Terms and Conditions

1. Scope:

1.1 The following conditions shall apply to all business relations between Teng Long Trading GmbH & Co KG and its customers. Applicable is the valid version of the day of the contract conclusion.

1.2 Consumer is used as in the meaning of the Austrian Consumer Protection Act (KSchG). A consumer is a natural or legal person who is not an entrepreneur.

1.3 Entrepreneurs are natural or legal persons or partnerships with legal personality for that the present contract belongs to their business. Companies are also long duration organizations who are economically independent. It is not determining whether they are nonprofit organizations or organizations who make profit.

1.4 Customers are both consumers and entrepreneurs.

2. Contractual Partner

Teng Long Trading GmbH & Co KG
Linzer Straße 16/1. OG
A - 3100 St. Pölten
Tel.: +43 (0) 2742/ 26 583 - 0
Fax: +43 (0) 2742/ 26 583 - 10
E-Mail: office@tenglong.eu
Internet: www.tenglong.eu

Managing director:
Registration number:
Competent court:
Jurisdiction:
UID-Number:
Business Type:
Business Object:

Alexander Crasemann
FN 302842 g
Landesgericht St. Pölten
St. Pölten
ATU64069117
Commercial trade
Teaching material

Member of the Austrian Federal Economic Chamber

3. Conclusion of the contract

3.1 The presentation of products in the online shop is only a nonbinding offer. By clicking the button ?place order? you order the goods that are in your basket. After placing an order you immediately get a confirmation. The confirmation does not mean we have accepted the contract. We have the right to accept your order within five days after placement by delivering the goods or sending an order confirmation.

3.2 The customer must give us all data correctly. If necessary he has to update his data. Any costs which are due to wrong data will be charged.

4. Reservation of ownership

4.1 The goods remain the property of Teng Long up to the complete payment.

The customer must handle the goods with care during the reservation of the title.

He must inform us immediately if the goods get executed, damaged or destructed while the reservation of title. The information must be in written form. If there is a change of ownership of the goods, we need to know that immediately. The customer has also the duty to inform us if he changes address. He must compensate us for all damages and costs resulting from a breach of these obligations and necessary intervention against third party access to the goods.

4.3 We shall be entitled, in the case of breach of contract by the customer, especially in case of default of payment, to terminate the contract and demand the goods back. We are also entitled to terminate the contract and demand the goods back, if the costumer breaches a duty expressed in 4.2 and the maintaining of the contract is no longer reasonable.

4.4 However the entrepreneur shall be entitled to sell goods in the ordinary course of its business. He assigns us all claims in the amount of the invoice, which accrue to him by the sale to a third party. The contractor must note that in his books or invoices. We accept the assignment of debt. After the assignment the contractor is allowed to collect the debt. We reserve the right to collect the debt ourselves, if the contractor fails to fulfill his payment obligations or is in default of payment.

5. Prices/Terms of Payment

5.1 All prices are in Euros and include VAT. By sale by dispatch, the price does not include Shipping (see shipping costs).

5.2 Payment can be made either by credit card (transaction is made by Moneybookers/Skrill), PayPal or through sofortüberweisung.de.

We deliver to schools, hospitals, doctors and physiotherapists on account.

Our bank details are:

For customers from Germany:
Commerzbank
BLZ: 74040082
Kontonr.: 620627000
BIC: COBADEFF740
IBAN: DE50740400820620627000

For customers from Austria: 
Raiffeisen Bank St. Pölten
BLZ: 32585
Kontonr.: 1233782
BIC: RLNWATWWOBG
IBAN: AT073258500001233782

5.3 The purchase price is due to payment when the contract is concluded. Delivery will be made after receipt of payment.
We only deliver goods to doctors, physiotherapists, physicians, schools, hospitals and universities without payment in advance. For them the purchase price is due for payment within 10 days after delivery of the goods. After this period, the customer is in default of payment.

5.4 Consumers must pay an interest rate of 5 percentage points above the base rate during default of payment.

5.5 Entrepreneur must pay an interest rate of 8 percentage points above the base rate during default of payment. We reserve the right to prove and claim a higher interest rate against the contractor.

5.6 The customer must to refund all costs which are necessary to collect the debts such as collection fees and all other necessary costs to proceed legally.

6. Delivery/Transfer of risk

6.1 The delivery shall take place ex warehouse to the delivery address specified by the customer.

6.2 If delivery to the customer is not possible, because the goods do not fit through the door, front door or stairway or because the customer is not present at the specified delivery address, although the time of the delivery was announced in time, the customer has to refund the costs of the failed delivery.

