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hansewerkzeug GmbH · Anton-Windhager-Str. 1 · 5201 Seekirchen · Austria
Phone: +43 (0)6212-307-22 · Telefax: +43 (0)6212-307-231

Landgericht Salzburg FN 282265 x
VAT Registration Number: ATU62810015

Director: Florian Pichler
Standard Business Conditions for the company
hansewerkzeug GmbH

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  1. The following Terms and Conditions are part of the agreement between you (“the buyer”) and us, unless otherwise stated in written form. These Terms and Conditions apply to all our possible goods and services. Any other terms and conditions from yourself do not apply, even if we do not explicitly objected to such provisions on an individual basis.
  2. The current version of these Terms and Conditions at the time of the conclusion of the contract applies. We reserve the right to amend these Terms and Conditions during the contract period between you and us, under the condition that you agree to the amendments. To gain your consent, it should be sufficient that we inform you about the amendments for instance via email, and that you do not object to these amendments within a month. We will inform you separately about the consequences of your failure to respond in such a case.
  3. Our offers, in particular online prices, are without obligation, and subject to change, unless stated differently in our individual written offer to the customer. Such binding offers are valid and binding for four weeks from receipt by the customer. An agreement will either be established via our written order confirmation, or by delivery of the requested good(s)/service(s). The products presented in the catalogue may be subject to change due to production related modifications as well as technical development and modifications of structural dimensions and model changes. The applicable prices are those in our price list/catalogue at the time of order placement.
  4. All prices are our warehouse prices in Hamburg, and unless explicitly stated or agreed upon otherwise, exclude VAT, delivery and package cost, possible custom payments or dues, which are to be paid by the customer.
  5. As regards custom-made items we reserve the right of an excess or short delivery of up to 10%. Such an excess or short delivery does not constitute a defect. In case of custom-made items and consignment orders (items and dimensions differ from the respective hansewerkzeug product portfolio) the rescission of the contract is excluded. Details provided orally, on the finish, dimensions and suchlike require our written confirmation. Cost over-runs, which occur due to provision of a faulty dimension or data shall be paid for by the customer
  6. To fulfil the contract hansewerkzeug is entitled to perform partial delivery and demand preliminary payments. Delivery dates are subject to change, as long as we do not explicitly and in writing state them as “fix”. The performance risk changes over to the buyer, as soon as we or our agents hand over the product to a freight company or carrier, or load it onto our own vehicles in order to ship it to the addressee.
  7. Provided that our customers are merchants, obvious defects shall be communicated in writing without delay, at the latest within 8 days of the delivery or service. Hidden defects shall also be communicated in writing at the latest within 8 days of discovery. If the buyers are not merchants, obvious defects shall be communicated in writing at the latest within 2 weeks, hidden defects in writing within 3 weeks of their discovery. In the case of faulty delivery or poor service, including the absence of warranted qualities (which always has to be agreed on in writing) will we mend the delivery or the service as we see fit, or replace faulty parts or components. Should the remedy or the replacement delivery or service ultimately fail to satisfy, the buyer can request abatement (of the purchase price) or cancellation (of the purchase).
    Warranty claims / claims for indemnity are excluded, if the buyer is a merchant, unless we have acted with gross negligence or intent, or the defect concerns a material contractual obligation or an essential secondary obligation or the product is missing a warranted quality. In case of violating a material contractual obligation or an essential secondary obligation the liability is limited to typically foreseeable losses, and excludes consequential damage. The buyer is obliged to let us examine, and if applicable, exchange the rejected delivery or service. Should the buyer be a merchant, he/she then has to hand over the goods on his/her own cost and risk. We reserve the right to perform the remedy of defects at the customers’ site. Unless permitted by law, the warranty claims / claims for indemnity lapse within a year. We can only be held liable for agents, if they are employees of hansewerkzeug. As regards merchants a maximum liability compensation of €1,000,000 (one million) is provided.
  8. Our invoices shall be payable either within 10 days of issue with an early payment discount of 2%, or within 20 days of issue in full. Is the buyer a merchant, he/she will automatically default when exceeding the given date of payment. In this case we are entitled to charge 10% p.a. on the purchase price; this also applies to a non-merchant buyer when the conditions for default are given. Additional cost for collection and reminder services are to be paid by the buyer.
  9. The buyer may only offset with undisputed or legally binding claims.
  10. hansewerkzeug retains the right of ownership of the delivered goods until the purchase price has been paid in full. Should the buyer be a merchant, the delivered goods will stay in our ownership until all claims, including future claims from the business relationship with the buyer, including the termination of all accounts payable by cheque and draft, which have been established in relation to this business connection, have been fulfilled. We are entitled to take the reserved delivery back if there are indications of insolvency, cessation of payment, or negative disclosure of the buyer; the buyer herewith agrees irrevocable and unconditionally to return the goods. The same applies if the buyer is subject to foreclosure, draft or cheque cases. In the case of interference with our security interest through a third party, especially in case of confiscation or seizure of goods and / or claims, the buyer shall inform us immediately by means of sending the available documents (e.g. seizure protocols, etc.), and advise the third party about our security interest. The buyer is obliged to pay for costs which arise through necessary defensive measures against the interference with our security interest.
  11. Disclaimer: The hansewerkzeug GmbH is not a legal successor of the company FRIWEG Werkzeug Ges.mbH, and does not accept any liability in relation to the company FRIWEG Werkzeug Ges.mbH.
  12. The only place of jurisdiction for all disputes arising of or in relation to provisions between us and the buyer is Salzburg. Applicable law is the law of the Republic of Austria, excluding the CISG (United Nations Convention on Contracts for the International Sale of Goods). If these conditions require a written form, the statutory written form is referred to; excluding the replacement by the electronic from.
  13. Should any of the above conditions be invalid, this shall not affect the validity of the conditions and of the remaining contract. The invalid provision shall be replaced with as close a substitute as economically possible.
  14. We would like to point out that the data necessary for the contract settlement will be stored in our information systems. The compliance with the statutory protection provision against misuse of personal data is ensured.

