Terms and Conditions (Old)

Terms and Conditions (GTC)

For the online shops at www.truckmo.com, www.truckmo.eu, www.truckmo.at, www.truckmo.de, www.truckmo.fr, www.truckmo.nl and www.truckmo.it.

On the following pages you will find the terms and conditions for registration and ordering at www.truckmo.com, www.truckmo.eu, www.truckmo.at, www.truckmo.de, www.truckmo.fr, www.truckmo.nl and www.truckmo.it.

"TRUCKMO" is a service provided by

SCALEMO GmbH
Welser Straße 5
A 4623 Gunskirchen

UID AT: ATU 73654949
UID DE DE320706934
Commercial register: FN499333p Wels District Court

General
The terms and conditions apply to the sale and delivery of goods by SCALEMO GmbH. Other conditions of the buyer are only valid if we have agreed to them in writing or otherwise officially authorised them. By placing an order, the buyer agrees to these terms and conditions and agrees to be bound by them. The company SCALEMO GmbH only enters into contracts with customers who are fully legally competent, natural persons of at least 18 years of age, or with corporate entities. Our product range is not binding. The presentation of products in our online shop does not constitute a legally binding offer; it is a non-binding online catalogue of products only. By clicking the "Buy" / "place order with obligation to pay" buttons, you place a binding order of the items in the shopping cart. Confirmation of receipt of the order follows immediately after placing the order and does not constitute acceptance of the contract. We may accept your order by sending an order confirmation email or by delivering the goods within two days.

Ordering
It is only possible to place an order after you have entered your login details correctly. You need to register as a "New User" before placing your first order. For future orders, it is sufficient to enter the login and password provided by the user during initial registration. Consumers: For transactions with 'consumers' in the sense of the Austrian Consumer Protection Act, these terms and conditions apply only inasmuch as they do not contradict any applicable mandatory provisions of the Consumer Protection Act.

Orders may not be placed by persons under 18 years of age.

Language of the contract
The contents of the contract, as well as all other information, customer service, data and complaints, will be exclusively in the German language.

Prices
Unless otherwise stated, all prices offered are daily gross prices "ex works", including VAT, plus all shipping charges incurred. The manufacturer reserves the right to make changes to the price (as a result of exchange rate variations and technical modifications). If, in the course of shipping, export or import duties are due, these are at the expense of the buyer.
Sales to business people within the EC will not incur Austrian VAT if a VAT registration number is provided, but will incur VAT in their home country. The VAT number must be provided when placing an order Billing of all services will be done exclusively in Euros.

Right of withdrawal
Guidance can be found under the separate menu item, "Right of withdrawal".

Delivery
The customer bears the cost of shipping from the Gunskirchen factory, provided that no other arrangement is made. Goods and services: SCALEMO GmbH reserves the right to change the content of services offered by www.truckmo.com, www.truckmo.eu, www.truckmo.at, www.truckmo.de, www.truckmo.fr, www.truckmo.nl and www.truckmo.it at any time. Prices of goods and services offered by www.truckmo.com, www.truckmo.eu, www.truckmo.at, www.truckmo.de, www.truckmo.fr, www.truckmo.nl and www.truckmo.it do not include costs that are charged by third parties. Shipping costs are billed separately. Deliveries are made exclusively by our forwarder of choice.

Shipping costs (Shipping costs table)
Shipping costs incurred are borne exclusively by the buyer, unless otherwise indicated. Detailed shipping costs can be found at the link above.

Payment types, Payment
Payment Terms: Payment is due immediately upon receipt of invoice. The place of fulfilment for payment is the registered office of SCALEMO GmbH. Delivery on open account is not possible. In case of default in payment, all dunning and collection costs shall be repaid, as well as interest of 12% as agreed. A charge of €6.50 will be added for each reminder. This also applies to debt collection by third parties.
SCALEMO GmbH offers its customers maximum convenience when shopping and when paying. Payment by credit card (worldwide) is possible, but SCALEMO GmbH nevertheless maintains the right not to accept credit card payments.
We accept cash in advance, Eurocard / MasterCard, Visa, bank transfer and PayPal. For credit card payments, one of the state of the art encrypted transfer systems – SSL encryption – can be used to ensure your data is protected from unauthorised access.
You will be charged on the same day as you place your order.
Claims against us from customers cannot be accepted without our express written consent. Justified complaints do not entitle you to withhold the entire sum, but rather an appropriate portion of the invoice, which must be agreed upon in consultation with us.

