General Terms & Conditions (GTC) for Buyers

The following provisions apply to all contracts between us, namely

CfT Group GmbH
Tribuswinkler Straße 3
A-2514 Traiskirchen

Tel.: +43 2252 53 169
Fax: +43 2252 53 169 30
E-Mail: info@semperdeal.com

and you as the buyer concerning the sale and delivery of the products and services offered on our procurement platform at www.semperdeal.com (hereinafter referred to as the “Platform”).


§ 2 Contractual Partners

(1) The offer of our Platform is directed exclusively at entrepreneurs within the meaning of § 1 UGB, as well as freelancers, corporations under public law, and associations.

(2) An entrepreneur in this sense is a natural or legal person or a partnership with legal capacity who, when concluding the contract with us, acts in the exercise of its commercial or self-employed professional activity.


§ 3 Offer and Conclusion of Contract

(1) The presentation of products on our Platform does not constitute a legally binding offer, but an invitation to place an order.

(2) Once you have found the desired product, you can place it in the shopping cart without obligation by clicking the button {Add to cart}. You can view the contents of the shopping cart at any time without obligation by clicking the shopping cart icon. You can remove products from the shopping cart at any time by clicking the {X} field in the column to the right next to the respective item description. If you wish to purchase the products in the shopping cart, click the button {Checkout}. Please then enter your details as requested. Mandatory fields are marked with an *. After entering your data and selecting the payment and shipping method, you complete the order process by clicking the button {Order with obligation to pay}. The process can be cancelled at any time by closing the browser window. The contract is concluded in German.

(3) Under “Check and Order” you have the possibility to review your entered data and correct it if necessary. Please check your entries. You can correct them by clicking the button {Change}, which is located below your previously entered data.

(4) By clicking the button {Order with obligation to pay}, you place a binding order for the goods listed on the order page. You place the order when you enter all information during the ordering process and finally, in the last step under “Check and Order”, submit the order form to us by confirming the button {Order with obligation to pay}.

(5) The purchase contract is concluded when we accept your order by sending an order confirmation by e-mail. The order confirmation is sent without undue delay, but no later than within 48 hours after receipt of your order.


§ 4 Product Information, Prices

(1) The product information on the Platform (e.g. product images, delivery times, price information) is non-binding and does not constitute a description of the characteristics of the respective goods.

(2) The delivery times and availabilities stated on the Platform are based on supplier information and refer to working days Monday to Friday. They are non-binding statements regarding expected delivery times and availability.

(3) Prices stated on the Platform are net prices plus the applicable statutory VAT.

(4) If an incorrect price is displayed for goods offered on the Platform, we are entitled to withdraw from the contract, irrespective of any statutory right of avoidance that may exist. Such withdrawal must be declared by us without undue delay after we become aware of the error.


§ 5 Right of Return, Warranty

(1) A return (take-back or exchange) for which there is neither a statutory and/or agreed entitlement is excluded. Where return rights and/or their legal consequences are indicated for individual items, these take precedence over these General Terms and Conditions.

(2) Return arrangements are the responsibility of the respective suppliers of the Platform.

(3) Before making a return, you must contact our customer service to coordinate the further procedure and to enable a swift processing of the return. Please send an e-mail to: info@semperdeal.com. Acceptance of returned goods by us does not constitute acceptance of your return request.

(4) You must inspect the delivered goods immediately for quality and quantity deviations and notify us in writing of any apparent defects within a period of three days from receipt of the goods; otherwise, the assertion of warranty claims is excluded. Hidden defects must be reported to us in writing within one week after discovery. Timely dispatch is sufficient to meet the deadline. You bear the full burden of proof for all requirements of the claim, in particular for the defect itself, the time the defect was discovered, and the timeliness of the notice of defects.

(5) The warranty period is one year from delivery of the goods.

(6) We do not grant any guarantees in the legal sense. Manufacturer guarantees remain unaffected.

(7) Before exercising your warranty rights, you are requested to contact our customer service to coordinate the individual procedure and to enable swift processing of any warranty claims. Please send an e-mail to: info@semperdeal.com. Acceptance of returned goods by us does not constitute recognition of the warranty claim.


§ 6 Prices and Shipping Costs as well as Return Shipping Costs in Case of Return

(1) Each order incurs additional shipping costs which are stated during the ordering process. These shipping costs are to be borne by you.

(2) In the event of a return or exchange, you shall also bear the direct costs of returning the goods.


§ 7 Payment

The customer may pay the purchase price by prepayment, direct debit, instant bank transfer or on account.

