As of 09/01/2020

Terms of Service

1. General

1.1 These general terms and conditions apply to all sales and deliveries by TreeChip GmbH (“Hallotag supplier”) to the contractual partner (“customer”) and form an integral part of the purchase and delivery contracts between seller and customer (“contracts”).

They apply to all transactions between seller and customer, in particular to all future transactions, even if not expressly stated. General terms and conditions of the customer are not part of the contract.

1.2 Changes, additions or supplementary agreements are only valid if they have been concluded in writing.

2. Conclusion of contract

2.1 The conclusion of a contract between the seller and the customer takes place on the basis of a (written) “order” from the customer and the acceptance of the order by the seller through a written order confirmation.

2.2 The customer can only transfer his rights from or in connection with the contract to third parties with the prior written consent of the seller.

2.3 Offers, other estimates and sales documents by the seller are non-binding.

2.4 Subsequent changes to the contract are only binding if the changes have been agreed in writing.

2.5 The customer is obliged to immediately notify the seller in writing of any deviations between the order and confirmation of the order. Any failure to object to the discrepancies in good time is deemed to be acceptance of the discrepancy by the customer. The deviation becomes a contractual term that replaces the original term.

3. Price

3.1 Unless otherwise agreed, the price of the seller’s goods is determined in accordance with the valid price list. The price includes packaging and transport costs.

3.2 All prices stated on the price lists are binding and are calculated on the basis of the costs calculated at the time the price was stated. The seller reserves the right to revise the prices of the goods if essential factors change the price calculation.

3.3 The applicable VAT is not included in the prices, but is shown separately on the invoice on the day the invoice is issued.

3.4 If the seller provides other services in addition to the delivery of goods (e.g. as part of the implementation of a project), the customer bears all necessary costs (such as travel costs) in addition to the agreed price of the services.

4. Payment conditions

4.1 Unless otherwise agreed in writing, payment is due within fourteen (14) days of the invoice being issued.

4.2 The customer may not offset any counterclaims against claims of the seller. The customer is not entitled to withhold payment due to possible counterclaims or complaints.

5. Delivery time

5.1 The delivery period is determined on a case-by-case basis by means of a special agreement.

5.2 Unforeseen events (such as force majeure, strikes, lockouts, production stoppages, transport or traffic disruptions and business interruptions) grant the seller (without restriction) the right to later delivery and fulfillment. The customer is not entitled to compensation for damages, lost profit or penalties for default if, in the event of unforeseen events, the seller exceeds the agreed delivery time

6. Retention of title

6.1 The seller reserves the right of ownership of the goods until all claims of the seller resulting from the business relationship have been settled by the customer.

6.2 The customer is not entitled to pledge the goods or to transfer ownership of the goods to third parties. Resale is only permitted with the prior express consent of the seller. The customer must notify the seller immediately in the event of pledging, seizure or other disposal or intervention by third parties.

7. Risktransfer

The seller’s goods are delivered to the customer. By handing over the goods, the customer assumes every further risk. If the transport (dispatch) is delayed for reasons beyond the control of the seller, it is assumed that the risk of delay is transferred to the readiness for dispatch of the goods.

9. Damage and product liability

9.1 The seller is only liable for damage if the customer can prove that the damage was caused by grossly negligent behavior on the part of the seller. The seller’s liability for consequential damage is excluded in any case. Any compensation for the damage incurred is limited to the value of the goods delivered.

9.2 All claims of the customer against the seller based on product liability are excluded, unless the customer can prove that the defect is due to gross negligence on the part of the seller.

10. Warranty

10.1 Any warranty claim by the customer requires that the customer notify the seller of the defect immediately. If the complaint is not justified, the customer bears all costs in connection with the treatment and investigation of such defects.

10.2 All warranty claims expire within six (6) months after the transfer of risk. The burden of proof that the goods were defective at the time of delivery is borne by the customer.

10.3 Guarantee claims that are asserted on the basis of a justified and timely notification of defects are limited to additional and improvement claims. There is no entitlement to a price reduction. If the defect cannot be remedied, only an exchange claim can be made.

