Terms and Conditions

General Terms and Conditions (hereinafter referred to as "GTC") of CSV VertriebsgmbH, Marbling 16, 6335 Thiersee

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(hereinafter referred to as "CSV" for short):

These GTC apply to all legal transactions of CSV. All deliveries, services and offers shall be made exclusively on the basis of these terms and conditions. Ancillary agreements require written confirmation by CSV in order to be valid.
CSV reserves the right to amend these GTC at any time. The version in force at the time of conclusion of the contract shall apply.

1) Offers, conclusion of contract

All offers made by CSV are subject to confirmation. A contract is deemed to be bindingly concluded when CSV has sent a written order confirmation or the goods to the Purchaser. The signature of the Purchaser on the order form or the order confirmation shall be exclusively decisive for the scope of delivery/service. We reserve the right to make changes and/or extensions to the scope of delivery or performance that prove necessary in the course of executing the respective order.

By using the webshop, the Purchaser submits a legally binding offer to CSV by sending the order. The order confirmation sent by CSV to the Purchaser does not constitute an acceptance of the offer. Even in this case, the contract is only concluded when CSV has sent a written order confirmation or the goods to the Purchaser. Should an item not be available, CSV shall inform the Purchaser of the unavailability of the goods.

2) Prices

For all products, the price stated in the respective current price list of CSV shall be decisive. All prices of CSV are net prices in Euro plus VAT at the respective statutory rate and are valid from the registered office of CSV in 6335 Thiersee.

Costs for packaging and shipping (e.g. postage, freight) are not included in the prices of CSV. Only in the case of the conclusion of a distance selling contract are the prices inclusive of freight, delivery, shipping and/or other costs as well as the respective statutory value added tax at the time of the order. If these costs cannot reasonably be calculated in advance, we will indicate in advance the possible incurrence of such additional costs.

For deliveries abroad, the expenses incurred by CSV (e.g. for customs documents) will be charged to the customer.

CSV reserves the right to determine minimum order quantities for certain products or to levy a minimum quantity surcharge.

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If there are more than 3 months between the conclusion of the contract and the agreed delivery date, the price valid on the day of delivery shall apply. Price changes are permissible in this case.

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3) Payment and settlement

Unless expressly agreed otherwise, invoices from CSV are due within 7 days of the invoice date without deduction of a discount. The deduction of a cash discount or a rebate is only permissible if this is expressly stated on the respective order confirmation/invoice. In the event of default in payment, the respective statutory provisions or the respective interest rate provided for by law shall apply.

Payments by bank transfer shall only be deemed effected when the amount has been credited to an account of CSV. Deliveries abroad shall only be made against advance payment for new customers.

When concluding a distance contract, the Purchaser can only make the payment by Klarna, PayPal, Sofortüberweisung or with a credit card accepted by CSV. The purchase price shall be due upon conclusion of the contract in the case of a payment method that results in an immediate debit of the Purchaser's account, in all other cases immediately upon dispatch of the ordered goods. If payment is made by credit card, the buyer's account will be debited when the ordered goods are dispatched; if payment is made by Klarna, Sofortüberweisung and PayPal, the buyer's account will be debited when the order is placed.

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In the event of default, default interest in the amount provided by law shall be paid to CSV in addition to the invoice amount. Any reminder and collection charges in excess thereof shall be borne by the Purchaser. The assertion of further damages caused by default by CSV shall remain unaffected by the above provision.

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A set-off by Purchaser shall only be permissible with claims expressly acknowledged by CSV in writing or with claims which have become res judicata.

4) Delivery and Shipping

In principle, orders are processed by CSV on the day of receipt by CSV and are generally dispatched promptly. However, there are no fixed delivery dates or deadlines.

Partial deliveries are permissible, provided that no additional costs arise for the buyer and provided that these were not excluded in writing by the buyer when placing the order.

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When shipping goods, the delivery performance of CSV is fulfilled with the acceptance by the first carrier, regularly the post office or another parcel service. With the handover of the goods to the forwarder, the risk is transferred to the buyer. CSV reserves the right to choose the transport route, the means of transport and the carrier.

