Terms and Conditions
General Terms and Conditions (GTC)
of VEMO GmbH, Bachleiten 4, 4680 Haag am Hausruck, Tel: 0043-7732-3711700, E-Mail: office@vemo.at.
1. Scope of Application
1.1. These General Terms and Conditions (GTC) of VEMO GmbH, Bachleiten 4, 4680 Haag am Hausruck (hereinafter also referred to as “we” or “us”) apply to orders (hereinafter referred to as “order”), as well as the sale and delivery of all goods from our range as well as for other legal transactions, and these GTC are acknowledged by the customer (hereinafter also referred to as “you”) with every order; the GTC may be amended by us at any time and shall apply in the version current at the time of your order.
1.2. In addition, these GTC are freely available on our website at any time and can be saved and printed out by you in a reproducible form.
1.3. We do not recognize any provisions of the contractual partner (customer) that contradict, deviate from, or supplement our GTC.
1.4. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs as defined by § 1 of the Consumer Protection Act (KSchG), unless individual clauses expressly apply exclusively to entrepreneurs or consumers.
1.5. Should individual provisions of these GTC or of the contract concluded with the contractual partner be or become invalid in whole or in part, this shall not affect the validity of the remainder of the contract.
1.6. The following applies to entrepreneurs: If these GTC were not provided to you with the offer or were not made available to you on another occasion, these GTC shall nonetheless apply if you knew or should have known them from a previous business relationship.
1.7. The following applies to entrepreneurs: If there are gaps in the contract, the contracting parties undertake to reach an agreement that comes as close as possible to the economic result of the invalid provision; should an amicable agreement not be reached, a provision shall be deemed agreed that most closely corresponds to the invalid provision.
2. Order and Conclusion of Contract
2.1. Our offers and communications – including those made in response to your inquiry – are subject to change and non-binding in all components if and to the extent that they are not expressly stated as binding for a specific period. Cost estimates are non-binding in every respect, unless we expressly declare the binding nature of the cost estimate in writing within the cost estimate.
2.2. The presentation of goods in our online shop merely constitutes a non-binding invitation to order goods from us. All offers and promotions in advertising material and in the online shop are only valid while stocks last. The respective online catalog loses its validity upon the publication of a new edition. Errors, printing, and typesetting mistakes are reserved. Documents belonging to offers such as illustrations, drawings, weight or size specifications, samples, etc., are standard approximations within the industry. Deviations of the delivered brand-name articles from the order are expressly reserved with regard to material and design in line with technical progress.
2.3. We only conclude contracts with natural and legal persons who have full legal capacity and have reached the age of 18. Persons under 18 years of age may only purchase our goods with the consent of a parent or guardian.
2.4. You are obliged to fill out (provide) the fields (or information) provided in the online form completely and truthfully. We reserve the right to refuse access to our website or to close an account at our own discretion.
2.5. After placing your order in the online shop, you will receive an automatically generated order confirmation by e-mail. This order confirmation again lists the data of your order as well as these GTC. The automatically generated e-mail order confirmation does not constitute acceptance of the offer, but merely documents that the order has been received by us. We will then check the availability of the goods.
2.6. Outside of the online shop the following applies: With the order, you bindingly declare your contractual offer. Any receipt confirmation we provide does not yet constitute binding acceptance of the order, but merely documents that the order has been received by us. We will then check availability. The receipt confirmation only constitutes a declaration of acceptance if we expressly confirm this therein. We are entitled to accept the contractual offer contained in the order within 2 weeks.
2.7. We are free to refuse orders without giving reasons. We reserve the right to determine the manner of execution of the order and only accept the order through a separate order confirmation by e-mail, but at the latest through the delivery of the ordered goods. A contract shall in any case only come into effect upon our acceptance of your order.
2.8. The following applies to entrepreneurs: We can only accept your order if we ourselves are supplied correctly and on time. We reserve the right not to perform the promised service in the event of its non-availability; in this case, we will notify you immediately of the non-availability and refund any payments already made by you without delay.
3. Prices and Terms of Payment
3.1. In the absence of a special agreement, all our prices are in EURO excl. VAT, and all payments to us must be made exclusively in EURO.
3.2. Prices do not include freight costs, import and export duties, processing fees, customs and customs charges, official commission fees, and ancillary charges. Deliveries and services not included in the prices will be communicated to you on a separate information page.
