General Terms and Conditions

Introductory provisions

These terms and conditions specify the relationship between AIGER s.r.o., with its registered office at Zisov 63, 28504 Vavrinec, Czech Republic, ID No.: 24836621, registered with the Municipal Court in Prague under file number C 178897, as the seller and operator of the website www.fabrosor.de, and the customer who enters into a purchase contract with the seller.

These General Terms and Conditions of Delivery ("GTC") apply exclusively to each order of our products and to each subsequent use of the Seller's services. Any conflicting and/or deviating provisions of the Buyer are hereby rejected and shall not apply. Any changes to the GTC require the prior written consent of the Seller. The GTC also applies to verbal or telephone confirmations.

Any errors in the Seller's sales brochures, price lists, offer documents or other documentation may be corrected by the Seller without liability for damages resulting from such errors.

These terms and conditions are intended primarily for the purchase of goods through the website. They also apply mutatis mutandis to purchases made through the customer service line, by e-mail or at any of our premises.

Conclusion of the purchase contract

The purchase contract can be concluded remotely via the website or the customer service line or in person at one of the locations.

In the case of a distance purchase contract, submitting a form on the website or placing an order via the customer service line constitutes a proposal to conclude a purchase contract.

The order is sent on the website by clicking on the "Send" button. The text of the terms and conditions together with the order data is archived for a period of 6 years. In the event that you enter incorrect data in the order, you have the option of correcting it via the order form, e-mail or customer service.

The order is valid for 7 days and only if the seller confirms its receipt by e-mail with the final price, including any shipping and other incidental costs. The purchase contract is then concluded by the confirmation of the quotation (offer) by the buyer. The buyer is informed of the dispatch of the goods by e-mail.

The quantity, quality and description and any specifications of the Goods shall be set out in the Seller's offer (if accepted by the Buyer) or in the Buyer's order (if accepted by the Seller). The Buyer shall be responsible for the accuracy of the order and shall provide the Seller within a reasonable time with all necessary information concerning the Goods ordered to enable the order to be fulfilled in accordance with the Contract.

The Seller reserves the right to change the description of the goods with regard to the specification to the extent necessary to take account of legal requirements, provided that such change does not result in a deterioration of the order in terms of quality and usability.

Purchase price

The purchase price is the price quoted by the Seller or, if not detailed, the price quoted in the Seller's current price lists in force at the time of the order.

The Seller reserves the right to increase the price of the goods to the extent necessary after timely notice to the Buyer and prior to delivery of the goods due to general price developments beyond the control of the parties (e.g. fluctuations in exchange rates, currency regulations, changes in customs duties, significant increases in material or production costs), or due to changes in the circumstances of delivery or shortages in the minimum purchase quantities specified in the applicable sales price lists.

Unless otherwise stated in the offer or in the applicable sales price lists or agreed otherwise in writing between the Seller and the Buyer, all prices quoted by the Seller are based on the "ex works Incoterms 2010". If the Seller is prepared to deliver the goods to other locations, the Buyer shall bear the costs of transport, packaging and insurance.

The prices are exclusive of the relevant statutory VAT, which the Buyer is obliged to pay to the Seller in addition.

If the conditions for VAT exemption are met (e.g. intra-EU trade), the buyer is not obliged to pay VAT if he does not provide his VAT number in the order or does not provide the documents necessary to prove VAT exemption. In such cases, however, the seller is entitled to invoice VAT. If VAT is subsequently levied by the tax authorities on the invoice, the buyer is obliged to pay the full amount of VAT to the seller or pay the seller the outstanding amount.

Payment terms

The buyer is obliged to pay the purchase price within 14 days from the date of the invoice. Payments shall only be made by bank transfer; payment by bill of exchange or cheque shall not be recognised as fulfilling the payment obligation.

If the buyer fails to meet his payment obligation on the due date, the seller may, without waiving any other rights and claims he may have, at his discretion:

terminate the contract or suspend further deliveries to the Buyer, or
charge the Buyer interest on the unpaid amount at the rate of 7% per annum above the applicable European Central Bank reference rate until final and full payment is made.

