General terms and conditions
New Systems Handels GmbH
UID-Nr.: ATU 650 464 07
Handelsgericht Wien Mitglied der WKÖ
Legal form: GmbH
Chamber affiliation: Wirtschaftskammer Österreich, Fachgruppe „Handel“
Behörde gem. ECG (E-Commerce Gesetz): Bezirkshauptmannschaft Mödling
Legal regulations: Trade regulations (www.ris.bka.gv.at)
Page policy: The web page and the free newsletters, forums or blog posts that can be obtained via the web page serve to provide information about offers, activities and developments of "New Systems Handels GmbH" as well as to provide information about goods and services of the company and to promote the sales of the same.
1. Validity of the general terms and conditions
These General Terms and Conditions (GTC) apply to all offers, deliveries, services and the sale of goods by the company "New Systems Handels GmbH". If a contract is concluded on the basis of these GTC, they shall apply to all further transactions with this customer, even if no further reference is made to them.
By registering on the website (online store), subscribing to the newsletter or placing an order, the customer acknowledges the GTC in the respective valid version and agrees to them.
The present provisions of the GTC correspond to the current version valid since July 2021.
The General Terms and Conditions may be amended by "New Systems Handels GmbH" at any time and shall apply in the version current at the time of the order, subscription to the newsletter or registration of the customer.
The GTC apply to both consumers (B2C) and entrepreneurs (B2B), unless a differentiation is made in the respective clause. The GTC shall apply exclusively. This means that general terms and conditions, purchase provisions or provisions of the customer in other documents, in particular conditions regulating the liability of the contracting parties, do not become part of the contracts concluded between "New Systems Handels GmbH" and the customer, even if such provisions are not expressly contradicted.
2. Offers and conclusion of contracts
Contractual and business language is exclusively German, even if the web page can be displayed in other languages.
All offers are subject to change and non-binding with regard to the availability of the goods. Illustrations are only symbolic photos and do not always correspond to the currently available products.
The products in the online store or the web page do not yet constitute an offer. Only by placing an order the customer makes a binding offer.
Before placing an order, the customer must provide his name, address and telephone number as well as his e-mail address, from which he can receive, read, save and print e-mails from "New Systems Handels GmbH", in the space provided for this purpose in the online store or by other means.
Immediately after receipt of the order, which is seen as a binding contract offer, the customer receives an email confirmation of receipt. However, this confirmation is not yet an acceptance of the contract offer and a binding contract is in any case not yet concluded.
The customer is bound to his order for two days from receipt of this confirmation. The statutory right of revocation (right of withdrawal) remains unaffected.
"New Systems Handels GmbH" is entitled to refuse an order even without giving reasons.
The contract is concluded only after acceptance by "New Systems Handels GmbH" or with the delivery or self-collection of the ordered goods. The customer will be informed of the acceptance by eMail.
Orders can only be accepted by "New Systems Handels GmbH" if delivery is made within Austria or to the countries listed on the website.
For weight articles, there may be a maximum deviation of 20% of the delivery quantity from the order quantity.
The purchase contract is not stored by "New Systems Handels GmbH". If the customer wants to print the text of the contract after his order, he can do this by printing all parts, including all attachments, of the invoice e-mail.
Prices and shipping
The offered prices (B2C Shop) of the goods are gross prices in Euro (€) and include all statutory taxes and duties for domestic deliveries, in particular including VAT. However, the prices offered do not include any packaging and shipping costs.
The offered prices (B2B Shop) of the goods are net prices in Euro (€). However, the prices offered do not include any packaging and shipping costs.
The prices stated on the website, in catalogs, brochures, price lists, etc. are - unless expressly stated otherwise in individual cases - always non-binding. For repeat orders, the prices are also non-binding.
The list prices of the day on which the order is received by "New Systems Handels GmbH" shall apply in each case. The binding prices are shown on the order confirmation.
All costs incurred by shipping are borne by the buyer. The cost of delivery is displayed when ordering on the web page after correct selection in the shopping cart.
For deliveries outside of Austria, additional customs duties and/or levies may apply, including any import or export duties and any excise taxes, which may lead to a change in the gross prices offered. Such customs duties and/or levies shall be borne by the Buyer in the respective statutory amount. Furthermore, deliveries outside Austria can only be made if there are no legal or disproportionate logistical obstacles to the delivery.
Terms of payment and retention of title
The purchase price is due for payment without any deduction upon conclusion of the contract.
Even if the customer is not responsible for the delay in payment, interest on arrears may be charged at a rate of 4% p.a. above the prime rate for consumers and 9.2% p.a. above the prime rate for entrepreneurs. After the second unsuccessful reminder, the claim will be pursued in court. In case "New Systems Handels GmbH" is successful in court, the customer shall also bear the costs of "New Systems Handels GmbH" for necessary and appropriate judicial and extrajudicial debt collection measures according to the Lawyers' Fees Act (RATG) as amended.
