1. Scope of validity

These General Terms and Conditions (GTC) apply to all mutual claims between
MAS medizinische Produkte Handel & Personalbereitstellung GmbH
(hereinafter referred to as “MAS”)
Hauptstraße 50
8431 Gralla
Austria
Phone: +43 3452 85512
Fax: +43 3452 85512-3
E-Mail: office@mas.at
and their customers, unless otherwise agreed in writing.

2. Conclusion of contract

2.1. The information provided by MAS on its website or in catalogs, price lists, brochures, etc. regarding its products (in particular prices) does not represent a sales offer, but an invitation to the customer to submit an offer.
2.2.
Bestellungen des Kunden stellen verbindliche Kaufangebote dar.
Der Vertragsabschluss erfolgt erst durch ausdrückliche Annahme durch MAS des vom Kunden gestellten Kaufanbots (siehe Punkt 2.5.).
2.3. In the case of an order process in MAS’s online store, the customer has the option of selecting the desired goods, collecting them in the shopping cart and clicking on the “order and pay” button in order to send the binding order. The customer then receives an automatic confirmation of order, which documents that the order has been received, although this does not constitute acceptance of the customer’s offer.
2.4. After submitting the offer, MAS checks the availability of the goods. If the goods ordered by the customer are not available, the customer will be informed separately within a reasonable period of time.
2.5.
Ist die bestellte Ware verfügbar, wird das Angebot von MAS mittels Übersendung einer schriftlichen Bestellbestätigung angenommen.
Der Vertrag zwischen MAS und dem Kunden kommt daher nur dann zustande, wenn dem Kunden die Bestellbestätigung versendet wird.
Der Vertrag bezieht sich nur auf die Produkte, die in der Bestellbestätigung angeführt sind.

3. Prices and shipping costs

All prices are quoted in euros including VAT. Price changes and pricing errors are reserved. If the correct price is higher, the customer will be contacted by MAS and in this case the contract will only be concluded if the customer also wishes to purchase at this higher price and submits an effective contractual declaration. If the price is lower, MAS will only charge the lower price. Shipping costs, if any, will be shown separately.

4. Due date and payment, default, retention of title

4.1. If the goods are ordered in the online store, the customer is obliged to pay the total amount (including any shipping costs shown) in advance. The purchase price can be paid using the payment methods displayed at the end of the order process. MAS reserves the right to restrict the payment methods.
For all other order types, the purchase price is due for payment upon transmission of the order confirmation, i.e. upon conclusion of the contract. In these cases, the customer also undertakes to pay the purchase price in advance.
4.3. In the case of advance payment, the customer must transfer the invoice amount to MAS’s account within seven (7) days of conclusion of the contract. The delivery period begins on the day after receipt of payment on the account.
4.4. If the customer is in default of payment, MAS is entitled to charge default interest of 9% per annum. In addition, MAS reserves the right to demand compensation for culpably caused damage.
4.5. Any repayment of the purchase price to the customer shall be made in the form of the original payment (i.e. credit to credit card or chargeback to account).

5. Delivery and transfer of risk

5.1. Unless otherwise agreed, delivery shall be made to the address specified by the customer. In the case of payment in advance, the delivery period begins after receipt of payment in the MAS account. In the case of payment by credit card, the delivery period shall commence at the latest on the day after receipt of payment from the credit card operator.
Information on delivery periods is generally non-binding, unless the delivery date has been bindingly promised by MAS in writing in individual cases. Partial deliveries are permissible. Agreed delivery periods shall apply unless there are unforeseen obstacles that are outside the control of MAS; in particular in cases of force majeure, operational disruptions, material shortages, strikes, etc.. In such cases, the delivery period shall be extended accordingly.
5.3. However, if the ordered goods, for whatever reason, cannot be delivered within thirty (30) days from the start of the delivery period, the customer shall be informed by MAS and may withdraw from the contract. The purchase price already paid will be refunded in accordance with point 4.5.
5.4. If delivery becomes impossible after conclusion of the contract due to circumstances for which MAS is not responsible, MAS is entitled to withdraw from the contract in whole or in part. MAS shall immediately inform the customer of these circumstances. The purchase price already paid or – in the case of partial withdrawal from the contract – a part thereof, will be refunded in accordance with point 4.5.
5.5. If the goods are shipped by MAS in accordance with the contract and are not accepted by the customer as agreed, MAS is entitled to insist on fulfillment of the contract, whereby in this case the customer is in any case obliged to bear the costs of a new delivery of the goods in the usual amount. If the customer refuses to accept the second delivery attempt in spite of the contract, MAS is entitled to store the goods in its warehouse ready for pick-up. The customer shall bear the risk of accidental loss of the goods.

