GENERAL TERMS AND CONDITIONS OF SALES; USE AND DELIVERY OF
FLUIDFORMS WALTER & WILLIAMS OG
§ 1 General Information
This site is operated and owned by the in Austria registered firm:
FLUIDFORMS WALTER & WILLIAMS OG
(Commercial Court Graz: FN 266249v)
represented by Hannes Walter (Chief Executive Officer) und Stephen Williams (Chief Technology Officer)
The company is hereafter referred to as "Fluid Forms".
§ 2 Use of the website
1) To the extent permitted by law we and/or our suppliers make no representations or warranties about the accuracy, completeness, satisfactory quality or suitability for any purpose of, the information contained in the documents and related graphics published in the site or any of the products of whatever nature details of which appear on the site.
2) All such documents and related graphics are provided, and such products (where ordered) are accepted by you on an "as is basis". Your statutory customer rights are not affected.
3) We reserve the right to change prices listed without notice. Prices are correct at the time of order only and relate to internet purchases only. All orders for products are subject to availability and we reserve the right to refuse to supply any particular person.
4) The information contained in the site may contain technical inaccuracies or typographical errors. All liability of Fluid Forms howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
5) Any losses incurred or sustained by users who transmit information by means of e-mail or other internet link will be borne solely and exclusively by such user and in no event will any such losses in whole or part be borne by us.
6) We are not responsible for the content of any off-site pages or any other sites linked to the site nor have we reviewed any such site. If you link to any off-site pages or other sites without our prior written permission, such action will be at your own risk. We cannot be held responsible for the contents of any web site which is electronically linked to the site and which is not maintained by us.
7) All site design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this site are the copyright of Fluid Forms. All rights reserved.
8) Permission is granted to electronically copy and to print in hard copy portions of the site for the sole purpose of placing an order with us or using the site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without our prior written permission, is strictly prohibited. Expeditions are the use of images and texts, provided for journalistic purposes on special areas such as the Fluid Forms newsroom / press area or the company blog. In any case, Fluid Forms has to be contacted, prior the use of any data, copyrighted by Fluid Forms.
§ 3 Conclusion of the Contract
1) The "products" on the Fluid Forms website represent non-binding invitations for the customer to place an order on Fluid Forms. Fluid Forms offers information in English and German on the website.
2) By filling in and sending off the order form on the Internet, the Customer makes a binding offer for the conclusion of a contract of purchase and/or a contract for work and materials.
3) Receiving a order from the customer does not mean, that this order is accepted by Fluid Forms. You will promptly, generally within one working day, receive a confirmation of your order by E-Mail. The order confirmation does not represent an acceptance of the offer but shall only acknowledge to the customer that their order was received by Fluid Forms. We will deliver the ordered goods subject to availability. In the case of unavailability you will be informed. We retain the right to refuse delivery to particular persons. Orders from dealers may only occur through direct contact.
4) The contract only materialises when Fluid Forms dispatches the product ordered to the Customer and confirms the dispatch to the customer by sending a Shipping Confirmation via emails.
§ 4 Delivery / Shipping
1) The delivery of serial products take place in general within 2-5 days after the receipt of the order, depending on availability. The delivery of individually designed products takes place promptly after production, in general within 5 - 10 days. Delivery dates and times are only binding if they are expressly confirmed as such by Fluid Forms in writing.
2) In the case of delayed delivery you will be promptly informed. Claims for damages due to non timely delivery that are without intent or gross negligence are excluded to the fullest extent permitted by law. Binding delivery appointment agreements require the written form. The specified delivery times are subject to the commissioned parcel services and a therein non-binding. We do not deliver to Post-office boxes. Upon receiving the goods, responsibility is carried by you.
3) For orders under a particular level, a charge for shipping and handling applies. The exact price is based on the weight and size of your order, the country the order gets shipped to and the shipping option you choose. More information can be found at www.fluid-forms.com.
4) Delivery shall be conducted by a shipment service provider chosen by Fluid Forms.
§ 5 Price and Tax
1) All prices are quoted in Euro. The calculated VAT reflects the rate in the particular country of the delivery address and is included in the purchase price. The price for any order displayed on the order summary represents the exact purchase price including shipping costs and tax. The prices at the time of order apply. Fluid Forms accepts no responsibility for transfer errors.
2) The goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.
§ 6 Payment
1) Payment will be carried out according to the customer´s choice of either direct debit, credit card, advance payment or other payment methods. Fluid Forms reserves the right to limit the method of payment chosen by the customer depending on order value, shipment region or other objective criteria.
2) Payment after delivery or different from the offer needs written confirmation by Fluid Forms.
3) Fluid Forms is entitled to make use of the services of trustworthy third parties for the handling of the payment.
4) If it comes to a default of payment of the customer, Fluid Forms is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties.
§ 7 Passing of property
1) We will retain the property in the products until full payment has been made by you and has been received by us
§ 8 Guarantee
1) Information, drawings, figures, technical data, specifications of weight, measurements and services, which are contained in brochures, catalogues, newsletters, ads or price lists only are of an informational nature. No responsibility is accepted by Fluid Forms for the correctness of this information. Regarding type and scope of delivery only the information shall be decisive which is contained in the order confirmation.
