DR. TEMT LABORATORIES – GENERAL TERMS OF BUSINESS
A Exclusion of Liability
1 Content of Online Offer
The author assumes no warranty at all for the timeliness, correctness, completeness or quality of the information that was made available. Any liability claim against the author that refers to material or immaterial damages and that was caused by the use or non-use of the presented information and/or by the use of defective and incomplete information is generally barred; provided that there is no verifiable intentional or grossly negligent fault on the part of the author.
All offers are subject to change and non-binding.
The author expressly reserves the right to, without a separate announcement, change, supplement or delete parts of the pages or the overall offer, or to occasionally or finally discontinue their publication.
2 References and Links
For direct or indirect references to external Internet sites („links“) that lie outside of the area of responsibility of the author, any liability obligation would arise solely in the case in which the author has knowledge of the content and, in the case of illegal content, it would be technically possible and reasonable for it to prevent use.
As such, the author expressly declares that, at the point in time of making the link, the correspondingly linked sites were free of illegal content. The author has no influence at all on the current and future organisation and content of the linked and/or connected sites Therefore, it hereby expressly dissociates itself from all content of all linked and/or connected sites that was changed after making a link.
The statement applies to all links and references made within the internal Internet offer, along with external entries in guest books, discussion forums and mailing lists furnished by the author. The vendor of the site for which a reference is made, and not the party that solely makes a reference through a link to the particular publication, is solely liable for illegal, incorrect or incomplete content and particularly for damages that arise from the use or non-use of such offered information.
3 Copyright and Trademark Rights
In all publications, the author endeavours to observe the copyrights of the used graphics, sound documents, video sequences and texts, use graphics, sound documents, video sequences and texts composed by itself or resort to licence-free graphics, sound documents, video sequences and texts.
All trademarks and brand names specified within the Internet offer and, if applicable, protected by third parties, are subject, without limitation, to the provisions of the applicable trademark rights and the possession rights of the respective registered owners. However, mere mentioning is not to lead to the conclusion that brand names are not protected by the rights of third parties!
The copyright for published items composed by the author remains solely with the author of the sites. Without the express consent of the author, any duplication or use of such graphics, sound documents, video sequences or texts in other electronic or printed publications is not permitted.
4 Legal Effectiveness of the Liability Exclusion
This liability exclusion is to be regarded as a component of the Internet offer, of which reference to this site is made. If parts or individual formulations of this text should not conform, no longer conform or not completely conform to the applicable legal situation, the remaining parts of the document remain unaffected by this in their content and validity.
B Publication of Prices
Our customers, dealers, representatives and/or purchasers are expressly prohibited from publishing on the Internet the products of W. Pauli with prices. This does not include prices for registered users on websites particularly furnished for this.
C Terms and Conditions of Sale and Delivery
We generally make deliveries only under the following terms and conditions of sale and delivery. The applicability of other terms and conditions, in particular the terms and conditions of purchase of the customer, requires an express written confirmation on our part.
§ 1 Offer and Acceptance
a Our offers are subject to change. Orders are binding on us only if we have confirmed them in writing or have commenced with their execution. Any change, addition or oral side agreement also requires written confirmation.
b In our offers, supplementing clauses to the designation of goods, such as „circa“,“as customary“,“as already supplied“ or similar additions, refer exclusively to the quality of the goods, but not the price. Such information in orders is to be so understood and, if necessary, a corresponding confirmation is so meant.
c Upon any order, you declare your unrestricted and unreserved agreement with our general terms and conditions of business. Provisions that deviate from these are valid only if we have confirmed them in written form. This also applies if we have accepted an order without reservation and in knowledge of deviating terms and conditions.
§ 2 Purchase Price and Payment
a Our prices generally do not include the statutory value-added tax and/or tariffs and export costs and packaging and/or transport costs.
b The minimum value per order amounts to 100 euros net. For organisational reasons, we must charge a handling fee thereunder.
c The purchase price is payable net cash upon delivery of the goods. Other payment dates are valid for collection starting from invoice date and/or supply. Any first order is due for payment by cash in advance or cash on delivery.
d In respect of purchasers and tradespersons, we reserve the right to, from the date of maturity, charge maturity interest in the amount of 2% over the particular discount rate of the Austrian Federal Bank. In event of delay, we can assert damages caused by delay that go beyond this.
e Notes and cheques are accepted only as conditional payment; they are deemed to be payment if they are redeemed. Expenses customary in banking are charged to the purchaser.
f The purchaser may make an offset against our purchase price receivable only with specifically agreed or legally determined receivables.
g If the purchaser is in delay with the payment of one of our invoices in an amount that is not insignificant, then all of our receivables arising from the business relationship become immediately due – regardless of any acceptance of notes. We are then further entitled to require cash payment prior to a further delivery. If the payment delay is not remedied within a reasonable grace period, then we are entitled to withdraw from the agreement or require payments for damages based on non-performance.
This particularly applies to agreed but not yet conducted subsequent transactions. If we become aware of facts from which it arises that the purchaser is no longer creditworthy, we are entitled to require cash payment prior to delivery of the goods, and to make our receivables due.
h Payments received over the contractual due date will be subject to interest, and costs of issuing repeat payment
§ 3 Delivery
a Our prices are ex works Vienna. The applicability of anything else requires express written confirmation on our part. Shipments/transport of goods are the responsibility of the buyer.
b If a fixed date is not expressly agreed, the agreed delivery periods and dates are always deemed to be approximate.
c Events of force majeure, which include government restrictions, strikes and lockouts, entitle us to withdraw from the agreement. In any such case, payment of damages based on non-performance or delay is barred. This also applies to any untimely delivery by our suppliers for which we have no fault.
d If an item is (still) not available, we reserve the right to make a replacement delivery of an equivalent item. Any subsequent delivery of an item that is not currently in the warehouse takes place free of postage.
