General Terms and Conditions (GTC) for Buyers

§ 1 Scope

The following provisions apply to all contracts between us, namely

CfT Group GmbH
Wienerstraße 99, A-2514 Traiskirchen
Tel.: +43 2252 53 169
E-Mail: info@semperdeal.com

and you as the buyer, concerning the sale and delivery of products and services offered on our procurement platform at www.semperdeal.com.

§ 2 Contracting Parties

(1) Our platform is directed exclusively at entrepreneurs within the meaning of § 1 UGB, as well as freelancers, public-law corporations and associations.

(2) An entrepreneur is a natural or legal person or a legally capable partnership acting in the exercise of their commercial or independent professional activity at the time of concluding the contract.

§ 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 order.

(2) You may add products to your cart via {Add to cart} and complete the order process via {Proceed to checkout}. Mandatory fields are marked with *. The contract is concluded in German.

(3) Under “Review and Order” you may review and correct your details using the {Edit} button.

(4) By clicking {Order with obligation to pay} you place a binding order for the listed items.

(5) The purchase contract is concluded when we confirm your order by e-mail – without undue delay, at the latest within 48 hours.

§ 4 Product Information, Prices

(1) Product information (images, delivery times, prices) is non-binding and does not constitute a description of the goods' characteristics.

(2) Delivery times and availability are based on supplier information (Mon–Fri) and are non-binding.

(3) All prices are quoted net plus applicable statutory VAT.

(4) In the event of an incorrect price, we reserve the right to withdraw from the contract.

§ 5 Returns and Warranty

(1) Returns without a statutory or agreed legal entitlement are excluded.

(2) Return policies are subject to the respective supplier of the platform.

(3) Before initiating a return, please contact our customer service: info@semperdeal.com

(4) Goods must be inspected immediately upon delivery. Visible defects must be reported in writing within 3 days, hidden defects within one week of discovery.

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

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

(7) Before asserting warranty claims, please contact us at info@semperdeal.com.

§ 6 Prices and Shipping Costs

(1) Additional shipping costs apply to every order and will be displayed during the ordering process.

(2) In the event of a return or exchange, you bear the direct costs of return shipment.

§ 7 Payment

Payment is accepted by advance payment, direct debit, instant bank transfer or invoice.

(1) Advance payment: We will send a pro forma invoice. Orders are automatically cancelled if payment is not received within 14 days. A 2 % cash discount is granted for advance payment.

(2) Instant bank transfer: Processed via SOFORT GmbH directly from your online banking. Only name, sort code, account number, reference, amount and date are stored.

(3) SEPA direct debit: The debit is collected when the goods leave the warehouse, not before the pre-notification period expires. Chargeback fees caused by the customer are borne by the customer.

(4) Purchase on account: Payable within 10 days net. SEMPERDEAL reserves the right to conduct credit checks and to impose order volume limits. In the event of default, the matter is transferred to our debt collection partner KNP Finanzial Services – all resulting costs are charged to the customer.

IMPORTANT NOTE
Customers in Austria: invoices include 20 % VAT.
Customers in the EU (excl. Austria) providing a VAT ID: VAT-exempt intra-community delivery.
Customers in Switzerland: VAT-exempt export invoice; customs clearance is the responsibility of the recipient.

§ 8 Delivery and Availability

(1) Please provide a complete and correct delivery address. Additional costs arising from incorrect addresses are borne by you. We deliver to Austria and Germany.

(2) Delivery is made to the kerbside of the specified delivery address unless otherwise agreed.

(3) Shipment is by parcel or freight carrier, promptly after receipt of payment and within the stated delivery time.

(4) If delivery times change, we will notify you immediately.

(5) Warranty for non-availability is the responsibility of the respective supplier.

§ 9 Retention of Title

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

§ 10 Liability

(1) Unlimited liability for intentional or negligent injury to life, body or health, and for intentional or grossly negligent damage.

(2) In cases of simple negligence, liability is limited to foreseeable, contract-typical damage resulting from breach of essential contractual obligations.

(3) Liability under product liability law and for fraudulently concealed defects remains unaffected.

(4) Any further liability is excluded.

§ 11 Final Provisions

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

(2) The place of jurisdiction is our registered office, provided the buyer is a merchant or public-law entity.

(3) Agreements between the parties require written form to be effective.

§ 12 Severability Clause

Should any provision be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the applicable statutory regulation.

General Terms and Conditions – Equipment Rental (GTC)

§ 1 General Obligations

The lessor undertakes to make the rental item available for the agreed rental period. The lessee undertakes to pay the rent, handle the item with due care and return it clean and operational at the end of the rental period.

§ 2 Start and End of Rental Period

The rental period may be extended by mutual agreement. It ends upon proper return of the rental item, but no earlier than the expiry of the agreed rental period.

§ 3 Handover of the Rental Item

The rental item must be handed over in perfect working condition with all necessary documentation. In the event of delay by the lessor, the lessee may claim compensation of up to 25 % of the daily rental rate per working day.

§ 4 Defects in the Rental Item

An acceptance report must be signed upon handover. Visible defects must be noted immediately; hidden defects must be reported in writing without undue delay. The lessee may request rectification of material defects; costs are borne by the lessor.

§ 5 Working Hours

For equipment with hour meters: up to 8 hours/day, 40 hours/week or 175 hours/month are included. The full rental fee is payable even if these hours are not fully used.

§ 6 Overtime and Payment

Overtime is charged at 1/8 of the daily rental rate per commenced hour. If payment is overdue by more than 10 calendar days, the lessor is entitled to reclaim the rental item at the lessee's expense.

§ 7 Right of Retention and Set-off

The lessee's right of retention or set-off exists only in respect of undisputed or legally established counterclaims.

§ 8 Lessee's Obligations

The lessee is obliged to: read and follow the operating manual · protect the item from overuse · ensure proper maintenance · report damage immediately · protect against theft and weather · ensure only trained personnel operate the item and that all required licences are valid.

§ 9 Subletting

Subletting or transfer to third parties without the lessor's consent is not permitted. Third-party claims must be reported to the lessor immediately.

§ 10 Return of the Rental Item

The rental item must be returned operational, clean and with all accessories. Defects upon return extend the rental period by the repair time required. The lessor must notify the lessee of any defects within 14 days of return.

§ 11 Loss of the Rental Item

The lessee bears the risk from handover until return. In the event of culpable non-return, the lessee is liable for damages equal to the replacement cost. Loss through criminal acts must be reported to the police immediately.

§ 12 Termination

Fixed-term rental agreements are generally non-terminable. Extraordinary termination for good cause (e.g. insolvency, unauthorised use, significant neglect) remains reserved.

§ 13 Lessor's Limitation of Liability

The lessor is liable for gross negligence or wilful misconduct and for breach of essential contractual obligations (limited to foreseeable damage). Liability for personal injury and under product liability law is not limited. No liability for damage resulting from improper use.

§ 14 Security Deposit

Any deposit paid may be offset against outstanding claims upon termination of the rental agreement. No interest is paid on the deposit.

§ 15 Reservations

Reservations are non-binding. An entitlement to the rental item arises only upon conclusion of a written rental agreement.

§ 16 Miscellaneous

Amendments and supplements require written form. Should any provision be invalid, the remaining contract shall remain in effect and the invalid provision shall be replaced by an appropriate statutory rule.

§ 17 Jurisdiction

The place of jurisdiction for all disputes arising from the rental relationship is the lessor's registered office, provided the lessee is a merchant or public-law entity.