§ 1 Scope and area of application
The general terms and conditions of the company philamax.com Markus Piribauer (hereinafter referred to as philamax.com) apply to all services and deliveries that philamax.com provides to the client. They also apply to all future transactions, even if no express reference is made to them. philamax.com only concludes/accepts contracts or orders in this respect by applying these general terms and conditions of business and delivery.
§ 2 Payment of fees
1. The payment for the product is to be paid in advance in the online shop philamax.com depending on the chosen method of payment.
2. philamax.com reserves the right to send the products purchased by the client only when the payment has been received on the account of philamax.com.
3. philamax.com price quotations refer to Euro incl. 20% VAT.
4. the product remains the property of philamax.com until full payment has been received.
§ 3 Warranty
The client has to assert any defects in the products purchased by him immediately. The warranty period is 24 months. The liability for possible defects is based on the legal warranty regulations. philamax.com is, however, initially entitled to exchange or replacement of missing items. If exchange or replacement is not possible, the client as well as philamax.com can withdraw from the contract. The description of the products is made to the best of our knowledge and belief, but is regularly subject to subjective assessments and is therefore not a warranted characteristic or a guarantee for the quality of the goods. In the exceptional case of an incorrect description of the product, philamax.com has the right to withdraw from the contract. In this case the purchase price will be refunded to the client.
§ 4 Exclusion of liability
1. philamax.com operates the services and products offered with the highest possible care, reliability, quality and availability. philamax.com is not liable for the content of transmitted data and for the content of data accessible via philamax.com. philamax.com reserves the right to block individual publicly accessible offers if legal regulations, such as the Telecommunications Act, require it.
2. philamax.com is not liable for the content, completeness, correctness etc. of transmitted or requested data and for data accessible via philamax.com.
3. philamax.com is only liable for intentional or grossly negligent behavior of its employees. The liability for damages in case of merely slight negligence is excluded. For claims for damages of any kind such as consequential harm caused by a defect, indirect damage, losses or for loss of profit, damage caused by delay etc. philamax.com is only liable in case of intent or gross negligence. By mutual agreement and expressly, liability is excluded in the case of slight negligence. This exclusion of liability also applies to the personal liability of employees, representatives and vicarious agents of philamax.com.
4. a transformation or price reduction is excluded by mutual agreement.
§ 5 Cancellation policy
You have the right to revoke this contract within 61 (sixty-one) days without giving reasons. The revocation period counts from the date of the postmark.
In order to exercise your right of revocation, you must send us
philamax.com
office@philamax.com
Markus Piribauer
Walcherstrasse 5
1020 Vienna
Austria
by means of a clear declaration by post or by email of your decision to revoke this contract.
In order to comply with the revocation period, your message must be sent before the expiry of the revocation period. The postmark will be used as proof of timely submission.
Consequences of revocation
If you cancel the contract, we will transfer the total amount, excluding delivery costs, back to your account within 61 (sixty-one) days of receiving the returned goods. The goods must be returned or handed over to us within 61 (sixty-one) days after your revocation. You will bear the cost of returning the goods.
You must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
§ 6 Withdrawal
philamax.com is entitled to withdraw from the contract if:
- The Client is in default of payments due, in whole or in part, despite a qualified reminder and the setting of a grace period of 7 days;
- The Client breaches any other material provision of the contract or these GTC;
- If composition, bankruptcy or preliminary proceedings are instituted against the assets of the Principal, or if the institution of such proceedings is dismissed for lack of assets to cover costs;
- The client makes incorrect statements at the conclusion of the contract or has concealed circumstances, the knowledge of which would have prevented philamax.com from concluding the contract;
- If the execution of the delivery or the start or continuation of the service is impossible for reasons for which the client is responsible or is further delayed despite the setting of a reasonable period of grace;
- If doubts about the solvency of the client have arisen and this despite request of philamax.com neither makes advance payment nor before delivery or continuation of the achievement a suitable security furnishes;
§ 7 Out-of-court dispute resolution
Duty to inform according to § 19 AStG and according to § 4 Abs 1 Z 19 FAGG
If, in the case of a dispute between philamax.com and a consumer resident in Austria or in another EEA state, no agreement can be reached on obligations arising from an online contract for products or services concluded via the Internet, philamax.com will refer the consumer within a reasonable period of time in writing (by post or e-mail) to the following bodies responsible for philamax.com for alternative dispute resolution (AS bodies incl. websites)
Internet Ombudsman, Margaretenstr. 70/2/10, 1050 Vienna, www.ombudsmann.at and Schlichtung für Verbrauchergeschäfte, Mariahilferstr. 103/1/18, 1060 Vienna, www.verbraucherschlichtung.or.at and at the same time announce whether philamax.com will participate in dispute resolution procedures of these ADR entities.
General information on the ADR entities and on "Alternative Dispute Resolution" can be found at www.ombudsmann.at and at www.verbraucherschlichtung.or.at.
Information on the procedural guidelines of the Internet Ombudsman for alternative dispute resolution under the AStG (AStG Alternative Dispute Resolution Procedure) can be viewed at: Guidelines_Internet_Ombudsman_AStG-Procedure.pdf.
Link to the EU online dispute resolution (platform)
Information obligation according to Art. 14 of EU Regulation No. 524/2013 (ODR Regulation)
Information on online dispute resolution:
As of the 1st quarter of 2016, the EU Commission will provide an internet platform for online dispute resolution (so-called "ODR platform"), which serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online contracts for goods or services.
The EU Commission's ODR platform can be accessed at the link: ec.europa.eu/consumers/odr
philamax.com can be reached via the e-mail address:
office@philamax.com
§ 8 Changes to the General Terms and Conditions and Fees
1 Changes to the General Terms and Conditions of Business will be announced on the philamax.com website 30 days before they come into force.
2. without prejudice to claims for damages by philamax.com, in the event of withdrawal, services, partial services or products already provided are to be settled and paid for in accordance with the contract. This also applies as far as the delivery or service has not yet been taken over by the buyer as well as for preparatory actions performed by philamax.com.
§ 9 Place of jurisdiction
The place of jurisdiction is agreed to be that of the work contractor, except in the case of legal action against consumers within the meaning of the Consumer Protection Act who have their domicile or habitual residence in Austria or are employed in Austria. Austrian law shall apply exclusively.
§ 10 Expert examination
If the customer wishes an expert examination or re-examination of a philatelic product, this can be ordered before the purchase of a product. The costs for the examination, including shipping and return shipping to the expert, will be notified to the customer in advance and charged separately to the product costs when the order is placed.
§ 11 Products from the Third Reich / German Reich or related products
All products offered from the period of the Third Reich / German Reich are offered or sold for the purposes of civic education, defence against unconstitutional endeavours, art or science, research or teaching, reporting on contemporary events or history or for similar purposes. As long as customers do not make any statement to the contrary, they affirm that they are acquiring such items only for the same purposes.