Business Terms

Terms and condition

§ 1 GENERAL TERMS

1.   Website carrier, short as the carrier, is

Empire Distribution Handels G.m.b.H.,

Rainerstrasse 5, 5020 Salzburg, AUSTRIA, 

phone: +43 (0) 662 87 12 43

fax: +43 (0) 43 662 87 12 43 10

e-mail: office@graffiti-guys.com

company number: 214015d

tax number: ATU 53076807.

2.   This contract designates the term graffiti-guy for all geographic specific domains like graffiti-guys.at, graffiti-guys.eu and graffiti-guys.com.

3.   The website graffiti-guys is a project from the company Empire Distribution Handels G.m.b.H. All bussiness relationships with graffiti-guys affiliate equally with Empire Distribution Handels G.m.b.H.

4.   Consumer in the meaning of this contract are individuals, whenever a business relationsship has started, without any  commercial background like a freelancer or businessman.

5.   Entrepreneur in the meaning of this contract are individuals or a legal person, whenever a business relationship has started, an his intention in a meaning of commercial usage is.

6.   Customer are consumers and entrepreneurs. They are to be understood in the same sense, as long as both parties see no difference in the legal position for a clause used.

§ 2 VALIDITY

1.   For any business relationship between graffiti-guys and the customer starting from 01.04.2018 exclusively the following General Terms and Conditions will apply, regardless of the means of communication used.

2.   The customer recognizes the exclusive validity of graffiti-guys general terms and conditions for the entire business relationship. Graffiti-guys will not recognize any different conditions of the customer unless the management of graffiti-guys has expressly agreed in writing to their validity. If the customer enters into a business relationship with graffiti-guys by using the website, he/she recognises the General Terms and Conditions as the basis for the entire business relationship between the customer and graffiti-guys.

§ 3 CLOSURE OF PURCHASE CONTRACT AND CANCELLATION

The presentation of products within the framework of the Online Shop does not represent a legally binding offer but rather an in-line catalogue without obligation. By clicking the button ‘Buy now’, the customer is making a binding order for the goods contained in the shopping basket. The confirmation of the receipt of the order will occur immediately after the order has been sent through an automatically generated e-mail and does not yet represent an acceptance of any contract. Such acceptance will only come into being when the customer receives an e-mail from graffiti-guys.com, in which we confirm the dispatch of the item or the order. Graffiti-guys is able to accept the customers order within two days.

The customer has the possibility of making the purchase contract in German or English. The ordering and transaction language may also be either German or English. Graffiti-Guys will store the text of the contract and will send the customer the order details by e-mail. The customer may consult previous orders in his customer account, provided that the customer has registered with us.

If graffiti-guys cannot accept the offer or should certain products in an order not be available, then the customer will be informed immediately.

Graffiti-guys reserves the right to withdraw from the sales contract in cases of print or wording or calculation mistakes on the website.

All offers are valid as long as stocks last. Should a supplier despite contractual agreement not be able to deliver the ordered products then graffiti-guys equally have the right to cancel a contract with a customer. In this case the customer will be informed without delay that the ordered product cannot be delivered. The already paid purchase price will be returned within 14 business days (with Saturday not being considered a business day) of or set against other products. Graffiti-guys may refuse repayment until they have received back the goods again or the customer has sent graffiti-guys proof of having sent back the goods, whichever occurs first.

Policy regarding the conditions for and consequences of cancellation are set out in the following section ‘Cancellation Policy’.

CANCELLATION POLICY

Cancellation rights

The customer has the right to cancel a contract within 14 days without stating any reason. The statutory cancellation period is 14 days starting from the day when the customer or a third party, who is not the carrier, has taken possession of the items or, in the case of part deliveries, the final item.

Beyond the statutory cancellation period graffiti-guys voluntarily grant you an extended cancellation period amounting in total to 21 days for the articles which are also subject to the statutory cancellation right.

This cancellation rights must be exercised by informing us,

the

Empire Distribution Handels G.m.b.H.,

Rainerstrasse 5, 5020 Salzburg

ÖSTERREICH, 

Fax: +43 (0) 43 662 87 12 43 10

E-Mail: office@graffiti-guys.com

by means of an unequivocal declaration (e.g. by a letter sent by post, fax or e-mail) of your decision to cancel this contract. To this end the customer may use the standard cancellation form. However, this is not obligatory.

To observe the cancellation period it is sufficient for the customer to send the statement of his wish to exercise his cancellation rights before the expiry of the cancellation period.

Consequences of cancellation

If the customer cancels this contract, graffiti-guys has to return to the customer any payments which graffiti-guys has received from the customer, including delivery costs (with the exception of any supplementary costs arising from your choice of any means of delivery other than our standard most inexpensive delivery option), without delay and at the latest within fourteen days from the day on which notice of your cancellation of this contract was received by graffiti-guys. For this repayment graffity-guys shall use the same means of the customers payment employed for the original transaction, unless expressly agreed otherwise with the customer; on no account will the customer incur any financial charge on the part from graffiti-guys on account of this repayment.

