Terms and conditions

1. Scope

These general terms and conditions (GTC) apply to all reciprocal claims between

MAS medizinsiche Produkte Handel & Personalbereitstellung GmbH
(hereinafter: “MAS” for short)
Hauptstrasse 50
8431 Gralla
Austria
Tel: +43 3452 85512
Fax: +43 3452 85512-3
Email: 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. about the products it offers (in particular the prices shown) do not constitute a sales offer, but an invitation to the customer to submit an offer.
2.2. Orders placed by the customer represent binding purchase offers. The contract is only concluded when MAS has explicitly accepted the purchase offer made by the customer (see point 2.5.).
2.3. In the event of an order process in the MAS online shop, the customer has the option of selecting the desired goods, collecting them in the shopping cart and clicking the “order with obligation to pay” button to send the binding order. The customer then receives an automatic order confirmation that documents the receipt of the order, although this does not yet represent an acceptance of the customer 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 notified separately within a reasonable period.
2.5. If the ordered goods are available, MAS will accept the offer by sending a written order confirmation. The contract between MAS and the customer is therefore only concluded when the order confirmation is sent to the customer. The contract only relates to the products listed in the order confirmation.

3. Prices and shipping costs

All prices are given in euros including statutory sales tax. We reserve the right to make price errors. 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 wants to buy at this higher price and makes an effective contract declaration. If, on the other hand, the price is lower, MAS will only charge the lower price. Shipping costs, if any, are shown separately.

3. Delivery

Delivery is ex works / MAS to the delivery address specified by the customer. Information on delivery times is generally non-binding, unless the delivery date has been bindingly promised in individual cases. Part deliveries are permitted. Agreed delivery times apply subject to unforeseen hindrances that are beyond the control of MAS; in particular in cases of force majeure, operational disruptions, material shortages, strikes, etc. If these events have a significant effect on the timely fulfillment of the purchase contract, the delivery times are extended appropriately. In any case, claims for damages or a cancellation of the contract due to late delivery are excluded unless MAS is grossly negligent or willful.

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

4.1. If the goods are ordered in the online shop, the customer is obliged to pay the total amount (including any shipping costs shown) in advance. The purchase price can be made using the payment methods displayed when completing the order process. MAS reserves the right to restrict the payment methods.
4.2. For all other types of order, the purchase price is due for payment with the transmission of the order confirmation, thus with the conclusion of the contract. In these cases, too, the customer undertakes to pay the purchase price in advance.
4.3. In the case of prepayment, the customer must transfer the invoice amount to the MAS account within seven (7) days of the conclusion of the contract. The delivery period begins on the day after receipt of payment on the account.
4.4. If the customer defaults on 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 will 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 will be made to the address specified by the customer. When paying in advance, the delivery period begins after receipt of payment on the MAS account. When paying by credit card, the delivery period begins no later than the day after the payment has been received from the credit card operator.
5.2. Information on delivery times is generally non-binding, unless the delivery date has been bindingly promised by MAS in writing in individual cases. Part deliveries are permitted. Agreed delivery times apply subject to unforeseen hindrances that are beyond the control of MAS; in particular in cases of force majeure, operational disruptions, material shortages, strikes, etc. In these cases, the delivery period is 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 will be informed by MAS and the customer will be able to withdraw from the contract. The purchase price already paid is within the meaning of point 4.5. refunded.
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 will immediately inform the customer of these circumstances. The purchase price already paid or – in the case of partial withdrawal from the contract – part of it, will be used within the meaning of point 4.5. refunded.
5.5. If MAS sends the goods in accordance with the contract and the customer does not accept them as agreed, MAS is entitled to insist on the fulfillment of the contract, in which 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, contrary to the contract, MAS is entitled to keep the goods in their warehouse ready for collection. The customer bears the risk of accidental loss of the goods. Delivery and transfer of risk

6. Consumer's right of withdrawal

6.1. 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 starts on the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the goods (or, if several goods are ordered that have been delivered separately, the last goods).
6.2. In order to exercise the right of withdrawal, the customer must send a declaration to MAS within the above period, in which it is clearly stated that he is declaring the withdrawal from the contract. First and last name, address, telephone number and email address must be provided.
6.3. To meet the withdrawal deadline, it is sufficient for the customer to send the notification that he is exercising his / her right of withdrawal before the withdrawal period has expired. The right of withdrawal is only available to the customer if he has concluded the contract as a consumer and thus not as an entrepreneur.

