General Terms of Business for Final Consumers
1. General provisions
The following General Terms of Business of Österreichische Blechwarenfabrik Pirlo Gesellschaft m.b.H. & Co ("Pirlo") apply to the conclusion and processing of contracts of sale via the Pirlo webshop, provided that the customer is a consumer. A consumer is defined as someone who orders goods in a non-commercial capacity.
2. Conclusion of contract
By sending an order, the customer is submitting a binding offer to conclude a contract of sale. Immediately after sending an order, the customer shall receive confirmation that the order has been received. This confirmation of receipt is not an acceptance of contract, but merely information that the order has been received by Pirlo. Acceptance is effected by a written order of confirmation from Pirlo. If Pirlo does not accept an order (for example because the goods ordered cannot be supplied), Pirlo shall promptly notify the customer thereof. If neither an acceptance nor refusal of order has been made within ten days of the order date, the customer may withdraw the order. Notice of order withdrawal must be made in writing.
3. Terms of delivery
Pirlo will send the ordered goods to the delivery address specified by the customer. Pirlo will make every effort to comply as precisely as possible with specified delivery dates. If the ordered goods have not arrived at the customer after ten days have elapsed since a specified delivery date, the customer may withdraw from the contract after extending the deadline by at least five more working days. The extension of deadline and the notice of withdrawal must be in writing to obtain effect (an email suffices).
The specified delivery dates are conditional on our being supplied in a timely manner. Pirlo may withdraw from the contract if Pirlo is unable to meet a delivery date because it has not been supplied by its own suppliers.
Pirlo has fulfilled its duty to supply when the goods have been given to the carrier. The customer bears risk of damage or loss in transit, if he/she has agreed to the shipping method, or if Pirlo chooses a standard shipping method (post, parcel service). The goods shall remain the property of Pirlo until the purchase price has been paid in full.
4. Right of withdrawal
The customer may withdraw from the contract within 14 working days after receiving the goods without stating the reasons. Saturdays are not considered working days. Notice of withdrawal must be made in writing.
The return shipment should be sent to the following address:
Dosenprofi.com, Pirlo GmbH & Co KG
Before delivery of the ordered goods, the customer will generally receive a written confirmation of order containing a summary of all the information required by law in respect of the contract of sale that has been concluded. If, in exceptional cases, the goods are received before this confirmation is received, the notice period for withdrawal shall not commence until the confirmation has been received.
In the event of a withdrawal from the contract, Pirlo shall reimburse to the customer any payments that have been made. Any goods that have been delivered must be returned to Pirlo by the customer at his/her own expense. If the customer has already used the goods, Pirlo may charge a reasonable amount for such use and require that the loss in value due to use be reimbursed. The mere fact that the customer has taken possession of the ordered goods is not considered such a loss of value.
5. Prices and payments
If the customer defaults on payment, he/she shall owe Pirlo default interest at a rate which is 8% above the applicable basic rate. Pirlo may bill costs of up to EUR 7.00 for each reminder to pay; chargeable collection letters may be sent at 14-day intervals.
If payments are made by direct debit and a bank giro debit is wrongly cancelled, Pirlo may charge the ensuing costs to the customer (bank charges plus a processing fee of up to EUR 5.00). This provision shall not apply if the cancellation is not the fault of the customer.
6. Warranty and damages
If the delivered goods are defective, Pirlo shall replace them with non-defective goods. Rapid processing of warranty claims is ensured when the customer reports the defects using the Service Centre of the webshop (by clicking on "Service Centre" in the customer menu after logging in to the webshop). If defects are reported using the Service Centre, the goods complained of shall be collected from the customer. If the customer does not report the defects using the Service Centre, he/she must inform Pirlo about the defective goods in writing by some other means and shall return the goods himself/herself to Pirlo. In either case, Pirlo shall bear the costs of returning the goods, provided that the customer has correctly reported the goods as being defective.
If Pirlo fails to replace the goods within 20 working days, or if replacement of the goods is unreasonable for the customer, the customer may demand a reduction in price. If the goods are unusable, the customer may withdraw from the contract under the aforesaid conditions. The period for replacing the goods shall commence as soon as the report of defective goods has been received by Pirlo via the Service Centre. If the customer does not use the Service Centre, the period for replacement shall commence when the goods have been received by Pirlo. Delays resulting from customer behaviour shall extend the period for replacement.
Pirlo bears liability towards the customer only for damages that are caused by gross negligence at the least. Damages for personal injury are excluded from this limitation of liability.