(1) Prepayment: We will send you a proforma invoice in accordance with your order. If no payment is received in our account within 14 days, the order will be cancelled automatically by us. In case of prepayment, we grant a 2% cash discount. Delivery is carried out as standard within the delivery times communicated by us. In case of delays, you will be informed in good time. The original invoice is enclosed with the delivery.

(2) Instant bank transfer: When paying by instant bank transfer, you can initiate payment for the ordered goods via your online banking account while placing your order. After selecting the payment method “instant bank transfer” in the order process, you will be redirected to the secure payment form of SOFORT GmbH. SOFORT GmbH handles the payment process automatically without SEMPERDEAL (CfT Group GmbH) having access to view it; the process is comparable to a debit card payment with PIN. As with a debit card payment, SOFORT GmbH checks the available funds and executes a transfer to SEMPERDEAL (CfT Group GmbH) if there are sufficient funds. In about 30% of cases, SOFORT GmbH checks whether previous instant transfers have been booked in order to prevent systematic fraud.
To carry out an instant bank transfer, SOFORT GmbH requires your name, bank code and account number as well as the PIN and a TAN of your online banking account. Stored data includes only your name, bank code, account number, payment reference, amount and date of the transfer, not the credit limit or account balance, or past transactions. In the event of a successful transaction, SEMPERDEAL (CfT Group GmbH) receives only automated real-time confirmation from SOFORT GmbH that the transfer has been executed.

(3) Direct debit: If the SEPA direct debit payment method is selected, the invoice amount becomes due after granting a SEPA direct debit mandate, but not before expiry of the advance notice period. The direct debit is collected when the ordered goods leave the seller’s warehouse, but not before expiry of the advance notice period. Advance notice (“pre-notification”) is any notification (e.g. invoice) by SEMPERDEAL (CfT Group GmbH) to the customer announcing a debit via SEPA direct debit. If a direct debit is not honoured due to insufficient funds or incorrect bank details, or if the customer objects to the debit without entitlement, the customer shall bear the fees incurred by the chargeback by the respective financial institution, provided the customer is responsible.

(4) Purchase on account: In the case of purchase on account, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 10 (ten) days from receipt of the invoice without deduction, unless otherwise agreed. SEMPERDEAL (CfT Group GmbH) reserves the right to offer purchase on account only up to a certain order volume and to reject this payment method if the stated order volume is exceeded. In such case, SEMPERDEAL (CfT Group GmbH) will inform the customer of the payment restriction in the payment information in the online shop. SEMPERDEAL (CfT Group GmbH) also reserves the right to perform a credit check when purchase on account is selected and to reject this payment method in case of a negative credit assessment.

In the event of payment default, SEMPERDEAL (CfT Group GmbH) will hand over the relevant matter to its collection partner KNP Finanzial Services. All costs incurred will be charged to the customer.

The customer agrees that SEMPERDEAL (CfT Group GmbH) is entitled to send the invoice as an electronic invoice (e.g. PDF) by e-mail. SEMPERDEAL (CfT Group GmbH) may, at its discretion, also send the invoice on paper.

IMPORTANT NOTE
For customers from Austria, invoices are issued including 20% VAT.
 
For customers from the EU (excluding Austria) and Switzerland, provided a VAT ID number is stated, invoicing is carried out as follows:

a) EU area (VAT-free invoice for intra-Community supply)
b) Switzerland (VAT-free export invoice; customs clearance is to be handled by the recipient)


§ 8 Delivery and Deliverability

(1) You are obliged to provide the correct and complete delivery address when placing your order. If additional costs arise due to incorrect address data, you must bear these costs. As a rule, we only deliver to addresses in Austria and Germany.

(2) Delivery shall be made to the curbside of the stated delivery address (“free curbside”), unless otherwise agreed in the individual case.

(3) Delivery is carried out by parcel service or freight forwarding. Delivery takes place without undue delay after receipt of the payment to be made by you and in any case within the delivery time communicated to you on the respective offer page before placing your order. The delivery period begins on the day the contract is concluded in accordance with § 3 (4).

(4) If, after conclusion of the purchase contract, we receive delivery time information from the supplier deviating from the non-binding delivery times shown on the Platform, we will inform you immediately. If a renewed non-binding delivery time estimate also cannot be met, we will inform you again without undue delay.

(5) Warranty in case of unavailability of the goods is the responsibility of the respective supplier.


§ 9 Retention of Title

The goods remain our property until full payment has been made.


§ 10 Liability

(1) We shall be liable without limitation for intentional or negligent damage resulting from injury to life, body or health, for intentional causation of other damages, and for grossly negligent causation of other damages by one of our legal representatives, vicarious agents or assistants.