Delivery of goods

Delivery is made from the warehouse, which is also the place of fulfilment for delivery and any subsequent fulfilment. At the buyer's request and expense, the goods are sent to another destination (sale to destination). Unless otherwise agreed, the seller is entitled to determine the type of dispatch (in particular the transport company, the route of dispatch) himself.

Goods will be delivered by the Buyer taking delivery of the goods at the Seller's relevant loading point during the Seller's normal business hours, once the Seller has notified the Buyer that the goods are ready for collection, or, if another delivery point has been agreed with the Seller, by delivery of the goods to that point.

In the case of a bulk delivery, the seller may deliver up to 10% more or less of the goods without having to adjust the purchase price, and it is agreed that the quantity so delivered shall be deemed to be in conformity with the contract.

Estimated delivery dates are always approximate unless a firm date is agreed. If a specific delivery date has been agreed in the contract, the seller is entitled to extend this date once by up to four weeks by written notice to the buyer at least three weeks before the specific delivery date.

If the seller fails to deliver the goods on time, the buyer must give the seller an additional period of time in writing after which the buyer may withdraw from the contract. The buyer may only claim damages for non-performance if the delay in delivery was due to intentional conduct or gross negligence or if the seller breached a material contractual obligation through (simple) fault.

If the Buyer is in default of acceptance, does not cooperate or if our delivery is delayed for other reasons for which the Buyer is responsible, the Seller shall be entitled to claim compensation for damages incurred, including additional costs (e.g. storage costs).

If the buyer is in default of acceptance on the due date, he must still pay the purchase price. In this case, the seller will store the goods at the risk and expense of the buyer. At the buyer's request, the seller shall insure the goods at the buyer's expense.

If the Buyer redelivers the goods, the Buyer shall be responsible for compliance with all export restrictions, customs regulations and other official provisions and hereby expressly indemnifies the Seller in full against any claims arising from breach of such regulations.

The Seller shall not be liable for impossibility of delivery or for delay in delivery if caused by force majeure or other events which could not have been foreseen at the time of conclusion of the contract (e.g. operational failures of any kind, difficulties in procuring materials, transport delays, strikes, official measures or failure of suppliers to deliver or to deliver properly or on time) for which the Seller shall not be liable. In the event of temporary impediments, delivery or performance dates shall be extended or postponed for the duration of the impediment plus a reasonable lead time.

Transfer of risk and ownership

The risk of accidental loss and accidental damage to the goods passes to the buyer as follows:

if the goods are not delivered at the seller's place of loading, at the time of handover or, if the buyer is in default of acceptance, at the time the seller offers handover,
if the goods are delivered at the seller's place of loading ("ex works", Incoterms 2010), at the moment when the seller informs the buyer that the goods are ready for collection.

The goods delivered (goods subject to retention of title) shall remain the property of the Seller until all claims to which the Seller is entitled against the Buyer now or in the future, including all current account claims, have been settled. If the buyer is in breach of contract - in particular if he is in default in the payment of a claim for payment - the seller has the right to take back the reserved goods after a reasonable period of time has elapsed for performance. Transport costs incurred in connection with the repossession shall be borne by the buyer. If the seller takes back the reserved goods, this shall constitute a withdrawal from the contract. Likewise, it is a withdrawal from the contract if the seller withholds the reserved goods. Goods subject to retention of title which are taken back by the seller may be realised. The proceeds of realisation shall be set off against any sums owed by the buyer to the seller after the seller has deducted a reasonable amount for the costs of realisation.

The buyer is obliged to handle the reserved goods with care. He must adequately insure them against fire, water and theft for their replacement value at his own expense. In the event that maintenance and revision work is necessary, the purchaser shall carry it out in a timely manner at his own expense.

The buyer may use and resell the goods subject to retention of title in the ordinary course of business, provided that he is not in default of payment. However, the reserved goods may not be pledged or transferred as collateral. The Buyer hereby assigns to the Seller as security in full the Buyer's claims for payment against its customers arising from the resale of the reserved goods, as well as those claims of the Buyer relating to the reserved goods which arise against its customers or third parties for any other legal reason (in particular tort claims and insurance claims), including any claims on the current account balance. The Seller accepts this assignment.

