Terms and Conditions

General Terms and Conditions (as of July 2023)

I. General:

All deliveries, services or offers from MAPE Neuheiten Vertrieb e.U. ("MAPE") are made exclusively on the basis of these General Terms and Conditions ("GTC"). The GTC become part of every contract between MAPE and its customers. Deviating and/or supplementary agreements require confirmation by MAPE to be legally effective.

II. Conclusion of Contract and Delivery:

1. All offers from MAPE are non-binding and subject to change. Customer orders represent the offer, to which the customer is bound for 5 days. The contract is only concluded upon transmission of the order or shipping confirmation. MAPE is entitled to reject customer offers without stating reasons.

2. All stated prices are gross, including statutory VAT and any other duties, but excluding shipping and delivery costs. The final price (incl. shipping and delivery costs) is visible during the order process in the "checkout" step.

3. Unless otherwise agreed, the prices listed on this website on the day of the order shall apply.

4. All deliveries are "ex works". The ordered goods will be delivered by parcel service to the delivery address provided by the customer at the time of order. The costs for packaging and transport are to be borne by the customer.

5. The delivery time is usually 3 to 5 working days, but no longer than 30 days after the conclusion of the contract.

III. Change of Address: The customer is obliged to inform MAPE of changes to their residential or business address as long as the legal transaction subject to the contract has not been fully performed by both parties. If this notification is omitted, information shall be deemed to have been received even if sent to the last known address.

IV. Retention of Title:

The products delivered by MAPE remain the property of MAPE until full payment. Resale by the customer is only permitted if MAPE has been informed in good time, stating the name or company and the exact business address of the buyer, and MAPE has agreed to the sale. At the same time, the customer must submit a copy of the invoice and record the assignment for security purposes in their books. In the event of consent, the customer's purchase price claim is deemed to be assigned to MAPE, and MAPE is entitled at any time to notify the third-party debtor of this assignment.

V. Warranty:

1. For all goods purchased from MAPE, the statutory warranty provisions apply. The statutory warranty period is two years. For goods with digital elements, the warranty for the digital service applies for the duration of the provision obligation, but at least two years.

2. MAPE is liable for damages based on an intentional or grossly negligent breach of duty by MAPE or persons attributable to it.

Furthermore, MAPE is liable for the breach of essential contractual obligations, the breach of which jeopardizes the achievement of the contract purpose or whose fulfillment is essential for the proper execution of the contract, also for slight negligence, and this also for its vicarious agents. Beyond this, MAPE is not liable for damages caused by slight negligence.

The aforementioned limitations of liability do not apply in cases of injury to life, body or health, for liability for damages that fall within the scope of protection of a guarantee or assurance given by MAPE, as well as liability under the Product Liability Act and for fraudulently concealed defects.

Insofar as the limitations of liability apply, they are also valid for the personal liability of vicarious agents, employees, and other persons attributable to MAPE.

VI. Set-off:

Offsetting with counterclaims of the customer is excluded, unless MAPE is insolvent, the claim is not legally related to the customer's liability, or has been legally established or acknowledged by MAPE.

VII. Dispute Resolution:

1. The European Commission provides a platform for online dispute resolution (OS):

http://ec.europa.eu/consumers/odr/

Customers have the option to use this platform for resolving their disputes.

2. National alternative dispute resolution bodies (AS bodies) are:

• Internet Ombudsman:

http://www.ombudsmann.at/

• Conciliation for Consumer Transactions: http://www.verbraucherschlichtung.or.at/

3. MAPE is neither obliged nor willing to participate in online dispute resolution. Complaints can be sent directly to MAPE at office@mape.at.