Graffiti-guys may refuse any repayment until they have received back the goods or until the customer has provided proof that he has sent back the goods depending on whichever is earlier.

The customer must send back or hand back the goods without delay, and in any case at the latest within fourteen days from the day he unformed graffiti-guys the cancellation of this contract, to:

Empire Distribution Handels G.m.b.H.,

Rainerstrasse 5, 5020 Salzburg

ÖSTERREICH

 

The time limit is observed if the customer dispatches the goods before the end of the fourteen day period.

If the customer is unable to restore or return to graffiti-guys anything provided for service or usage (e.g. benefits of use) or can only do so in part or in a deteriorated condition, the customer must provided appropriate compensation. For the deterioration of the material and for usages made by the customer must only provide compensation in as far as the usages or the deterioration are the consequence of employing the material in a way that goes beyond its tested features and functioning. By ‘Tested features and functioning’ graffiti-guys means the testing and trying out of the particular item, as is possible or normal for example in the shop context.

The cancellation right does not exist in the case of the following contracts unless the parties have agreed otherwise:

    Contracts for the delivery of goods which are not pre-manufactured and the specification for the production of which is determined by the individual choice of the consumer or which are clearly customized for the individual needs of the consumer.

    Contracts for the delivery of sealed goods which for reasons of health protection or hygiene are not suitable for returning if the sealing has been removed after delivery.

    Contracts for the delivery of goods if these by reason of their nature have been inseparably intermixed with other goods after delivery.

    Contracts for the delivery of audio or video recordings or computer software in sealed packaging if the sealing has been removed since delivery.

    Contracts for the delivery of newspapers, periodicals or illustrated magazines with the exception of subscription contracts.

 

Items that can be sent by parcel are to be sent back at graffiti-guys risk. The customer bear the direct costs of the return of goods.

The place of delivery for company business is our company location.

§ 4 DELIVERY

    Should nothing different be requested by the customer then the delivery address entered by the customer will be used.

    Delivery is assigned to different delivery service providers depending on the country. The relevant individual delivery conditions and delivery costs can be found in the detailed information on the internet page.

    If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was indicated to the customer with appropriate notice or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery.

    The delivery is sent from stock, the location of which is also the place of delivery. The customer takes over the risk once he/she takes possession of the item.

    Delivery and service delays due to acts of God are not the responsibility of Graffiti-guys. Such events give Graffity-guys

 the right to delay a delivery for the period of disruption and an appropriate restarting period or to withdraw entirely or in part from non completed parts of orders. Acts of God include strikes, natural disasters, war, blockades, import and export restrictions and other national interventions regardless whether they occur at Graffiti-Guys or distributors of Graffiti-guys.

    In the case of effects of acts of God which will cause a delay of a delivery, we will of course inform the customer without delay.

    Deliveries are made worldwide, although for certain countries special security tests have to be undertaken before the delivery can be effected. In this case this is explained to the customer in advance.

§ 5 PAYMENT AND LATE PAYMENTS

    All product prices at Graffiti-Guys are gross prices, include the current rate of VAT in the particular country and are shown in the stated currency. The prices stated at the time of the order including sales tax plus all costs arising from delivery are valid until further notice. Settlement is made in Euro. In some countries there may be differences of exchange rates for payments in other currencies than Euro. Graffiti-Guys converts currencies based on the exchange rates of European Central Bank.

    Customers from non EU countries can order at Graffiti-Guys minus sales tax. The payment of the land specific taxes is the responsibility of the customer and is not part of the obligations of Graffiti-guys. Any customs duties that may arise have to be paid by the customer.

    The retail price is payable upon placement of an order.

    The customer can pay the purchase price by Pay Pal and BitPay, regardless from which country he orders. The customer has the possibility at all times of requesting the Graffiti-Guys log-in data in order to follow up his/her order. Should the customer delay in paying, Graffiti-Guys has the right to charge interest on the delayed payment to the level of 5% above the annual rate set by the Austrian National Bank. If Graffiti-Guys incurs a higher rate of interest for delay, Graffiti-Guys has the right to pass this on. Special case purchase on account: In the event that you do not fulfill your payment obligations, following the lapse of your payment period and without any further notice you will land in default and the default interest will be due. The default interests amount to 8% in Switzerland and 10% in Austria.

§ 6 INVOKE A WITHHOLDING RIGHT AFTER NOTIFICATION OF DEFECTS

    A right to withhold may be invoked by the customer only when his complaints have been recognised legally or by Graffiti-Guys. The customer is only entitled to exercise his withholding right in as far as his counter claim is based on the same contractual relationship.