(2) In the event of slight negligence, we shall be liable for breach of essential contractual obligations (i.e. obligations whose fulfilment is necessary for proper performance of the contract, whose breach endangers the purpose of the contract, and on whose compliance the other party may regularly rely) by one of our legal representatives, vicarious agents or assistants, limited to the damage which, under the circumstances known or foreseeable, was foreseeable as a possible consequence of the breach and typical for the contract.

(3) Liability under the Product Liability Act remains unaffected, as does liability for fraudulently concealed defects or within the scope of an assumed guarantee.

(4) In all other respects, our liability is excluded.


§ 11 Final Provisions

(1) Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of our company.

(3) Agreements between the parties must be made in writing to be effective.


§ 12 Severability Clause

(1) Should any provision of the above be or become invalid or void, the validity of the remaining provisions shall remain unaffected. The invalid or void provision shall be replaced by the statutory provision, unless the parties agree otherwise in a legally effective individual arrangement. The same shall apply in the event of a contractual gap.



General Terms and Conditions - Rental (GTC)
 
§ 1 General Obligations

The lessor undertakes to provide the lessee with the rental item listed on the reverse side for the duration of the agreed rental period. The lessee undertakes to pay the rent as agreed, to handle the rental item properly and in accordance with the contract, and to return it cleaned and ready for operation upon termination of the rental agreement.
 

§ 2 Start and End of the Rental Period, Extension

The rental period is the period stated on the reverse side. The rental period may be extended by mutual agreement. The rental period is extended if the lessor agrees in writing to an extension request by the lessee. An extension request must be received by the lessor in good time before the end of the rental period. The rental period ends on the day on which the rental item, together with all parts required for its commissioning, arrives at the lessor or another agreed destination in proper and contractual condition, but at the earliest upon expiry of the agreed rental period.
 

§ 3 Handover of the Rental Item

At the beginning of the rental period, the lessor shall hand over the rental item in proper working condition together with the necessary documents and descriptions or make it available for collection. If delivery by the lessor is agreed, the rental item, together with the aforementioned documents, shall be handed over to the lessee or a person authorised by the lessee within the agreed delivery period. If the lessor is in default with handover at the beginning of the rental, the lessee may claim compensation. In the event of slight negligence by the lessor, such compensation is limited to 25% of the daily rent per working day. Instead of claiming compensation, the lessee may withdraw from the contract after setting a reasonable grace period with a threat of refusal if the lessor is still in default at that time.
 

§ 4 Defects of the Rental Item

Upon taking over the rental item, the lessee or a person authorised by the lessee to receive it must sign an acceptance report in which any defects or damage found are recorded. Apparent defects or damage not recorded in the acceptance report cannot be asserted. Hidden defects, damage or malfunctions must be reported to the lessor in writing immediately upon becoming known. The lessee may demand remedy of defects which not only insignificantly impair the safety and/or functionality of the rental item. The costs of such remedy shall be borne by the lessor. The lessor is also entitled to provide the lessee with an equivalent replacement. If no replacement is provided, the lessee’s payment obligation is deferred by the necessary repair time. If the lessor culpably allows a reasonable grace period for remedy of a defect for which the lessor is responsible or an initial defect to expire without success, or fails to provide a replacement within the period, the lessee has a right of withdrawal. The lessee’s right of withdrawal also exists in other cases of failure of remedy of an initial defect or defect for which the lessor is responsible. In the event of slight negligence by the lessor, further claims for damages are excluded.
 

§ 5 Working Time

For the calculation of rent, if the rental device is equipped with an hour meter, a daily working time of up to 8 hours is assumed; for weekly rentals up to 40 hours; and for monthly rentals up to 175 hours. Devices without an hour meter may be used throughout the entire rental period. The rent is payable in full even if the aforementioned times are not fully utilised. Use of a device with an hour meter beyond the scope stated in paragraph 1 will be charged additionally to the lessee in accordance with § 6.
 

§ 6 Overtime and Payment of Rent

For devices with an hour meter, the rent stated on the reverse side is based on the working time in accordance with § 5 (1). Overtime is charged per commenced hour at 1/8 of the daily rent. The rent must be paid according to CfT’s payment terms. If the lessee is in arrears with payment of a due amount for more than 10 calendar days, or if a bill of exchange or cheque provided by the lessee is protested, the lessor is entitled to collect the rental item at the lessee’s expense (the lessee must provide access) and otherwise dispose of it. The lessor’s claims under the contract remain unaffected. However, amounts which the lessor achieves or could have achieved within the agreed contract period by renting to others are credited after deduction of the costs for retrieval and re-letting.
 

§ 7 Right of Set-off and Right of Retention

The lessee may only exercise a right of retention or set-off in the event of undisputed or legally established counterclaims.
 

