General terms and conditions of business

§ 1 Scope, Definitions

(1) Check Handels GmbH, Marktstraße 8, 9130 Poggersdorf, Austria (hereinafter: "we" or "Das Anhängerzentrum") operates an online shop for goods under the website https://www.xn--das-anhngerzentrum-rtb.at. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.

(2) For the purposes of these terms and conditions, a "consumer" is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An "entrepreneur" is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that has the capacity to acquire rights and incur liabilities.

§ 2 Formation of contracts, storage of the contract text

(1) The following provisions regarding the conclusion of the contract apply to orders placed via our online shop at https://www.xn--das-anhngerzentrum-rtb.at.

(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) Upon receipt of an order in our online shop, the following provisions apply: The customer submits a binding offer to enter into a contract by successfully completing the ordering process provided in our online shop. The order is placed in the following steps:

1. Selection of the desired goods,
2. Adding products by clicking the corresponding button (e.g. "Add to cart", "Add to bag" or similar),
3. Review of the information in the shopping cart,
4. Access the order overview by clicking the corresponding button (e.g. "Proceed to checkout", "Proceed to payment", "View order overview", etc.).,
5. Entering/verifying address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
6. Complete your order by clicking the "Buy Now" button. This constitutes your binding order.
7. After you place your order, we will send you an automated order confirmation, which does not yet constitute a contract. The contract is only concluded when we expressly accept your order within 5 business days via a separate email.

(4) In the event of a contract being concluded, the contract shall be with Check Handels GmbH, Marktstraße 8, 9130 Poggersdorf, Austria.

(5) Before placing your order, you can print or save the contract details electronically using your browser's print function. Order processing and the transmission of all information required in connection with the conclusion of the contract, in particular the order details, the terms and conditions, and the cancellation policy, will be carried out by email after you place your order, partly automatically. We do not store the contract text after the contract is concluded.

(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the browser's "back" button). They can also be corrected by canceling the order process prematurely, closing the browser window, and repeating the process.

(7) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email or telephone. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.

(8) A purchase agreement for the goods only comes into effect when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you – without prior express declaration of acceptance.

§ 3 Subject matter of the contract and essential characteristics of the products

(1) The subject matter of the contract in our online shop is:

1. The sale of goods. You can find the specific goods offered on our product pages.

(2) The essential characteristics of the goods can be found in the article description.

(3) The sale of digital products is subject to the restrictions apparent from the product description or otherwise arising from the circumstances, in particular regarding hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense them.

§4 Prices, shipping costs and delivery

(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The purchase price is payable in advance of delivery of the product, unless we expressly offer payment by invoice. The payment methods available to you are displayed under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment is due immediately.

All payments must be made directly to the seller; all payments to agents or other persons are at the payer's own risk. Checks and any other means of payment are accepted only as conditional payment, not as final settlement.

(3) In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is marked as shipping-free. The shipping costs will be clearly indicated to you again on the offers, in the shopping cart (if applicable), and on the order summary.

(4) All products offered are ready for immediate dispatch unless otherwise stated in the product description or communicated to you otherwise by us by telephone or email.

(5) The prices stated in the seller's order confirmation shall apply. 

(6) Any agreement regarding a cash discount or rebate must be confirmed in writing.

(7) The seller reserves the right to adjust prices to reflect any cost reductions or increases resulting from collective bargaining agreements or changes in material prices after the conclusion of the contract. The seller will provide proof of these changes to the buyer upon request. All incidental charges, public levies, and any newly introduced taxes, freight charges, etc., or increases thereof, which directly or indirectly affect or are subject to taxation of the delivery, shall be borne by the buyer, unless mandatory legal provisions stipulate otherwise.

(8) The prices quoted in the seller's offer are subject to the condition that the order details on which the offer is based remain unchanged and are confirmed in writing by the seller.

(9) Any pricing errors due to accidental data entry or software errors will result in the cancellation of the affected order. In this case, the seller will inform the buyer immediately, but no later than within 48 hours.

§ 5 Right of retention, reservation of title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

(3) The assertion of retention of title shall only be deemed a withdrawal from the contract if the seller expressly declares this in writing. The seller reserves the right to withdraw from the contract if insolvency proceedings are initiated. The buyer is obligated to return all delivered goods before the commencement of insolvency proceedings.

