General terms and conditions of SAMA GmbH Haibach as of 01/01/2019

General:

These general terms and conditions apply to all our deliveries of goods and – mutatis mutandis – to the provision of services by us in distance selling and stationary trade, even if these deliveries or services are made without use or express reference to these general terms and conditions. With the order (or at the latest with acceptance) of the goods or services, the customer accepts these general terms and conditions. Changes or ancillary agreements by persons authorized to represent our company and only apply to the individual business case. Our other employees are not authorized to make changes or ancillary agreements to these general terms and conditions. Deviating contractual conditions of the customer are expressly rejected. You do not commit us even if we do not contradict you again after we have received it. We only offer our services and deliveries in distance selling to fully legally competent customers with their registered office or domicile in Austria and its neighboring EU countries. If a product cannot be delivered within four weeks for reasons for which we are not responsible, we reserve the right to withdraw from the contract. The content of the contract, all other information, customer service, data information and the handling of complaints are consistently offered in German. The place of performance for all business is the company’s location.

Order process, order correction, order cancellation:

Prices and payment:

The prices given are current prices and the sales price given on the day of the order is valid. Unless otherwise stated, all prices are cash prices including statutory sales tax. The costs incurred by shipping and the cash on delivery fee are not included in the prices (see next point). In the case of obvious errors, Sama GmbH reserves the right to charge the correct price. Payment is made according to the payment method selected when completing the order or on site. Payment must be made in euros.

Payment terms:

Below you can see the payment options we accept. For collection: Payment is made by cash or credit card.

When shipping: credit card (MasterCard & Visa), Stripe and PayPal. For corporate customers and public institutions there is also the option of buying on account after a positive credit check.

Shipping costs, cash on delivery fee:

If shipping is not free of charge, shipping costs will be shown in the order completion. In the case of cash on delivery, the cash on delivery fee is already included in the shipping costs shown when the order is placed.

Delivery terms:

The goods will be sent to the delivery address you specified by parcel service, post or forwarding agency. We are entitled to make partial deliveries to a reasonable extent. The goods can be picked up at our company location.

In the case of goods in stock, delivery normally takes place within five working days, but within the statutory 30-day period.

Bearing of risk on delivery:

When the goods are dispatched, the risk of loss or damage to the goods is only transferred to the consumer as soon as the goods are delivered to the consumer or to a third party other than the carrier designated by him. However, if the consumer himself has concluded the contract of carriage without using one of the options suggested by us, the risk is transferred to the carrier as soon as the goods are handed over.

Retention of title:

The goods you have ordered remain our property until they have been paid for in full. Before we have paid our claim in full, you are prohibited from pledging the goods, transferring them by way of security or granting third parties other rights to them. The purchaser must notify us immediately of compulsory enforcement measures and other access by third parties to the goods subject to our retention of title that impair our legal position. You have to object to such measures immediately with reference to our retention of title.

Cancellation policy or right of cancellation for consumers:

Consumers acc. KSchG have the right to withdraw from this contract within fourteen days without giving reasons.

The withdrawal period is:

in the case of a sales contract, fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.

In the case of a contract for several goods that the consumer has ordered as part of a single order and that are delivered separately, fourteen days from the day on which you or a third party named by you, who is not the carrier, has possession of the last goods have taken or has taken.

in the case of a contract for the delivery of goods in several partial shipments or pieces, fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last partial shipment or the last piece .

in the case of a contract for the regular delivery of goods over a specified period of time fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the first goods.

In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or e-mail) to us with your name, address, telephone number and email address. You can use the attached Sama GMBH withdrawal form (see below), but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

When picking up in the shop, only a reservation is made online, the purchase contract is only concluded in the shop. In this case there is no statutory right of withdrawal.

Consequences of the withdrawal:

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract.

For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

In the case of sales contracts in which we have not offered to collect the goods ourselves in the event of cancellation, we can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back whichever is the earlier.

If you have received goods in connection with the contract, you must return or hand over the goods to us or to one of our branches immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract .

The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. In the case of goods that cannot be sent as a parcel, the costs for return are estimated at a maximum of around EUR 50. We can organize the collection of these freight forwarding goods, the transport costs are then deducted from the credit note to be issued.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

If you have requested that the services should begin during the withdrawal period, you have to pay us a reasonable amount, which corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of withdrawal with regard to this contract Compared to the total scope of the services provided for in the contract.

If the customer is an entrepreneur, a revocation is completely excluded.

