GTC

General Terms and Conditions (GTC)

"BRICKMO" is a service provided by SCALEMO GmbH and is 100% owned by it.

SCALEMO GmbH
Dieselstraße 1
A 4623 Gunskirchen

VAT AT: ATU 73654949
VAT DE: DE320706934
Companies' register: FN499333p Wels Regional Court

Managing Directors: Thorsten Aspetzberger, Walter Erbler BSc

General information
The General Terms and Conditions apply to the sale and delivery of goods by SCALEMO GmbH. Any other conditions of the buyer are only valid if we have agreed to them in writing or otherwise officially authorised them. By placing an order, the buyer agrees to these terms and conditions and to be bound by them. The company SCALEMO GmbH only enters into contracts with customers who are natural persons of full legal capacity and who are at least 18 years of age, or with corporate entities. Our product range is non-binding. The presentation of products in our online shop does not constitute a legally binding offer; instead, it is a non-binding online catalogue. By clicking the "Buy" / "Place order with obligation to pay" button, you will be placing a binding order for the items in your basket. Confirmation of receipt of the order follows immediately but does not constitute acceptance of the contract. We may accept your order by sending an order confirmation email or by delivering the goods within two days.

Placing an order
Placing an order can only be done once you have entered your email address and delivery address. You need to register as a "new user" before placing your first order. For future orders, it is sufficient to enter the login and password you provided when you first registered. For transactions with 'consumers' within the meaning of the Austrian Consumer Protection Act, these General Terms and Conditions apply only inasmuch as they do not contradict any mandatory provisions of the Consumer Protection Act.

Language of the contract
The content of the contract, all other information, customer service, data information and handling of complaints are exclusively in the German language, unless otherwise specified.

Prices
Unless otherwise stated, all prices are daily gross prices "ex works", including statutory VAT and all shipping costs. The manufacturer reserves the right to make changes to the price (as a result of fluctuations in the exchange rate and technical modifications). If, in the course of shipping, export or import duties are due, these must be borne by the buyer.

Sales to business people within the EC will not incur Austrian VAT if a VAT registration number is provided, but will incur VAT in their home country. The VAT number must be provided when placing an order. The invoicing of all services will be exclusively in euros.

Right of withdrawal/revocation
You can find instructions under the separate "Right of revocation" menu item.

Delivery
The customer bears the cost of shipping from the Wels factory, provided that no other arrangement is made.

Service content
SCALEMO GmbH reserves the right to change the range of "BRICKMO" services offered at any time. The prices for the goods and services provided by "BRICKMO" do not include costs that are charged by third parties. Shipping costs are charged separately. Delivery is made exclusively by the transport service providers specified during the ordering process.

Shipping costs
All shipping costs are borne exclusively by the buyer, unless otherwise specified. Detailed shipping costs can be found in a list under the separate "Shipping costs" menu item.

Payment methods, payment
Payment terms: payment is due immediately upon receipt of invoice. The place of performance for payment is the registered office of SCALEMO GmbH. Payment on account is not available. In case of default in payment, all dunning and collection costs must be repaid, as well as interest of 12% as agreed. A charge of €6.50 will be added for each reminder. This also applies to debt collection by third parties.

You will be charged on the same day as you place your order. Claims against us from consumers cannot be assigned without our express written consent. Justified complaints do not entitle you to withhold the entire sum, but rather an appropriate portion of the invoiced amount which you must agree to in consultation with us.

Transfer fees must be borne exclusively by the customer.

Bank account details
SCALEMO GmbH
Raiffeisenbank Gunskirchen eGen (mbH)
IBAN: AT19 3412 9000 0005 7869
BIC: RZOOAT2L129

Pre-orders / reservations
For all items that are sold in advance with €20.83 excl. VAT as a down-payment / pre-order, the down-payments will be withheld without exception in the event of cancellations; they will not be rebooked or refunded.

Exclusion from the right of revocation
Certain items are completely excluded from the right of revocation. If an item is excluded from the right of revocation, you will find information about this in the respective description of the item.

Retention of title, warranty, liability, guarantee
The goods remain the property of SCALEMO GmbH until full payment has been made for the goods ordered. Until payment for the goods is complete, the customer is not permitted to pledge the goods, use them as securities, or grant third parties other rights to them.

As of 01/01/2002, the warranty is limited to the legally prescribed term of 24 months.

Faults which arise must be reported on delivery or discovery, without detrimental legal consequences for the customer, who is a consumer in the sense of the Consumer Protection Act (KSchG), for failing to do so. In the case of justifiably reported defects, we will choose whether to offer an upgrade, a price reduction or a free replacement, carried out within a reasonable time frame.

If the purchase is a commercial transaction for the customer (B2B) in accordance with Section 1 KSchG (377 (1) of the Commercial Code (HGB)), the customer must inspect the goods straight away on delivery and notify us of any faults as soon as they are discovered.

SCALEMO GmbH is only liable for damage caused by intent and gross negligence, with the exception of personal injury. The existence of minor or gross negligence, except in consumer transactions, must be demonstrated by the injured party. Compensation for secondary faults or damage, as well as damage to property or assets, or damage caused to the customer by third parties is excluded. SCALEMO GmbH as the operator of "BRICKMO" provides services with the utmost care but is not liable for the services provided by third parties or obtained from third parties.

Any claims for compensation which the contracting party or a third party bring against us in the name of "product liability" in the sense of the Product Liability Act (PHG) are excluded unless the party seeking redress can demonstrate that the error originated under our control and constitutes, at the very least, gross negligence.

The guarantee is subject to the provisions of the goods manufacturer concerned and may additionally be described in the guarantee card as enclosed.

Applicable law and place of jurisdiction
The contractual parties agree, insofar as there are no mandatory provisions to the contrary, that Austrian law applies.

If the contractual partner is a consumer, then any mandatory provisions in the law of the country in which they have habitual residence apply to this contract.

For disputes arising from the contract, provided the contractual party is a business owner, the registered office of our business shall serve as the place of jurisdiction. If the contractual party is a consumer, they may also take action against SCALEMO GmbH either in Austria or in the courts of the state in whose territory they reside. If the contractual party, at the time of concluding the contract, had their domicile or habitual residence in Austria, claims by the contracting party against SCALEMO GmbH may only be brought before Austrian courts.

Place of performance
The place of performance for all goods and services, as well as payments under the contract, is the registered office of SCALEMO GmbH.

Copyright
All messages, graphics and the design of SCALEMO GmbH's website and its "BRICKMO" range are used exclusively for the personal information of our customers. Customers use this site at their own risk. All data associated with this range of products is subject to protection under Section 4 and Section 87a et seqq. of The Copyright Act.

The reproduction, copying and printing of any part of the website is only permitted for the purposes of ordering from SCALEMO GmbH. Any other type of processing, copying, dissemination, and/or public reproduction exceeds the normal use of this service and represents a breach of copyright.

Miscellaneous
The invalidity, nullity or annulment of individual provisions does not affect the validity of the remaining provisions of these General Terms and Conditions.

The United Nations Convention on Contracts for the International Sale of Goods and any other provisions which are based on this Convention are explicitly excluded.