Transfer charges shall be borne entirely by the client.

Account details
SCALEMO GmbH
Raiffeisenbank Gunskirchen eGen (mbH)
IBAN: AT19 3412 9000 0005 7869
BIC: RZOOAT2L129

Retention of ownership, warranty, liability, guarantee
Until the goods that have been ordered have been paid for in full, the goods remain our property. Before complete payment of the goods it is forbidden for the customer to pledge the goods, to use them as securities or to grant third parties other rights thereto.
As of 1.1.2002, the warranty is limited to the legally prescribed term of 24 months.
Faults which arise are to be reported on delivery or discovery, without detrimental legal consequences for the customer, who is a consumer in the sense of the Consumer Protection Act, for failing to do so.
In the case of justifiably reported defects, we will select whether to offer an improvement, price reduction or free replacement, carried out within a reasonable time frame.
If the purchase is a commercial transaction for the customer (B2B) in accordance with §1 CPA (377 para 1 ACC), they must immediately inspect the goods on delivery and notify us about any faults as soon as they are discovered.
SCALEMO GmbH is only liable for damages caused intentionally or arising from gross negligence, with the exception of damage caused to people. The existence of slight or gross negligence, excepting in consumer transactions, must be demonstrated by the injured party. Replacement of secondary faults or damages, as well as property or asset damage, or damage done to the customer by third parties is excluded. The company SCALEMO GmbH, as the operator of www.truckmo.com, www.truckmo.eu, www.truckmo.at, www.truckmo.de, www.truckmo.fr, www.truckmo.nl and www.truckmo.it, provides its own services with the utmost care, but is not liable for services provided by or otherwise related to third parties.
Any claims for redress which the contracting party or a third party bring against us in the name of "product liability" in the sense of the Product Liability Act are excluded unless the party seeking redress can demonstrate that the error originated under our control and constitutes, at the very least, gross negligence.
The guarantee is subject to the provisions of the goods manufacturer concerned and may additionally be described in the warranty card as enclosed.

Applicable Law, Jurisdiction
The parties agree, insofar as there are no binding legal provisions to the contrary, that Austrian law applies.
If the contractual partner is a consumer, then any mandatory provisions in the law of the country in which they have habitual residence apply to this contract.
For disputes arising from the contract, provided the contracting party is a business owner, the location of our business shall serve as the place of jurisdiction. If the contracting party is a consumer, they may also take action against the company SCALEMO GmbH, either in Austria or in the courts of the state in whose territory they reside. If the contracting party, at the time of concluding the contract, had their domicile or habitual residence in Austria, claims by the contracting party against the company SCALEMO GmbH may only be brought before Austrian courts.

Place of fulfilment
The place of fulfilment for all goods and services, as well as payments under the contract, is the headquarters of SCALEMO GmbH.

Copyright
All messages, graphical elements and design elements of the SCALEMO GmbH-Thorsten e.U. website are solely for the personal information of our customers. Customers use this site at their own risk. All data in this offer are subject to protection under §4 and §§87a of the Copyright Act.
The reproduction, copying and printing of the entire website is only permitted for the purpose of ordering from SCALEMO GmbH. Any further processing, copying, distribution and/or publication exceeds fair use and represents a breach of copyright.

Other provisions
The invalidity, nullity or annulment of individual provisions shall not affect the validity of the remaining provisions of these terms and conditions.
The United Nations Convention on Contracts for the International Sale of Goods and any other provisions which are based on that convention are explicitly excluded.