10.4 The customer is not entitled to refuse to accept the seller’s goods due to insignificant defects.

11. Intellectual property

11.1 The customer is entitled to use the seller’s goods. Buying the seller’s goods does not grant the customer any exclusive, transferable or licensable right.

11.2 The customer is not entitled to change the goods or to use them as a basis for developing his own product.

11.3 None of the documents made available to the customer by the seller may be distributed in any form without the express permission of the seller.

11.4 All rights to ideas, plans, concepts, techniques, inventions, discoveries or improvements that are communicated to the customer in connection with the seller’s performance remain the sole property of the seller.

12. Place of jurisdiction and applicable law

12.2 For all disputes between the customer and the seller arising from or in connection with the receipt or sale of the goods, the exclusive jurisdiction of the court responsible for commercial matters for Graz, Inner City, is agreed, excluding the conflict of law rules of IPR and the UN Sales Convention.

13. Data protection

13.1 The customer expressly consents to the processing and transmission of his data for the purpose of providing all the services specified in these general conditions within the seller.

14. Other provisions

14.1 Should one or more provisions of these general terms and conditions be inapplicable, invalid or be declared void, this does not affect the validity of the remaining contractual conditions. The invalid, inapplicable provision will be replaced by an effective one that comes as close as possible to the content of the replaced term.

Cancellation policy for consumers for a contract in which the goods are delivered in a single delivery

Right of withdrawal
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is 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 order to exercise your right of withdrawal, you must inform us (insert: name / company, address, telephone number, email address and, if available, the fax number) by means of a clear declaration (e.g. a letter sent by post, fax or email) inform about your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

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 day on which we received notification of your cancellation of this contract. For this repayment, we will 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. 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 earlier. You must return or hand over the goods to us 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.
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.

Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)

• Hello day
  TreeChip GmbH
  Hallerschloßstraße 18/8
  8010 Graz
  Austria
• I / we () hereby revoke the contract concluded by me / us () for the purchase of the following goods () / the provision of the following service ()
• Ordered on () / received on ()
• Name of the consumer (s)
• Address of the consumer (s)
• Signature of the consumer (s) (only if this is communicated on paper)
• Date
  —————————————
  (*) Delete where inapplicable.

Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts
for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose use-by date would quickly be exceeded;
for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely in the case of contracts
for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature;
for the delivery of sound or video recordings or

r Computer software in a sealed package, if the seal has been removed after delivery.

Cancellation policy for consumers for a contract for several goods that the consumer has ordered as part of a single order and that are delivered separately

Right of withdrawal
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is 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 last goods. In order to exercise your right of withdrawal, you must send us ([insert: name / company, address, telephone number, e-mail address and, if available, the fax number. You can also use the shortcode and save the address in DE settings.]) By means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

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 day on which we received notification of your cancellation of this contract. For this repayment, we will 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. 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 earlier. You must return or hand over the goods to us 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.
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.

Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)

• Hello day
  TreeChip GmbH
  Hallerschloßstraße 18/8
  8010 Graz
  Austria
• I / we () hereby revoke the contract concluded by me / us () for the purchase of the following goods () / the provision of the following service ()
• Ordered on () / received on ()
• Name of the consumer (s)
• Address of the consumer (s)
• Signature of the consumer (s) (only if this is communicated on paper)
• Date
  —————————————
  (*) Delete where inapplicable.

Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts
for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose use-by date would quickly be exceeded;
for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;
for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely in the case of contracts
for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature;
for the delivery of audio or video recordings or computer software in a sealed package, if the seal is removed after delivery

became.

Revocation instruction for consumers for a contract for the delivery of goods in several partial services or pieces

Right of withdrawal
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last partial shipment or the last item. In order to exercise your right of withdrawal, you must send us ([insert: name / company, address, telephone number, e-mail address and, if available, the fax number. You can also use the shortcode and save the address in DE settings.]) By means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

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 day on which we received notification of your cancellation of this contract. For this repayment, we will 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. 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 earlier. You must return or hand over the goods to us 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.
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.