(4) It is possible that some products listed on our website may have an incorrect price due to a typographical error. In light of this, we reserve the right to partially or completely reject orders that have already been confirmed. If you have prepaid the purchase price of the product, the corresponding amount will be refunded to you within 5 working days.

§ 6 Right of withdrawal

As a consumer, you have a right of withdrawal. This is governed by our Cancellation policy.

§ 7 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tortious acts is limited to intent or gross negligence.

(2) We shall be liable without limitation for slight negligence in the event of injury to life, body, or health, or in the event of a breach of a fundamental contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible, or if we have breached a fundamental contractual obligation, our liability for resulting property damage and financial losses shall be limited to the typical foreseeable damage under the contract limited. A fundamental contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the contract's purpose, and on whose compliance you may regularly rely. This includes, in particular, our obligation to act and to perform the contractually owed service, as described in Section 3.

§ 8 Contract Language

The only language available for the contract is German.

§ 9 Warranty

(1) The warranty is governed by the statutory provisions.

(2) The warranty period for goods supplied to entrepreneurs shall be 12 months.

(3) As a consumer, you are requested to inspect the goods/digital content or the service provided immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will, of course, not affect your statutory warranty rights.

§ 10 Delivery

In transactions with businesses, the delivery obligation is subject to correct or timely self-delivery, unless incorrect or delayed delivery is the fault of the seller.

Delivery periods and dates are considered approximate unless the seller has expressly provided a written commitment that is binding. The delivery period begins on the day the order is accepted or upon receipt of the order confirmation, but not before all details of the order have been fully clarified and the buyer has fulfilled all obligations in a timely manner, such as making advance payments as per section III. aE. Fixed-date transactions are excluded. For sales ex works, delivery periods and dates are considered met if the goods leave the factory within the delivery period or on the delivery date. The delivery period is considered met upon timely notification of readiness for shipment if dispatch is impossible through no fault of the seller. The delivery period shall be extended appropriately in the event of force majeure, labor disputes, riots, official actions, failure of suppliers to deliver, and other unforeseeable, unavoidable, and serious events for the duration of the disruption. The agreed delivery period shall be extended – without prejudice to the seller's rights in the event of the buyer's default – by the period during which the buyer is in default with its obligations under this or any other contract. The expiry of specific delivery periods/dates does not release the buyer, who wishes to withdraw from the contract or claim damages for non-performance, from the obligation to set a reasonable grace period, generally four weeks, for performance and to declare that it will refuse performance after the expiry of this period. If the seller is only guilty of slight negligence, damages are limited to the additional expenses incurred for a cover purchase or substitute performance. Claims for damages due to non-performance or delayed performance are excluded in contracts with businesses. The buyer may not refuse partial deliveries.

The seller will not take back transport packaging or any other packaging in accordance with the Packaging Ordinance. The buyer is responsible for the proper disposal of the packaging at their own expense.

§ 11 Acceptance conditions

If the buyer withdraws from the contract after its conclusion but before the product is manufactured, the seller is entitled to demand 15% of the purchase price as a cancellation fee, without prejudice to the right to claim further damages. If the buyer withdraws from the contract after its conclusion but during the production of the products, the seller is entitled to demand 20% of the purchase price as a cancellation fee; for custom-made products or special vehicles, the cancellation fee is at least 50% of the purchase price, without prejudice to the right to claim further damages.

§ 12 Warranty

(1) For the quality of the materials used, the construction, and the workmanship of the purchased product, the seller provides the first purchaser with a warranty for a period of 24 months from the transfer of risk for newly manufactured car trailers up to 3.5 tons, and for a period of 12 months from the transfer of risk for newly manufactured air-braked trailers. For used products, display vehicles, demonstration vehicles, or bargain offers, any warranty is excluded, provided the purchaser is a merchant, a legal entity under public law, or a special fund under public law. For consumers as the first purchaser, the statutory provisions apply.

(2) Complaints or claims regarding recognizable, incomplete, or incorrect deliveries, or any transport damage, must be noted in writing on the waybill/CMR immediately, and at the latest upon receipt of the goods, and communicated to the seller in writing. Defects that cannot be discovered even with the most careful inspection within this period must be reported in writing immediately upon discovery. In commercial transactions between merchants, Sections 377 and 378 of the German Commercial Code (HGB) remain unaffected. Warranty claims must be reported using the seller's corresponding notification form.

