These Terms and Conditions (hereafter referred to as "TC") apply to the entire business relationship and all other contracts concluded between Ponix Systems GmbH, FN 455992 (hereafter referred to as "Ponix") and the customer for deliveries, services and sales (hereafter also referred to as “good” or "goods"). Deviating, conflicting or supplementary terms and conditions, even if known, shall not become part of the contract unless their validity is explicitly agreed upon.
2. Offerings, orders and conclusion of contract
Offers made by Ponix in (digital) advertising materials and on https://www.ponix-systems.at and https://shop.ponix-systems.com do not constitute binding offers in the legal sense, they are for information purposes only and represent invitations to tender by the customer. By placing an order, the customer constitutes a binding offer which can be accepted by Ponix through actual compliance and fulfillment or explicit acceptance. The dispatch of an automated confirmation of receipt of an order does not constitute acceptance by Ponix.
3. Availability / scope of delivery / delivery periods
If goods ordered by the customer are not in stock after conclusion of the contract, Ponix reserves the right to restore availability within a maximum period of two weeks without consequences of delay. If the availability cannot be restored within this period, the customer may withdraw from the contract in writing. In the event of withdrawal, payments already received will be immediately refunded to the customer in accordance with point 7.3.1. of these terms and conditions.
The scope of delivery refers, as far as available, to the product description in the text, but not to accessories, color changes and/or shape changes, which may be shown on product illustrations. Otherwise, the written order confirmation from Ponix shall be decisive for the scope of delivery of products that are not illustrated.
All prices quoted by Ponix in (digital) advertising material and on https://www.ponix-systems.at or https://shop.ponix-systems.com are retail prices including Austrian VAT (currently 20%) in EURO. The shipping and transport costs, as well as any customs duties, taxes, fees and charges are not yet included (type and amount will be made available to the customer prior to the submission of his contractual declaration). The stated prices always refer to the product description in the text or the confirmed scope of delivery, but not to accessories, color changes and shape changes which may be shown on product illustrations.
5. Payment and method of payment
5.1 Austria and the EU
The payment for the product can take place by advanced payment, by PayPal, “Sofortüberweisung” (instant transfer) or by credit card:
With advanced payment the dispatch of the product takes place immediately after receipt of payment on the following account:
Recipient: Ponix Systems GmbH
Name of the bank: Raiffeisenlandesbank Niederösterreich-Wien AG
IBAN: AT45 3200 0000 1234 3299
In case of a “Sofortüberweisung” (instant transfer), the customer pays via their online banking account while the order is still being placed. Ponix receives a real-time confirmation of payment and can ship the products immediately.
Ponix reserves the right no longer to, or not to offer certain payment methods, or to offer other payment methods.
5.2 Third countries
Payment of the product can take place only by pre-payment, Paypal, “Sofortüberweisung” (instant transfer) or credit card.
6. Delivery and shipping cost
The goods will be delivered by the fastest means possible but at the latest within 30 days at the customer's expense. Delays in delivery may occur in individual cases. In such cases Ponix can also fulfill the customer’s order in partial deliveries. Incomplete deliveries or damaged goods must be reported within 24 hours to the carrier and additionally to Ponix.
When the goods are dispatched, the risk of loss or damage of or to the goods is only passed onto the customer as soon as the goods are delivered to the customer or as soon as a third party, different from the carrier, is designated by the customer. However, if the customer has concluded the carrier contract himself, the risk is transferred to the carrier as soon as the goods are handed over.
6.1 Shipping costs Austria
The shipping costs are basically determined by the applicable rates of the selected provider, but a shipping flat rate of at least EUR xx,xx will be charged. From an order value of EUR xx,xx the dispatch takes place within Austria free of charge.
6.2 Shipping costs EU
The shipping costs are basically determined by the applicable rates of the selected provider, but a shipping flat rate of at least EUR xx,xx will be charged. From an order value of EUR xx,xx the dispatch takes place free of charge in member states of the European Union.
6.3 Shipping costs to third countries
Should the customer wish a delivery to a country which is not within the European Union, Ponix will be happy to announce the shipping costs on request.
