General Terms and Conditions (GTC) of SEIDL GmbH
Seidl GmbH
Allgäustraße 5, 6912 Hörbranz
Seidl Group
Terms and conditions
1. Scope of Application
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 conclusion shall apply. The current version is available at www.seidlgroup.com.
2. Offers and Conclusion of Contract
2.1. Our offers are non-binding and subject to change.
2.2. A contract is only concluded upon our written order confirmation or by delivery of the goods.
3. Prices and Additional Costs
3.1. All prices are in Euros (€) and exclusive of statutory VAT.
3.2. The prices valid at the time of the order apply. Shipping costs, additional services, and other incidental expenses are shown and invoiced separately.
4. Terms of Payment
4.1. Unless otherwise agreed, the invoice amount is due immediately upon delivery.
4.2. Discounts or other price reductions require an express written agreement.
4.3. In the event of payment default, any granted reductions (e.g. discounts or rebates) shall be forfeited retroactively.
5. Retention of Title
5.1. Delivered goods remain our property until all outstanding claims have been paid in full.
5.2. Resale, pledging, or transfer by way of security of the goods is not permitted until full payment has been made.
5.3. In case of payment default, we are entitled to demand the return of the goods after setting a reasonable deadline.
5.4. The business partner is obliged to inform us without delay about insolvency applications or enforcement measures affecting our retained goods.
5.5. To assert our ownership rights, we may – after prior notice – enter the location of the goods, provided this is reasonable.
5.6. All reasonable legal enforcement costs incurred in this context shall be borne by the business partner.
5.7. The assertion of retention of title shall only be considered a withdrawal from the contract if we explicitly declare this.
6. Delivery Conditions
6.1. Deliveries within Austria and to Germany are made based on the Incoterm FCA (Incoterms® 2020). The specific place of delivery will be agreed individually. The risk of loss or damage to the goods passes to the business partner upon handover to the carrier. All costs from the FCA delivery location onward are borne by the business partner.
6.2. For orders with a goods value exceeding €3,000, delivery is made according to Incoterm CPT (Incoterms® 2020) to the contractually agreed destination. We bear 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 in accordance with Incoterm DAP (Incoterms® 2020). The delivery includes transport costs and transport risk up to the agreed destination. The business partner is responsible for customs clearance and all import duties.
7. Warranty and Liability for Damages
7.1. Statutory warranty provisions apply. In the event of defects, the business partner is obliged to report them in writing without delay. The business partner bears the full burden of proof for all requirements of the claim, particularly the defect itself, the time of discovery, and the timeliness of the defect notification.
7.2. SEIDL GmbH is only liable for intent and gross negligence. Liability for slight negligence is expressly excluded. This also applies to any misconduct by SEIDL GmbH employees.
8. Data Protection
8.1. Protecting personal data is important to us. We process personal data exclusively on the basis of applicable data protection laws, in particular the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).
8.2. The data required to fulfill the contract (e.g., name, address, email, telephone number, payment information) is processed by us for the purpose of order processing, customer care, and – where legally permitted or expressly authorized – to send information about our products.
8.3. Personal data is only disclosed to third parties if necessary for contract fulfillment (e.g., to logistics or payment service providers) or if there is a legal obligation.
8.4. Business partners have the right to access, correct, delete, restrict processing, and request data portability of their stored personal data at any time. There is also a right to lodge a complaint with 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 invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by one that most closely reflects the economic intent.
9.2. Austrian law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
9.3. The place of performance is the registered office of SEIDL GmbH, Allgäustraße 5, 6912 Hörbranz.
9.4. The exclusive place of jurisdiction for all disputes arising from the contractual relationship is the competent court in 6800 Feldkirch.