Payment is made optionally by:
- Creditcard (Visa, Mastercard, American Express)
- Instant bank transfer
- Purchase on account
"New Systems Handels GmbH" reserves the right to exclude payment methods after credit assessment of the customer.
The fees arising from incorrect account details or chargebacks are only to be borne by "New Systems Handels GmbH" if it is responsible for them. Otherwise they shall be borne by the customer.
If the payment method "credit card", "instant transfer" or "SEPA direct debit" is selected, the payment is processed via the contractual partner Stripe, Inc. (www.stripe.com). The customer must also observe its general terms and conditions within the framework of payment processing.
If the payment method "PayPal" is selected, the payment will be processed via the contractual partner PayPal (Europe) S.à r.l. et Cie, S.C.A. (www.paypal.com). The customer must also observe its general terms and conditions within the framework of payment processing.
The goods remain the property of "New Systems Handels GmbH" until full payment of the purchase price and any other costs to be borne by the customer.
During the existence of the retention of title, the customer is not entitled to pledge the goods or encumber them with any other right of third parties.
In case of default of payment by the customer, "New Systems Handels GmbH" is entitled to assert its rights arising from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal from the contract.
In case of resale of the goods, the customer assigns already now and independently of any delay in payment to "New Systems Handels GmbH" all claims, which accrue to him from the resale against a third party, up to the amount of the purchase price agreed in the respective purchase contract, including delivery costs and any reminder fees as well as default interest. In case of resale of the goods, the customer is obliged to inform "New Systems Handels GmbH" immediately and to disclose the data of the acquirer. At the same time the acquirer is to be informed of the assignment of claims.
Right of revocation (right of withdrawal)
Customers who are consumers within the meaning of Directive 2011/83/EU have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is fourteen days from the day on which the customer or a third party designated by the customer, who is not the carrier, has taken possession of the goods.
UIn order to exercise the right of withdrawal, the customer must contact "New Systems Handels GmbH" using our Returns-Form (including the order-number) about the decision to revoke this contract.
In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If the customer revokes this contract, "New Systems Handels GmbH" shall reimburse the customer all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the most favourable standard delivery offered by "New Systems Handels GmbH"), without undue delay and at the latest within fourteen days from the day on which the notification of revocation of this contract is received by "New Systems Handels GmbH".
For this repayment, "New Systems Handels GmbH" uses the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer. In no case will fees be charged for this repayment.
The direct costs of returning the goods shall be borne by the customer, regardless of the order value of the goods and regardless of whether the delivery of the goods to the customer was free of shipping costs.
„New Systems Handels GmbH" may refuse repayment until it has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.
The customer shall only be liable 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 testing the quality, characteristics and functioning of the goods.
There is no right of withdrawal for:
- Goods that can spoil quickly or whose expiry date has passed quickly.
- Goods that are manufactured according to customer specifications or clearly tailored to personal needs.
- WGoods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if the goods have been unsealed after delivery.
- Papers, journals or magazines, with the exception of subscription contracts for the delivery of such publications.
- Alcoholic beverages that can only be delivered after 30 days and if their price depends on market fluctuations.
- Audio or video recordings such as CDs, DVDs, etc. and for computer software supplied in a sealed package if the goods have been unsealed after delivery.
- Goods that have been inseparably mixed with other goods after their delivery due to their nature.
Provided that the agreed terms of payment are complied with, "New Systems Handels GmbH" shall be obliged in accordance with the following provisions to remedy any defect existing at the time of handover which impairs functionality, which is due to faulty design or material or which is due to defective workmanship. No warranty claims can be derived from information in catalogues, brochures, advertising materials and written or oral statements that are not expressly included in the contract. The provisions on statutory warranty shall apply. The warranty period for the delivery of movable goods is 2 years from the date of acceptance of the goods.
The warranty expires immediately if, without the express written consent of "New Systems Handels GmbH", the customer himself or a third party not expressly authorised by "New Systems Handels GmbH" makes changes to the delivered products.
In the case of justified complaints about defects, either a replacement or an improvement shall be made free of charge, for which a reasonable period of time shall be granted. If replacement or improvement is not possible (not possible, too much effort, unreasonable, delay), the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (redhibition).