2) As far as there is a defect in the goods which falls under warranty, the customer shall be entitled in the context of statutory regulations to demand supplementary performance, withdraw from the contract or a reduction in purchase price.
3) In the case of return shipments due to defects Fluid Forms will also pay for the cost of postage.
4) Data communication via the internet, considering the current state of the technology, cannot be guaranteed at any time. Thus, Fluid Forms shall not be liable for the continuous and uninterrupted availability of the on-line offer.
5) The term of limitation for claims under warranty for the goods provided is two years starting from the receipt of such goods. If the customer is in business then the term of limitation is one year.
§ 9 Limitation of Liability
1) Fluid Forms only bears unlimited responsibility for damages, no matter what the legal ground, in the case of deliberate action and gross negligence. In addition, Fluid Forms also bears unlimited responsibility for damages in cases of mild negligence resulting in loss of life, bodily harm or damage to health. In the case of mild negligence and breach of an essential contractual obligation (cardinal obligation) Fluid Forms´s liability is limited to the payment of the foreseeable, typically occurring damage. Liability of Fluid Forms according to the Austria Product Liability Act remains unaffected by the above mentioned provisions.
2) As far as liability of Fluid Forms is excluded or limited in these general terms and conditions then the same applies for personal liability for damages on the part of employees, representatives and agents of Fluid Forms.
§ 10 Acceptance
1) You will inspect products within a reasonable time after their receipt and you will be deemed to have accepted the products unless within seven working days after their receipt you notify us that the products are rejected (this does not however affect your statutory customer rights). If no such action is taken, we will consider the products being as described, of satisfactory quality and fit for their purposes, and may not accept any rejection at a later date.
1) You must contact us within 14 days of delivery of the products by fax or e-mail. A products may be returned without reason but will only be accepted in its original packaging and in unused condition. We retain the right not to grant a refund if these conditions are not met.
2) Products, which are ordered as unique, personalized item, which get laser engraved or personalized in any other way according to the specifications of the customer are excluded from right of cancellation. This occurs especially, if the physical form of the product is produced according to the wishes of the customer. The customer notices, that this is a specific production order to produce this product especially for him.
3) In cases where the rejection of the products is due to a defect or discrepancy in the order, you will receive a full refund of the purchase price and the delivery charge, This refund will be credited to your credit or debit card. Products must be returned before the refund can be issued.
4) In cases where the rejection is due to an incorrect order from you or to dissatisfaction, you are still entitled to a full refund, less a fee of EUR 30,- for handling and postage.
5) The notice of cancellation or return of the goods should be addressed to:
FLUIDFORMS WALTER & WILLIAMS OG
Fax: +43 316 890 203 15
Email: Send us an Email
§ 12 Deviation of individual products
1) Individualised Products that are designed and commissioned with the help of our web-application, are unique items and are produced especially for you. We point out that due to the nature of production and natural materials the final product may differ slightly to the computer representation of the product on the website. This applies to the form of the product, the appearance of the material and the personal engraving. The Earth series of products are for this reason not suitable for scientific purposes.
2) Claims for damages due to discrepancies between the computer representation of the product and the finally produced product are excluded.
§ 13 Assembling
1) Due to reasons pertaining delivery goods may be partially assembled. You alone carry the responsibility for correct assembly of the products. If needed, Fluid Forms provides a manual instruction.
§ 14 Copyrights
1) If the Customer provides his/her own motif, sketch, algorithm, software code, idea or otherwise influences the product, the Customer assures Fluid Forms that the text, motif or any other data are not subject to any rights held by third parties. In such case the cost of any breaches of copyright, personal rights or rights to the use of a name will be borne solely by the Customer. The Customer also assures Fluid Forms that by personalising the product he is also not breaching any other rights held by third parties.
(2) The customer releases Fluid Forms from all demands and claims which are made due to the infringement of such third-party rights, as far as the customer is responsible for the breach of duty. The customer shall reimburse Fluid Forms for all defence costs and other damages resulting from any such action.
§ 15 Data Protection
1) Fluid Forms uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering products are used by Fluid Forms for fulfilment and handling of the contract. This data is treated confidentially by Fluid Forms and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which Fluid Forms has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.
§ 16 General
1) 1 If any part or parts of these terms and conditions are deemed invalid, void or unenforceable, then that part or those parts will be considered severable from these terms and conditions thereby not preventing the remainder from being enforceable or effective.
2) These terms and conditions may be revised at any time and we reserve the right to do so. You are, therefore, advised to keep up to date with the contents of these terms and conditions as revisions are binding upon you.
§ 17 Place of Jurisdiction – Place of Fulfilment – Choice of Law
1) Place of fulfilment for all services is the place of business of Fluid Forms in Graz, Austria.
2) As far as the customer is a merchant according to the Commercial Code of Austria (HGB), a legal entity under public law or special fund under public law, then Graz is the place of general jurisdiction. In such case, Fluid Forms is also entitled to sue the customer according to the opinion of Fluid Forms at their resident court. The same applies if the customer does not have their place of general jurisdiction in Austria, relocates their place of residence or habitual residence abroad after conclusion of the agreement, or their place of residence or habitual residence is unknown at the time of filing of an action.
3) If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.