Notes for the smoothest possible processing of the return:

If possible, please send the item back to us completely in the original packaging. Please use the Sama GmbH return slip (please enter the reason for the return) and enclose it in the package. The use of the return slip and the original packaging is not a “must”, ie not a prerequisite for asserting your right, but it simplifies and secures the process for us.

The consumer has no right to withdraw from contracts on:

Services, if the entrepreneur – on the basis of an express request by the consumer according to § 10 FAGG as well as a confirmation by the consumer of his knowledge of the loss of the right of withdrawal in the event of complete fulfillment of the contract – had started to perform the service before the expiry of the withdrawal period according to § 11 FAGG and the service has then been fully provided. 2. Goods that are manufactured according to customer specifications or that are clearly tailored to personal needs. 3. Goods that are delivered sealed and are not suitable for return for health or hygiene reasons, provided that the seal has been removed after delivery,

Goods that, due to their nature, were inseparably mixed with other goods after delivery.

Sound or video recordings or computer software that are delivered in a sealed package, provided that the seal has been removed after delivery.

The delivery of digital content not stored on a physical data carrier if the entrepreneur – with the express consent of the consumer, combined with his knowledge of the loss of the right to withdraw from the contract if the contract begins early, and after the provision of a confirmation in accordance with Section 7 (3) FAGG – has started delivery before the expiry of the withdrawal period according to § 11 FAGG,

Urgent repair or maintenance work for which the consumer has expressly requested the entrepreneur to visit to carry out this work. If the entrepreneur provides additional services during such a visit that the consumer has not expressly requested, or if he delivers goods that are not necessarily required as spare parts for maintenance or repair, the consumer has the right to withdraw from these additional services or goods.

Sama GmbH CANCELLATION FORM / RETURN NOTE

document

REVOCATION FORM / RETURN NOTE

The right of withdrawal relates to the mail order business. Products for collection are reserved for one week in the respective branch after the email confirmation that the goods are ready for collection. There is no right of return within the meaning of the Distance Selling Act.

Returns:

Please return items to the following address:

Sama GmbH

Schubertweg 10

4204 Haibach

Austria

Customer care:

During our opening hours we are available to you by phone. Here all questions about the products, deliveries and / or orders can be discussed, completed or changed. We are at your disposal Monday to Friday 9 a.m. to 5 p.m. on the following telephone number:

Our hotline: +43 663 06443711

info@humanwerkstatt.at

This e-mail address is used exclusively for information on order processing or for delivery information.

Warranty and liability:

In the event of justified complaints about defects within the statutory warranty period and the existence of the statutory requirements, we can choose whether to improve or supplement the missing items or replace them within a reasonable period of time. Compensation for consequential damage, other direct damage and losses or lost profit from defective, non-existent or late delivery is excluded. Liability for personal injury and any claims for compensation from the Product Liability Act are not limited by the above provisions. Occurring defects – without the customer, who is a consumer within the meaning of the KSchG, being associated with disadvantageous legal consequences if they fail to do so – are to be reported as soon as possible upon delivery or after they become visible. If the customer is an entrepreneur within the meaning of the Consumer Protection Act, he has to check the delivered goods or the services provided immediately after receipt for completeness, correctness and other defects. Any defects must be reported in writing immediately, but no later than five working days after receipt of the goods or service, in the event of any other loss of all claims to which he is entitled from defects recognizable during a proper inspection.

Warranty:

To process the guarantee, the manufacturer’s provisions apply to all products. If the warranty processing is not carried out directly between the customer and the manufacturer, but rather by us, the complained about components will be sent to the manufacturer. In the interests of providing service to our customers, we reserve the right to replace the complained components ourselves in order to shorten the process, but the customer has no legal claim to this procedure. If products with an alleged defect are handed over to us for warranty processing, but the test of these products shows that they are working properly, we are entitled to invoice the test costs incurred, currently a flat test fee of € 15, – incl. VAT.