7. Right of withdrawal / right to cancel / right of return
7.1 Right of withdrawal
The customer can withdraw from the contract without stating reasons. The declaration of withdrawal can be made in any form and must reach Ponix within 14 days (working days). In the case of written declarations of withdrawal (post, e-mail, fax, etc.) it is sufficient if the declaration of withdrawal is sent within 14 days (the outgoing date is decisive).
The period for withdrawal begins
- a) with the day on which the customer or a third party (with deviating delivery address) named by him has received the goods;
- b) in the event that the supplier fulfils a uniform order in partial deliveries, on the day on which the customer or a third party (with deviating delivery address) named by him has received the last goods delivered;
- c) in the event that the provider has undertaken to deliver goods regularly, on the day on which the customer or a third party (with deviating delivery address) named by the customer receives the first goods delivered.
The customer may also use our sample withdrawal form in accordance with Annex I Part B of Directive 2011/38/EC to exercise his right of withdrawal.
The declaration of withdrawal must be addressed to:
Post: Ponix Systems GmbH, Technologiepark 2, 2471 Pachfurth;
Fax: +43 (0) 664 914 29 74
7.2 Withdrawal by return of the goods
Notwithstanding point 7.1, the customer may also exercise his right of withdrawal in such a way that he demonstrably returns the goods received without a written declaration. It is sufficient if the goods are returned within 14 days (date of postmark is decisive). In this case, the goods must not be damaged or used and must be returned in the original packaging. The costs of the return shipment will only be borne by Ponix if a wrong delivery has been made or the goods have been delivered defective. Shipments not prepaid will not be accepted.
The return of the goods (as a parcel) must be made to the following address:
Post: Ponix Systems GmbH, Technologiepark 2, 2471 Pachfurth
7.3 Consequences of withdrawal
7.3.1 Responsabilities by Ponix Systems GmbH
In the case of withdrawal, Ponix has to refund all already paid costs by the customer immediately, but no later than within 14 days from the receipt of the withdrawal. A claim of interest is excluded.
If the customer has also paid Ponix for the shipment of the goods, the customer must also be reimbursed for these costs. A reimbursement of costs for shipping costs is excluded if
- Ponix was not obliged to deliver the goods and the customer himself organized the transport of the goods;
- the customer has requested a more expensive delivery (only the standard delivery costs will be reimbursed);
Ponix shall always refund the customers’ payments in the form in which the customer made the payment to Ponix. In any case, the customer is obliged to provide Ponix upon request with all information required for the refund of the payment. Ponix has the right to agree with the customer on a different method of payment for the reimbursement of costs, provided that no costs are incurring for the customer.
Notwithstanding the 14-day period Ponix is only obliged to refund the purchase price and to reimburse the delivery costs after the customer returned the goods or has provided proof of the return of the goods, whichever is the earlier.
7.3.2 Responsibilities by the customer
In the case of withdrawal, the customer must immediately return the received goods to Ponix and latest within 14 days from the submission of the declaration of withdrawal.
The direct costs of the return of the goods are to be carried by the customer, regardless of whether the delivery of the goods from Ponix to the customer was free of charge. Goods that can not normally be sent by post due to their nature are to be picked up by Ponix at their own expense. If the goods have already been used by the customer for more than a mere check of the characteristics or functioning of the goods, the customer must pay Ponix a reasonable utilisation fee, limited to the value of the goods.
Note: Please keep the original packaging of the goods until you have decided to keep them. If you have already disposed the original packaging, you must pack the goods in such a way that they can be returned free of damage. Ponix will not bear the cost of repackaging under any circumstances.