7. Data protection
Provided the customer has given his/her consent, Pirlo will use the customer’s contract data to advertise for its own products, in particular to send product information. Customer data is otherwise processed only to the extent required to fulfil orders.
Should any provisions of the contract of sale or these Terms of Business be invalid, this shall not affect the validity of the other provisions in the contract or Terms of Business.
Contractual relations between the customer and Pirlo are governed by the laws of Austria, excluding its principles governing the conflict of laws and excluding the UNCITRAL conventions on the international sale of goods.
The following General Terms of Business of Österreichische Blechwarenfabrik Pirlo Gesellschaft m.b.H. & Co ("Pirlo") apply to the conclusion and processing of contracts of sale via the Pirlo webshop, in cases where the customer is a entrepreneur. An entrepreneur is any person who orders goods for his or her business. All transactions are concluded solely on the basis of the following terms of delivery and payment. Terms of purchase used by the customer are non-binding, even when we do not explicitly oppose them, or when they do not contradict the contents of the following terms of sale and delivery.
1. Conclusion of contract
Our offers are non-binding. All contracts and additional agreements, including those made with our representatives, require our written confirmation to obtain validity. Even when conclusion of contract has already been confirmed in writing, we are not bound to such a contract until we have received all the information and documents we require in order to fulfil the transaction.
A company affiliated with us may enter into a concluded contract in our place, without having to obtain the consent of the customer. Once the customer has been informed of such accession to the contract, the affiliated company shall become the sole contractual partner of the customer, with all rights and duties. When online orders are placed via our webshop, the customer shall receive confirmation, immediately after an order has been submitted, to the effect that the order has been received by us. This confirmation of receipt is not a confirmation of order; in the case of online orders, we send confirmations of order by separate email.
2. Prices and terms of payment
Offers are non-binding. The stated prices do not include value added tax, and in cases of doubt are for delivery ex works. They have been calculated on the basis of current costs. If production and delivery costs (especially costs for personnel, raw materials and energy) increase for reasons beyond our control, we are entitled to correct our prices accordingly. In such cases, the customer does not have a right of withdrawal.
If the purchase price is denominated in a foreign currency, the customer bears the risk of any deterioration in exchange rate relative to the euro for the period between conclusion of contract and receipt of payment. If the customer defaults on a foreign currency debt, we may also demand payment in euros, at our discretion; in such a case, we have the right to choose between the exchange rate on the due date and the exchange rate on the date of payment.
Invoices must be paid in accordance with the agreed terms of payment. Bills of exchange will not be accepted except with our express agreement and only as payment pending full discharge of the debt. Our representatives are not entitled to receive payments. If the customer defaults on payment, he/she shall owe us default interest as permitted by law, at least to the sum of 12% per annum. The customer is also obliged to pay reminder fees amounting to EUR 10.00 per reminder, and to reimburse us the standard fees for any reminders sent by our lawyers. Payments discharge debts only if they are credited to a bank account as specified in the respective invoice.
In the event of default or partial default on a payment, all outstanding debts from all business transactions with the customer shall become immediately payable, regardless of any agreed terms of payment. In such cases, we also have the right, at our discretion, to withdraw wholly or partially from contracts concluded with the customer. Circumstances which cast doubt on the creditworthiness of the customer and which we do not obtain knowledge of until after conclusion of contract entitle us to retain any goods which we owe to the customer, and to render payable all amounts which are owed to us by the customer; we may, at our discretion, withdraw from any contracts that have already been concluded.
The customer is not permitted to retain payments due to counterclaims or to set off payments against counterclaims. This principle does not apply to counterclaims we have acknowledged, which have been established by a final court decision, or which are based on the same contractual relationship.
Deliveries are made at the customer's risk, even when the agreed price includes delivery free to the designated destination. A transport insurance policy will be taken out only on the customer's written instructions and at the customer's expense. If the agreed prices include free delivery to a designated destination, we may choose the means of transport to be used. Additional costs for a different type of transportation chosen by the customer shall be borne by the latter. If orders are placed via our webshop, the goods are covered by the transport insurance policy of the logistics service provider we use for delivery.
Delivery periods commence on our receipt of order, but not before the customer has provided all the requisite documents and information and has clarified all details regarding execution of order. Deadlines shall be extended by the duration of time that the customer defaults on his/her duties under this or any other transaction.
Claims to damages based on delayed fulfilment or non-fulfilment will not be accepted if the delay is due to mere negligence.
