General Terms & Conditions
of KEX GmbH
Status: März 2021
1. Scope
2. Contract language
3. Applicable law, place of jurisdiction and place of performance
4. Online dispute resolution platform
5. Conclusion of a contract
6. Prices, shipping costs, due dates and default
7. Delivery
8. Risk
9. Duty to provide information
10. Cancellation policy
11. Retention of title
12. Warranty
13. Manufacturer Warranty
14. Extension of warranty
15. Liability
16. Safety and usage information
17. Disposal information
18. Processing Fees
19. Force majeure
20. Severability Clause
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1. Scope
These general terms and conditions (hereinafter referred to as “GTC”) of KEX GmbH , Mantscha 268 , 8045 Mantscha (hereinafter referred to as “ KEX ”) in the version valid at the time of the order apply to all contractual agreements between KEX and private (consumer s ) or commercial customers (entrepreneurs n ) be completed.
By placing an order, the customer agrees to these terms and conditions. These terms and conditions apply to all future business, even without another express agreement.
Changes and additions to the General Terms and Conditions as well as verbal agreements that deviate from the content of these General Terms and Conditions only become effective with a written confirmation by KEX . KEX expressly contradicts any general business or purchasing conditions of the customer. General terms and conditions submitted by the customer that deviate from these GTC are not valid unless their validity has been expressly agreed in writing.
2. Contract language
The contract language is English. All other information and tasks are offered in English.
3. Applicable law, jurisdiction and place of performance
This Agreement and concluded with the inclusion of these Conditions of contracts are subject to Austrian substantive law to the exclusion of the Convention of the United Nations on Contracts for the International Sale of Goods ( U N Sales Law), unless mandatory rules of the law of the State in which the customer - the consumer is - his stay has priority. If the legal transaction is not concluded with a consumer, the parties agree on the exclusive jurisdiction of the competent court in Graz. The legal place of jurisdiction applies to consumers. Performance is the registered office of KEX .
4. Online dispute resolution platform
The EU Commission offers the possibility of online dispute resolution on an online dispute resolution platform operated by it. This dispute settlement platform can be reached via the external link http://ec.europa.eu/consumers/odr .
5 . Conclusion of contract
All offers from KEX are invitations to the customer to make an offer. The offers from KEX are non-binding. Subject to printing and typographical errors. An order can only be made if the customer details are fully specified.
The customer's order represents a binding offer by the customer to conclude a contract . The receipt of the order is confirmed after the order has been sent by an automated e-mail (order confirmation), which does not yet constitute acceptance of the contract. The contract comes into effect when the customer pays the (purchase) price.
Information on the goods offered by KEX that are not attributable to KEX, provided in catalogues, price lists, brochures, advertisements on trade fair stands, circulars, advertising mailings or other media (information material) , are non-binding, unless they have been expressly declared in writing by KEX to be part of the contract.
6 . Prices, shipping costs, due dates and default
The total price stated at the end of the ordering process is a final price including the statutory value added tax and other packaging, transport, loading and shipping costs for customers who are to be regarded as consumers . The statutory value added tax and other packaging, transport, loading and shipping costs are shown separately during the ordering process, but are included in the final price. Should the contractual circumstances or the agreement excl. Transport have been made, these agreements also apply.
For customers who are not to be regarded as consumers, the stated product prices (also in cost estimates ) are net prices excluding VAT, unless otherwise stated. Any packaging, transport, loading and shipping costs are not included in these prices, unless otherwise stated. The packaging, transport, loading and shipping costs will be charged according to expenditure.
Unless a discount has been expressly agreed, the customer is not entitled to deduct a discount. The purchase price is due immediately with the order by the customer, unless otherwise agreed.
KEX accepts the following payment options:
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Direct bank transfer
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Instant bank transfer
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Credit card ( Mastercard , VISA)
The debit takes place immediately with the conclusion of the contract.
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PayPal
The customer receives the data on which PayPal account payment is to be made when placing the order. Payment is processed by the payment service provider PayPal (Europe) Sarl . et Cie , SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at https://www.paypal.com or - if the customer does not have a PayPal account - subject to the Conditions for payments without a PayPal account, available at https://www.paypal.com .
In the event of default in payment, default interest at the statutory rate will be charged from the due date of the claim (in the case of transactions between companies, however, expressly 9.2% above the respective base rate of the Austrian National Bank). Furthermore, in the event of default in payment for transactions between companies, a flat fee of € 40.00 will be charged for operating costs. Any further (statutory) claims remain unaffected.