hansewerkzeug GmbH
Seekirchen, July 2011

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Data protection regulations
for the website of the company hansewerkzeug GmbH

hansewerkzeug sets great value on the protection of your personal data. All activities, in particular online activities of hansewerkzeug are carried out on basis of the guidelines of the European Union and the recommendations of GBDe (Global Business Dialogue on e-Society http://www.gbde.org/). Furthermore hansewerkzeug adheres to the legislation for data protection and data privacy of the Republic of Austria. These data protection information gives you advise on how hansewerkzeug handles the data, which will be collected during your visit to the website of hansewerkzeug, or on websites and mobile services which are operated by hansewerkzeug.
Collection and processing of private data
hansewerkzeug will use all user-related data provided by you (title, name, address, date of birth, email address, phone number, fax number, bank details, credit card number) only in accordance with the provisions of the German Data Protection Act. Should a data transfer be necessary, e.g. for billing purposes, hansewerkzeug states that the transfer will be restricted to the agent processing the data, and that the agent will also fully comply with the data protection regulations.
Basic user information
Your user-related data, as they are deemed necessary for the establishment, the contract design or the amendment of the contractual relationship (basic user information), will be used exclusively for the processing the contract(s) between us, such as for the delivery of services to you. Usage of your user-related data beyond this process, such as for the purpose of advertising, marketing research or customisation of our offers requires your explicit agreement. You are given the option to grant this agreement prior to your order. This declaration of consent is given absolutely voluntarily, and can be accessed at our website, or revoked on request from you any time at info@hansewerkzeug.at.
Other user-related information
Additional user-related data, which is required to allow the usage of our service and billing processes (other user-related information) will at first also be used exclusively for processing the contract between you and hansewerkzeug. These other user-related data are, in particular, features to identify you as our customer, data about the duration of your visit as well as about the extend of the respective usage, and information about the tele-media you were using as our client. This user-related information can be used in addition for advertising, market research or to design our tele-media according to needs with alias user profiles. You have the right and the option to retract the usage of your user-related data via email to info@hansewerkzeug.at.
Usage and transfer of personal data
hansewerkzeug uses your personal data exclusively for the purpose of technical administration of the website, to grant you access to special information and other communication, and especially for execution of the contract with you. hansewerkzeug will transfer you personal data to third parties only for billing purposes, and only if the transfer is contractually required, and if the agent also complies with the data protection regulations of hansewerkzeug. The staff of hansewerkzeug are bound to confidentiality. If your personal data have changed (e.g. postal code, postal or email address) you can contact hansewerkzeug via email at info@hansewerkzeug.at to correct or update your information.
Cookies

Cookies are small files which will be temporarily stored on your hard drive. Cookies are only used to collect information about the usage of the website. By this means it is possible to identify your PC again the next time you access our website. Cookies do not contain personal information, so the protection of your privacy is ensured. Your browser will accept cookies automatically depending on your settings. You can change the settings of your browser any time, and use the website without cookies.
Security
hansewerkzeug guards your user-related data against loss, damage, fraud, manipulation, and unauthorised access in compliance with the statutory data protection regulation of the Republic of Austria. hansewerkzeug is advising all parents and custodians to guide their children in the responsible handling of user-related information online as well as in other telecommunication networks. Children should not transfer any personal data to the website of hansewerkzeug without consent of their parents or their custodian! hansewerkzeug agrees to not knowingly collect personal data pertaining to children, to use in any way, or disclose it to third parties without authorization. This statement of data protection relates to all websites and services of hansawerkzeug. The websites can contain links to other providers within and outside of hansewerkzeug, to which these data protection statement does not extend. If you leave the website or service of hansawerkzeug, we recommend to thoroughly read the data protection regulation of each website which collects private data.
Right of access
Should you have questions regarding of the processing of your personal data, please contact our data protection official: Solicitor Platzbecker, BKP & Partner, Palmaille 96, 22767 Hamburg, Germany Phone: +49 40 4600 8966. Upon your request you will receive a written statement on basis of the applicable law, detailing whether and what personal data pertaining to you is stored at hansewerkzeug.

▲ Standard Business Conditions | ▲ Data Protection Statement