Consequences of withdrawal

6.4. In the event of a (valid) withdrawal from the contract, MAS will reimburse the customer for all payments made, including shipping costs, immediately and at the latest within fourteen (14) days from the day on which the notification of the withdrawal was received by MAS. The repayment takes place in accordance with point 4.5. of these terms and conditions. In no case will fees be charged for the repayment.
6.5. In the event of withdrawal from contracts in which MAS has not expressly offered to collect the goods itself in the event of withdrawal, MAS is entitled to refuse repayment until they either receive the goods back or the customer provides evidence that the has already been returned Has provided the goods.
6.6. If the customer withdraws from the contract, he has to return the received goods to MAS immediately at his own expense, but no later than fourteen (14) days after submitting the declaration of withdrawal. The return period is met if the customer sends the goods within the period.
6.7. The customer must ensure that the goods are returned to MAS properly and, in particular, suitable for return transport.
6.8. The customer has to compensate the loss of value, which can be traced back to a handling of the goods, which was not necessary for the examination of the condition, properties and functionality of the goods. In this case, MAS is entitled to offset a compensation corresponding to the economic depreciation and to deduct this from the reimbursement amount.

7. Warranty

7.1. Unless otherwise agreed, the statutory warranty provisions apply. The warranty period for movable items is two (2) years.
7.2. The customer must examine a delivery in detail immediately upon receipt and assert any warranty claims against MAS in writing. The type and scope of the defect must be clearly marked so that MAS can clearly identify the reason for the complaint.
7.3. MAS will accept the complaint raised by the customer, whereby the acceptance does not constitute an acknowledgment of warranty claims. MAS will carefully review the complaint and inform the customer of the result of the review within a reasonable period of time. In order to check the merits of the complaint, MAS is entitled to request the customer to return the goods.
7.4. In the event of a justified complaint, MAS will either replace or repair the goods and reimburse the customer for any costs for shipping the goods to MAS.
7.5. The warranty is excluded for defects that were caused by the customer himself. This is particularly the case with improper handling or use, incorrect operation, improper use or unauthorized repair attempts.

8. Renting

8.1. Depending on availability, and in order to enable the customer to test the devices, MAS can offer the rental of individual goods for a maximum period of fourteen (14) days. Rental offers are non-binding in any case.
8.2. Point 2 of these terms and conditions applies accordingly to the conclusion of the rental contract.
8.3. The start of the rental period is stated in the order confirmation. The rental contract has a duration of fourteen (14) days and ends at the end of this period without the need for separate notice. In the case of an early return of the goods, for which MAS is not at fault, there will be no reduction or reimbursement of the rent, not even in part.
8.4. Before the start of the rental period, the customer has to pay the full rent and the separately announced transport costs as well as a deposit for any damage. The amount of the rent and the deposit can be found in the price list. Point 4 of these terms and conditions applies accordingly in the case of a rental.
8.5. The customer must return the rented goods to MAS within three (3) days after the end of the rental period at their own expense or return them to MAS during regular opening hours. The three-day deadline is met 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 will check them for any damage within two working days. If no damage for which the customer is responsible is found, MAS will give the customer the deposit within seven (7) days within the meaning of section 4.5. refund.
Should MAS discover culpable damage caused by the customer when inspecting the goods, it will notify the customer immediately. The cost of the necessary repairs will be deducted in full from the deposit. Any remaining deposit will be paid to the customer in accordance with point 4.5. refunded within seven (7) days. If the repair costs exceed the deposit, the customer undertakes to pay the difference within seven (7) days of notification to MAS.
8.7. If the customer does not deliver the goods on time after the end of the rental period in accordance with Section 8.5. returned, MAS will charge the customer the full purchase price of the goods according to the currently applicable price list. The customer undertakes to pay the purchase price to MAS within seven (7) days. The goods remain the property of MAS until they have been paid for in full.
8.8. If the customer decides to purchase the respective goods while the rental contract is in effect, MAS will invoice the customer for the full purchase price and deduct the rent received and the deposit from the purchase price and thus deduct it from it. In this case, the customer undertakes to pay the difference to the full purchase price within seven (7) days to MAS. The goods remain the property of MAS until they have been paid for in full.

9. Liability

MAS is only liable for willful or grossly negligent behavior. MAS is only liable for slight negligence with regard to the main performance obligations that apply to them, for personal injury and claims under the Product Liability Act.

10. Offsetting, retention, assignment of claims

The customer may only offset a claim if his claim has been legally established or has been recognized by MAS in writing. Claims of the customer against MAS may not be assigned to third parties, unless otherwise agreed in individual cases or the customer can prove 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 or www.epad-friends.at/datenschutz. The customer will also find the necessary information about the use of cookies there. MAS processes the customer’s personal data required by the customer for processing the order and also voluntarily disclosed, such as personal data, contact information, personal and professional data, electronic identification data and individual data on purchasing behavior and sales data. The customer expressly consents to this collection, processing and use of personal data.

12. Miscellaneous, place of performance, place of jurisdiction

12.1. Only Austrian law applies as agreed, excluding the UN sales law and reference standards.
12.2. The sole place of jurisdiction is the competent court for the city of Graz. If the customer is a consumer within the meaning of Section 14 of the Consumer Protection Act, the place of jurisdiction is the court responsible for the customer’s place of residence. The customer can also bring actions against MAS at the aforementioned court.
12.3. The terms and conditions remain binding in their remaining parts even if individual points are legally ineffective.