1.3 These Terms and Conditions of Sale and Delivery apply to all contracts concluded between the Seller and its customers, irrespective of whether they are entrepreneurs or consumers. For contracts between us and consumers, special provisions apply in some cases, which are set out separately below. 

1.4 The Seller reserves the right to make design and format changes as well as changes in colors, specifications and technical features without prior notice. Deviations from illustrations and descriptions are possible in the course of further development without prior notice. No liability is accepted for printing errors.

1.5 The Seller's offers are always subject to change. The buyer is bound to his purchase offer. The seller is not obliged to send the buyer a confirmation of receipt within the meaning of § 10 ECG. Orders shall not be deemed accepted until they have been confirmed in writing by the Seller (order confirmation) or the ordered goods have been delivered. If the written confirmation differs from the order, the contract is concluded with the content of the order confirmation. If the Buyer has provided the Seller with an e-mail address, declarations made by the Seller to the Buyer shall also be deemed to be “in writing” within the meaning of these Terms and Conditions of Sale and Delivery if they are sent by e-mail to the address provided by the Buyer. Conversely, declarations by the Buyer sent to the Seller by e-mail shall also be deemed to be “in writing” within the meaning of these Terms and Conditions of Sale and Delivery.

2 Conclusion of contract and scope of delivery
2.1 By ordering goods, the customer makes a binding declaration that he wishes to purchase the goods ordered.

2.2 Unless otherwise agreed, a contract is concluded with the written order confirmation or the delivery of the ordered goods; the order confirmation is decisive for the scope of the delivery. If the buyer does not expressly request an order confirmation, the invoice sent or enclosed shall also be deemed to be the order confirmation.

2.3 If conversion kits, accessories or other parts are delivered incorrectly or incompletely due to unclear, incorrect or incomplete information, the customer shall bear the entire risk. Claims for damages of any kind are excluded.

2.4 The prices stated in our circulars, advertisements, price lists or in the information belonging to the offer are non-binding unless they are expressly designated as binding by the managing director in the order confirmation.

3 Delivery and delivery periods
3.1 Delivery periods are only binding if they are agreed in writing. Force majeure, strikes, lockouts, operational disruptions and non-delivery by suppliers for which the Seller is not responsible shall extend the delivery period for the duration of the hindrance. The Seller shall not be responsible for the aforementioned circumstances even if they occur during an already existing delay. If the Seller is responsible for the delay in delivery, the Buyer shall only be entitled to withdraw from the contract if it has previously set the Seller a grace period of at least three weeks and this grace period has expired unused.

The seller fulfills his delivery obligation by handing over the goods to a forwarding agent, carrier or other person designated for shipment. This transfers the risk to the customer. The consignment shall only be insured on the basis of a separate written agreement in individual cases and exclusively at the expense of the buyer. Claims for damages arising from a delayed or defective delivery are excluded. Delivery deadlines shall be deemed to have been met when the goods have left our company or are ready for collection.

The shipping costs shall be borne by the buyer. Partial deliveries are permitted.

3.2 The Seller's obligation to deliver shall be suspended as long as the Buyer is in arrears with a due payment. The Seller is entitled to demand appropriate security at its discretion - in particular advance payment and surety - prior to delivery. If the security is not provided by the Buyer in due time, the Seller shall be entitled to withdraw from the contract without any further grace period.

In the event of withdrawal, the seller has the choice of demanding lump-sum compensation from the buyer in the amount of 30% of the gross invoice amount or compensation for the damage actually incurred.

3.3 If the Buyer has not accepted the goods as agreed (default of acceptance), risk and coincidence shall pass to the Buyer and the Seller shall be entitled, after setting a grace period to no avail, either to store the goods himself and charge the Buyer a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof or to store the goods at the expense and risk of the Buyer with an authorized tradesman. At the same time, the seller is entitled either to insist on fulfillment of the contract or to withdraw from the contract after setting a reasonable grace period of at least two weeks. In the event of withdrawal, the Seller may demand from the Buyer liquidated damages amounting to 30% of the gross invoice amount or compensation for the actual loss incurred. 

3.4 The mode of shipment shall be determined by us. We cannot accept any liability for determining the most favorable shipping route. If the transportation of the goods is delayed through no fault of our own, the goods shall be stored at the Buyer's expense. The receipt of the respective transport company is sufficient as proof of proper shipment of the goods.

3.5 Unless expressly agreed otherwise in writing, shipment shall only be made against prepayment. 

3.6 Damaged goods shall only be accepted by the transport company once the damage has been recorded and acknowledged by the transport company. Damage reports must be submitted in writing to the carrier or the seller within 6 days of delivery. Missing reports must be requested within 6 days of delivery. In the event of non-compliance, the buyer shall bear the resulting damage himself.