3.3. Without an express agreement to the contrary, shipment is uninsured; at your expense and risk.
3.4. Obvious errors, in particular errors already contained in our offer or in the documents belonging to the offer, entitle us at any time, at our discretion, to cancel the contract or to make appropriate changes to the agreed prices.
3.5. If delivery is made in parts, we are entitled to issue partial invoices.
3.6. Unless special payment terms have been agreed, our invoices are due from the date of the invoice, or at the latest upon receipt of the invoice, and are payable within a payment period of 14 days gross without deduction. Payment becomes due regardless of whether you have had the opportunity to check the delivery or whether you are asserting defects or damages to the delivery. Payment by bill of exchange or check is only considered fulfilled upon its covered redemption.
3.7. Setting off your claims against our claims is not permitted, unless your claims are legally related to your specific obligation, or they are claims that have been judicially established or acknowledged by us in writing. We or companies affiliated with us, however, may assert claims by way of set-off.
3.8. Payments can only be made with debt-discharging effect to the payment office(s) designated in the invoice; payments to representatives or delivery agents do not release you from your payment obligation. The day of payment is considered the day of receipt of the payment in our account.
3.9. We are entitled, notwithstanding any contrary provisions of yours, to offset payments first against your older debts. If costs and interest have already arisen, we are entitled to offset the payment first against the costs, then against the interest, and finally against the principal performance. A different dedication of the payment by you is invalid.
3.10. We reserve the right to demand on-account or advance payments as well as payment security from you – even before the execution of the delivery. If justified doubts about your solvency or creditworthiness arise after the conclusion of the contract, or if such circumstances that existed at the time of the conclusion of the contract only become known to us later, we are entitled to demand either cash payment or security before delivery, or to withdraw from the contract and demand reimbursement of expenses from you, as well as to revoke granted payment terms and to declare all credited claims immediately due.
3.11. If you are in default of payment, we are entitled, without a reminder, to demand interest at a rate of 4% from consumers and at a rate of 8% above the base interest rate from entrepreneurs, as well as to immediately declare all other not yet due invoices to be due and to charge pre-trial costs, in particular reminder fees and legal costs, and to immediately cancel other orders confirmed to you; in addition, we are entitled to demand the dissolution of the contract in whole or in part.
3.12. Cash discounts from already paid partial invoices become void in the event of default of payment with further partial invoices or the total invoice. Agreed delivery dates become void due to your default of payment. In the event of default of payment, we are entitled to make the handover of goods, regardless of which order, to you or the further completion of the goods dependent on the advance payment or bank-based security of the agreed price, or to withdraw from the contract entirely. If you are in default of payment regarding the remuneration secured by the retention of title, we are entitled at any time to take possession of the reserved goods, even if the contract has not yet been dissolved (right of withdrawal).
4. Delivery
4.1. For entrepreneurs the following applies: If the order confirmation contains no information, delivery ex works (according to Incoterms; i.e., our place of business) is agreed. Even if we contractually undertake to supply the goods, the place of performance remains our place of business or the delivery warehouse expressly named in the order confirmation. We reserve the right to choose the mode of shipment even in the event that the transport of the goods is to be arranged by you as agreed. We are entitled to carry out partial or advance deliveries; these are to be accepted and paid for by you.
4.2. In the absence of a contrary agreement, the delivery period begins at the latest of the following dates:
4.2.1. Date of the order confirmation
4.2.2. Date on which you have transferred the agreed payment
4.4. If, at your request, changes to the execution are required which necessitate additional supplies , these additional costs will not only be charged separately according to the actual material or time expenditure; this additional performance will extend the agreed delivery or completion deadline accordingly.
4.4. For entrepreneurs the following applies: Delivery dates and delivery periods are agreed to the best of our knowledge under the assumption of normal circumstances; unless they are expressly designated and agreed as fixed, they are always only considered as approximate delivery times, whereby an exceeding or falling short of delivery dates and periods of up to 14 days is in any case considered timely. Compliance with the delivery dates and periods by us is dependent on your compliance with any duties and conditions of any kind that you must fulfill prior to delivery; otherwise, we are entitled to a corresponding postponement of the delivery dates and periods without being in default. If you request a technical, commercial, or scheduling change to the order, we are entitled to unilaterally announce a new delivery period or a new delivery date.