If possible, any defects that occur are to be notified upon delivery or after they become visible. If the purchase is a business transaction for the customer (B2B), he must inspect the goods no later than 2 weeks after receipt and notify us immediately if a defect is found. Otherwise, the delivery shall be deemed to have been accepted without reservation and no warranty claims or claims for damages may be asserted; the same shall apply if hidden defects are not reported in writing within one (1) week of their discovery. The warranty period for B2B business is six (6) months after acceptance of the products by the customer. In deviation from § 924 of the Austrian Civil Code (ABGB), it is the customer's responsibility to provide proof of a defect. The provisions of § 933b of the ABGB shall not apply.
Reasons of taste, customary or minor deviations in quality, quantity, colour, size, weight, equipment or design due to technical reasons as well as changes in taste, colour and packaging due to age shall neither constitute warranty defects nor non-performance of the contract. The warranty does not cover damage occurring after the transfer of risk as a result of faulty or negligent storage or comparable other causes.
Complaints on the basis of statutory warranty claims or other complaints can be asserted under the contact details stated in these GTC.
The customer is not entitled to withhold or offset payments due to warranty claims or other counterclaims.
"New Systems Handels GmbH" as operator of the online shop mentioned in the imprint provides the services with the utmost care, but is not liable for the services provided by third parties or obtained from third parties. Any guarantee must be claimed from the guarantor (from the manufacturer/sometimes also from the seller, if the latter is the manufacturer) and is subject to the latter's provisions. The use of the guarantee does not limit the legal guarantee.
"New Systems Handels GmbH" shall only be liable for damages in case of intent or gross negligence. The liability of "New Systems Handels GmbH" is limited in principle to direct damage to the delivery. "New Systems Handels GmbH" shall not be liable for damage to goods not covered by the contract, for loss of profit or for direct or indirect consequential damage. This does not apply to personal injury, product liability claims or in the case of consumer transactions. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. Compensation for consequential (defect) damages as well as other property damages, financial losses and damages to third parties against the customer, insofar as it is not a consumer transaction, is excluded. The limitation period of §13 of the Production Liability Act is reduced to three years. Claims for damages are to be asserted by the customer in court within 6 months, otherwise they will expire. In the event of a breach of essential contractual obligations, "New Systems Handels GmbH" shall be liable, however, in terms of amount with a maximum of 100% of the purchase price or order value with regard to which it is liable.
Limitations and exclusions of liability also include claims against employees, representatives and vicarious agents of "New Systems Handels GmbH" due to damage caused by them to the customer without reference to a contract on their part with the customer.
All information has been carefully researched, nevertheless "New Systems Handels GmbH" cannot absolutely exclude errors or spelling mistakes.
In particular, "New Systems Handels GmbH" shall not be liable for misuse of the customer's password if it is used by unauthorised persons. Such misuse shall be at the expense of the customer.
Special regulations concerning iZm medical devices
"New Systems Handels GmbH" complies - insofar as the goods sold are medical devices - with the applicable provisions, in particular the MDR. In particular, it shall ensure the required markings, the required conformity tests and the preparation of the prescribed manufacturer's information. Should the customer resell products of "New Systems Handels GmbH" in countries for which "New Systems Handels GmbH" has not aligned the sale, the customer as distributor shall be responsible for providing, including translation, the information to be provided by the manufacturer in accordance with Annex I Section 23 on a product already on the market and further information required for the marketing of the product in the respective Member State. The customer or dealer shall indemnify and hold harmless "New Systems Handels GmbH" from and against all claims of third parties based on any non-compliance with the above provisions.
Place of jurisdiction, applicable law
Place of performance is Vienna.
The exclusive place of jurisdiction for all disputes in connection with the contract and its performance shall be the court with subject-matter jurisdiction at the registered office of "New Systems Handels GmbH".
The legal relationship between the parties shall be governed exclusively by Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and national and international conflict-of-law rules.
For consumers within the EU, their national mandatory consumer law provisions apply, unless the respective Austrian provisions are more favourable for the consumer.
Should one or more provisions of these GTC be or become void or ineffective in whole or in part, the remaining provisions shall remain unaffected thereby. Invalid or unenforceable provisions shall be replaced in accordance with the meaning and purpose of these Terms and Conditions by legally valid and enforceable provisions which come as close as legally possible to the invalid or unenforceable provisions in terms of their economic effect. This shall also apply in the event of any contractual loopholes.
The customer is obliged to notify "New Systems Handels GmbH" of any changes to his business address as long as the legal transaction that is the subject of the contract has not been completely fulfilled by both parties. If such notification is omitted, declarations shall also be deemed to have been received if they are sent to the customer's last known address.
In the data protection declaration, which was sent to the customer by "New Systems Handels GmbH" when the first contact was made, "New Systems Handels GmbH" explains which and how the customer's personal data is processed and what rights the customer has in this respect. The data protection declaration can be viewed at any time on the homepage of "New Systems Handels GmbH".