§ 7 PROPRIETARY RIGHTS

    All of our deliveries and services occur under proprietary right. Until all the claims against the customer have been fully met, the delivered products remain the property of Graffiti-Guys.

    If the customer is an entrepreneur in the midst of trade or self-employed, a legal individual under public law or public sector fund, Graffiti-Guys retain ownership of the purchased item until all outstanding claims from the business transactions with the customer has been settled. The relevant security rights can be transferred to third parties.

    A right of compensation is only available to the customer, if his counterclaims are established legally or recognized or accepted by Graffiti-Guys. Additionally, the customer only has a right of retention, so long as his counterclaim is based on the same contract.

    If the customer has any remaining default payments due to Graffiti-Guys, all existing receivable are due immediately.

§ 8 GUARANTEE

    The guarantee period is based on the legal regulations. This is 2 years and begins at the time the customer receives the product.

    Claims against Graffiti-Guys which may go beyond guarantee claims based on a manufacturer’s guarantee are excluded in as far as this is legally permissible. Claims arising from a manufacturer’s guarantee can only be claimed by the customer against the manufacturer, who has provided the guarantee.

    The guarantee is not valid against normal wear and tear caused by use of a product.

    Should a defect in a purchased item be the responsibility of Graffiti-Guys, then Graffiti-Guys is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If Graffiti-Guys is unwilling or not able to repair the problem or provide a replacement or the time taken to carry this out is longer than the appropriate time period expected for reasons that fall within the responsibility of Graffiti-Guys or if the repair/replacement delivery is unsuccessful, then the customer is entitled to withdraw from his contract or to ask for an appropriate reduction of the purchase price.

    If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then Graffiti-Guys will bill the customer for any expenses incurred.

    Compensation for consequential damage (due to defects), as well as for any other damage to materials or financial loss and claims for damages by third parties against customers, are excluded, in as far as it is not a case of consumer business.

§ 9 DISCLAIMER

    Claims by the customer other than the guarantee claims laid down in §7, especially damages claims, are excluded, in as far as this is legally permissible. Thus Graffiti-Guys accepts no responsibility for damage or harm not directly linked to the delivered object itself and especially not for loss of profit or other financial loss by the customer. In as far as the liability of Graffiti-Guys is excluded or limited, this also applies for the personal liability of employees, representatives or agents.

    The liability limitation defined in § 8 sec.1 does not apply in as far as the damage/harm is the result of intentionality or gross negligence or personal injury has occurred.

    Graffiti-Guys accepts no responsibility for the eventuality that the services offered from its website are not available without interruption nor for the conservation of stored data.

    The customer expressly understands that bindings are only mounted according to their general settings. No adjustments have been made with regards to actual body weight, body size, ability or intended use. The customer understands that sets equipped with pre-mounted bindings are not ready to ride! The customer undertakes to have the settings adjusted according to industry standards by an authorized dealer (technician) and to have them regularly checked.

§ 10 LINKS AND REFERENCES

    The links to outside pages made by Graffiti-Guys are only signposts to these sites; therefore they are presented in specific browser windows by means of external links. Graffiti-Guys does not identify with the content of these pages to which reference is made and accepts no responsibility for them.

§ 11 INFORMATION OBLIGATIONS

    On ordering the customer is obliged to make truthful statements. In as far as there is a change in the customer’s data, especially names, address, e-mail address, telephone number, the customer is obliged to inform Graffiti-Guys of this change without delay by changing the information given. If the customer fails to give this information or provides false data from the outset, especially a false e-mail address, then Graffiti-Guys may withdraw from the contract, in as far as such a contract has been made.

§ 12 APPLICABLE LAW AND JURISDICTION

    Austrian law applies.

    In all legal matters Austrian law, excluding any of its reference provisions and the UN sales law, applies exclusively to all legal dealings between Graffiti-Guys and the customer applies, in as far as this is legally permissible.

    For consumers as defined in Art 5 EVÜ their national obligatory consumer protection law provisions apply, unless the applicable Austrian provisions are more favourable.

    If the customer is not subject to general legal jurisdiction in Austria, has changed residence or moved his/her normal place of residence abroad since the purchase contract was made or his/her normal residence is not fixed/known at the time of any action brought, then Salzburg will be applied as the exclusive jurisdiction for any disputes arising directly or indirectly as a result of a contract.

    If the customer has his place of residence or is normally present or is employed in Austria, then for an action against him/her in accordance with §§88, 89, 93 Sect. 2 and 104 Para. 1 amended, any question relating to the competence of a particular court can only be determined by place of residence, normal place of presence or employment location. This is not the case with pre-existing disputes. For any legal disputes arising from the contract, the mandatory computer protection law provisions at the consumer’s place of residence are also applicable to the contractual relationship.

