General Terms and Conditions (GTC) of SEIDL GmbH
Seidl GmbH
Allgäustraße 5, 6912 Hörbranz
Seidl Group
Terms and conditions
1. Scope
1.1. These General Terms and Conditions (GTC) apply to all business relationships between SEIDL GmbH (hereinafter referred to as “we” or “us”) and its business partners, unless otherwise agreed in writing.
1.2. The version of our GTC valid at the time of contract closing shall apply and is available at www.seidlgroup.com.
2. Offers and Contract Closing
2.1. Our offers are non-binding and without obligation.
2.2. A contract is concluded only upon our written order confirmation or upon delivery of goods.
3. Prices and Additional Costs
3.1. All prices are in Euro (€), exclusive of statutory value-added tax (VAT).
3.2. The prices valid at the time of the order shall apply. Shipping costs, additional services as well as any other extra charges will be shown and calculated separately.
4. Payment Terms
4.1. Unless otherwise agreed, the invoice amount is due immediately upon delivery.
4.2. Discounts or other price reductions require an explicit written agreement.
4.3. In case of payment delay, any granted reductions (such as discounts or rebates) shall be retroactively cancelled.
5. Retention of Title
5.1. Delivered goods remain our property until full payment of all outstanding claims has been made.
5.2. Resale, pledging, or chattel mortgage of the goods is not permitted until full payment has been received.
5.3. In case of payment delay, we are entitled to demand the return of the goods up to a reasonable deadline.
5.4. The business partner is obliged to immediately inform us of any insolvency applications or enforcement measures affecting any of the goods subject to our retention of title. 5.5. To enforce our ownership rights, we may – after prior notice – enter the location of the goods, provided this is reasonable.
5.6. Any reasonable legal enforcement costs arising in this context shall be borne by the business partner.
5.7. The enforcement of the retention of title shall only be considered a withdrawal from the contract if we expressly declare it as such.
6. Terms of Delivery
6.1. Deliveries within Austria and to Germany are made according to the Incoterm FCA (Incoterms® 2020). The specific place of delivery is individually agreed upon. The risk of loss of or damage to the goods passes to the business partner upon handover to the carrier. Any costs from the FCA delivery location onward shall be borne by the business partner.
6.2. For orders with a value above €3,000, delivery to the contractually agreed destination is made according to Incoterm CPT (Incoterms® 2020). We cover the freight costs up to the destination. However, the risk passes to the business partner upon handover to the first carrier.
6.3. Deliveries to Switzerland are made according to Incoterm DAP (Incoterms® 2020). Delivery includes transport costs and transport risk to the agreed destination. The business partner is responsible for import custom clearance and all import duties.
7. Warranty and Compensation for damages
7.1. The statutory warranty terms apply. In case of defects, the business partner is obliged to immediately report them in writing. The business partner bears the full burden of proof for any eligibility criteria, especially for the defect itself, the time of its discovery and the timely notice of defect (NOD).
7.2. SEIDL GmbH shall only be liable for intent and gross negligence. Liability for slight negligence is expressly excluded. This also applies to any misconduct by employees of SEIDL GmbH.
8. Data Protection
8.1. Protection of personal data is of highest importance to us. Personal data is processed exclusively on the basis of applicable data protection laws, in particular the General Data Protection Regulation (DSGVO) and the Austrian Data Protection Act (DSG).
8.2. The data required for contract fulfillment (e.g., name, address, email, telephone number, payment information) is processed by us for the purposes of order handling, business partner support, and – if permitted by law or expressly permitted – for sending information about our products.
8.3. Personal data will only be passed on to third parties to the extent necessary for contract fulfillment (e.g. to logistics or payment service providers) or in case of legal obligation.
8.4. At any time, business partners have the right to access, rectify, delete and restrict the processing of data as well as to receive a copy of their stored personal data. Moreover, they also the right to complain at the competent data protection authority.
8.5. Further information on data processing can be found in our privacy policy at www.seidlgmbh.com/impressum.
9. Final Provisions
9.1. Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the one closest as possible to the intended economic purpose.
9.2. Austrian law shall apply exclusively, under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
9.3. Place of performance is the registered office of SEIDL GmbH, Allgäustraße 5, 6912 Hörbranz, Austria.
9.4. The exclusive place of jurisdiction for all disputes arising from the contractual relationship is the competent court in 6800 Feldkirch, Austria