As far as it is not the end-consumer, it is considered as a corporate customer and entitled to a complaint of the goods at the time of goods only. Offsetting own claims against the claims of KEX is inadmissible to the extent the claim is not disputed or not legally established or not is related to the liabilities of the customer.
7 . delivery
KEX executes the order without undue delay. The goods ordered are shipped - if they are in stock - generally within 2 working days from receipt of payment . If the goods are not in stock, KEX will inform the customer of the expected delivery date by email. However, dates and delivery dates are non-binding and are only indicative unless they are expressly declared binding in writing.
The delivery address provided by the customer is decisive for delivery, unless otherwise agreed. If delivery to the customer is not possible because the customer does not accept the ordered goods or has not correctly specified the delivery address, the customer bears the costs for the unsuccessful delivery. If the customer is not a consumer, he is obliged to notify KEX as well as the forwarding agent, post office or other carrier immediately after detection of any transport damage in writing or by e-mail .
KEX reserves the right, at its own discretion, to send multiple orders either separately or collectively, especially if the ordered quantities are not available all at once.
8 . Risk
As far as the customer is a consumer, the general legal provisions of the transfer of risk apply. If the customer , who is to be regarded as a consumer, has concluded the transport contract himself without using one of the options suggested by KEX , the risk is transferred to the carrier as soon as the goods are handed over.
If the customer is a business customer, the risk of loss or damage to the goods is transferred to the customer as soon as the goods are handed over to the carrier or supplier (EXW).
9 . Information obligation
The customer must truthfully inform KEX of all information and facts necessary for the provision of the service. Changing circumstances, particularly changes to the data of the customer (name, address, e-mail) are KEX note immediately bring .
10 . Right of withdrawal
See specific document on cancellation policy.
11 . Retention of title
The delivered goods remain the property of KEX until all claims from the contract including interest, discounts unjustifiably withheld by the customer or deductions not recognized by KEX , costs incurred and the like, for whatever legal reason, have been paid.
As long as there is retention of title and not all claims have been settled in full, the customer undertakes to treat the goods with care and to comply with due diligence. Pledging or assignments by way of security prior to full payment are excluded. If the goods seized or confiscated or to be accessed any other way by third parties, the customer has the ownership of KEX to point, this must be notified immediately and all the enforcement of property rights required information and documents to KEX to convey.
12 . Guarantee
If the customer is a consumer, the general statutory provisions of warranty law apply. The guarantee is to be understood as KEX's statutory liability for defects that the purchased goods have at the time they are handed over to the customer. Defects that only occur at a later point in time are generally not covered by the guarantee. Warranty claims are to be asserted within a period of two years from the handover, whereby KEX has to prove within the first six months from the handover that the defect did not exist at the time of handover. KEX is the responsibility Leis t ungsfall to improve or authorized replacement. Only if the improvement or the exchange is impossible or would involve a disproportionately high effort for KEX or if KEX cannot meet the exchange or improvement request or cannot meet it within a reasonable period, the customer is entitled to a price reduction or conversion ( complete cancellation of the contract see ) to desire.
If the customer is not a consumer, the customer must check the goods for completeness and compliance with the order immediately upon receipt. Obvious defects are to be reported immediately after receipt, in the case of a proper inspection recognizable defects within 8 days after receipt, other defects within one week after their discovery in writing and with a detailed description of the defect. If the complaint is not made, the acceptance is deemed to have taken place and any warranty is excluded. In the event of a proper complaint, the provisions of warranty law apply.
The entrepreneurial customer always has to prove that the defect already existed at the time of handover. The entrepreneurial customer must allow KEX at least two attempts to remedy defects . If the improvement or the exchange is impossible or would involve a disproportionately high effort for KEX or if KEX cannot meet the request for exchange or improvement or cannot meet it within a reasonable period of time , KEX is entitled to reduce the price or convert (complete cancellation of the contract).
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13 . Manufacturer guarantee
If a manufacturer has given a voluntary promise that the goods will function properly for a certain period of time (manufacturer's guarantee), the manufacturer's guarantees apply. The conditions and limitations of the respective manufacturer's guarantees can be found in the respective guarantee provisions.
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14 . Extension of the warranty for BLU smartphones
KEX grants the customer a total warranty period of 3 years, to which the statutory provisions on warranty and the relevant provisions of these terms and conditions apply analogously.