4 Retention of title
4.1 The Seller retains title to the goods sold by him as well as to all installed accessories and spare parts until full payment of the claims to which he is entitled under the contract. If the Buyer is a merchant and purchases the goods in the course of his business, the retention of title shall serve to secure all claims to which the Seller is entitled against the Buyer arising from the business relationship with him. Upon request, the Buyer shall name its customer(s) to the Seller and inform them of the assignment in good time. If the buyer is in arrears with his payments to the seller, the sales proceeds received by him shall be separated and the buyer shall only hold them in the name of the seller. Any claims against an insurer are hereby assigned to the seller by the buyer within the limits of § 15 of the Insurance Contract Act.

4.2 If the Buyer acts in breach of contract, in particular in the event of default in payment, the Seller shall be entitled to withdraw from the contract and to demand the return of the goods subject to its retention of title. The Buyer may resell the goods in the ordinary course of business. The Buyer hereby assigns to the Seller the claims arising from the resale of the goods subject to retention of title together with all ancillary rights. The buyer is authorized to collect these claims for the account of the seller as long as he duly meets his payment obligations to the seller. If the collection authorization is revoked, the buyer is obliged to provide the seller with all information and documents required for collection.

4.3 In the event of seizure of the reserved goods or other interventions by third parties in the Seller's right of ownership, the Buyer shall notify the Seller immediately. The costs of necessary interventions to secure or save the Seller's property shall be borne by the Buyer. 

4.4 The assertion of the retention of title by the Seller shall only constitute a withdrawal from the contract if this is expressly declared. If the goods are taken back, the Seller is entitled to charge the Buyer for any transportation and handling costs incurred.

 4.5 The Buyer shall bear the full risk for the goods subject to retention of title, in particular the risk of destruction, loss or deterioration.

5 Prices and terms of payment
5.1 Shipment shall be made exclusively against advance payment. The Seller's prices are to be understood as end customer prices including statutory VAT, excluding shipping costs, customs duties, packaging costs and insurance. If shipping costs are incurred because the customer wishes the goods to be shipped, the customer shall bear the shipping costs. In the event of withdrawal by the customer, the customer must also bear the return costs.

5.2 Late payment - In the event of late payment, we are obliged to charge 5% of the total gross amount as reminder fees. In addition, the customer shall reimburse the dunning and collection expenses incurred in this respect, in particular the costs of engaging a lawyer. The customer must pay compensation for the costs of the services necessary for the appropriate collection of the claim. The dunning and collection charges shall be based on the statutory calculation rates applicable to the collection agencies; the lawyers' dunning and collection charges shall be based on the lawyers' tariff. In the event of late payment, the seller shall also be entitled to charge interest on arrears and interest of 1% of the total gross amount per month, calculated from the day following the due date.

5.3 In the event of cancellation, 25% of the total amount and any processing costs incurred will be charged. 

5.4 Orders placed specifically at the customer's request, if not in stock at the time of ordering, are excluded from cancellation. 

5.5 All costs incurred by the seller must be reimbursed in full by the buyer.

5.6 With the publication of a new price list of the Seller, all previous price lists shall lose their validity. Pricing shall be based on the Seller's price list valid on the date of the agreement. However, the Seller may demand a price adjustment in accordance with the increase in cost factors if there are more than four weeks between the conclusion of the contract and the agreed delivery time. Specially agreed offers, prices and discounts shall only apply to the respective individual order and shall have no subsequent effect.

5.7 The ordered goods are due for payment within 14 days from the date of dispatch of the order confirmation.

5.8 Money orders, checks or bills of exchange shall only be accepted by special agreement and only on account of payment, whereby all collection and discount charges shall be borne by the Buyer.

5.9 A right of retention or set-off on the part of the Buyer is excluded unless the Buyer's counterclaim is expressly recognized or has been legally established. Claims against the Seller may not be assigned without the Seller's express consent.

6 Warranty/notification of defects
6.1 Complaints due to obvious defects, including recognizable defects in the case of orders between merchants, must be notified to the seller in writing without delay, but at the latest within one calendar week of acceptance. If this is not done, claims against us due to these defects are excluded. The timely dispatch of the written notification of defects is sufficient.

If the buyer claims the existence of a defect, any resulting claims, in particular for warranty or damages, can only be asserted if the buyer proves that the defect already existed at the time of delivery of the goods; this also applies within the first six months after delivery of the goods.

6.2 No independent obligations towards the seller can be derived from guarantee promises made by manufacturers. The Buyer's statutory warranty rights shall remain unaffected.

6.3 Unless longer warranty periods are agreed with the Buyer for individual products, the warranty period shall be one year from delivery of the goods in the case of new goods. For merchants, the warranty period for used and new goods is one year from delivery of the goods. The seller's warranty obligation shall expire in any case upon expiry of the warranty period; any further special intervention by the buyer pursuant to § 933b ABGB (Austrian Civil Code) due to warranty obligations fulfilled by the buyer is excluded.