In the event of justified complaints, the seller is initially obligated, at its discretion and to the exclusion of any other claims, to repair (maximum 3 attempts) and/or provide a replacement. In the case of remedying defects, the seller is obligated to bear the expenses necessary for this purpose, in particular labor and material costs. The buyer's transportation costs to/from the place of performance are not covered. The buyer is obligated to return the defective parts to the seller or to allow the seller to collect them.

(3) In the event of delayed, omitted, or unsuccessful rectification (maximum 3 attempts) or replacement delivery, the buyer may demand a reduction in price or withdraw from the contract. The same warranty applies to replacement deliveries and repairs as to the original item. Technically necessary changes to the design or form, as well as deviations in color or shade, do not constitute defects, provided they are reasonable for the buyer, taking into account the seller's interests.

Claims for defects do not generally exist in the case of only insignificant deviations from the agreed quality, only insignificant impairment of usability, failure to observe prescribed maintenance intervals or service intervals, natural wear and tear, or damage that occurs after the transfer of risk as a result of faulty or negligent handling, excessive strain on unsuitable operating equipment, or due to special external influences that are not stipulated in the contract.

However, the warranty only lasts until the end of the warranty period for the original item, unless a statutory provision applies. Complaints regarding defects do not release the buyer from the obligation to comply with the agreed payment obligations. Any assurance of specific characteristics requires a written declaration and confirmation from the seller.

(4) For parts which the seller has not manufactured himself, he shall only provide a warranty in the form in which he himself receives a warranty from the manufacturer of these parts and primarily only in the form of the assignment of such claims to the buyer.

(5) The warranty provided by the seller is void if improper repairs have been carried out on the delivered item by the seller or a third party, or if the item has been modified by the installation of parts of third-party origin, and the damage is causally related to the modification. No claims for defects may arise from the resulting consequences. Furthermore, the warranty is excluded if an exceedance of the permissible total weight or axle loads according to the relevant provisions of the Road Traffic Regulations, or the payload or chassis load-bearing capacity stipulated in the delivery contract, is determined. Natural wear and tear and damage resulting from negligent and/or improper handling are excluded from the warranty.

(6) Color variations in paintwork, color schemes of all types of parts, tarpaulin colors, and digital prints within technically permissible and unavoidable limits do not constitute a defect. In connection with the introduction and conversion to REACH-compliant paints and manufacturing processes, no guarantee can be given for color fidelity of paintwork, color schemes of all types of parts, tarpaulin colors, and digital prints on new vehicles compared to vehicles already delivered.

§ 13 Spare Parts

The provisions of these General Terms and Conditions in sections I – IX also apply to spare parts with the following additions: 

1. Spare parts from the seller's standard spare parts range are sold against prepayment or on account. Delivery includes packaging, plus shipping costs.

2. The delivery must be inspected immediately. For any returns, a special return slip must be included with the goods; this will be sent by the seller upon request. Goods returned freight collect or without a return slip will not be accepted by the seller. 

3. In the event of incorrect orders of spare parts from the standard spare parts range by the buyer, the buyer is obligated to return the goods undamaged and carefully packaged to the seller at their own expense. The seller is entitled in this case to charge a processing fee of 10% of the net value of the goods to cover the resulting administrative and storage costs. 

4. In the event of incorrect delivery of spare parts from the seller's standard spare parts range, or in the case of justified warranty claims regarding spare parts, the buyer is obligated to report this immediately and to carefully store the goods. The seller is entitled and obligated to arrange for the goods to be collected from the buyer at their own expense. 

5. The seller does not accept returns of properly delivered special parts, special tarpaulins or manufactured parts produced at the buyer's request. 

6. If, at the express request of the buyer, the shipment is made as overnight shipping without a depot, the buyer bears the sole increased risk from the transfer of risk. 

7. During the period of delay in payment of the requested advance payment within a set deadline or in the acceptance of spare parts by the buyer, the seller shall store these products for the buyer at the buyer's risk, subject to an express agreement of exclusion of liability: The seller is entitled to charge the buyer a reasonable storage fee of at least four euros per product per day.

§ 14 Final Provisions

(1) Austrian law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.

(3) The seller is entitled to make editorial changes to the text of the terms and conditions on an ongoing basis. The buyer waives the right to be notified of such changes.

(4) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the provider's place of business.