However, this does not apply
a) All products that are NOT assigned to BLU smartphones or their brand.
b) Defects or damage caused by accident, abuse, abnormal use, abnormal conditions, improper storage, contact with liquid, moisture, moisture, sand or dirt, neglect or unusual physical, electrical or electromechanical stress
c) Scratches, dents and cosmetic damage, unless these were caused by BLU or our contractually bound partners
d) Defects or damage caused by excessive force or use of a metallic object when pressing a touch screen
e) Devices where the serial number or extension data code has been removed, defaced, damaged, altered or made illegible
f) normal wear and tear
g) Defects or damage caused by the use of the products in connection with or in connection with accessories, products or additional / peripheral devices that have not been supplied or approved by BLU
h) Defects or damage resulting from improper testing, operation, maintenance, installation, servicing or adjustment that was not supplied or approved by the BLU
i) Defects or damage caused by external causes such as collision with an object, fire, flood, dirt, storm, lightning, earthquake, weather, theft, blown fuse or improper use of an electrical source
j) Defects or damage caused by the reception or transmission of cellular signals or by viruses or other software problems in the products; OR
k) Products used or purchased outside of Europe . This limited warranty only applies to batteries if the battery capacity drops below 80% of nominal capacity or if the battery leaks, and this limited warranty does not apply to batteries if
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The battery was charged by a charger that was not specified or approved by BLU for charging the battery
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All seals on the battery are broken or tampered with out point
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The battery has been used in devices other than the BLU device for which it is specified.
15 . liability
As far as the customer is a consumer, the general statutory liability provisions apply . Liability for slight negligence in the event of property damage is excluded. Claims for damages become statute-barred within 2 years (3 years for BLU smartphones) from knowledge of the damage and the perpetrator.
As far as concerns the customer is no consumer is liable KEX ni cht for a particular success , and in any case only for rough school of duty injuries and only up to the fair market value of the goods ordered by the customer. Liability for slight negligence is excluded. Moreover liable KEX only for typical and foreseeable damage, ie for those whose occurrence upon conclusion of the known circumstances at this time reasonably W was expected else. Claims arising from (deficiency) consequential damages as well as damages for which the customer can obtain insurance coverage or which are controlled by the customer, for any other indirect Schäde n and losses or profits and generally assets s amage, especially from poor, of non- or late performance, are expressly excluded. The claims for damages to which the customer, who is not a consumer, is entitled in accordance with the above provisions , expire within six months from knowledge of the damage and the party causing the damage; the compensation for damages under the Product Liability Act is based on the statutory statute of limitations. Liability for recourse within the meaning of Section 12 PHG is excluded, unless the person entitled to recourse can prove that the error was caused by KEX and was at least grossly negligent.
Liability for damages based on circumstances caused by force majeure, strikes or unforeseeable delays by the suppliers or manufacturers for which KEX is not responsible or other comparable results that are beyond the control of KEX is excluded vis-à-vis corporate customers .
16 . Safety and usage information
The goods delivered by KEX are to be handled and operated in accordance with the operating instructions or instructions; Any handling or operation of the delivered goods contrary to the operating instructions or instructions lies exclusively in the customer's own area of ​​responsibility
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17 . Disposal advice
Batteries and rechargeable batteries - insofar as they are present in the goods - must not be disposed of with household waste , but the customer is legally obliged to return used batteries and rechargeable batteries. Old batteries can contain pollutants which, if not properly stored or disposed of, can damage the environment or human health. However, batteries also contain important raw materials and can be recycled. The customer can return used batteries to collection points of municipalities or municipal associations or to collection points of manufacturers of portable batteries .
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18 . Handling fees
KEX reserves the right to charge processing fees of EUR 40.00 to the customer . This then , if the goods are not properly returned does not comply with KEX according to e the goods Retournierung or if KEX by one of the customers of the manual or - instructions opposite Handling A EXPENSES arise .
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19 . Force majeure
If the customer is not a consumer, Force Majeure or other unforeseen obstacles in the sphere of KEX releases them from compliance with the agreed obligations. In particular, operational and traffic disruptions, improper provision of services by subcontractors, transport interruptions or production stoppages also count as force majeure; For the duration of the aforementioned hindrance, KEX is released from the obligation to provide services, without the customer being entitled to a price reduction or other compensation.
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20 . Severability clause
D ie invalidity of any provision of these Terms and Conditions allows all other provisions upright. The void provision is to be replaced by an economically equivalent or similar but permissible provision , provided that it is not a consumer in this regard.