Terms of service

Scope

These terms and conditions apply to all purchases from Meritoria GmbH made by private customers.

Private customers in this sense are persons with residence and delivery address in Austria, provided that the goods ordered by them cannot be attributed to their commercial or independent professional activity.

Business customers are requested to place orders on the order pages accessible via the business customer login.

Conclusion of contract

The presentation of our goods and the granting of the possibility to place an order represents a concrete offer on our part to conclude a sales contract.

By placing your order you accept the offer and the purchase contract is concluded.

You will receive an order confirmation by e-mail to the e-mail address you have provided.

Prices and shipping costs

The awarded prices are final prices including sales tax. The amount shown at the time of the binding order shall apply. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the goods ordered by you

Payment

Payment is made upon delivery by

- prepayment

- Payment on collection

- PayPal

- Klarna

Default of payment

 If you are in default of payment, Meritoria GmbH is entitled to charge default interest in the amount of 5 percent. If Meritoria GmbH can prove that a higher damage caused by default has occurred, Meritoria GmbH is entitled to claim this damage. If Meritoria GmbH can prove that Meritoria GmbH has incurred higher damages due to default, Meritoria GmbH shall be entitled to claim such damages.

Right of retention

The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery shall be made to the delivery address specified by the customer within

- Europe

(2) If force majeure (natural catastrophes, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, any obligation of Meritoria GmbH to perform shall be excluded. Amounts already paid shall be refunded by Meritoria GmbH without delay.

(3) Meritoria GmbH may also refuse performance insofar as such performance requires expenditure which, taking into account the contents of the purchase contract and the requirements of good faith, is grossly disproportionate to the customer's interest in the fulfilment of the purchase contract. Amounts already paid shall be refunded by Meritoria GmbH without delay.

(4) Bulky goods (parcels with a volume of more than 1 sqm) are usually delivered by a forwarding agent. Meritoria GmbH expressly points out that these goods shall not be carried into the house.

Favourable mode of dispatch for returns

(1) When returning the goods and accessories, please use the original packaging if possible, even if it should be damaged by an opening for functional testing.

(2) Please use the fully stamped and addressed return label enclosed with the goods delivery. This is the simplest and cheapest shipping option. There is no obligation to use this return procedure. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the increased costs compared to a cheaper shipping method.

Retention of title

The delivered goods shall remain the property of Meritoria GmbH until complete settlement of all claims against the customer arising from the purchase contract. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.

Defect rights

(1) Meritoria GmbH shall replace a product which is already defective upon delivery (warranty case) by a faultless product or have it professionally repaired (subsequent performance) at the customer's choice and at the expense of Meritoria GmbH. The customer is advised that no warranty case shall exist if the product had the agreed quality at the time of the passing of risk. A warranty case shall not exist in the following cases in particular:

a) in the case of damage caused by misuse or improper use by the customer,

b) for damage caused by the fact that the products have been exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) Furthermore, Meritoria GmbH does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer.

(3) If the type of subsequent performance (replacement delivery or repair) requested by the customer requires an effort which, in view of the product price, is grossly disproportionate to the customer's interest in performance, taking into account the contents of the contract and the principles of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer must be taken into account - the customer's claim shall be limited to the other type of subsequent performance. The right of Meritoria GmbH to refuse also this other type of subsequent performance under the aforementioned condition shall remain unaffected.

(4) Both in the case of repair and in the case of replacement delivery, the customer shall be obliged to send the product to the return address indicated by Meritoria GmbH at the expense of Meritoria GmbH, stating the order number. Before sending the product, the customer shall remove any objects inserted by him from the product. Meritoria GmbH shall not be obliged to inspect the product for the installation of such objects. Meritoria GmbH shall not be liable for the loss of such objects unless it was easily recognizable for Meritoria GmbH at the time of taking back the product that such an object had been inserted into the product (in this case Meritoria GmbH shall inform the customer and keep the object ready for collection by the customer; the customer shall bear the costs incurred thereby). Furthermore, before sending a product for repair or replacement, the customer shall, if necessary, make separate backup copies of the system software, applications and all data on a separate data carrier and deactivate all passwords. No liability is assumed for loss of data. Similarly, after the repaired product or the replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and reactivate the passwords.

(5) If the Customer sends in the goods to obtain a replacement product, the return of the defective product shall be governed by the following provision: If the Customer was able to use the goods in a defect-free condition between delivery and return, the Customer shall reimburse the value of the use made by him. The customer must pay compensation for loss or further deterioration of the goods not caused by the defect as well as for the impossibility to return the goods in the period between delivery of the goods and return of the goods not caused by the defect. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to pay compensation is also not applicable to the return of a defective product in a warranty case,

a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or redesign,

b) if Meritoria GmbH is responsible for the deterioration or loss or if the damage would also have occurred at Meritoria GmbH,

c) if the deterioration or loss has occurred at the customer's premises, although the customer has observed the care which he is accustomed to apply in his own affairs.

(6) The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.

(7) The Customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery within a reasonable period of time has not resulted in a product in a condition that is in accordance with the contract.

(8) In addition, claims against the manufacturer may also exist within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions.

(9) The statutory warranty of Meritoria GmbH ends two years after delivery of the goods. The period shall begin with the receipt of the goods.

Liability

(1) In case of slight negligence Meritoria GmbH shall only be liable for the violation of essential contractual obligations and limited to the foreseeable damage. This limitation shall not apply in case of injury to life, body and health. Meritoria GmbH shall not be liable for other damages caused by slight negligence due to a defect of the object of purchase.

(2) Irrespective of any fault on the part of Meritoria GmbH, any liability of Meritoria GmbH in the event of fraudulent concealment of the defect or from the assumption of a guarantee shall remain unaffected. The manufacturer's warranty is a guarantee of the manufacturer and does not represent the assumption of a guarantee by Meritoria GmbH.

(3) Meritoria GmbH shall also be responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred if delivery had been made on time.

(4) The personal liability of legal representatives, vicarious agents and employees of Meritoria GmbH for damage caused by them through slight negligence is excluded.

Applicable law

The contract concluded between you and Meritoria GmbH is exclusively subject to the laws of the Federal Republic of Austria under the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This shall not affect the mandatory provisions of the state in which you have your habitual residence.

Place of jurisdiction

If, contrary to your statements at the time of ordering, you do not have a residence in the Republic of Austria or move your residence abroad after conclusion of the contract or your residence is not known at the time of filing an action, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Linz.

Settlement of disputes

General information duties for alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Final provisions

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the rest of the contract, provided that a contractual partner is not unreasonably disadvantaged by this.

(2) Changes or additions to this contract must be made in writing.