At the Purchaser's request, the goods shall be insured by CSV at the Purchaser's expense.

The delivery period shall be extended by the duration of the respective hindrance due to all circumstances independent of the will of the parties, such as force majeure, unforeseeable operational disruptions, official interventions, transport and customs clearance delays, transport damage, labour disputes, shortage of raw materials, energy failure, etc. The delivery period shall be extended by the duration of the respective hindrance. If delivery is no longer reasonable for us due to these circumstances, we shall be entitled to refuse delivery. A claim for damages by the customer in the event of delays in delivery is excluded, in particular if we are not responsible for the circumstances for delays in delivery.

5) Retention of title

All delivered goods remain the property of CSV until full payment has been made by Purchaser. In the event of the existence of an ongoing business relationship, CSV retains ownership of the goods until full payment of all claims against the Purchaser arising from the business relationship.

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The Purchaser is obliged to treat the goods with care during the existence of the retention of title. The Purchaser shall inform CSV without delay of any access to the goods by third parties, in particular of enforcement measures, as well as of any damage to or destruction of the goods. In the event of fault, Purchaser shall compensate CSV for all damages and costs which arise or have arisen due to a breach of these obligations and due to necessary intervention measures against access to the goods by third parties.

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The resale by CSV of goods delivered under retention of title is only permissible if this has been expressly agreed with the contracting partner.

In the event of default in payment, Purchaser shall be obliged to surrender the goods to CSV at CSV's first request. The costs incurred in the event of a delay in payment due to an assertion of the rights arising from the retention of title shall be borne by the Purchaser.

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6) Return by the customer

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All goods supplied by CSV may be returned or exchanged within 14 days of delivery, provided they are in their original packaging, in perfect, resalable condition.

The right to revoke the contract does not apply to contracts for goods that are made to customer specifications or clearly tailored to personal needs/delivered, goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery.

7) Notification of defects/warranty

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Possible material defects within the meaning of § 922 ABGB (Austrian Civil Code) in goods delivered by CSV shall be notified to CSV by Purchaser in writing within an exclusion period of 14 days from receipt of the goods. Failure to notify CSV of defects in due time shall result in the loss of claims for warranty, damages due to the defect itself, as well as due to error regarding the defect-free nature of the goods. If Purchaser discovers defects in the goods, Purchaser shall be obliged to provide CSV with the goods complained about or samples thereof for the purpose of examining the complaint, and to allow CSV to examine the goods complained about within a reasonable period of time. In the event of refusal, the warranty shall lapse. Until the inspection by CSV has been completed, the Purchaser may not dispose of the rejected goods, i.e. they may not be shared, used or resold.

If an actual defect is properly claimed, CSV shall be entitled to determine the type of remedy (replacement, improvement), taking into account the nature of the defect and the legitimate interests of the Purchaser. If the supplementary performance fails or is not carried out despite a reasonable deadline and grace period, Purchaser shall be entitled to demand a price reduction or, if the defect is not merely minor, rescission. Claims of the buyer for expenses necessary for the purpose of subsequent performance, such as transport and labour costs, are excluded.

Only vis-à-vis consumers as defined by the KSchG (Consumer Protection Act), CSV grants a warranty period of 2 years from handover of the goods. The legal warranty period for products of CSV begins with the handover of the item to the purchaser. Excluded from the warranty in the sense of this point are in particular those defects which are due to improper use by the Purchaser. Also excluded from the warranty are parts subject to wear and tear, damage to the goods due to improper use or incorrect care.

8) Withdrawal

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CSV may withdraw from the purchase contract for good cause at any time until the purchased goods are handed over to the buyer. Should such an important reason exist, the buyer shall only be entitled to compensation for the necessary expenses incurred up to the declaration of withdrawal. An important reason exists in particular, but not exclusively, if sovereign decisions make the provision of the contractual performance more difficult or disproportionately expensive, an insolvency application is filed on the part of Purchaser, the conditions for an insolvency application exist or the provision of performance by CSV is unreasonably difficult or impossible due to events of force majeure such as e.g. fire, traffic blocks, disruptions of operations, pandemics.