6.4 The warranty is excluded under the following circumstances: - In the case of goods that have been altered, processed or defects rectified by third parties without the seller's consent, unless the buyer can prove that the defect was not caused by the alteration, processing or defect. - If the installation of goods is carried out outside an authorized specialist workshop, unless the buyer can prove that the defect is not the result of the installation.

6.5 Defective goods must be returned to the seller by the buyer at his own expense. 

6.6 Warranty claims of the Buyer shall in all cases be fulfilled at the Seller's discretion either by replacement, repair within a reasonable period or price reduction; the Buyer may only demand rescission (rescission of contract) if the defect is substantial, cannot be remedied by replacement or repair and a price reduction is not reasonable for the Buyer. 6.7 Defects in a part of the delivery shall not entitle the Buyer to complain about the entire delivery or to withhold the entire payment. If only parts of a delivery are defective, the Seller may make the repair or replacement delivery of these parts dependent on the prior payment of that part of the total purchase price which includes the defective part of the delivery.

6.8 The seller is liable for all disadvantages and damages that arise or are influenced by the buyer not observing product descriptions, instructions for use, installation instructions and other instructions from the seller and/or manufacturer or not adequately informing other buyers, regardless of the legal reason. not. 

6.9 Competition vehicles or parts and devices used there are excluded from the warranty.

6.10 The seller assumes no liability for any approvals of any kind that may be required in connection with an item of purchase. Warranty claims, claims for damages and other claims against the seller due to any lack of approvals are completely excluded. It is the sole responsibility of the buyer to obtain any necessary approvals of any kind at his own expense.

6.11 Our liability – regardless of the legal basis – is limited to damage that we or our vicarious agents have caused intentionally or through gross negligence. In cases of slight negligence, all claims for damages against the seller are excluded.

The injured party must prove the existence of intent or at least gross negligence. The limitation period for claims for damages is three years from the transfer of risk. The provisions regarding damages contained in these sales and delivery conditions or otherwise agreed also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

Claims for recourse within the meaning of Section 12 of the Product Liability Act are excluded unless the person entitled to recourse proves that the error was caused within the sphere of the seller and that the seller was at least largely negligent. 

6.12 Some items are not permitted according to the STVZO. If the buyer fails to provide sufficient information to the seller, the seller will not assume any liability.

7. Duty of care
The buyer must ensure that all changes and conversions to his vehicle when it is used in public transport are recorded in his vehicle documents (vehicle registration and vehicle registration document) in accordance with the legal regulations. If necessary, the buyer must present the vehicle to the Technical Inspection Association (TÜV). The buyer is responsible for the TÜV registration of converted vehicles or their parts.

8. Returns and returns of goods
8.1 The return of goods will only take place with the express approval of us - Cult-Werk GmbH - and can be carried out within 14 days of receipt of the goods! In any case, the return must be carried out freight prepaid. When returning/returning goods, the customer is liable for the correct packaging of the goods, which should be done with the original packaging. Damaged, already installed or defective goods cannot be returned.

8.2 A goods credit will only be issued after the returned goods have been thoroughly examined and with our consent to take them back. All other parts are excluded from return. Goods with a net value of less than 50.00 euros will generally not be taken back for a goods credit.

8.3 The return of individual and custom-made products is excluded. Parts that are not registered by the TÜV even though a TÜV report is available (as the TÜV regulations sometimes change several times) will not be taken back. Special and promotional offers are excluded from return. 8.4 The return of parts of any kind is excluded from commercial merchants (resellers). If the seller agrees to a return, 25% of the gross total amount will be charged as compensation.

9. Place of jurisdiction and choice of law 
9.1 For all disputes arising from or in connection with the contracts between the seller and merchants, as well as between the seller and persons who do not have their domicile or usual place of residence within the scope of the Austrian Code of Civil Procedure, the place of jurisdiction is the registered office of the seller.

9.2 The legal relationships between the seller and the buyer arising from or in connection with this contract are subject to the law of the Federal Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods and excluding reference norms. 

9.3 The only contractual language is German.

10. If individual provisions of these sales and delivery conditions are invalid, the validity of the remaining conditions will not be affected. Instead of the ineffective conditions, the one that corresponds to the meaning and purpose of the ineffective condition is deemed to have been agreed.

11. Changes of address – The buyer is obliged to inform the seller of any changes to his residential or business address as long as the legal transaction that is the subject of the contract has not been fulfilled by both parties. If notification is omitted, declarations are deemed to have been received by the buyer even if they are sent to the last announced address.

12. The buyer undertakes that all data provided when ordering are accurate. If this agreement is not fulfilled, the seller may claim compensation for the damage caused to him.

Subject to changes and printing errors.