Paul & Ernst GmbH
We attempt to keep our general terms and conditions as brief and as understandable as possible whilst upholding international legal parameters. In case you have any questions concerning our terms and conditions please do not hesitate to contact us.
Your paul&ernst team
- Contract Conclusion / Price / Payment
- The contract of purchase is concluded with the receipt of the down payment (generally 50% of the total order) on the paul&ernst company account. From this moment on the contract of purchase is binding for both buyer and seller.
- The balance payment for the product is due 5 working days before the shipping date of the product. The invoice for the balance payment is generally sent to the client 10 working days prior to the date of shipment. The product will be released for shipping after the arrival of the final payment on the paul&ernst company account.
- If the balance payment is not deposited on our bank account on time, the delivery will be postponed until the balance payment has arrived on the paul&ernst company account. In case of an extensive delay in receiving the balance payment paul&ernst company retains the right to charge storage fees for the product.
- Delivery and Delay
- The dispatch date will be announced to the buyer prior to finalizing the purchase agreement. Generally the dispatch date is about 8 weeks after having received the down payment. As the order situation may vary seasonally, paul&ernst GmbH cannot guarantee a consistent production time.
- The buyer may make a formal request as of a 2 weeks after the indicated dispatch date has been exceeded. With this formal request paul&ernst GmbH will officially be in arrears. The buyer may make a claim for compensation for the damage caused by the delay solely in case of intent or gross negligence on the part of paul&ernst GmbH.
- In case of a delay in shipping of the product or accessories, which is caused verifiably by delayed deliveries by component suppliers, no compensation can be demanded from paul&ernst GmbH. Written proof of this may be requested from paul&ernst GmbH.
- Paul&ernst reserves the right to make slight changes of construction and form of the product as well as of the color, appearance, and scope of delivery, as long as this is acceptable to the buyer. Paul&ernst GmbH is obliged to indicate substantial and noticeable changes in the product to the buyer.
- In case of a considerable change of the workload and delay of a service and repair contract paul&ernst GmbH is oblige to keep the client updated as to the changes and to offer an estimated date of completion.
- Approval, Transfer of Goods, Cancelation Conditions
- In case the buyer delays the balance payment (balance payment) by more than 14 days after the announced dispatch date, paul&ernst GmbH has the right to charge the buyer for storage fees.
- In case the buyer delays the balance payment by more than 30 days after the announced dispatch date, paul&ernst GmbH has the right to cancel the contract due to noncompliance.
- In case of a canceled order, paul&ernst GmbH generally charges a cancelation fee of 30% of the total sum of the order as the bike type, material, and accessories are specifically fabricated according to the client’s needs. As a result, the personalized product can only be adapted to the needs of other clients with considerable effort. In case of a cancelation, the articles which are specially produced according to the client’s designs, such as foliation and parasols, will be fully billed.
Cancelation fees and personalized articles will be subtracted from the down payment and the difference will be transferred back to the client´s bank account. With this transfer the contract between paul&ernst GmbH and the client is terminated.
- In case of damage during the delivery of the product, the buyer is obliged to document the damage and inform paul&ernst GmbH immediately. Paul&ernst GmbH is obliged to repair the damage as soon as possible or offer an adequate solution. Damage to the product will not absolve the buyer from completing payment for the product.
- Retention of Title
- Paul&ernst GmbH reserves all rights of the delivered goods up to the payment of the complete sum for the order placed.
- As long as there is any retention of title, the buyer is not permitted to pledge any third-party agreements involving the product.
- Material Defects
- There is a 24-month warranty on the article as of the shipping date of the product. There is a differing limitation period of 12 months in case the buyer is a company using the product for professional activities.
- In case of defect of the product, the buyer may request that the defects be fixed or for an alternative delivery, as long as the claims are economically reasonable. If defects cannot be fixed or an alternative delivery is impossible or unreasonable the buyer may ask for a reduction of the payment or cancel the order. Paul&ernst GmbH may request compensation for use of the product in case the buyer cancels the order at a later date due to material defect.
- In the case of a delayed cancelation paul&ernst GmbH can claim compensation for the use of the product.
- As of the shipping date, there is a 12-month warranty for product defects of used products.
- We offer a 12-month warranty on repaired product parts as of the day the repairs are carried through.
- The buyer is obliged to provide proof to paul&ernst GmbH in case the damage is connected to:
- continuous use of the product by the buyer even though the bike is damaged, which could lead to additional damage.
- the product has been used improperly or been overstrained (for example because of overload, improper transport or unintended use of the product) or
- improper maintenance of the product which causes damage or worsens preexisting damage or
- additional parts were installed to the product which were not approved of by paul&ernst GmbH, or the product has been improperly changed by a third party or
- the buyer did not act according to the maintenance and care guidelines of the product.
If the proof cannot be proved by the buyer, paul&ernst GmbH is under no obligation for warranty/liability compensation.
- Regular wear and tear is excluded from any liability for material defects.
- The personal liability of the legal representatives, agents and company employees of paul&ernst GmbH is excluded when damage is caused due to slight negligence.
- If paul&ernst GmbH is found financially liable due to legal regulations and these terms and conditions for damage which was caused due to slight negligence the liability is limited and in fact only when major contractual obligations are breached. The liability is limited to the conceivable typical damage at the time of conclusion of the contract. The limitation of liability does not apply to physical damage, damage of health and life.
- Paul&ernst GmbH is not liable for a client’s financial loss and/or for any running costs even should damage occur to the product during the warranty period.
- Place of Jurisdiction
Vienna is explicitly contracted as the exclusive place for jurisdiction.