4.5. For entrepreneurs the following applies: Through occurrences such as, in particular, fire and natural disasters and/or other cases of force majeure, the lack of means of transport, operational disruptions, strikes, labor restrictions, seizures, rejection of important workpieces, etc., at our premises, delivery delays of suppliers, traffic disruptions, accidents for which we are not responsible, delayed transport or late delivery of raw materials and components, unforeseen or unforeseeable difficulties with border clearance and import or export customs clearance, the delivery period will be extended accordingly or the delivery date will be postponed accordingly; this also applies if these occurrences have occurred at one of our suppliers. We will immediately inform you of the occurrence of such a circumstance and announce a new delivery date or a new delivery period.
4.6. For entrepreneurs, the following applies: We shall not be liable for any consequences of delay in the cases referred to in point 4.5.; in the event of such circumstances, we are entitled to withdraw from the contract in whole or in part without you being entitled to derive any claims therefrom; you are not entitled to withdraw or to assert claims of any kind in the aforementioned cases. If one of the circumstances mentioned in point 4.5. lasts longer than two months, both we and you are entitled to terminate the contract by unilateral written declaration; you do not (or no longer) possess this right if (i) you are responsible for the interruption or (ii) we have notified you of the cessation of the impediment and announced delivery within a reasonable period.
4.7. For entrepreneurs, the following applies: If you demonstrably incur damage as a result of a delivery delay caused by our gross negligence, a claim for compensation exists up to a maximum of 5% of the value of that part of the delivery which you cannot use in a timely or intended manner due to the delivery delay. Any further claims due to a delivery delay are excluded.
4.8. For entrepreneurs, the following applies: You are obliged to accept the goods by the confirmed delivery date or within the confirmed delivery period. The assertion of claims due to non-contractual delivery or the fact that you were unable to inspect the delivery does not entitle you to refuse or postpone acceptance. For call-off orders, you undertake to take over the goods no later than 14 days after completion. We have fulfilled our obligation when the delivery item is at your disposal, i.e., you have been notified of readiness for shipment.
4.9. For entrepreneurs, the following applies: If you are in default of acceptance (in particular due to failure to take over after notification of our readiness to ship), the goods will be stored at your expense and risk either (i) by us or by a third party, or (ii) shipped to you. If storage occurs by us pursuant to lit (i), we are entitled to charge you a fee corresponding to that of a public warehouse; our liability for any deterioration or loss of the goods stored by us shall only apply in the event of intent or gross negligence; this remains unaffected by our rights pursuant to §§ 373 et seq. of the Austrian Commercial Code (UGB). In the case of lit (ii), we are entitled to arrange the transport of the goods at your expense to your domicile, including transport insurance, whereby the choice of the mode of transport (truck, rail, ship, aircraft, etc.) remains at our discretion. If you fail to take over the goods in whole or in part or if you are in default of acceptance, we may (i) withdraw from the contract after setting a grace period of 14 days and/or (ii) demand damages for non-performance.
4.10. The correct provision of the delivery address is your responsibility. In the event of non-deliverability, we reserve the right to claim the resulting damages.
4.11. Delivery is generally carried out by parcel services or forwarding agents selected by us. When shipping, we determine the mode and route of transport.
4.12. For entrepreneurs, the following applies: Upon receipt of the shipment, the packaging must be checked for damage and, in the event of justified damage, notified in writing to the carrier or delivery agent, or acceptance must be refused with reference to the damage. You must lodge a complaint for incomplete deliveries or damage during transport with the responsible post office or delivery company within a reasonable period and provide us with a prepared report upon request.
4.13. For entrepreneurs, the following applies: The risk passes to you in all cases as soon as the shipment has been handed over to the person carrying out the transport or has left our warehouse for the purpose of dispatch. Upon the occurrence of default of acceptance, the risk of accidental deterioration and accidental loss passes to you in any case.
4.14. For entrepreneurs, the following applies: Externally visible transport damage must be complained about immediately upon receipt of the goods, and its nature and extent must be communicated to us immediately in writing or noted in detail on the delivery note or consignment note on site. You must notify us of open defects in detail in writing within 24 hours of receipt of the goods, or latent defects within 8 days of their discovery, and prove them within 2 weeks from the day of notification. If the complaint period is missed, no warranty, error, or damage compensation claims (including a claim for compensation for consequential damage) shall exist.
5. Right of withdrawal/cancellation for consumers in distance selling
Cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the final goods.
To exercise your right of withdrawal, you must inform us - VEMO GmbH, Bachleiten 4, 4680 Haag am Hausruck, Tel: 0043- 7732 – 3711700, E-Mail: support@mywire.at by means of a clear declaration (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, although it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You only have to pay 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 checking the quality, properties and functioning of the goods.
