General Terms and Conditions

Version 6.5 from 06/07/2015

1. Object of Agreement
Only these General Terms and Conditions (T&Cs) apply to all business between the Buyer and ARP. By placing an order, the Buyer agrees to these T&Cs.

2. Agreement 
All offers are subject to change. An agreement between the Buyer and ARP is legally binding when the Buyer places an order with ARP that ARP accepts. The Buyer can place his order by telephone, order form, or online over the Internet. ARP accepts the order (a) by sending the customer an order confirmation (by fax, e-mail or post) or (b) by delivering the ordered goods (incl. delivery note).

3. Products 
All claims and technical specifications in relation to the products offered in the ARP catalogue and online shop were released by the manufacturer and are binding. Announcements from a third-party manufacturer or his affiliates concerning the products are only binding if they are explicitly mentioned in the agreement, or if ARP explicitly endorses these in official, written statements. ARP reserves the right to change design or technology, which improve the functionality of a product, and to correct inaccurate product descriptions or images, including list prices.

4. Terms of Payment
All catalogue prices are an approximation and subject to change in accordance with the current market value. All prices are in euros, excluding VAT, packaging, and delivery; packaging and delivery costs are charged separately. A handling surcharge of €10.00 is applied to orders of less than €100.00. This surcharge does not apply to online orders. Payment must be made net within 30 days of the invoice date. New customers may only make purchases by credit card, cheque or advance payment. ARP also reserves the right to demand payment by credit card or advance payment for deliveries to existing customers. The Buyer may settle an account with ARP by means of a counterclaim, only if the Buyer’s counterclaim is recognised or legally binding. The same also applies for retention of goods. Should the Buyer be in arrears, he agrees to, and is obligated to, compensate ARP for all costs, expenses and cash expenditures that accrue due to the collection of the respective receivables. Such costs also include in particular any fees due a collection agency or legal office.

5. Terms of Delivery 
Orders can only be taken from business, commercial and industrial customers and organisations, and shipped only to an address in Austria. Provided they are in stock, the products will be dispatched immediately to the address indicated by the Buyer. Otherwise, written confirmation of the order will be issued with an indication of the expected delivery date. If delivery is delayed by our supplier, which cannot be attributed to negligence on our behalf, ARP cannot be held liable for damages due to the delayed delivery. If it can be proven that ARP was negligent, the Buyer has the right to rescind the agreement in writing after a grace period of 14 (fourteen) business days. ARP is not liable for damages due to delayed delivery, including damages resulting from a rescission or non-delivery. The goods will be delivered (ex loading ramp) at the Buyer’s expense and risk, even in cases where part deliveries are made. If an ordered product is no longer available at the time of delivery, ARP explicitly reserves the right to exchange the product for an equivalent product. In the event that there is visible external damage to the ordered goods, claims will only be settled with confirmation from the respective carrier. Delivery costs per order are as follows: Weight / Delivery charge up to 2kg / €9.00 2 to 10kg / €12.00 10 to 30kg / €15.00 Larger packages, furniture and shipments over 30?kg in weight will be shipped by a forwarding company and invoiced separately.

6. Retention of title
The delivered goods remain the property of ARP until payment has been received in full. If the Buyer is in arrears in payment, ARP reserves the right to rescind the contract (written notice of withdrawal) and repossess the goods. The proceeds of any prior sale are the property of ARP.

7. Right to return goods 
The Buyer has the right to return the goods without an explanation within 14 business days provided that the returned goods are not damaged, are in full working order, are complete, delivered in undamaged original packaging (without any markings by the Buyer), and accompanied by a completed returns form, which can be downloaded as a pdf file from the ARP shop under Kontakt (Contact). Before returning goods, the Buyer must first obtain a return authorisation number. If the above conditions are not met, ARP reserves the right to charge a handling fee of €40.00. This handling fee will also be levied if the returned goods were not accepted. The period for the right of return begins when the Buyer receives the goods. The Buyer bears the return costs. The right of return for monitors, printers, memory modules, processors, scanners, digital cameras, hard drives, PCs, PDAs, notebooks, books, consumables, storage media, mobile phones, navigation systems, and software only applies if their packaging has not been opened. Opening the original packaging voids the right of return of these products. Furthermore, there is no right of return for overhead projectors, paper, any customised goods or goods not on stock but requested specially by the Buyer. If the Buyer has returned the goods properly and in time, he will receive a credit note, or a replacement, if the Buyer so chooses, from ARP. Product branding: due to technical reasons related to production, we reserve the right to increase or decrease the delivery quantity by 10% for products with customised labelling. For errors resulting from improper application of advertisements, the Buyer is entitled to compensation limited to the amount charged for applying the advertisement. Items that have been customised cannot be returned. Sample products will be issued for a period of 14 days. After the 14-day period, if the sample product has not been returned postage paid and free of expense, an invoice will be issued. A surcharge of €75.00 applies for imprinted sample products.

