New Systems Handels GmbH
UID No: ATU 650 464 07
Commercial Registry No: FN328818g
Vienna Commercial Court
Member of the WKÖ
Legal form: GmbH
Chamber Membership: Austrian Federal Economic Chamber, Section “Commerce”
Authority under ECG (Electronic Commerce Act): County Administration of Mödling
Legislation: Trade regulations (www.ris.bka.gv.at)
Editorial Policy: The website and the free newsletters, forums and blog entries available on this website serve to inform about offers, activities and developments of “New Systems Handels GmbH” as well as to inform about and promote the sale of goods and services of the company.
These General Terms and Conditions (GTC) apply to all offers, deliveries, services and sales of goods by “New Systems Handels GmbH”. If a contract is concluded on the basis of these GTCs, they will apply to all further transactions with that customer, even if they are not referred to again.
By registering on the website (online shop), subscribing to the newsletter or placing an order, the customer accepts the effective version of GTC and agrees to them.
These provisions of the GTC correspond to the current version in force from September 2019.
The General Terms and Conditions may be revised by “New Systems Handels GmbH” at any time and are valid in the version current at the time of ordering, Newsletter subscription or customer registration.
The GTC apply to both consumers (B2C) and businesses (B2B), unless a distinction is made in the relevant clause. These Terms and Conditions shall apply exclusively. This means that general terms and conditions of business, purchase provisions or customer provisions contained in other documents, in particular terms and conditions governing the liability of the contracting parties, do not become a part of the contracts concluded between “New Systems Handels GmbH” and the customer, even if such provisions are not expressly contradicted.
The contractual and business language is exclusively German, even though the website may be displayed in other languages. All offers are subject to change and are not binding on availability of goods. The illustrations are only symbolic images and do not always correspond to the currently available products. Products in the online shop or on the website do not yet constitute an offer. The customer makes a binding offer only by placing an order. Before processing an order, the customer must provide his name, address and telephone number as well as an e-mail address from which he can receive, read, save and print e-mails from “New Systems Handels GmbH”, in the dedicated place provided of the online shop or otherwise.
Immediately after receipt of the order, which is treated as a binding offer for a contract, the customer will receive by e-mail a confirmation of receipt of their order. This confirmation, however, does not yet constitute acceptance of the contract offer and does not in any case lead to a binding contract.
The customer is bound by his order for two days after receiving this confirmation. The statutory right of revocation (right of withdrawal) remains unaffected. “New Systems Handels GmbH” has the right to refuse an order without giving any reasons. The contract is only concluded after acceptance by “New Systems Handels GmbH” or with the delivery or self-collection of the ordered goods. The customer will be notified of acceptance by email. “New Systems Handels GmbH” only accepts orders if delivery is made within Austria or to the countries listed on the website. In the case of articles purchased by weight, there may be a deviation of up to 20% of the delivery quantity from the order quantity. The purchase contract is not recorded by “New Systems Handels GmbH”. If the customer wants to print the text of the contract after placing the order, they can do so by printing all parts, including all attachments, of the invoice email.
The prices offered (Shop B2C) for the goods are in Euros (€), gross, and include all statutory taxes and charges for domestic deliveries, in particular VAT. However, the prices offered do not include packaging and shipping costs.
The prices offered (B2B Shop) for the goods are in Euros (€), net. However, the prices offered do not include packaging and shipping costs. Unless explicitly stated otherwise in individual cases, prices on the website, in catalogues, brochures, price lists etc. are never binding. Prices are also non-binding for reorders. In any case, the list prices on the date of receipt of the order by “New Systems Handels GmbH” shall apply. Binding prices are stated on the order confirmation. All costs resulting from shipping are borne by the Buyer. The cost of delivery is displayed when placing an order on the website after having made the correct selection in the shopping cart. For deliveries outside of Austria, additional duties and/or fees may apply, including any import or export duties and any consumption taxes, which may lead to changes in the gross prices offered. Such duties and/or charges shall be borne by the Buyer at the appropriate statutory rate. Furthermore, deliveries outside Austria can only be made if there are no legal or disproportionate logistical obstacles to delivery.