4. Defective goods
Defects in the goods delivered must be notified in writing within five working days of receipt of goods, otherwise all warranty claims shall be forfeited. In the case of hidden defects, notification must be made immediately after discovery. The goods shall be deemed to be accepted free of defects once they are subjected to further processing. We have the right to inspect any alleged defects in the goods. To this end, the customer shall make available to us the goods complained about, or shall send the goods to us at our request. Should it transpire that the alleged defect does not exist, or does not give rise to warranty claims, the customer shall bear the costs for inspection of defects.
If the customer has ordered the goods online in the webshop, the complaint of defects must be made online within the deadline using the Service Centre (by clicking on "Service Centre" after logging in), otherwise the warranty claims shall be forfeited. In this case, the goods complained about will be collected and returned to us without the customer having to take any further action. If our inspection of defects shows that the goods complained about are free of defects, the customer shall bear the transport costs. This shall have no impact on the provisions in sub-section 4.1 above.
Warranty claims by the customer will not be accepted if the volume of defective goods does not exceed 1% of the total order volume. In the case of quality defects, we may choose between improvement, replacement of the goods and granting a reasonable price reduction. If we choose to remedy such defects or to replace the goods, and fail to do so within a reasonable period, the customer may demand a reduction in price. If we grant a reduction in price, we have the right to require concurrent surrender of the defective goods. We will not accept any claims for defective goods that go beyond the aforesaid, and in particular will not accept any damages claims based on mere negligence.
The warranty period is six months. It is not extended if the customer grants a warranty to a consumer due to defects in the goods, or becomes liable to recourse towards a customer on the grounds that one of his downstream suppliers has granted a warranty to a consumer.
We do not bear any liability for damages caused to the customer due to mere negligence.
6. Retention of title and assignment as collateral
Delivered goods shall remain our property until the purchase price has been paid in full. If the goods are processed, in particular if delivered containers are filled, we acquire co-ownership of the processed goods in proportion to the ratio of the value of the goods to the work involved and any other materials used.
As long as the buyer is not in default with any payments, he/she may resell the goods in the normal course of business. The customer assigns to us as collateral the trade receivable (or the proportion of the receivable if the goods have been processed) arising from resale of the goods. At our request, the customer shall note the assignment as collateral in his/her business records und shall inform us on request of the name and address of the third-party debtor.
7. Production aids, specimens and packaging
Sketches, designs, lithographs, embossing stamps and tools shall be set off at a proportionate rate only, and shall remain our property even after the costs have been paid. They shall be kept for follow-up orders for a period of three years. The customer bears liability for any infringements of copyright or industrial property rights, and for any violations of competition law.
We shall comply as far as possible with prescribed weights, thicknesses and dimensions; however, we provide no guarantee against slight variances. For technical reasons, we are unable to provide any warranty for compliance with colour tones. Delivery costs for production aids shall be borne by the customer.
Pallets, skeleton containers, stacking frames for skeleton containers, and returnable cartons remain our property and shall be returned to us within eight weeks after invoice date, in a reusable state and carriage free, otherwise such packaging materials shall be invoiced at cost price. Non-returnable cartons will not be taken back. Pallets and cartons that are delivered with an order placed on our webshop are the property of the customer and therefore need not be returned to Pirlo.
8. Governing law and place of jurisdiction, invalidity of individual provisions
The contractual relationship is governed by the laws of Austria, under exclusion of the UNCITRAL conventions on the international sale of goods. The place of jurisdiction for any disputes arising from this contract is Kufstein.
If a provision in these contractual and delivery terms is invalid, this shall have no effect on the validity of the remaining provisions. The invalid provision shall be replaced by a permissible rule that comes closest to the invalid provision.
If delivery of the goods is delayed through no fault of our own, the goods will be stored at the customer's risk. If we are prevented from fulfilling our duty to deliver by events over which we have no control, we are exempted from these duties to deliver for the duration of such events and their immediate consequences, without the customer having claims to damages. Such events include scarcities of raw materials, labour, power or fuel, transport or operational disruptions and similar events in our company and our subcontractors, as well as all cases of force majeure.
All goods, including those for delivery on call, must be called up within six months after receipt of order. When this deadline has expired, we have the right to bill the storage costs to the customer or to deliver the goods; in either case, we have the right to make the purchase price due for payment.
Partial deliveries are permissible. We reserve the right to deliver up to 10% excess or shortage on the ordered amount.