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When concluding a distance contract, the buyer has the right to withdraw from the contract within 14 days from the conclusion of the contract or from taking possession of the goods, without giving reasons. In order to exercise the right of withdrawal, the Purchaser must send a clear declaration to this effect to CSV. In order to comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent to CSV before the expiry of the withdrawal period. The Purchaser shall return or hand over the goods to CSV without undue delay and in any case no later than 14 days from the day on which the Purchaser has declared the withdrawal. The Purchaser shall bear the direct costs of the return shipment. In the case of customer-specific goods (custom-made products), withdrawal is excluded.

9) Limitation of liability

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The liability of CSV is limited to such damages which are demonstrably caused by CSV intentionally or at least by gross negligence. The amount of liability per damage event is limited to EUR 5,000. Liability for slight negligence shall be excluded.

All claims for damages against CSV must be notified in writing by registered letter within 3 months of the occurrence of the damaging event, failing which they shall be forfeited.

In case of resale of the goods of CSV by a Purchaser, CSV shall not be liable for the violation of duties of conduct according to the Medical Devices Act (MPG), which may be violated by the resale. The liability for this is assumed exclusively by the person who resells the products of CSV, unless a duty of conduct according to the MPG was violated by CSV intentionally or at least through gross negligence. CSV is also not liable for the fact that medical products supplied by CSV are resold without the necessary authorisation or that medical products are placed on the market in a modified form and that in doing so duties of conduct according to the MPG are violated.

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CSV shall not be liable for defects and consequential damages if the goods have not been used as intended or if instructions for storage and use have not been observed or for damage caused by the actions of third parties.

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10. Intellectual Property Rights

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Our products, offers as well as enclosures, samples, dimensional drawings and descriptions are our property or are protected by copyright and may not be reproduced or made available or passed on to third parties without our prior written consent.

In our online service, texts, graphics, icons, images, digitally downloadable files, audio clips, etc. are also provided in particular. The entire content of our online service is owned by us or by third parties who have made this available to us and is protected by Austrian and international copyright and database right.

Without our express written consent, you are not permitted to use even parts of our online service, in any form whatsoever. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract even partial content from our Services and/or to create or publish new databases, content, etc., without our express written consent. 

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It is in any case prohibited to use our trademark and labelling rights in connection with products or services not offered by us, insofar as this could lead to a confusion in terms of labelling for customers or would lead to a disparagement or discrediting of us.

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11) Data protection

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We process personal data of the customer for a specific purpose and in accordance with the legal provisions.

The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) are used by us to fulfil and process the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment process.

The customer has the right to withdraw from the contract.

The customer has the right, upon request and free of charge, to receive information about the personal data that we have stored about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, provided that there is no legal obligation to retain such data.

The customer agrees to this.

The customer agrees that the data disclosed in the context of the order and order processing may be collected, processed, stored and used for the purposes of our accounting and for internal market research and marketing purposes. The data will be used by us to comply with legal requirements, to process payment transactions and for advertising purposes.

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Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy. Privacy Policy

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12) Place of performance and jurisdiction

The place of performance for deliveries and payments under contracts governed by these Terms and Conditions,

is the registered office of CSV.

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The place of jurisdiction for all disputes arising out of or in connection with contracts subject to these Terms and Conditions shall be the court having jurisdiction for the registered office of CSV. If the buyer is a consumer and has his domicile or habitual residence in Austria at the time of the conclusion of the contract or if he is employed in Austria, only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located can be established for a lawsuit against him.

Austrian law shall apply to the exclusion of the conflict-of-law rules of the IPR and the UN Convention on Contracts for the International Sale of Goods.

13) Miscellaneous

If any provision of these GTC is or becomes invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties undertake to replace the invalid or unenforceable provision from the beginning of the invalidity or unenforceability with a provision that comes as close as possible to the invalid or unenforceable provision in every respect.

As at: March 2023

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