6. Consumer’s right of withdrawal

If the customer is a consumer, he has the right to withdraw from a contract concluded at a distance or outside the business premises of MAS within fourteen (14) days and without giving reasons. The withdrawal period begins on the day on which the customer or a third party named by the customer, who is not the carrier, takes possession of the goods (or the last goods if several goods were ordered and delivered separately).
To make use of the right of withdrawal, the customer must send a declaration to MAS within the above-mentioned period, clearly stating that he/she is withdrawing from the contract.
To comply with the withdrawal period, it is sufficient for the customer to send notification of withdrawal before the end of the cancellation period.

Consequences of withdrawal

6.4. In the event of a (valid) withdrawal from the contract, MAS shall refund all payments made by the customer, including shipping costs, immediately and at the latest within fourteen (14) days from the day on which MAS receives notification of the withdrawal. The refund shall be made in accordance with point 4.5. of these GTC. Under no circumstances will fees be charged for the repayment.
6.5. In the case of withdrawal from contracts where MAS has not expressly offered to collect the goods itself in the event of withdrawal, it is entitled to refuse repayment until it has either received the goods back or the customer has provided proof that the goods have already been returned.
6.6. If the customer withdraws from the contract, he must return the goods received to MAS at his own expense without delay, but at the latest within fourteen (14) days of submitting the declaration of withdrawal. The return period is deemed to have been observed if the customer dispatches the goods within this period.
6.7.
Der Kunde hat dafür Sorge zu tragen, dass die Ware ordnungsgemäß und insbesondere für den Rücktransport geeignet an MAS zurückgesendet wird.
6.8. The customer must compensate MAS for any loss in value that is attributable to handling of the goods that was not necessary to check the condition, properties and functionality of the goods. In this case, MAS is entitled to charge compensation corresponding to the economic depreciation and to deduct this from the refund amount.

7. Warranty

7.1. Unless otherwise agreed, the statutory warranty provisions shall apply. The warranty period for movable goods is two (2) years.
7.2.
Der Kunde hat eine Lieferung sofort nach Empfang eingehend zu untersuchen, und allfällige Gewährleistungsansprüche MAS gegenüber schriftlich geltend zu machen.
Der Mangel ist nach Art und Umfang so deutlich zu kennzeichnen, dass MAS den Grund der Beanstandung deutlich erkennen kann.
7.3.
MAS wird die vom Kunden erhobene Beanstandung entgegennehmen, wobei mit der Entgegenahme kein Anerkenntnis von Gewährleistungsansprüchen verbunden ist.
MAS wird die Beanstandung sorgfältig überprüfen und den Kunden innerhalb angemessener Frist über das Ergebnis der Überprüfung informieren.
Zwecks Prüfung der Begründetheit der Reklamation ist MAS berechtigt, vom Kunden die Rücksendung der Ware zu verlangen.
7.4. In the event of a valid complaint, MAS will either replace or repair the goods and reimburse the customer for any costs incurred in sending the goods to MAS.
7.5. Warranty is excluded for any defects caused by the customer. This is particularly the case in the event of improper handling or use, incorrect operation, improper use or unauthorized repair attempts.