§ 13 DATA PROTECTION

    All data collected by us will be used and processed exclusively within the framework of the current data protection laws in accordance with our data protection regulations.

Privacy Decleration

§ 1 GENERAL TERMS

1.   Website carrier, short as the carrier, is

Empire Distribution Handels G.m.b.H.,

Rainerstrasse 5, 5020 Salzburg, AUSTRIA, 

phone: +43 (0) 662 87 12 43

fax: +43 (0) 43 662 87 12 43 10

e-mail: office@graffiti-guys.com

company number: 214015d

tax number: ATU 53076807.

2.   This contract designates the term graffiti-guy for all geographic specific domains like graffiti-guys.at, graffiti-guys.eu and graffiti-guys.com.

3.   The website graffiti-guys is a project from the company Empire Distribution Handels G.m.b.H. All bussiness relationships with graffiti-guys affiliate equally with Empire Distribution Handels G.m.b.H.

4.   Consumer in the meaning of this contract are individuals, whenever a business relationsship has started, without any  commercial background like a freelancer or businessman.

5.   Entrepreneur in the meaning of this contract are individuals or a legal person, whenever a business relationship has started, an his intention in a meaning of commercial usage is.

6.   Customer are consumers and entrepreneurs. They are to be understood in the same sense, as long as both parties see no difference in the legal position for a clause used.

§ 2 PRIVACY

1.   Your privacy is very important to us. Therefore we collect only required information about you based on Austrian and European laws (DSGVO, TKG 2003). In this privacy disclaimer we want to inform you about the important aspects from our side.

2.   Contact with us: If you contact us over our contact site or over e-mail, we will keep your request for 6 months saved. We dont give those data to 3rd parties without your permission.

3.   Data perserving: We want to inform you, that we save for a easier checkout process and future contract bindings your IP address information, your name, address. We do not save any payment credentials you use with our payment providers.

The information you provide us for your checkout process are neccessary for contract fullfillment and/or for processing pre-fullfillments. Without your information we can´t process your contract any further. Only your e-mail address could be sent to our payment provider in order to fullfill the checkout process. For our delivery service we also need to give your name and address to ship to.

If you cancel a not fullfilled order process, we will delete all saved data on our side. In order the contract fullfills all requirements, we will preserve your data for financial laws at least seven years.

Your name, address, bought goods and date of contract will be preserved for at least 10 years. Your data is saved unter our laws (§ 96 Abs 3 TKG & DSGVO allowance).

4.  Cookies: Our website uses cookies. Those are little text files with we store on your side on your browser. They are harmless.

We use cookies in order to re-identifiy you and keep your interaction with our website as friendly as possible. You may delete them, if you wish to.

If you disable completly cookies, it could lead to restricted access to some of our functionality.

5.  Newsletter: You have the possibility to request our newsletter. For the newsletter service we need your e-mail address and allowance from you, in order to get our newest informations. After you registered yourself for our newsletter, we send you an confirmation e-mail with a link in order to confirm your submission.

You can cancel every time your newsletter. Just inform us by sending us an  e-mail to: office@graffiti-guys.com or click on the unsubscribe-link from our latest newsletter. After your confirmation we delete all data immediality concerining your subscription.

6.  You have the right to get informed by your data, to change your data, to delete your data, to restrict your data and disallowance of any data transfer. If you think that our website violates the austrian laws, you may report us immediatley.

In austria thats the goverment of privacy (Datenschutzbehörde).

You may contact us at any time:

Empire Distribution Handels G.m.b.H.,

Rainerstrasse 5, 5020 Salzburg, ÖSTERREICH, 

Tel.: +43 (0) 662 87 12 43

Fax: +43 (0) 43 662 87 12 43 10

E-Mail: office@graffiti-guys.com

Firmenbuchnummer: 214015d

UID: ATU 53076807.

§ 3 DISCLAIMER

For contents: The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.

For links: The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page. 

The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object. The copyright for any material created by the author is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.

If you want to use some ressource or do you think someone else is violating our copyrights please contact us immeadietly.

Empire Distribution Handels G.m.b.H.,

Rainerstrasse 5, 5020 Salzburg, AUSTRIA, 

phone: +43 (0) 662 87 12 43

fax: +43 (0) 43 662 87 12 43 10

e-mail: office@graffiti-guys.com

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Blue Tomato or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Blue Tomato and protected by U.S. and international copyright laws.

§ 14 SEVERABILITY CLAUSE

    Should certain terms of the current contract be ineffective or impracticable or after contract closure be ineffective or impracticable, then the validity of the remaining provisions of the contract still remains unchanged. Practical and effective provisions, the effects of which will come closest to fulfilling the commercial goals pursued by the contracting parties through the ineffective and/or impracticable provisions, will replace the ineffective or impracticable provisions. The provisions above also apply in the case that the contract is incomplete.

 

Latest update: 07.05.2018