§ 4 Shipment and Acceptance
The risk of transport from the point of delivery is always imposed on the purchaser. Upon any self-collection, the loading of the vehicle and the observance of statutory provisions concerning hazardous materials transport are incumbent on the purchaser and/or its assigned parties. In each case, the unloading and storage of the goods are in the area of responsibility of the purchaser.
§ 5 Packaging
On the returnable packaging made available by us, attached indications are not to be removed or our own labels and/or markings are to be applied.
Without consideration of fault, the purchaser is liable for reductions in value, exchange and loss. The admissions tests in our operations are controlling. To the extent that nothing else is expressly agreed, we assume no warranty for the condition of the packaging and its suitability. For specifications as to measurement, weight and service, commercial tolerances are reserved.
§ 6 Contract Work Development, Manufacturing and Packaging
a The delivery of raw materials and packaging materials (among other things) for the purpose of an order, and likewise the return of the finished goods, takes place at the cost and risk of the customer. We assume no liability for damages and losses to the materials warehoused with us. The insurance of warehoused raw materials, packaging and finished products is solely in the area of responsibility of the customer. We assume no liability for any damage.
b If the warehousing of raw materials, packaging or finished products should last longer than necessary for production, then we are entitled to charge warehousing costs in the amount of 6.00 euros / square metre plus VAT for each month that has commenced.
c The scope of service for commissioned orders expressly encompasses only the items specified in the scope of service. Further or subsequent auxiliary work is to be separately charged.
d If, within the framework of our work as a contract manufacturer, any complaint to our handling of an order arises, the following applies:
We are liable only for damages that arise from noncompliance with the production instruction of the customer.
The formula responsibility with its examination duties is to be borne solely by the customer. Our liability is ultimately limited to the value of goods at cost price, at a maximum in the amount of the labour price.
Claims for damages going beyond this are barred.
§ 7 Retention of Title
a Goods remain property of Dr.Temt Laboratories / W.Pauli until paid for in full.
b The ownership in the goods passes to the purchaser only upon the complete payment of the purchase price and all other (even those arising in the future) receivables arising from the business relationship with us. This also applies if payments are made on particularly identified receivables. For any current invoice, the reserved ownership applies as security for our balance claim.
c As long as the purchaser duly fulfills its commitments in respect of us, it is authorised to continue to use the goods subject to retention of title in the ordinary course of business.
d If the purchaser does not comply with its liabilities, even after the setting of a grace period, we are entitled to demand the return of the goods subject to retention of title without the setting of an additional grace period and without a declaration of cancellation. In the withdrawal of the goods subject to retention of title, a cancellation of the agreement is present only if we expressly declare this.
e To secure all of our receivables, the purchaser hereby assigns to us all claims arising from the on-sale of the goods subject to retention of title.
§ 8 Warranty Rights, Duties of Examination and Defect Notification of the Purchaser
a Complaints can only be taken into account immediately following receipt of goods.The purchaser must examine the goods and their packaging immediately upon delivery. If the goods are delivered in shipped parcels, then it must additionally examine the labeling of each individual shipped parcel for conformity with the order.
b Unopened products are accepted for returns if received with 14 calendar days from the date of invoice.
b For any defect determined upon an investigation in accordance with letter (a), the purchaser must immediately provide notice of the defect.
c If the purchaser fails to engage in the respective investigations or if it does not immediately provide an objection of a determined defect, then it loses its warranty rights regarding the defect that was determined and/or is able to be determined. The same applies in the event an erroneously wrong delivery, and even in the case of a deviation so substantial that an approval of the goods by the purchaser must be regarded as ruled out.
d For any concealed defect, the purchaser must provide notice of the defect immediately after discovery. Otherwise, the goods are deemed to be approved, also to that extent. In any event, the objection of a concealed defect is barred upon the expiration of eight weeks after receipt of the goods.
§ 9 Liability for Damages Caused by Defects and Other Damages
a For damages that arise through any defect in a purchased item, an erroneously wrong delivery or a defect in the packaging of the legal goods of the purchaser (including its assets), we are liable as follows:
1. To the extent that damages could have been avoided through adherence to the examination duties of the purchaser, any type of liability in respect of purchasers and legal entities under public law is barred, unless the damages are attributable to the intentional conduct of our statutory representatives.
2. To the extent that damages arise despite adherence to the examination duties of the purchaser, we are liable only for deliberate or grossly negligent contractual violations.
b For damages other than those governed above – regardless of the grounds for liability – we are responsible only if they were caused by a grossly negligent action on our part. Moreover, we are not liable for the suitability of the goods for the purposes intended by the purchaser. With the exception of tort claims, all claims are time-barred six months after the action causing the damages.
a) Data Protection
The data necessary for the handling of a transaction are stored under adherence to the applicable data protection regulations and are (if applicable) forwarded to third parties only for the advertising purpose of Dr. Temt / W. Pauli GesmbH & Co KG.
For further information and for any questions, we are happily available to you at the following address:
W. Pauli GmbH & Co.KG
1160 Vienna, Austria
Tel +43 (1) 488 11 – 0
Fax +43 (1) 488 11 – 30
c) Concluding Provisions
Jurisdiction for payment and disputes is Vienna, Austria. Wien FN 6325b, ARA-Lizenz Nr 3658, UID ATU 12375605, DVR 0875449, EORI ATEOS1000002312.
A note regarding ingredients: Dr. Temt Laboratories is dedicated to maintaining the accuracy of the ingredient lists on this website. However, because ingredients are subject to change, we cannot guarantee that these lists are complete and/or up-to-date. For an accurate listing of ingredients in each product, please refer to your product packaging.