 

7. Right of withdrawal

§§ 5e ff of the Austrian Consumer Protection Act (KSchG) affords consumers the following right of withdrawal for distance selling contracts: 

7.1. Right of withdrawal and withdrawal period

7.1.1 The consumer in terms of § 1 Austrian Consumer Protection Act (KSchG), thus a person for whom the transaction is not part of the operation of their company may withdraw from a contract concluded in distance selling or a contractual declaration issued in distance selling without giving any reason.

7.1.2 The withdrawal period shall be seven business days whereby Saturday shall not count as business day. It shall be sufficient for the withdrawal statement to be sent within this period.

7.1.3 In case of contracts for the delivery of goods, the withdrawal period shall begin on the date of receipt thereof by the consumer and, in case of contracts for the provision of services; the period shall begin on the date the contract is concluded.

7.1.4 Should the enterprise fail to comply with the duties of disclosure in accordance with the Austrian Consumer Protection Act, the withdrawal period shall be three months from the dates mention in 1.3 above. If the enterprise complies with the duties of disclosure within this period, the period for exercise of the right of withdrawal mentioned shall begin upon disclosure of the information by the enterprise.

7.1.5 The withdrawal has to be provided in writing (letter, e-mail, fax) to:

Teng Long Trading GmbH & Co. KG 
Linzer Str. 16/1. OG 
A-3100 St. Pölten

7.1.6 The consumer shall have no right to withdraw in case of contracts for audio or video recordings or software provided if the consumer broke the seal on the delivered objects.

7.2. Consequences of withdrawal and bearing of costs:

  • 7.2.1 If the consumer withdraws from the contract, the consumer shall be obligated concurrently to return the goods received thereby.
  • 7.2.2 2 The enterprise must reimburse the consumer for payments made by the latter and for necessary and beneficial expenses incurred by the consumer for the object.
  • 7.2.3 The consumer must return the goods received thereby and pay the enterprise a reasonable fee for use, including compensation for any diminished value of the goods associated with such use; acceptance of the goods in the custody of the consumer shall not and in of itself be deemed a diminution of value.
  • 7.2.4 The consumer may be required to participate only in the immediate cost of the return shipment.

 

8. Warranty

8.1The customer is basically allowed to choose whether he wants repair or replacement. We are entitled to refuse the choice if it is impossible for us or if it is a disproportionate effort compared to the other remedy.

8.2 For entrepreneurs we choose whether we repair the goods or replace them.

8.3 If improvement is not possible or economical the customer can demand a price reduction. Unless it is not only a minor defect, the customer is also allowed to demand cancellation of the contract.

8.4 Entrepreneurs shall inspect the goods for defects within a reasonable period and tell is about any defects within a week after receiving the goods. Otherwise the claim of warranty is excluded. If there are latent defects, we need to be informed written within one week after discovery. It is sufficient if the complaint is sent within the deadline. The company has to proof all his claims, especially the defect itself, the time of discovery and that the complaint was sent in time.

8.5 The warranty period for consumers is two (2) years from date of delivery.

8.6 The warranty period for entrepreneurs is one (1) year from date of delivery.

8.7 We do not give our customers any guarantees in a legal sense. Warranties from the manufacturer are hereby not affected.

9. Limitations of liability

9.1 Our liability shall be limited to malice and gross negligence as outside the application of the Product Liability Act. We are not liable for slight negligence and any third party claims against the costumer. We also do not compensate for consequential damages, economic losses, lost savings or loss of interest.

9.2 These limitations do not apply to damages to health, physical injuries or death of the customer which are attributable to us.

9.3 All due compensation claims from contractual partners or third parties because of product liability according to the Product Liability Act are excluded unless the claimant can prove that we made an error and have been at least gross negligent.

9.4 We are only liable for the content of our website. We are not liable for the content on websites that are linked on our website. We do not endorse third party content. When we are aware of illegal content on external websites, we will block access to these sites immediately.

10. Vertragssprache

The contract terms, customer information and all other information are available in the German language

11. Final Provisions

11.1 Place of fulfillment of the contract and for delivery and payment is the place of business of Teng Long Trading GmbH & Co KG.

11.2 The Austrian law shall apply with the exclusion of UN international trade law.

11.3 For consumers this applies only if there are not any mandatory provisions of law of the state in which the consumer has his common habitual residence.

11.4 As place of jurisdiction for all disputes arising directly or indirectly from the contract is the court which is competent and venue for our business place agreed. If the customer is a consumer this applies only when the consumer has his domicile, common habitual residence or place of employment in the court?s jurisdictional area or when he lives abroad.

11.5 If any provisions of this agreement with the customer are or become wholly or partially invalid, including these terms and conditions, the validity of the remaining provisions shall not be affected. The wholly or partially invalid provision will be replaced by a system whose economic effect is as close as possible to the invalid provision.

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E-Mail: info.moxom@googlemail.com

 

Tel.: +49 (0)34953 8196-0

 

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