Exclusion or early expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.
The right of withdrawal expires prematurely in the case of contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
General notes
1. Please avoid damaging or soiling the goods. Please return the goods to us in their original packaging with all accessories and all packaging components. Use protective outer packaging if necessary. If you no longer have the original packaging, please ensure sufficient protection against transport damage using suitable packaging.
2. Please do not return the goods to us "carriage forward" (unfrei).
3. Please note that the aforementioned points 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
6. Warranty
6.1. Your warranty claims are governed by the statutory provisions. Irrespective of your statutory warranty claims and the right of withdrawal for distance selling contracts, returns and exchanges are generally not possible.
6.2. Minor deviations in format, color, material, and quality of the goods from illustrations are sometimes unavoidable and do not constitute a warranty claim.
6.3. No warranty can be provided for defects resulting from improper use or above-average wear and tear of the goods by you.
6.4. The following applies to entrepreneurs: We guarantee that the delivery corresponds to the quality specified in the order confirmation. Unless further claims have been agreed upon in writing in the contract, we provide a warranty for freedom from defects in materials and workmanship in accordance with the state of the art at the time the products are placed on the market by the supplier only to you, but not to third parties, upon fulfillment of payment obligations for our services. If you have received a sample, the goods are in accordance with the agreement if they correspond to the sample.
6.5. The following applies to entrepreneurs: Deviations in dimensions, weight, or quality are permissible within the framework of agreed or existing standards. Our warranty obligation applies only to defects that occur despite your compliance with the intended (installation) instructions; in particular, it does not apply to defects resulting from unsuitable or improper use, overstressing, faulty or negligent handling, unauthorized use or modification of the goods, and natural wear and tear; this also applies if the installation and other instructions of the suppliers are not met.
6.6. The following applies to entrepreneurs: A prerequisite for the warranty obligation is the fulfillment of the contractual obligations incumbent upon the buyer, in particular the agreed payment terms. Warranty claims against us are only available to the direct customer and cannot be assigned.
6.7. The following applies to entrepreneurs: The warranty period is 12 months, unless special warranty periods have been agreed for individual delivery items; this also applies to delivery and service items that are firmly connected to a building or land. A rectification of defects does not lead to an extension of the warranty period. The warranty period begins – provided no acceptance has been agreed – with delivery ex works or with dispatch, provided this is carried out by us.
6.8. The following applies to entrepreneurs: Externally visible transport damage must be reported immediately upon receipt of the goods, and its nature and extent must be communicated to us in writing without delay or noted in detail on the delivery note or freight bill on-site and countersigned by us to confirm the notice of defects. You must report obvious defects to us in detail in writing within 48 hours of receipt of the goods, or hidden defects within 8 days of their discovery, and prove them within 2 weeks from the day of the report. If the notice period is missed, there shall be no claims for warranty, error, or damages (including a claim for damages for consequential harm caused by a defect).
6.9. The following applies to entrepreneurs: If a timely notice of defects has been given and the non-conformity of the goods with the contract has been proven by you, we are entitled to remedy the non-conformity within a reasonable period by replacement delivery (exchange), and you can only demand an exchange by us. Rescission (Wandlung) is not an option if it is a minor defect within the meaning of the law. If an exchange is impossible or associated with disproportionate effort, you can only demand damages in money if we ourselves are guilty of intent or gross negligence. Compensation for consequential damages is also only permitted under this restriction. Other claims – in particular claims for damages – on your part due to defects are excluded.
6.10. The following applies to entrepreneurs: You are only entitled to return goods with our written approval; in all cases, these will be credited at a maximum of 90% of the effectively paid amount. You shall bear the resulting transport costs as well as the transport risk.
6.11. The following applies to entrepreneurs: In the event of defects, you are not entitled to withhold all or part of the purchase price.
6.12. For entrepreneurs, the following applies: Rights of recourse pursuant to § 933b of the Austrian General Civil Code (ABGB) are excluded.
7. Damages
7.1. We shall be liable for damages only for intentional or grossly negligent conduct, and, regardless of the degree of fault, for damages resulting from injury to life, body, or health. Compensation for consequential harm caused by a defect, as well as compensation for third-party damages, is excluded.
7.2. We cannot assume any liability for damages resulting from improper handling or misuse of the goods.
7.3. For entrepreneurs, the following applies: We shall only be liable to you for damages other than personal injury if intent or gross negligence is proven against us based on the circumstances of the individual case.
