of Wiener Porzellanmanufaktur Augarten GmbH
All deliveries and services provided by Wiener Porzellanmanufaktur Augarten GmbH (hereinafter "Augarten") are subject to the following General Terms and Conditions, even if no specific reference is made in individual cases. Supplementary or deviating agreements, such as special conflicting terms and conditions of the customer, require the express written acknowledgement of Augarten, duly signed on behalf of the company, in order to be legally valid.
All orders and commissions become legally binding upon written order confirmation, or in the absence thereof, at the latest upon acceptance of the delivery by the customer.
Unless otherwise agreed, all prices are quoted in euros ex Augarten Vienna (unless otherwise stated). Augarten invoices in euros, with the prices valid at the time of placing the order being legally binding.
Payment can be made by credit card, PayPal, instant bank transfer, SEPA direct debit, Google Pay, and/or Apple Pay.
Furthermore, in the event of default in payment, all other outstanding claims shall become immediately due and payable regardless of their maturity. Augarten is further entitled to withdraw from all current contracts, to suspend deliveries, to make them conditional upon the provision of security, or to effect them only against cash on delivery. The same applies in the event of the full or partial sale of the customer's business, of a change in shareholding in the business, or of a change in the legal form of the customer's business, upon the occurrence of a material change or deterioration in the customer's financial circumstances, or if circumstances come to Augarten's attention only after acceptance of the order that would, on reasonable consideration, give cause for concern regarding the extension of credit. In all such cases, Augarten may exercise its retention of title pursuant to Clause 8 and for this purpose may ascertain and reclaim at the customer's premises the remaining stock from its deliveries, without this resulting in withdrawal from the contract.
All deliveries are made ex works at Obere Augartenstraße 1, 1020 Vienna. Deliveries are carried out by Augarten in accordance with operational capacity. Scheduled delivery dates are non-binding. Claims for damages due to non-performance or delayed performance are excluded. Partial deliveries are permitted and may be invoiced. Performance of contract by Augarten is subject to unforeseeable circumstances or circumstances beyond the control of the parties, such as all cases of force majeure, acts of war, official interventions and prohibitions, transport and customs delays, transport damage, energy shortages, labour disputes, and delivery delays from suppliers for any reason whatsoever. Should dispatch of goods ready for shipment not be possible through no fault of Augarten, or should the customer not wish dispatch to take place, Augarten may store the goods at the cost and risk of the customer, whereby delivery shall be deemed to have been effected. The agreed payment terms shall not be affected by this.
Visible defects that are detectable upon proper inspection at the time of goods acceptance must be reported in writing within 14 days of the goods arriving at their destination, with detailed description of the defect, otherwise the goods shall be deemed approved. Please contact expedit@augarten.at in such cases. Transport damage or losses must be reported to us immediately, together with the simultaneous submission of a damage report signed by the carrier and the customer, to expedit@augarten.at.
Damage caused by weather conditions is excluded from warranty. In the case of justified complaints, we will issue a credit note.
All other warranty claims of the customer are excluded.
Further claims, in particular for compensation for indirect or consequential damages, are not available to the customer. The above exclusions of liability do not apply in cases of intent or gross negligence on the part of Augarten. The burden of proof lies with the customer.
Exclusion of liability for damage arising from repair or restoration of customer-owned property.
The customer is entitled to use the trademarks and logos affixed by Augarten to the goods or their packaging solely for the purpose of identifying the unaltered and originally packaged goods. This does not grant the customer any rights to the trademarks, logos, or any other protected material of Augarten. The customer undertakes to refrain from any use beyond this. Any use of Augarten's trademarks, names, and company symbols in publications or printed materials is permitted only with the prior written consent of Augarten, without exception. The customer also undertakes not to use or seek protection in any form for any confusingly similar or related marks. Documents such as catalogues, brochures, images, and the like, as well as samples, remain at all times the intellectual property of Augarten, protected under the relevant statutory provisions regarding reproduction, imitation, competition, etc. The customer undertakes not to make such documents available to third parties, in whole or in part, or to use them for any purpose other than that for which they were provided, without the prior written authorisation of the other contracting party. In the event that no order is placed, all documents must be returned to Augarten.
The delivered goods or samples remain the property of Augarten until full payment has been received. However, the customer is entitled to resell the goods in the ordinary course of business in the customary commercial manner. If goods that have not yet been paid for are sold, the customer hereby assigns to Augarten the claims arising against third parties. Augarten is entitled to disclose the assignment.
The customer must immediately provide Augarten with all information and documents necessary for the pursuit of all claims. The customer is not entitled to pledge unpaid goods from Augarten or to transfer them as security. The customer is obliged to assert Augarten's right of ownership against third parties and to notify Augarten immediately in writing if third parties raise claims to the goods or if enforcement proceedings are initiated.
The processing of orders requires the collection, storage, and use of personal data. Augarten collects personal data only to the extent that it is provided in the course of placing an order, opening a customer account, in the context of customer communication, or when registering for the newsletter, and only to the extent strictly necessary for the respective purpose.
For the processing of orders, Augarten stores address details and, where applicable, data required for specific payment methods. The data provided will be used exclusively for the fulfilment and processing of the order, without separate consent being required.
The customer may at any time request, free of charge and in writing or in text form, information about the personal data stored, or request the correction, blocking, or deletion of such data. For this purpose, as well as for all other questions relating to data protection, the customer may contact Augarten at the following address:
Wiener Porzellanmanufaktur Augarten GmbH
Obere Augartenstraße 1, 1020 Vienna
datenschutz@augarten.at
The customer may object to the use of their personal data for advertising purposes at any time. The objection should be addressed to the contact address stated above.
In this regard, we also refer you to our Privacy Policy, which provides information on the details of the processing of your data as well as your statutory rights in this respect..
Should any provision of this agreement be invalid, this shall not affect the validity of the remaining provisions. The parties undertake to promptly agree on a new valid provision that comes as close as possible to the economic purpose of the invalid one.
The customer, who holds the status of a merchant, undertakes to use goods received exclusively for retail distribution.
Augarten has the right to withdraw from current contracts in the event of a breach of these provisions by the customer and to refuse future deliveries. For each instance of non-compliance, the customer undertakes to pay a contractual penalty (irrespective of fault) in the amount of Augarten's wholesale price. The customer must immediately provide Augarten in writing with all information necessary to determine the actual damage. Augarten expressly reserves the right to claim damages exceeding the contractual penalty.
Austrian law applies to this contract. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. For disputes arising from the contract concluded with the customer or the General Terms and Conditions underlying the contract, the place of jurisdiction is Vienna.