§ 8 Obligations of the Lessee, Right of Inspection

The lessee is obliged:
 
a) to carefully read the operating instructions and safety instructions before commissioning the rental item, to observe them and to contact the lessor immediately in case of questions;
b) to protect the rental item from overuse in every respect;
c) to ensure proper and professional maintenance and care of the rental item;
d) to inform the lessor immediately of any damage or malfunctions; if necessary, to take the rental item out of operation immediately and await instructions from the lessor;
e) to protect the rental item as well as possible against theft, etc., and against weather influences outside working hours;
f) to ensure that the rental item is operated only by trained and instructed persons who are physically and mentally capable; if licences/permits are required, the lessee must ensure they are present and valid.
 
The lessor is entitled to inspect the rental item after prior notice and, after coordination with the lessee, to examine it or have it examined by an agent. The lessee must facilitate the inspection in every way. The costs of the inspection are borne by the lessor.
 

§ 9 Subletting and Special Obligations

The lessee is not entitled to sublet the rental item, grant third parties rights to it, or assign rights under the rental agreement. If a third party asserts rights to the rental item by seizure, attachment or the like, the lessee must inform the lessor immediately. The lessee must inform the third party in writing of the lessor’s ownership.
 

§ 10 Return of the Rental Item

The lessee must return the rental item ready for operation and cleaned, including all accessories, or make it available for collection. If collection by the lessor is agreed, the lessee must make the rental item available in the same condition in due time so that collection is possible during the lessor’s business hours. If the rental item is returned in a condition indicating that the lessee has not complied with the obligations set out in § 8, the rental period is extended by the time necessary to carry out the contractually omitted repairs under normal conditions. The lessee must be informed of the scope of defects and damage for which the lessee is responsible and be given the opportunity to review. The lessor should, if possible before starting repair work, inform the lessee of the estimated repair costs. If there is disagreement about the condition of the rental item, repair time and costs, an expert shall examine the rental item and prepare a report. Expert costs are borne equally by lessor and lessee. If the parties cannot agree on the expert, the expert is appointed by the chairman of the Chamber of Industry and Commerce in whose district the lessor has its registered office. Proper return is deemed recognised by the lessor unless a written notice of defects is sent to the lessee no later than 14 days after return or collection.
 

§ 11 Loss of Rental Items

The lessee’s assumption of risk begins with handover of the rental item and ends with its return to the lessor. If the lessee is culpably unable to return the rental item, the lessee must pay damages. In the case of monetary compensation, the amount required to procure an equivalent device at the agreed place of return at the time of compensation is payable. Loss or damage due to a criminal offence must be reported immediately to the competent police authority.
 

§ 12 Termination

A rental contract concluded for a fixed rental period is generally non-terminable for both parties. Termination for good cause remains unaffected. Good cause exists in particular if:

a) after conclusion of the contract the lessor becomes aware of facts indicating a deterioration of the lessee’s creditworthiness from a banking perspective;
b) the lessee uses the rental item or part of it contrary to its intended purpose without the lessor’s consent, moves it to a place other than stated in the contract, or hands it over to a third party;
c) an inspection pursuant to § 8 (2) shows that the rental item is significantly endangered due to neglect of the lessee’s obligations under § 8 (1), provided the lessee has not remedied this within a reasonable period after prior request;
d) the rental item is not provided to the lessee in time and the lessor cannot provide an equivalent replacement.
 

§ 13 Limitation of Liability of the Lessor

The lessor is liable for damages caused by gross negligence or intent, and for damages resulting from culpable breach of an essential contractual obligation in a manner jeopardising the purpose of the contract. In the latter case, liability is limited to damages typically foreseeable under the contract. The limitation does not apply to damages resulting from injury to life, body or health, nor to claims under the Product Liability Act, nor due to infringement of third-party property rights. The lessor is not liable for damages caused by improper use of the rental item.
 

§ 14 Deposit

If the lessee has provided a deposit, the lessor is entitled, upon termination of the rental agreement, to set off claims arising from the rental agreement against the lessee’s claim for repayment of the deposit. The deposit bears no interest.
 

§ 15 Reservations

Reservations are non-binding. A claim for provision of the rental item arises only upon conclusion of a written rental agreement.
 

§ 16 Other Provisions

Deviating agreements and/or amendments to the contract must be made in writing. If individual provisions are or become legally ineffective or if a gap arises, this shall not affect the validity of the remaining contract content. Ineffective provisions are deemed replaced by such provisions, and gaps shall be filled in the manner that best corresponds to the purpose expressed in the contract.
 

§ 17 Place of Jurisdiction

In all disputes arising from the contractual relationship, if the lessee is a registered trader, a legal entity under public law, or a special fund under public law, the action must be brought before the court having jurisdiction at the lessor’s registered office.