8. Warranty for defects and liability 
The Buyer is obligated to immediately inspect the packaging and its contents, and to immediately (within 12 hours of receipt of delivery) report any damages or missing contents to ARP. If the Buyer does not comply with this obligation, he forfeits all his rights to claim any transport damages or missing contents. The Buyer is obligated to thoroughly inspect the received goods for functionality and damage. The Buyer has 5 (five) business days after receipt of goods, or after discovery of hidden defects, to report any defects in their entirety to ARP while observing all reasonable instructions from ARP to troubleshoot and identify the defects. If the Buyer does not make his claim within the allotted time period, he forfeits his right to compensation for damages caused by defects. All products listed in the ARP catalogue will be replaced or repaired free of charge, as long as the Buyer has submitted his written claim within the allotted time period. Should ARP not be able to repair or replace defective goods, or if such replacement or repair is delayed for an unreasonable amount of time, for which ARP is liable, the Buyer is entitled to claim a reduction in price, or a rescission of the agreement. The warranty is rendered void, if changes or repairs are made to the goods without prior written consent by ARP, or if electric components or devices, which fall under an EMC directive, are incorporated or used together with products that have not been CE certified. ARP is not liable for pecuniary damages to the Buyer; this also applies to direct and indirect damages that can be attributed to improper use or natural wear and tear or damages that do not affect the delivered item itself (consequential damage caused by a defect). Notwithstanding the above provisions, should ARP be held liable for pecuniary damages resulting from the Buyer’s use of the product, liability shall be limited to the amount paid for the product by the Buyer. ARP is not liable for any damages exceeding this limitation unless damages resulted from ARP’s deliberate actions or gross negligence.

9. Intellectual property
ARP reserves all rights to all designs, texts and graphics on its website. Copying, or otherwise reproducing, the entire website or parts thereof is only permitted for the purpose of placing an order with ARP. The name ARP, all page headings, navigation bars, graphics and icons are registered trademarks or brands of ARP. All other trademarks, product names or company names/logos that feature on this website are the exclusive property of the relevant rightsholders. ARP reserves the rights of ownership and copyrights to pictures, drawings, calculations and other documents. The Buyer must obtain the explicit written consent of ARP before passing these on to third parties. Product branding: proofs, authorisation and product samples, and designs must be checked by the Buyer for typographical or other errors, and signed for approval and returned. The Buyer alone is liable for any missed errors. Any deviations in quality, dimensions, colour, design or material considered to be within a reasonable tolerance, or manufacture-related do not warrant a return. It is expressly agreed that the Seller is not liable for an infringement of any copyrights, in particular of any third-party copyrights, in the event that the Seller is requested to deliver products according to a design or template supplied by the Buyer. The Buyer is obligated to indemnify the Seller in full for any resulting damages should any third-party claims be made. ARP reserves the right to invoice designs and graphic design work separately that have been requested by the Buyer (€150.- per design).

10. Court of Jurisdiction and Applicable Law 
Any legal disputes regarding delivery from ARP shall be settled in the court of jurisdiction in the first district of Vienna. ARP also reserves the right to take its claims to any other applicable court of jurisdiction. This agreement is governed exclusively by the laws of the Republic of Austria, excluding however, the United Nations Convention on Contracts for the International Sale of Goods (Bundesgesetzblatt für die Republik Österreich – BGBl. 63/2010 – Official Austrian Law Gazette).

11. Final provisions
Conditions set by the Buyer that deviate from this agreement, or that are unfavourable to ARP are not valid even if ARP does not explicitly object to them. In cases where software is supplied, the manufacturer’s licence conditions enclosed with and/or included on the data carrier will also apply. By opening the sealed data carrier, the Buyer explicitly acknowledges the applicability of these conditions. Should individual provisions be or become invalid, this will not affect the legal validity of the other provisions of these T&Cs. In such a case, both parties are obligated to replace the nullified clause with a valid clause that is as close in meaning as possible to the original. ARP reserves the right to make changes to these General Terms and Conditions at any time.

12. Hotjar
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