction
All disputes arising out of or in connection with these General Terms and Conditions as well as with the conclusion of contracts in the fan shop are subject to Austrian law, with the exception of its collision and reference norms (in particular IPRG, VO ROM I+II, etc.) in the respectively applicable versions. The place of jurisdiction shall be the court in Wels, Upper Austria, which may be the subject matter.
The application of the UN Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG as amended) is expressly excluded.
At the request of REFORM, the customer is obliged to certify the content and the existence of the above mentioned jurisdiction and choice of law clause.
Insofar as the concrete case does not involve a bilateral business transaction and the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG) who has his residence or habitual abode in Austria, actions against the customer can only be brought at the residence, habitual abode or place of employment of the customer.
Last update: 22.03.2019