General Business Terms - GBT
The following conditions are part of all contracts for deliveries, performance, and offers of S.A.G. Technology GmbH. Purchases take place exclusively on the general terms and conditons of business. By placing an order, at the latest with the receipt/acceptance of the delivery or performance the GBTs are accepted by the customer. Any clauses or modifications of contract are valid in written form only.
2. Realisation of contract / contracting parties
Online-orders are binding. S.A.G. Technology GmbH can pass on orders to corporations within the group of firms. This happens to fulfil the logistic demands of a quick delivery. Your party to the contract then is S.A.G. Technology regional society instead of S.A.G. Technology S.A.R.L. Vienna, who is the operator of the platform. Your party at the contract will charge you the legal VAT of his company seat. The prices in the shop are retail prices and include VAT. You will find a listing of the netto prices on the bill which is enclosed your order.
3. Right of return
We guarantee you a right of return for 15 days. If the value of goods is under €40, the customer has to pay the costs for return. For a value of goods from more than €40 S.A.G. Technology GmbH comes up for any return costs. For the compliance with the time-limit it is sufficient to send back the goods in time, or to exercise the right of withdrawal in written form on a lasting data medium. This is only true for originally packed material and unused material. If the consumer has caused any damage, destruction or alike, he has to come up for any decline in value or to replace the value. This is also valid for the conventional use of a product, or the utilitisation of any other performance. Basically, the right of withdrawal does not exist for:
Price quotations are valid as currently listed, including VAT plus the declared delivery expenses, which can vary depending on the size of your order. Please note the details in the shopping cart. Prices are subject to change.
5. Transfer of perils
As soon as the goods have left the depot of S.A.G Technology GmbH, the perils is transferred to the customer. With most despatch ways and parcels you have the possibility of tracking the status of your order online. With some despatch ways the goods are insured.
All offers by S.A.G. Technology GmbH are subject to change and non-binding, even if they are not labelled as such. We reserve for us not to accept orders as well as not to process orders in case of not given availability. In this case we will inform you immediately and reimburse the money.
7.1 Direct debiting: Customers are obliged to ensure enough covering on the account. If a direct debit note cannot be honoured we charge you for an extra admisistrative fee of €10 plus banking costs.
7.2 Terms and conditions of payment are explained in detail on the order form. In delay of payment S.A.G. Technology GmbH is authorised to demand a dunning charge up to an amount of 8 EUR (EUROS), as well as to pass on the demand for collection of a debt to a third. In case of delay of payment of the customer and active debts in more than one case, all of the customer's open bills (net) become due immediately. The customer is only allowed to hold back or to charge a part of the total sum, if the counterclaim has been declared as legally binding, or accepted by S.A.G. Technology GmbH.
8. Retention of title
S.A.G. Technology GmbH reserves the right of ownership of the goods until all demands of the business relation have been met by the customer – including futures claims/debts from contracts that have been signed and sealed at the same time or later. This is also true in case one or all of the vendor's claims have been absorbed in a current bill and the balance has been struck and accepted. The customer is only allowed to resale the conditional goods if he hereby declares to transfer all demands from S.A.G. Technology GmbH, that result from resale against the customer or against thirds.
9. Notice of a defect, guarantee
S.A.G. Technology GmbH guarantees- according to the legal requirements on guarantees – that all delivered goods are free from any material- or production defects at the transfer of perils, with the proviso that: The customer feels obliged to check all deliveries by S.A.G. Technology GmbH for truth and fairness and make sure that they are free from any defects when receiving. Short or wrong delivery as well as evident defects have to be reproved in writing by the customer within 7 days after receiving the delivery. For the assertion of warranty- and liability claims it is necessary to present a copy of the original invoice. The guarantee for the functioning of software products on the orderer's hard- and software equipment is excluded. We disclaim liability in terms of content for the design of our distributed products as well as for the legitimacy of use in the country that is designated as place of delivery by the orderer. Always, our liability is limited in terms of the amount with twice the order value. The businessmen's duty for immediate notice of defects according to § 377, 378 HGB remains uneffected. This is also true for businessmen in case of evident wrong delivery by S.A.G. Technology GmbH, especially if the delivery includes goods that can rapidly decline in value. In this case the goods have to be returned immediately free delivery to S.A.G. Technology GmbH. Carrying charges are reimbursed. The warranty period begins with the day of issuing an invoice.
10. Delivery expenses
Delivery expenses are valid as they are indicated on the website.
11. Data protection
We exclusively use your order-related data for processing and fullfilling your order. You will receive information material by other companies with your acceptance only.
12. Choice of law
Austrian law is valid only. The application of the UN-Convention on Contracts for the international sale of goods is excluded.
13. Clause for avoiding abuse or fraud in mail order business (only for direct debit)
With the realisation of his first order the customer confirms his agreement for the obtaining of economic information in order to prevent misuse and fraud in mail order business. In this context, the customer affirms with the order his agreement on SCHUFA-information and also that in case of a non-honourable quest for delivered goods this will be passed on to SCHUFA.
14. Protection of minors for new customers in Germany
New customers in Germany receive their ordered goods only after a successful verification of age. The customer confirms his agreement to the verification of his age via appropriate technical security measures that can fall back on the data of a third. Then, delivery takes place per post (certified mail – personal). If a verification is not possible, there also exists the option of a check during the delivery of the product.
We exclusively distribute products that correspond to Austrian or German law. In the offered products, e.g. all actors are of age/have minimum age (even when the corresponding product is labelled "teensex" or "discosex"). We do not offer any animal-porns or violent pornography in the sense of "hard pornography". With our quality assurance we are steadily working on optimising the quality of the articles. The prices "instead of..." are our currently valid retail prices. For all prices any liability for misprints is excluded.
16. Severability clause and final regulations
If several points of these regulations should be uneffective, this does not affect the validity of the rest. Uneffective regulations are to be replaced by valid terms, that come as close as possible to the intended purpose.