The purchase price is payable without deduction at the conclusion of the contract.
Even if a customer defaults on a payment through no fault of the customer, interest may be charged for late payment at 4% per annum above the base rate for consumers and 9.2% per annum above the base rate for businesses. After a second unsuccessful reminder, the claim is pursued in court. In the event that “New Systems Handels GmbH” wins the case in court, the customer shall also bear the costs of “New Systems Handels GmbH” for necessary and appropriate judicial and extrajudicial collection measures in accordance with the Lawyers’ Fees Act (RATG) as amended.
Payment is made optionally by:
“New Systems Handels GmbH” reserves the right to exclude payment methods after checking the creditworthiness of the customer.
Charges resulting from incorrect account details or chargebacks shall only be borne by “New Systems Handels GmbH” if it is responsible for them. Otherwise they shall be borne by the customer. If the payment method “credit card”, “instant bank transfer” or “SEPA direct debit” is selected, the payment will be processed through the contractual partner Stripe, Inc (www.stripe.com). The customer is obliged to comply with the General Terms and Conditions also in the context of payment processing. If the payment method “PayPal” is selected, payment is made through the contractual partner PayPal (Europe) S.à r.l. et Cie, S.C.A (www.paypal.com). The customer is obliged to comply with the General Terms and Conditions also in the context of payment processing. The goods remain the property of “New Systems Handels GmbH” until the purchase price and other costs to be borne by the customer have been paid in full. During the period of retention of title, the customer shall not be entitled to pledge the goods or encumber them with any other right of third parties.
In case of default of payment by the customer, “New Systems Handels GmbH” is entitled to assert its rights under retention of title. It is agreed that assertion of the retention of title shall not constitute withdrawal from the contract unless we expressly declare our withdrawal from the contract. In the event of a resale of the goods, the customer shall assign to “New Systems Handels GmbH” already now and irrespective of any delay in payment all claims against third parties arising from the resale up to the amount of the purchase price agreed in the respective purchase contract, including delivery costs and all reminder costs and default interest. In case of the resale of goods, the customer undertakes to inform “New Systems Handels GmbH” without delay and to disclose the purchaser’s data. At the same time, the purchaser shall be informed of the assignment of the claim.
Sales of all merchandise are subject to deliverability. The delivery dates stated on the website, in catalogues, brochures, price lists etc. as well as the delivery dates stated below are non-binding target values from which the customer may not derive any claims. The following provisions apply to deliveries within Austria: Deliveries are made on average within 1-3 business days of order acceptance. Delivery is made by a suitable logistics partner. As a rule, the customer is informed about the shipment of goods by sending a delivery notice.
For deliveries to other countries, the following provisions apply: Unless a different delivery date is specified during order placement, delivery times to other European countries are usually 6-7 working days from receipt of order. For countries outside Europe, “New Systems Handels GmbH” will be happy to inform the customer about delivery terms and shipping costs upon request.
The transfer of risk takes place when the goods are handed over to the forwarder or carrier, but at the latest when the goods leave the warehouse of “New Systems Handels GmbH”.
The dispatch or delivery dates stated by “New Systems Handels GmbH” at the conclusion of the contract are non-binding and are to be understood only as estimated delivery dates. The delivery time shall be extended due to unforeseen events such as force majeure or obstacles beyond the control of “New Systems Handels GmbH”. “New Systems Handels GmbH” is not responsible in case of delivery obstacles in the area of suppliers and manufacturers. If the delivery or adherence to the agreed delivery time is impossible due to force majeure or circumstances for which “New Systems Handels GmbH” is not responsible (such as, in particular, non-delivery of goods by manufacturers or suppliers), “New Systems Handels GmbH” shall be entitled to withdraw from the contract in whole or in part. Failure to meet delivery deadlines shall not entitle the customer to claim damages.