For questions about warranty and repair orders, you can contact the following e-mail address:

info@humanwerkstatt.at

Dispute settlement:

We undertake to participate in the arbitration procedure of the Internet Ombudsman in disputes:

www.ombudsmann.at

Internet Ombudsman

Ungargasse 64-66 / 3/404

A-1030 Vienna

More information on the types of procedure can be found at www.ombudsmann.at or in the respective procedural guidelines:

Procedural guidelines of the Internet ombudsman for alternative dispute resolution according to the AStG (AStG arbitration procedure) AStG procedure guidelines (PDF)

Guidelines for the arbitration procedure at the Internet Ombudsman outside the scope of the AStG (standard procedure) Guidelines for standard procedures (PDF)

The OS platform can also be used to settle disputes with our company: Link to the OS platform: http://ec.europa.eu/consumers/odr

Our e-mail address: info@humanwerkstatt.at

Privacy Policy:

General:

The protection of your data is important to us. We therefore process your data exclusively on the basis of the statutory provisions (GDPR, TKG). Our employees are subject to the confidentiality obligations of the Data Protection Act. The mere fact that a message has been exchanged is also subject to confidentiality. Routing and domain information must and may, however, be passed on.

We, Sama GmbH, are responsible for data processing in terms of data protection law. If you have any questions about the collection, processing or use of your personal data, please contact us in writing:

Sascha Rinder, Schubertweg 10 4204 Haibach, pm@humwerkstatt.at

Information collection and use:

As part of your order, your newsletter subscription or your visit to our website, we collect and process certain personal data relating to you. The type, scope and purposes of this data processing are described below.

Order

As part of your order, we process the data you provide: first name, last name, email address, IP address, street, zip code, city, telephone number, user name and password. The data entered during payment will not be stored or processed by us, this data will be entered directly with the service provider.

You hereby agree to the receipt of advertising messages in accordance with § 107 TKG expressly. This consent can be revoked at any time (for contact details see legal notice).

The data you provide will only be used to process your order and to fulfill the contract between you and us. The data processing is carried out on the legal basis of Art 6 Paragraph 1 lit b GDPR. After the contract has been fully processed and the purchase price has been paid in full, your data will be archived and deleted after the retention periods under tax and commercial law or the periods in accordance with the Product Liability Act, unless you have consented to further use of your data. In the event that the shopping process is canceled without the conclusion of a contract, the data stored by us will be deleted. Your personal data will only be passed on to third parties or otherwise disclosed if this is necessary for the purpose of contract processing or billing or if you have given your prior consent. As part of the order processing, for example, the service providers we use (e.g. shipping companies, logisticians, payment service providers) receive the necessary data for order processing. However, in the event of a statutory provision, an official order or an official investigation, we are legally obliged to make the relevant data available to the authority.

Newsletter or customer registration

If you sign up for our newsletter, register as a customer or place an order and thus give us your consent (Art 6 Para 1 lit a GDPR), we will process your name and your email address for the purpose of sending ours Newsletters. Your personal data will be stored until you unsubscribe from the newsletter or until you withdraw your consent. You can revoke your consent or unsubscribe from the newsletter at any time by sending a message to the e-mail address info@humanwerkstatt.at or clicking on the unsubscribe link at the end of each newsletter or notifying us in another form.

Cookies:

The use of a cookie while visiting our website is in no way associated with personally identifiable information about the visitor. If the visitor does not want to use the cookie, he can still use our website. However, in this case the visitor only has limited access to our website (no order possible). Cookies enable us to understand the interests and wishes of our users and to improve the offers on our website accordingly. This data is collected on the basis of Section 96 (3) TKG.

Sharing the data:

We reserve the right to share accumulated general demographic data with our partners for statistical purposes. These data do not contain any personally identifiable information.

Left:

This website contains links to other sites. Please note that SAMA GmbH assumes no responsibility for the data protection practice on other sites and the content published there.

Other forms of information gathering:

From time to time our website collects visitor data by means of temporary campaigns, such as seminars, free test accounts, surveys, etc. Participation in these campaigns is voluntary; so the visitor can decide for himself whether he wants to reveal personal data or not. This data can include contact information (e.g. name, email address, telephone number), demographic information (e.g. zip code, age group) or others. The data is used to provide visitors with the requested service. Information collected through surveys is used to improve our website and services.

Use of Google Analytics:

This website uses Google Analytics, a web analysis service from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable your use of the website to be analyzed. We process your data on the basis of our overriding legitimate interest in creating easy-to-use website access statistics in a cost-effective manner (Art 6 Paragraph 1 lit f of the General Data Protection Regulation).

The information generated by the cookie about your use of this website (including your IP address and the URLs of the websites you visit) will be transmitted to and stored by Google on servers in the United States. We do not save any of your data that is collected in connection with Google Analytics.

