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1.1. The terms and conditions (GTC) of EBLTD apply to all in the future business to be transacted with customers. From the customer provided deviations from these conditions are only effective written and explicit recognition by us.
1.2. The contractual relationship between EBLTD and the client is only by the written contract concluded with the client, which regulated the applicable charging rules, service-/productdescription and terms and conditions. The said contract components are in the order listed in order of priority.
1.3. The use of terms and conditions of the customer is excluded.
1.4. Verbal or telephone agreements and written and oral agreements with our representatives are only binding on us if they are confirmed in writing. The customer will be made explicitly aware that the sales staff are not authorized to make by the terms of different agreements.
1.5. In our contracts and general rules apply that Saturday not a working day.
2. Justification of the contract
2.1. The contractual relationship is founded upon a written offer of the customer and written acceptance or "positive" adoption by providing the expected services by EBLTD.
2.2. Supplies and services to persons under 18 years are excluded.
2.3. The customer is obliged to submit on tenders for separate request by EBLTD an official photo identification or a business book excerpt (or similar evidence of his business property), as well as to provide necessary evidence for the existence of a subscription or power of attorney and an Austrian bank or credit card details must present the appropriate card customers.
2.4. EBLTD is entitled to the acceptance of the offer of adequate security by the customer in the form of a deposit or a reasonable fee, advance payment depending.
2.5. Furthermore, we are entitled to review any time the customer information and their credit by gathering information from reputable authorized organizations (eg, credit protection association).
2.6. EBLTD can reject the offer by the customer at any time without notice for any reason.
3. Shipping and Cancellation Rights
3.1. In one part delivery is to understand as the delivery of goods, the other hand also the beginning of the provision of services. Deliveries are always "off the shelf" EBLTD.
3.2. All delivery dates are an approximation. The obligation to comply with delivery dates, we accept only on condition of undisturbed course of business.
3.3. If a product is not available temporarily or permanently, the EBLTD will inform the customer immediately about the non-availability. The EBLTD will then - in consultation with the customer - refund the payment, deliver not currently available items at a later time or another product to the customer's choice.
3.4. Partial deliveries are permissible. EBLTD reserves the right to deliver larger amounts in denominations smaller package sizes. The shipping costs will be charged in this case only once.
3.5. The consequences of force majeure or similar unforeseen events by us or our suppliers, eg Operations or traffic problems, fire or flood, labor, energy or raw materials shortages, strikes, lockouts to release official measures, we adjust the obligation to make timely delivery and giving us the right to make further deliveries without compensation and without requirement for subsequent delivery.
3.6. Right of withdrawal according to § 3 of the Consumer Protection Act: Does the consumer the contract either in the premises of EBLTD be completed at a fair or information booth EBLTD, he may, within one week to withdraw from the contract. This period begins with the handing over of the contract, but not before signing the contract. The withdrawal must be in writing and must be sent within the period stated above to EBLTD (postmark). The customer has no right to withdraw if he has initiated the business itself or if that occurred before the conclusion of the contract no discussions between the parties.
3.7. Right of withdrawal under § 5e Consumer Protection Act: If a consumer has given his contract, at a distance, he is entitled to cancel within seven working days (with Saturday does not count as working days) from the conclusion of the contract, if other than the provision of the contractual performance has already begun ( § 5f Consumer Protection Act).
3.8. Cash on delivery or payment on delivery / collection is not removed the goods from the buyer or the seller canceled through no fault or the agreed payment is not paid within 30 days, then is EBLTD a cancellation fee equal to 20% of order value (net value) but at least 9 € excl VAT for customers in Austria and 18 € excl VAT for foreign customers, too. Any additional, proven expenses and losses can be made in addition.
3.9. Delivery of already paid goods (in advance, credit card, debit and other electronic means of payment) is not removed the goods from the buyer or the seller canceled through no fault, it is EBLTD a cancellation fee equal to 20% of order value (net value), but at least 9 € excl VAT for customers in Austria and 18 € excl VAT for foreign customers, too. Any additional, proven expenses and losses can be made in addition.
3.10. Cancellation of a contract: A reversal of an order is valid if the buyer makes an application for cancellation of an order and that application of EBLTD is assumed detectable and in writing. In this case, EBLTD a cancellation fee amounting to 20% of order value (net value), but at least 9 € excl VAT for customers in Austria and 18 € excl VAT for customers abroad. Any additional, proven expenses and losses can be made in addition.
4. Benefits of EBLTD
4.1. The services are provided by EBLTD due to the terms and conditions of each product description and the price/conditions.