The customer may withdraw from the contract if the shipping or delivery date is exceeded by at least four (4) weeks and an appropriate additional period of at least two (2) weeks is granted. The declaration of withdrawal must be made by registered letter. If the customer delays collection, “New Systems Handels GmbH” is entitled to store the goods at its premises, for which we charge a storage fee of €2.00 plus VAT per started calendar day. At the same time, we retain the right to insist on performance of the contract or, after setting a grace period of two weeks, to withdraw from the contract and resell the goods to another customer, in which case the Buyer shall pay an immediately payable processing fee of 10% of the purchase price plus VAT. Complaints about deliveries and services do not entitle the customer to withhold payment. The customer is not entitled to offset his claims against those of “New Systems Handels GmbH”.
Customers who are consumers within the meaning of Directive 2011/83/EU have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period shall be fourteen days from the day on which the customer or a third party indicated by him, not being the carrier, has acquired possession of the goods.
To exercise the right of withdrawal, the customer must inform “New Systems Handels GmbH”, e-mail: email@example.com, by e-mail about his decision to withdraw from this contract.
In order to meet the withdrawal deadline, it is sufficient for the Customer to send information about the exercise of the right of withdrawal before the expiry of the withdrawal period.
If the customer withdraws from the contract, “New Systems Handels GmbH” must reimburse the customer all payments he has received from the customer, including the costs of delivery (with the exception of additional costs resulting from the fact that the customer has chosen a shipping method other than the most favourable standard delivery offered by “New Systems Handels GmbH”), without undue delay and at the latest within fourteen days of the day on which “New Systems Handels GmbH” received notification of withdrawal from the contract.
For refunds, “New Systems Handels GmbH” shall use the same payment method that was used by the customer in the original transaction, unless expressly agreed otherwise with the customer. Under no circumstances will fees be charged for making a return.
The direct costs of returning the goods shall be borne by the customer, regardless of the value of the goods ordered and regardless of whether the goods were delivered to the customer free of charge.
“New Systems Handels GmbH” may refuse a refund until the goods are received back or until the customer provides proof that he has returned the goods, whichever is the earlier.
The customer shall only be liable for loss of value of the goods if this loss of value is due to handling that is not necessary to check the quality, properties and functioning of the goods.
The right to withdraw from the contract does not apply in the case of:
Subject to compliance with the agreed terms of payment, “New Systems Handels GmbH” shall be obliged in accordance with the following provisions to remedy defects existing at the time of handover which affect functionality, result from faulty design or material or are due to faulty workmanship. No warranty claims may be derived from information contained in catalogues, brochures, advertising material and from written or oral statements that are not expressly included in the contract. The provisions for a statutory guarantee apply. The warranty period for the delivery of movable goods is 2 years from the date of receipt of goods.
The warranty expires immediately if the customer himself or a third party not authorized by “New Systems Handels GmbH” makes changes to the delivered products without the express written consent of “New Systems Handels GmbH”.
In the case of justified claims for defects, replacement or repair will be made free of charge, with observation of the appropriate period. If replacement or repair is not an option (impossible, too much work, unreasonable, delay), the buyer has the right to reduce the price or, if the defect is not minor, to cancel the contract (defect in the item).
Potential defects should be reported upon delivery if possible, or after they have been discovered. If the purchase is a business-to-business (B2B) transaction for the customer, they must inspect the goods no later than 2 weeks after receipt and notify us immediately upon discovery of a defect. If this is not the case, the delivery shall be deemed to have been accepted without reservation and no warranty or damage claims may be asserted; the same shall apply if hidden defects are not notified in writing within one (1) week of their discovery. The warranty period for B2B is six (6) months from receipt of products by the customer. Notwithstanding § 924 ABGB (Austrian Civil Code), it is the customer’s responsibility to prove the defect. The provisions of § 933b ABGB shall not apply.