7.4 Exceptions to the rights of withdrawal
The rights to withdraw shall be excluded if
- goods or supplies are manufactured to customer specifications or clearly tailored to personal needs,
- goods or supplies, that are delivered sealed are not suitable for return for reasons of public health or hygiene, provided that their seal has been removed after delivery;
- sound or video recordings or computer software are supplied in a sealed package, provided that their seal has been removed after delivery;
- Newspapers, periodicals or magazines, except subscription contracts for the supply of such publications;
- the delivery of digital content is not stored on a physical data medium (downloads), if Ponix has commenced the delivery with the expressed consent of the customer, combined with his knowledge of the loss of the right of withdrawal in case of premature commencement of the contract. The loss of the right of withdrawal presupposes that Ponix has provided the customer with a confirmation of his consent to the early fulfillment of the contract and his knowledge of the loss of the right of withdrawal on a durable medium.
8. Nature of the goods
Goods, parts of installations or installations supplied by Ponix and the work performed on them comply with the respective applicable technical standards and safety regulations of the European Union.
Goods, plant components or systems supplied by Ponix must always be maintained, erected, renewed, etc. within the scope of the installation or operation instructions supplied.
9. Retention of title
Each good remains the property of Ponix until full payment of the purchase price. Ponix may also claim the rights arising from the retention of title in the event of late payment. The assertion of the rights from the property does not constitute a withdrawal from the contract, except Ponix simultaneously and expressly declares the withdrawal of the contract.
As a condition of the goods basically only ours or the product description of the manufacturer applies as agreed. At the time of delivery, the goods is not subject to any errors which will nullify or diminish the value or fitness for ordinary use. Special features are only considered assured if they are explicitly marked as such by Ponix.
Excluded from the warranty are in particular:
- those parts whose repair or replacement is required due to natural wear and tear (wearing parts);
- Parts where repairs, modifications or adjustments have been made or commenced by the customer or third parties without prior consent of Ponix;
- Defects of goods that are due to improper use or above-average use by the customer.
Incomplete deliveries or damages on the way of transport have to be complained about by the customer within a reasonable time at the responsible carrier. Ponix must be provided with written confirmation of the complaint upon request.
Ponix shall be liable in cases of positive breach of contract, violation of any precontractual obligations (culpa in contrahendo), delay, initial impossibility, tort and all other legal titles only for intent and gross negligence, except in case of personal injury. Indirect damage (third party damage), as well as further warranty claims, as well as claims for consequential damages (such as travel costs, time compensation, etc.), are excluded except for personal injury in cases of intent and gross negligence.
Ponix assumes no liability for damage resulting from the improper use of goods or equipment to persons or objects. The customer is solely responsible for the commissioning, maintenance and configuration parameters of the goods and equipments of Ponix.
12. Force majeure
Ponix shall be entitled to suspend performance of the contractual obligations to the extent that performance is prevented by circumstances beyond its control and in the event of unforeseen events, in particular war, revolution, strike, supply shortfall of energy, fuel, transport, equipment or other goods and services, natural disasters, unacceptable weather conditions, governmental actions, traffic accidents, export or import bans, fires, explosions, floods, accidents, sabotage, turmoils, riots and breakages or loss during transport or storage, and late delivery by subcontractors (if any reasons stated here were caused by force majeure).
13. Choice of law
All legal relationships between Ponix and the customer shall be governed by the application of Austrian law to the extent that this is not precluded by mandatory provisions. The applicability of the UN Sales Convention is excluded. The contract, order, processing and business language is exclusively German or English.
14. Copyright law
All offers, operating and / or monthly instructions including the associated illustrations, text descriptions and graphic designs as well as the design of our goods and component parts themselves are subject to the industrial property rights and the copyright of Ponix. To the extent that software or documentation is included in the scope of the delivery, customers will receive the free, non-exclusive and non-transferable right to use this software and documentation in connection with the delivered goods or equipment.
Place of fulfillment is Vienna. For all actions brought against Ponix, the court at the seat of Ponix is locally responsible - as far as the non-mandatory regulations prevent. The customer has to ensure that his data (name, address, etc) remain up-to-date. If the customer omits to update, explanations of Ponix shall be deemed as duly received when sent to the last known data.
16. Settlement of dispute
For consumers, this gives them the opportunity to settle disputes in connection with online orders without the intervention of a court. The Dispute Settlement Platform can be reached under the external link http://ec.europa.eu/consumers/odr/.