General Terms and Conditions

1. Scope of Application
a) These General Terms and Conditions of Sale and Delivery apply to all deliveries of goods made by Jindrak KG based on distance selling orders. By placing an order or, at the latest, by receiving the goods, the customer agrees to these General Terms and Conditions of Sale and Delivery.
b) Amendments or collateral agreements require confirmation by persons authorized to represent our company and registered in the company register to be valid, and apply only to the individual business case. Our other employees are not authorized to agree to amendments or collateral agreements to these General Terms and Conditions of Sale and Delivery.

2. Conclusion of Contract
a) Our offers are entirely non-binding. Customer orders constitute an offer in the legal sense, to which the customer is bound for three weeks. The contract is concluded only upon payment. A separate notification of acceptance to the customer is not required.
b) An order is only possible if all mandatory fields (fields marked with an asterisk) are filled out. Before submitting the order, the customer receives a summary of the order content, including prices, which they can still correct or confirm. Receipt of the order by us will be confirmed by an automatically sent email, which, however, does not yet constitute acceptance of the order. Messages reach us only during normal business hours (Monday to Friday from 9:00 AM to 4:00 PM, with the exception of public holidays in Austria). Messages received on our server outside these hours are considered received only on the next working day.
c) The customer is aware that the internet is not a secure communication medium and that data sent via the internet can become known to others and can be altered by third parties. The customer bears the risk that data may not reach us or may not reach us in the form sent by them. We are entitled to trust that the data, in the form we receive it, was sent by the customer.

3. Prices
a) Our prices include the statutory Austrian VAT, excluding delivery costs and any ancillary services, unless other delivery conditions are specified in the currently valid price list. For deliveries outside Austria, the respective applicable export and import duties will also apply.
b) For our deliveries, we also charge a flat rate for packaging and shipping (“delivery costs”), the specific amount of which depends on the product ordered and the delivery location.

4. Delivery and Delivery Time
a) Shipment is at the customer’s risk to the delivery address provided by them during the order, unless it is a consumer transaction.
b) Delivery dates are non-binding. The customer is entitled to exercise the right of withdrawal only if we fail to deliver despite a written grace period of at least two weeks.
b) The delivery period shall be extended by the duration of the hindrance caused by all circumstances beyond the parties’ control, such as cases of force majeure, unforeseeable operational disruptions, official interventions, transport and customs delays, transport damage, rejection of important manufactured parts, and labor disputes.
c) Insofar as partial deliveries are possible, they are also legally permissible. Each partial delivery is considered a separate transaction and can be invoiced separately by us.

5. Warranty
Except in cases where the right to rescission is granted by law, we reserve the right to fulfill warranty claims at our discretion through repair, replacement, or price reduction. The contractual partner must always prove that the defect already existed at the time of handover.
The goods must be inspected immediately after delivery. Any defects found must be reported to us immediately, but no later than five days after delivery, stating the nature and extent of the defect. Hidden defects must be reported immediately after their discovery. If a notice of defect is not raised or not raised in time, the goods are deemed approved. The assertion of warranty claims or claims for damages due to the defect itself, as well as the right to challenge the contract due to error based on defects, are excluded in these cases.
The warranty period for movable goods is six months, and for immovable goods, three years from delivery/performance.

6. Damages
Except for personal injury, we are only liable if at least gross negligence is proven against us by the injured party. Claims for damages expire six months from knowledge of the damage and the party causing it, and in any case, one year after the provision of the service or delivery.
Claims for damages in cases of slight negligence are excluded. This does not apply to personal injury.

7. Payment Terms
a) Our invoices must be paid immediately before the start of the delivery period using one of the following credit cards:
Mastercard, Visa
The specified credit card will be charged immediately after the order is submitted. Credit card data is not stored in any form.
b) The customer may only offset claims in the event of our insolvency or with related, undisputed, or legally established claims. Entrepreneurs within the meaning of the KSchG (Consumer Protection Act) may only assert a right of retention with regard to such claims.

8. Retention of Title
Until full payment of the price, including all ancillary charges, the delivered goods remain our sole and unrestricted property. Until then, they are merely goods entrusted to the customer, which may neither be sold nor pledged, neither given away nor lent. The customer is not entitled to dispose of these items without our prior express consent and bears the full risk for the goods entrusted to them in every respect, especially the risk of destruction, loss, and deterioration.

9. Applicable Law, Place of Performance, Jurisdiction
a) The legal relationship with the customer shall be governed exclusively by Austrian substantive law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
b) The place of payment and performance for all obligations arising from this contract is Linz.
c) For all lawsuits brought against a consumer who has their domicile, habitual residence, or place of employment in Austria due to disputes arising from this contract, one of the courts in whose district the consumer has their domicile, habitual residence, or place of employment shall have jurisdiction. For consumers who do not have a domicile in Austria at the time of concluding the contract, the statutory places of jurisdiction apply.

10. Data Protection
The customer agrees that the data disclosed during the order and order processing will be collected, processed, stored, and used for our accounting purposes, as well as for internal market research and marketing purposes. The data will be used by us to comply with legal regulations, process payments, and for advertising purposes.

11. Miscellaneous
a) Deliveries and declarations of intent shall be legally effective to the address provided by the customer in the order until a different address is communicated in writing. The customer is obliged to provide complete and correct relevant data requested in the form when concluding the contract. In the event of incorrect, incomplete, or unclear information provided by the customer, the customer shall be liable for all costs incurred by us as a result. The customer is obliged, otherwise liable for damages, to immediately notify us in writing of any changes to their name, address, or change of residence. In the event of failure to do so, any written communication sent to the customer’s last known address shall be deemed sufficient for the requirements of effective delivery.
b) Any transfer of rights from the contract concluded with us to third parties requires our written consent.