5. Customer services
5.1. The customer uses the online service of the EBLTD, then the customer agrees to maintain the chosen password confidential to prevent unauthorized use of customer's account by third parties.
5.2. The customer will immediately report any change of address, company name, business location, billing address, legal form and its sales tax liability in writing. Should not this change message so the documents are considered the customer as to be received when they were sent to the customer's last known address or paying agent.
6. Responsibility for Content
6.1. EBLTD assumes no responsibility for the Internet by "links to other websites" content made available, especially the external links to manufacturer sites or product descriptions.
7. Codes / Passwords
7.1. Is a special code (eg identification number / PIN code or password) required for the use of a service, than the customer is obliged to keep this code confidential. Suspected of having knowledge of the code by an unauthorized third party, the customer has to change the code immediately, or - if this can be done only by EBLTD - instruct EBLTD without delay with the change of the code.
7.2. If services of EBLTD are used by unauthorized third parties using a code claimed, then the customer is liable for all charges incurred thereby to unreefing of the order to change the code in EBLTD.
8. Retention of title
8.1. We retain ownership of all delivered goods until full payment of the invoice amounts.
9. Prices and Payment
9.1. EBLTD provides the customer with the services agreed in the contract at the prevailing rates and charges include VAT charged.
9.2. The fees are based on the applicable payment provisions of EBLTD.
9.3. EBLTD is entitled to change the terms and conditions and the product/service description or prices at any time.
9.4. Our prices are based on the existing placement of the offer in circumstances, including the then applicable regulations. If these change, then change to reflect our prices.
9.5. The invoice amounts are due within 5 working days from receipt of invoice and no later than 8 working days from the invoice date without any deduction and free of charges payable to us, unless a different, agreed on the invoice, terms of payment.
9.6. EBLTD is entitled to any extortion fees due to the customer and the accrued necessary and appropriate enforcement costs into account.
9.7. If the customer, despite warning, delays his payment by, we are entitled to charge default interest at a rate of 14% pa, and the actually incurred to assure proper operation necessary reminder and collection expenses and legal costs. The customer is explicitly pointed out that EBLTD reserves to hand over the claim costs after the first dunning level to a collection agency or a lawyer. Additionally, all fees will be charged to the end of the current contract period prematurely due.
9.8. The withholding or set-off by the customer due to counter-claims of any kind is always excluded, except those that are legally established in court or accepted by us in writing.
9.9. Any objections to invoices the customer must be made at EBLTD in writing within 14 calendar days to submit the invoice. The no objections within that period shall constitute acceptance of the invoice.
9.10. An objection on the part of the customer against bills does not exempt from the payment thereof.
9.11. Unless the customer at a bank debit or credit card transaction process; has to pay the invoice amount, net take place within 5 working days of receipt of invoice and no later than 8 working days from the invoice date, plus a designated in terms of charges the money order fee.
9.12. If the customer at a bank debit or credit card transaction process; EBLTD is entitled to charge for each unpaid direct debit or debit entry to the customer in a processing fee set forth in the current price list amount invoiced.
9.13. In the absence of a dedication by the customer, where several contractual relationships payments paid at the discretion of EBLTD.
10. Sharing of costs, payment of taxes
10.1. The customer has to bear all costs, taxes and other charges, the designated due to the use of the service by him or by him created user.
10.2. Power and communication costs (telecommunications provider) between the customer and EBLTD be borne by the customer. Deviations require written confirmation of EBLTD.
11.1. Failure to comply with the deadline for payment of fees EBLTD is entitled to one-time reminder with a deadline set to fulfill this contract and the customer's access to him and the connected consumer to the service to terminate. The customer shall still be in this case, to pay the monthly fees plus the cost incurred collection expenses and blocking according to the applicable pay provisions.
12. Warranty and Liability
12.1. The warranty period is 6 months after receiving the goods. EBLTD is only guaranteeing to defects that existed at the time of transfer of risk. Small commercial or technically unavoidable differences in quality do not justify claims.
12.2. A Quantity of the goods must be notified in writing. Obvious defects must be reported within two weeks of receiving the goods. The notice period is preserved by sending the notice of defects to the EBLTD.
12.3. For all if any defects of the goods or services, we are at our discretion, by repair or replacement.
12.4. The cost of returning the goods to the customer. These will be reimbursed by EBLTD be legitimate complaints.
12.5. The use of the products is at your sole risk and the risk of the customer.
12.6. The products are so delivered, as it currently exists, without any express or implied warranty is not given particular regard to the desire of copyright or other rights of merchantability or fitness for a particular purpose.