Taste, customary or slight deviations in quality, quantity, colour, size, weight, equipment or appearance due to technical reasons as well as age-related changes in taste, colour and packaging shall not constitute warranty defects or non-performance of the contract. The warranty does not cover damage that occurs after the transfer of risk due to faulty or negligent storage or comparable other causes.
Complaints based on statutory warranty claims or other complaints can be submitted to the contact details given in these GTC. The customer is not entitled to withhold or offset payments due to warranty claims or other counterclaims. “New Systems Handels GmbH” as the operator of the online shop mentioned in the imprint provides its services with the utmost care, but is not responsible for services provided by third parties or obtained from third parties. All warranties must be sought from the warrantor (from the manufacturer/sometimes also from the seller, if the manufacturer is the manufacturer) and are governed by its provisions. The assertion of a guarantee does not limit the statutory guarantee.
“New Systems Handels GmbH” is only liable for damages in case of intent or gross negligence. The liability of “New Systems Handels GmbH” is generally limited to direct damage to the delivery. “New Systems Handels GmbH” shall not be liable for damages to goods not covered by the contract, for loss of profit or for direct or indirect consequential damages. This does not apply to personal injury, product liability claims or consumer transactions. The injured party must prove the existence of slight or gross negligence, unless it is a consumer transaction. Compensation for consequential damages (defects) as well as other property damage, financial losses and damages of third parties against the customer, as long as it is not a consumer transaction, is excluded. The limitation period in Section 13 of the Manufacturing Liability Act is reduced to three years. The customer is obliged to pursue claims for damages in court within 6 months, otherwise they are forfeited. In the event of a breach of material contractual obligations, “New Systems Handels GmbH” shall be liable for a maximum of 100% of the purchase price or order value for which it is responsible.
The limitations and exclusions of liability also include claims against employees, representatives and assistants of “New Systems Handels GmbH” for damage caused by them to the customer without any connection with the contract concluded by them with the customer. All information has been carefully checked; nevertheless, “New Systems Handels GmbH” cannot absolutely exclude errors and spelling mistakes.
“New Systems Handels GmbH” in particular is not responsible for the misuse of the customer’s password if it is used by unauthorized persons. Any such abuse is at the customer’s expense.
“New Systems Handels GmbH” complies – insofar as the goods sold are medical devices – with the applicable regulations, in particular the MDR. In particular, it shall provide for the necessary marking, the required conformity testing and the compilation of the manufacturer’s recommended data. If the customer resells the products of “New Systems Handels GmbH” in countries where “New Systems Handels GmbH” has not organised the sale itself, the customer, as vendor, is responsible for providing, together with a translation, the information that, in accordance with Annex I, point 23, the manufacturer should have provided for the product already placed on the market and the further information required for placing the product on the market in the Member State concerned. The customer or seller indemnifies “New Systems Handels GmbH” against all claims of third parties due to non-compliance with the above provisions.
The place of performance of the contract is Vienna.
The exclusive place of jurisdiction for all disputes relating to the contract and its performance shall be the place of jurisdiction where “New Systems Handels GmbH” has its registered office.
The legal relationship between the parties is governed exclusively by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and national and international conflict-of-law rules.
For EU consumers, their national consumer legislation applies, unless the relevant Austrian legislation is more favourable for the consumer. Should one or more provisions of these GTC be or become invalid or ineffective in whole or in part, the remaining provisions shall remain unaffected thereby. The ineffective or unenforceable provisions shall be replaced, in accordance with the meaning and purpose of these Terms, by legally effective and enforceable provisions that come closest in their economic effect to the ineffective or unenforceable provisions. This also applies in the event of any shortcomings in the contract. The customer is obliged to inform “New Systems Handels GmbH” of any change in his business address as long as the contract has not been fully executed by both parties. Where such notification is omitted, declarations shall also be deemed to have been received if they were sent to the customer’s last known address.