This website uses the IP anonymization option offered by Google Analytics. Your IP address will therefore be shortened / anonymized by Google as soon as Google receives your IP address. On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide us with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data by Google. You can prevent the storage of cookies by setting your browser software accordingly. However, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting your data in connection with Google Analytics by downloading and installing the browser plug-in available under the following link:

http://tools.google.com/dlpage/gaoptout?hl=de

Use of social media plug-ins:

We use plug-ins from the following social networks Facebook, Twitter and Google+ which are provided by the companies:

Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, www.facebook.com)

Twitter, Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA, www.twitter.com

Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”).

operate.

To do this, we use a two-stage process, in which you can give your consent to the processing of data by the operator of the social network in accordance with Article 6 (1) (a) GDPR. Data is only transmitted to the operator of the social network when users click on one of the icons displayed and thus consent to the transmission of the data to the operator of the social network. Your browser will only establish a connection to the respective social network after you have given your consent.

The social network receives information about your visit to our website via the plugin. If you are logged in to (Facebook, Twitter or Google+), your visit can be assigned to your account on your social network. Any interactions with the plugin can be saved by the operator of the network.

Information about the use of the data collected by the respective social network can be found on the website of the company Facebook, Twitter and Google in the “data protection” or “privacy” area under the URLs:

https://www.facebook.com/help/568137493302217

https://www.google.at/intl/de_at/policies/privacy/?fg=1

https://twitter.com/de/privacy

Sign out:

Users who no longer want to receive our newsletter or our promotional e-mails click a link called “Unsubscribe”, which is included in all newsletters or promotional e-mails sent by SAMA GmbH.

Recommendation service:

If a visitor decides to use our recommendation service to inform a friend or colleague about our website, we ask for the recipient’s name and email address. The SAMA GmbH then automatically sends a one-time email to the friend or colleague with an invitation to visit our website. SAMA GmbH does not save this data.

Data security:

Your contract data is encrypted using TLS / SSL procedures (see also: Wikipedia: Transport Layer Security) and transmitted over the Internet. We secure our website and other systems through technical and organizational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons.

Rights as a data subject:

You have the right to information about your personal data, as well as the right to correction or deletion or restriction of processing. You can also object to the processing and have the right to transfer your personal data in a structured, machine-readable form. For all rights mentioned, please contact the person responsible.

Right of appeal:

You also have the right to lodge a complaint with a supervisory authority. For Austria this is the Austrian data protection authority, Wickenburggasse 8, 1080 Vienna, phone: +43 1 52 152-0, email: dsb@dsb.gv.at, web: https://www.dsb.gv.at/ . We do not accept any liability for errors in the transmission of the data.

Jurisdiction:

The place of jurisdiction for consumers is based on the statutory provisions. Otherwise, the competent court at the company’s headquarters is the place of jurisdiction. Austrian law applies, unless provisions for consumer protection speak against it. If the consumer has his domicile or his habitual residence in Germany or if he is employed in Germany, only the jurisdiction of the court can be established for a lawsuit against him according to §§ 88, 89, 93 para. 2 and 104 para. 1 JN in whose district the place of residence, habitual abode or place of employment is located; this does not apply to legal disputes that have already arisen. For any legal disputes arising from the contract, the mandatory consumer law provisions at the consumer’s place of residence are also applicable to the contractual relationship.

Severability clause:

Should individual provisions of the contract, including these provisions, be wholly or partially ineffective, or should there be a loophole in the contract, the validity of the remaining provisions or parts of such provisions shall remain unaffected. Instead of the ineffective or missing provisions, the respective regulations apply. A waiver of these rights cannot be derived from the fact that we do not exercise some or all of the rights that arise for us. In the event of contractual disagreements, we accept the Internet Ombudsman and the Association of Austrian E-Commerce Quality Marks as an out-of-court arbitration body, but without waiving the ordinary legal process.

Internet Ombudsman

Austrian Institute for Applied

telecommunications

Ungargasse 64-66 / 3/404

A-1030 Vienna

 

SAMA GmbH

Schubertweg 10

4204 Haibach

Austria

Tel .: + 43-663-06443711

Legal form: GmbH

Sales tax ID: ATU 73456324

Commercial register number: 491364w

Place of jurisdiction: Urfahr area

Info, data information, etc. Complaints under: info@humanwerkstatt.at

Member of the Upper Austria Chamber of Commerce

Commercial regulations: trade regulations

(www.ris.bka.gv.at)

Supervisory authority: BH Urfahr Umgebung

Commercial register court: Linz

Business purpose: trade

Media owner, editor and publisher:

Managing director: Mag. Sascha Rinder

SAMA GmbH

Schubertweg 10

4204 Haibach

Austria