The Buyer may enforce such claims assigned to the Seller on its own behalf on behalf of the Seller until the Seller revokes this authorization. This shall be without prejudice to the right of the Seller to collect such receivables itself; however, the Seller shall not collect such receivables itself and shall not revoke the authorisation for collection as long as the Buyer duly fulfils its payment obligations.

In the event of seizure of the reserved goods by third parties or other interference by third parties, the Buyer is obliged to notify the Seller of the ownership and immediately inform the Seller in writing in order to exercise its ownership rights. If the third party is unable to pay the legal or extrajudicial costs incurred by the Seller in this connection, the Buyer shall bear these costs.

Warranty

If the goods have a defect upon delivery, the buyer is entitled to demand the removal of the defect by means of replacement delivery or repair. In the event that such removal of the defect would be impossible or unreasonable for the seller, the buyer is entitled to demand a discount on the purchase price and, if it is also a significant defect, may withdraw from the purchase contract.

Claims for defects on the part of the purchaser presuppose that he has fulfilled his legal obligations regarding inspection and notification of defects (§2104 Coll. 89/2012). In the event of failure to properly inspect and/or notify defects, liability for failure to notify defects is excluded. Goods may only be returned at the request of the seller.

The right from hidden defects must be notified immediately after the buyer could have discovered the defect with sufficient care, but no later than 2 years after the transfer of ownership.

The claim can be made in person at the seller or by sending to Dojetrice 31, 28506 Sazava, Czech Republic, +420 604 980 105, aiger@aiger.cz. Alternatively, pack the goods for dispatch and request a courier pick-up from the seller.

The Seller assumes no liability under the following conditions:

the seller does not assume responsibility for defects in the goods resulting from the description of the goods or the specifications provided by the buyer;
the seller does not accept liability for defects in the goods if the purchase price has not been paid by the due date;
the Seller's liability does not extend to parts, materials or other equipment manufactured by or on behalf of the Buyer unless the manufacturer of such parts accepts liability to the Seller.

This liability does not extend to product defects resulting from faulty installation or use, misuse, negligence or other causes. The seller's exemption from liability does not apply if the cause of the defect is intentional or grossly negligent or if other essential contractual obligations have been breached.

The Seller may claim compensation from the Buyer for costs incurred as a result of an unjustified request for the removal of a defect (in particular transport, labour and material costs).

Changes to the GTC

The Seller reserves the right to change these GTC at any time without giving any reason, unless it is unreasonable for the Buyer. The Seller is obliged to inform the Buyer of any changes to the GTC in a timely manner. If the Buyer does not object to the validity of the new GTC within six (6) weeks of notification, the amended GTC shall be deemed accepted by the Buyer. In the notification, the Seller shall notify the Buyer of his right to object and the importance of the objection period.

The Seller further reserves the right to change the GTC:

if the change is only beneficial to the buyer;
if the Seller is obliged to bring the GTC into compliance with applicable law, in particular if the applicable legal situation changes;
if the seller thereby complies with a court order or official decision against him;
or if the seller introduces additional, completely new goods or services that require a description of the service in the GTC, unless this negatively changes the existing contractual relationship.

Other provisions

The seller is entitled to modify and improve the goods without having to inform the buyer in advance, provided that such modification or improvement does not permanently impair the shape or function of the goods.

These Delivery Terms supersede all other arrangements previously made by the Parties in writing or orally, which shall cease to be valid upon the availability of these Delivery Terms.

In connection with the purchase, a third party evaluation questionnaire may be sent to the customer. This allows the customer to share their experience of the purchase and the goods with others.

The Czech Trade Inspection Authority, with its registered office at Stepanska 567/15, 120 00 Prague 2, ID No.: 00020869, internet address: coi.cz, established by Act No. 64/1986 Coll., on the Czech Trade Inspection Authority, which the customer can contact via the e-post office on the website of the Czech Trade Inspection Authority, is the subject of out-of-court proceedings in the event of a dispute, or the subject for handling customer complaints. It is also possible to resolve a dispute online via the dedicated ODR platform.

The contract is concluded in accordance with the law of the Czech Republic. The place of performance shall be the registered office of the Seller.

By submitting your order you agree to receive the tax document in electronic form. We will send the tax document electronically in the order dispatch email. However, if you wish to send the tax document in paper form, please send us a message and we will send you the tax document together with the goods.