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Terms and conditions (version 03-16-2009)

§ 1 Preface, Scope of Application

These General Terms and Conditions of Sale and Delivery (hereinafter the „terms and conditions“) shall exclusively govern all sales and deliveries of goods between the “International workinggroup on Coronarysinus interventions” (hereinafter „coronarysinus.com“) and their customers, which use the online content of coronarysinus.com (hereinafter "customer"). These Terms and Conditons concern the use of the website www.coronarysinus.com as well as all its subdomains. Relevant is the version which is valid at the time of the conclusion of the contract.

These terms and conditions are valid for each order at coronarysinus.com. Any general terms and conditions of the customer that add to or diverge from these terms and conditions shall not be applicable. The customer accepts the terms and conditions by placing his order.

§ 2 Conclusion of contract

The online offers of coronarysinus.com are a non-binding invitation to the customer to order goods at coronarysinus.com.

By placing an order the customer submits a binding offer.

"coronarysinus.com" is allowed to confirm this offer within 3 (three) working days by transmitting an order confirmation. The order confirmation will be delivered by email.

After the expiration of this deadline the offer may be considered as refused.

§ 3 Prices

All mentioned prices are, if nothing else is mentioned, exlusive VAT and do not include the costs of delivery.

If the costs of labour change through collective agreements in the branch or internal conclusion or if other product related costs such as costs for materials, energy, transport, outsourcing, financing change, we reserve the right to raise or reduce our prices accordingly.

Misprints or minor deviations in the online shop do not entitle to claims for damages.  

§ 4 Sample making, patens and trademark rights

The pictures of the trial print and the personalized samples must be checked for type and other mistakes by the customer and have to be released ready for production online. The customer is solely liable for any ignored mistakes.

For individual logo prints exact specifications are necessary as personalized products cannot be exchanged by coronarysinus.com.

By providing personalized articles on demand of the customer coronarysinus.com is
not liable for any trademark rights of a third party.  

§ 5 Payment, payment date, delay of payment

Payment by credit card is the only accepted form of payment. Payment is not deemed effected until we finally dispose of the amount in question on our Austrian account. The shipment of the goods will not be carried out before the settlement of payment.

The customer commits to settle the payment directly after the conclusion of the
contract.

If the customer is in default he has to take responsibility for any form of negligence.The customer is also liable for hazard unless the damage would have also occured at on-time payment.

The purchase price has to be charged interest on during late payment. Late payment shall entitle us to charge default interest at 5 (five) percentage points above the basic rate. For transaction without participation of private customers a default interest of 8 (eight) percentage points above the basic rate will be charged.

The assertion of any further damage shall remain unaffected.

§ 6 Delivery

The delivery will be carried out to the shipping address specified during the order
transaction. The delivery time is supposed to be 12 (twelve) weeks after the final
release of the samples and the settlement of payment.

The delivery of the ordered goods is not free of charge and will be carried out to the shipping address specified during the order transaction. If the customer wishs a special way of shipment all additional costs shall be borne by the customer.

In case of delay the customer has to request from coronarysinus.com in written form the delivery of the ordered goods. Through this written request coronarysinus.com will be given formal notice of default. In the event of default the customer has the right to grant coronarysinus.com a respite in written form of at least 4 (four) weeks – with the remark that he may refuse the receipt of goods after the expiration of this term.

"coronarysinus.com" has the right to make partial deliveries.

"coronarysinus.com" cannot be held responsible for any delays or failures in delivery or production caused by force majeure and circumstances beyond our reasonable control such as strikes, exclusion, offical orders or others (also concerning all suppliers and sub-suppliers) that make impracticable the production, transportiation or delivery of products. Even if we have already agreed on a certain delivery time.

coronarysinus.com may reserve the right to postpone the delivery or production for the duration of the interference plus an appropriate start-up period or to withdraw
completely or partly from the contract.

In the event that the customer refuses the receipt of goods for any reason the additional costs (eg. storage costs) must be borne by the customer – irrespective of our right to sell the goods to a third party and to hold the original customer liable for a possible loss.  

The transfer of risk is transferred from coronarysinus.com to the customer as soon as the ordered goods are delivered to the specified delivery address.

§ 7 Retention of title

The goods shall remain the exlusive property of coronarysinus.com until the complete settlement of payment. Pledging, chattel mortgage, processing or transformation is not allowed before the transfer of ownership without explicit consent of coronarysinus.com.

§ 8 Warranty

coronarysinus.com shall bear liability that the object of purchase is free of defects at the time of delivery.

Damaged, missing or defective goods must be immediately reported in writing to the carrier and have to be notified in writing to coronarysinus.com at the latest within 7 (seven) days after receipt of the delivery. In case of remedy coronarysinus.com will provide substitutes.

§ 9 Limitation of liability

For other damages than personal injury to life, body or health coronarysinus.com shall only bear liability if the caused damages are related to deliberate action or gross negligence or culpable violation of important contractual obligation. Contractually essential is the duty whose fulfillment makes the correct execution of the contract even possible and on which the customer may rely on. In all other cases compensation claims against coronarysinus.com shall be excluded. Claims based on a quality assurance of the object of purchase by coronarysinus.com and based on the Product Liability Act (Produkthaftungsgesetz) remain unaffected.

In each case the liability limit is the sales value of the criticized products.

According to the current state of technology the commumication over internet cannot be guaranteed being faultless and/or available at any time. We are not liable for the availabilty of our online shop at any time.

§ 10 Applicable law, place of jurisdiction

These terms and conditions and the whole privity of contract between
coronarysinus.com and the customer are exclusively based on the laws of Austria.

The contractual language is either German or English. The parties to the contract agree on Austrian jurisdiction. The sole place of jursidiction for all disputes arising directly or indirectly from the contract is the court which is locally responsible for the place of business of coronarysinus.com. The validity of the UN-convention of contracts for the international sale of goods (UN-Kaufrecht) is excluded.

§ 11 Severability clause

If one clause of these terms and conditions becomes void or not enforceable the other clauses will remain unaffected unless the loss of several clauses causes an
unreasonable discrimination for one contract party so that the contract party cannot be expected to adhere to the contract.

§ 12 Personal data, change of address and copyright

The customer agrees that his personal data will be automatically stored and processed by coronarysinus.com for the execution of the contract. It is the customer’s duty to inform us about changes in his business/shipping address as long as the contractual transaction is not completely fulfilled by both parties. In case the customer neglects this notification goods and statements are considered to be delivered when being sent to the lastly announced address.

Personal data will be treated confidentially and may be exclusivley transmitted to the partner companies of coronarysinus.com regarding the execution of the contract and only for the therefore necessary period of time.