8. Rent

8.1. Depending on availability and in order to enable customers to test the devices, MAS may offer the rental of individual goods for a maximum period of three (3) months against payment. Rental offers are non-binding.
8.2. For the conclusion of the rental agreement, point 2 of these GTC applies accordingly.
8.3. The start of the rental period is stated in the order confirmation. The rental contract has a maximum duration of three (3) months and ends after the agreed rental period without the need for a separate notice of termination. In the event of premature return of the goods for which MAS is not at fault, there shall be no reduction or refund of the rental fee, not even proportionately.
8.4.
Vor Mietbeginn hat der Kunde den vollständigen Mietzins und die gesondert bekanntzugebenden Transportkosten zu bezahlen sowie eine Kaution für allfällige Beschädigungen zu erlegen.
Die Höhe des Mietzinses und der Kaution sind der Preisliste zu entnehmen.
Punkt 4. dieser AGB gilt im Fall einer Vermietung sinngemäß.
8.5. The customer must return the rented goods to MAS at his own expense within three (3) days of the end of the rental period or return them to the premises of MAS during regular opening hours. The three-day period shall be observed if the customer hands over the parcel to the post office or another delivery agent for return within this period. Point 6.7. applies accordingly.
8.6. After returning the goods, MAS shall inspect them for any damage within two working days. If no damage for which the customer is responsible is found, MAS will refund the deposit paid to the customer within seven (7) days in accordance with point 4.5.
If MAS discovers damage culpably caused by the customer during the inspection of the goods, it shall notify the customer of this immediately. The costs for the necessary repair will be deducted in full from the deposit paid. Any remaining deposit shall be refunded to the customer within seven (7) days in accordance with point 4.5. If the repair costs exceed the deposit paid, the customer undertakes to pay the difference to MAS within seven (7) days of notification.
8.7.
Wird die Ware vom Kunden nach Mietende nicht fristgerecht im Sinne des Punkts 8.5.
retourniert, so wird MAS dem Kunden den vollständigen Kaufpreis der Ware laut aktuell geltender Preisliste verrechnen. The customer agrees to pay the purchase price to MAS within seven (7) days. The goods remain the property of MAS until full payment has been made.
8.8.
Entscheidet sich der Kunde während aufrechtem Mietvertrag die jeweilige Ware zu erwerben, so wird MAS dem Kunden den vollständigen Kaufpreis fakturieren und den erhaltenen Mietzins sowie die erlegte Kaution auf den Kaufpreis anrechnen und somit von diesem in Abzug bringen. In this case, the customer agrees to pay the difference to the full purchase price to MAS within seven (7) days. The goods remain the property of MAS until full payment has been made.

9. Liability

MAS is only liable for intentional or grossly negligent behavior. MAS shall only be liable for slight negligence with regard to its main performance obligations, personal injury and claims under the Product Liability Act.

10. Maintenance, retention, assignment of claims

The customer may only offset a claim if his claim has been legally established or recognized in writing by MAS. Claims of the customer against MAS may not be assigned to third parties, unless otherwise agreed in individual cases or the customer proves a legitimate interest in the assignment.

11. Data protection

11.1. The provisions on data protection are summarized in detailed data protection information, which is presented separately on our website www.mas.at/datenschutz and www.epad-friends.at/datenschutz respectively. The customer will also find the necessary information about the use of cookies there. The provisions on data protection are summarized in detailed data protection information, which is presented separately on our website www.mas.at/datenschutz and www.epad-friends.at/datenschutz respectively. The customer expressly consents to this collection, processing and use of personal data.
11.2. The customer may revoke this consent at any time by notifying MAS in writing. MAS is entitled to store the IP address of customers in order to be able to verify online orders. The customer is obliged to inform MAS of changes to his residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations shall also be deemed to have been received if they are sent to the last known address.

12. Miscellaneous, place of performance, place of jurisdiction

12.1. Austrian law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules.
12.2. The place of jurisdiction shall be the competent court for the city of Graz. If the customer is a consumer within the meaning of § 14 of the Consumer Protection Act, the place of jurisdiction is the court responsible for the customer’s place of residence. However, the customer may also bring legal action against MAS before the aforementioned court.
12.3. The GTC shall remain binding in their remaining parts even if individual points are legally invalid.