7.4. For entrepreneurs, the following applies: Compensation for consequential damages, pure financial losses, loss of profit, loss of interest, indirect damages due to the delivery of non-conforming goods, damages from third-party claims against you, for damages due to business interruption and production loss is excluded in any case. The contract concluded between the parties does not contain any protective obligations in favor of third parties; this also applies if it is foreseeable that a third party is the recipient of the service or that a third party will come into contact with the goods. Insofar as we or our vicarious agents provide technical information or act in an advisory capacity, and this information or advice does not belong to the contractually agreed scope of services owed by them, this is done free of charge and under exclusion of any liability. The claim for damages shall in any case expire upon processing or alteration of the delivery or its resale.
7.5. For entrepreneurs, the following applies: Damages may not exceed the amount that we could have foreseen as a possible consequence of the breach of contract. Any liability or recourse claims against us, including any claims resulting from consequential harm caused by a defect, are furthermore limited in amount to 50% of the remuneration agreed or paid to us in the context of the respective order and shall be time-barred within six months from the time the damage and the identity of the liable party first become known.
7.6. For entrepreneurs, the following applies: In the event that the limitations of our liability agreed upon herein should be legally ineffective in whole or in part, our liability is in any case restricted in content and scope to the maximum extent permitted by law.
8. Retention of Title
8.1. All goods and deliveries remain our property until full payment of the agreed purchase price and any ancillary charges.
8.2. For entrepreneurs, the following applies: Furthermore, we reserve title to our goods until payment of all claims and ancillary claims arising from the business relationship; this also applies if these specific goods have been paid for. Our ownership remains even if the delivered item is processed or otherwise transformed with other items of yours or those of a third party. Only in the event that a supplier has also effectively asserted an extended retention of title will the relevant delivery claims be assigned to us to the extent of his ownership share in the sold goods.
8.3. For entrepreneurs, the following applies: In the event of default in payment or suspension of payment on your part, initiation of insolvency proceedings, or other endangerment of satisfaction, you are obliged to mark the reserved goods for any third party by labeling or in some other way as our property. Regardless of this, those authorized by us are entitled at any time to carry out corresponding checks at your premises to protect our rights and to be provided with all documents necessary for this purpose. The reserved goods are then to be surrendered to us upon our request, free of freight and expenses, whereby we are authorized to take possession based on an irrevocably granted consent to removal, and in this case, we are also entitled, but not obliged, to sell the goods at our discretion by way of auction or private sale and to credit the proceeds against the net purchase price.
8.4. For entrepreneurs, the following applies: You bear the risk for the goods delivered by us; you are obliged to keep the goods carefully and insure them sufficiently against loss, theft, fire, etc. You must assign to us the claim arising from the insurance contract, specifically a first-ranking partial amount in the amount of the purchase price of the goods delivered by us under retention of title, and notify the insurer thereof; the same applies if the insurance does not cover the entire damage in full, so that we cannot be referred to a proportional compensation in such a case.
8.5. For entrepreneurs, the following applies: Pledging or security assignment of the goods under retention of title by you to third parties is excluded. In the event of seizure or other claim by third parties, you are obliged to point out our ownership rights, assert our ownership rights, and notify us immediately, at the latest within 24 hours; this assertion is in any case at your expense.
9. Intellectual Property Rights
9.1. The website operated by us as well as its entire content, in particular texts, photos, images, graphics, prints, textile designs, films, presentations, sounds, illustrations, and any software as well as all trademarks and/or design rights are protected against unauthorized use by industrial property rights, in particular copyrights, name and image rights, trademarks, and/or registered or unregistered design rights.
9.2. All news, graphics, and the design of our website serve exclusively for the personal information of our customers. Use is at your own risk. Reproduction, copying, and printing of the entire website are permitted only for the purpose of placing an order with us as the operator of the virtual shop. Any use outside of browsing and purchasing goods requires our prior written consent or, if the respective rights do not lie with us, from the rights holder. Any further processing, duplication, distribution, and/or public reproduction goes beyond customary use and constitutes a violation of copyright law.
10. Data Protection
Information on data protection can be found in our separate privacy policy, which does not form part of the contract but fulfills the information obligations of the GDPR.
11. Applicable Law, Place of Performance, Place of Jurisdiction
All legal transactions are subject to Austrian law, excluding the UN Sales Convention. The place of performance is the company's registered office in 4680 Haag am Hausruck. The place of jurisdiction is – to the extent permitted by law – Grieskirchen.