12.7. Neither EBLTD nor any other person involved in the development, production or supply of the products are liable for damages of any kind, in particular, they are not liable for consequential damages such as loss of profit, as a result of the use of the Service or the impossibility or difficulty of use of service or as a result of the breach of a warranty obligation incurred. Furthermore, we are not liable for the loss of profits due to delayed or defective delivery, for adverse effects from caused by this breakdown, transportation costs, in connection with the replacement of the defective arise with perfect goods, for any removal and replacement costs as well as for the customers of the customers against any claims that we also assume no liability for gross negligence. A legal basis of mandatory requirements nevertheless proven to be refunded and damage is limited to 1 times the amount of the purchase price. We are responsible for our own negligence and that of our agents, but not for simple negligence.
12.8. The customer EBLTD from any liability arising from the use of the freely made as agreed at EBLTD for the customer set up bank account.
12.9. EBLTD is not liable for failures or interruptions in the course of official investigative activities caused. Compensation claims are not substantiated by this. If a customer such investigative activities by intentional or grossly negligent contravention of the above Standards have been shown to be caused, he is liable for all damages and other customers EBLTD cause.
12.10. The exclusions do not apply if liability is essential to this Agreement under the applicable laws.
12.11. The client acknowledges that the conditions apply also to others.
13.1. We investigate, process and store stem and call data and other personally identifiable information that we obtain under the contract or credit checks as part of knowledge.
13.2. Furthermore, source IP and destination IP, log files and the like of the customer, where this process for the operation and maintenance of services to protect their own and the computer by third parties is required.
13.3. Unless expressly agreed otherwise in writing, shall be submitted by the EBLTD and mediated information as confidential.
13.4. Data according to paragraph 13, 13.1 and 13.2 be deleted in the normal ten years after termination of the contract. We are under no obligation to provide proof of cancellation.
13.5. EBLTD guarantees that personal data of customers are the best of our knowledge only within the company or its employees EBLTD made available. Except here is the transfer of data for recovery of outstanding receivables to lawyers appointed by us or collection agencies.
13.6. EBLTD take all technically and economically reasonable measures to protect stored data against any unauthorized access. Unless EBLTD can not intentional or grossly negligent disregard their duty of care, the recovery of damages resulting from wrongful access to the stored data is excluded.
13.7. As far as the customer is not expressly prohibited, Master data for marketing and promotional purposes, provided that relate to services of EBLTD used.
13.8. The customer agrees to be that under the agreement that he has the contract data on the person and on presentation of a separate consent form, the data of the customer's customer, stored, modified and / or deleted and transmitted to another party if not the transmission of manifest interests of the customers were injured. The storage and distribution other than the mere exchange data for billing purposes and to fulfill obligations under the Telecommunications Act (Telecom Act) requires prior written approval of the customer and its customers.
13.9. EBLTD is obliged to disclose information under paragraph 13, 13.1 and 13.2 and other relevant records on request by an authority, a court or the judicial police.
14. Promulgation of the Terms
14.1. The terms and conditions, product descriptions and the specific benefits of EBLTD charging rules at any time based on EBLTD via email or by fax, or can be viewed on our website homepage.
15.1. Goods sent to us for repair, storage or other reasons, we are authorized to sell by private treaty, if the customer does not compy to our two-time request by registered letter to pick up the product.
15.2. Commercial resale of the purchased goods or services from us, their commercial or forwarding or agency is prohibited if we do not agree in writing.
15.3. For unsolicited manuscripts, pictures or samples, we assume no liability.
15.4. Demands of the customers or end users connected him under this contract must be claimed within one year after its creation, otherwise enters limitation.
15.5. If any provision of this Agreement be or become invalid, the validity of the remaining provisions shall not be affected. The contracting parties shall, if a provision is invalid, agree on a new provision that comes close to the intended regulation and is legally possible.
15.6. As far as a contract with our customers not only the direct use of the regulated services, remain all obligations and limitations of the customer and of its designated users over the term of the contract valid.
15.7. Also employees, freelancers, such as representatives etc. of EBLTD, have the right to rely directly on the decisions taken in this Treaty provisions on the limitation of liability.
15.8. EBLTD is entitled to transfer their acquired rights and obligations in this Agreement to a successor. EBLTD will inform the customer in the particular case of this.
15.9. Activated, the customer as a reseller, so he has the obligation under the contract to pay its customers and to ensure in the event of unlawful use of the service and the data line for the immediate eradication.
15.10. Payment and performance is Victoria.
15.11. The court of jurisdiction for both parties, the competent court in Panama City agreed.
15.12. This agreement and its implementation is only the law of the Republic of Panama.
15.13. All contracts and service agreements that we sign are built from the law of Panama.
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