of 100 LIFE GmbH for the product QUICKSHIELD (FN 456748p, LG Feldkirch), Losergasse 3, A-6900 Bregenz
1.1 All offers, deliveries, and services of 100 LIFE GmbH related to the QUICKSHIELD product line are subject to the following General Terms and Conditions, abbreviated as GTC. These GTC are binding for all current and future business relationships with the contracting party.
1.2 Deviating or supplementary provisions from those specified in these GTC will only become part of the contract if 100 LIFE GmbH has expressly agreed to them in writing.
1.3 In case of conflicting GTC, only the GTC of 100 LIFE GmbH shall apply, and in case of doubt, the GTC of both contracting parties will not be considered.
1.4 These GTC include specific regulations for transactions with consumers.
2.1 Offers from 100 LIFE GmbH are binding for the duration specified in the offer.
2.2 The order of the contracting party is considered accepted by 100 LIFE GmbH only after receiving written order confirmation, which can also be sent via email. The contract is thereby concluded. In the case of transactions with entrepreneurs, the contracting party can only withdraw from the contract with the express consent of 100 LIFE GmbH.
2.3 The contracting party will receive the GTC either together with the initial offer, the order confirmation, or upon request. They are also available in printable and saveable form on the website www.quickshield.at/agb.
2.4 Except for the management of 100 LIFE GmbH, no employee of the company is authorized to make additional agreements or promises beyond the written contract. Supplementary agreements require written form and must be signed by both contracting parties to be binding.
3.1 Contracting parties who are consumers according to the Consumer Protection Act and Distance and Off-Premises Contracts Act have the right to withdraw from the contract for goods ordered outside the business premises of 100 LIFE GmbH within fourteen days without stating reasons. The withdrawal period is fourteen days from the day the goods are received or the contract is concluded. The contracting party must inform 100 LIFE GmbH of their intention to withdraw from the contract by a clear statement (without specific formal requirements) via mail or email. The GTC are available in printable and saveable form at www.quickshield.at/agb. To meet the withdrawal deadline, it is sufficient if the notice of exercise of the right of withdrawal is sent before the deadline expires. The withdrawal statement should be addressed to the following address: 100 LIFE GmbH, Losergasse 3, 6900 Bregenz, Austria, contact@quickshield.at.
3.2 If the contracting party validly withdraws from the contract, 100 LIFE GmbH will refund all payments received from the contracting party promptly and no later than within fourteen days from the notification of the contracting party’s withdrawal from the contract.
If, at the request of the contracting party, a service has already begun during the withdrawal period but has not been completed, the contracting party is obliged to pay 100 LIFE GmbH an amount corresponding to the services provided up to the time of withdrawal in proportion to the total contractually agreed price. In addition, the contracting party is obligated to pay compensation to 100 LIFE GmbH for any reduction in the value of the goods, if this reduction is due to handling of the goods that was not necessary to inspect their nature, characteristics, and functionality.
In the case of contracts concluded outside business premises, there is no right of withdrawal for the contracting party or consumer if the goods have already been used and show visible signs of use.
3.3 The consumer according to the Consumer Protection Act is responsible for bearing the shipping costs of returning the goods if they can be returned by mail.
4.1 The prices specified by 100 LIFE GmbH in its offers or on the website www.quickshield.at are decisive. These prices are in Euros and are based on INCOTERMS 2010 “Ex Works.” They include packaging but do not include transport costs unless expressly agreed otherwise. In addition to the value-added tax, transaction fees may apply. For cross-border deliveries to entrepreneurs within the EU and the EEA area, it involves VAT-exempt intra-community deliveries using the VAT identification number ATU71303706 of 100 LIFE GmbH and the contracting party.
4.2 The prices specified in the offers of 100 LIFE GmbH are only valid if the offer is accepted unchanged by the contracting party.
4.3 100 LIFE GmbH may provide partial services and invoice them separately.
4.4 Services not listed in the original offer but provided at the request of the contracting party, as well as additional costs arising from inaccurate information or the behavior of the contracting party or due to unavoidable transport delays, will be invoiced to the contracting party in addition according to the current fee rates of 100 LIFE GmbH.
4.5 Invoices are due for payment without deductions immediately unless the offer or invoice explicitly specifies a different arrangement.
4.6 In transactions with entrepreneurs, the contracting party is not allowed to withhold payments.
In consumer transactions, however, the contracting party has a right of retention if 100 LIFE GmbH does not fulfill its obligation in accordance with the contract or its financial situation, which was not known to the consumer at the time of contract conclusion, jeopardizes the fulfillment of the service.
4.7 In case of payment default in business transactions, 100 LIFE GmbH reserves the right to charge default interest of 6% above the respective reference interest rate of the European Central Bank, without prejudice to other claims. In case of payment default in consumer transactions, the legal default interest rate of 4% applies. In business transactions with entrepreneurs, an additional flat fee of EUR 40 may be charged for possible collection costs if not contractually agreed otherwise.
4.8 In case of payment default and after setting a reasonable deadline, 100 LIFE GmbH has the right to withdraw from the contract and demand damages for non-performance if the contracting party fails to make the payment.
4.9 If installment payments have been agreed upon, default occurs as soon as even one installment is overdue or not paid in full. From the date of default, the entire outstanding balance becomes due for immediate payment. In case of default, 100 LIFE GmbH reserves the right to take possession of the delivered goods under retention of ownership without withdrawing from the purchase contract until the entire claim, including incidental costs, is fully settled.
5.1 The place of performance is the registered office of 100 LIFE GmbH in A-6900 Bregenz, Losergasse 3.
5.2 Unless otherwise agreed in the offer, the contracting party bears the costs and risks of transport.
6.1 The goods remain the property of 100 LIFE GmbH until full payment is made. 100 LIFE GmbH reserves the right to mark the unlimited ownership rights to the contractual goods externally. In case of payment default, 100 LIFE GmbH can collect the goods at any time. In the event of a bankruptcy petition or the initiation of bankruptcy proceedings over the assets of the contracting party, 100 LIFE GmbH can demand the surrender of the goods subject to retention of title with access to the premises of the contracting party.
If the goods are resold in the normal course of business by the contracting party, the selling price is deemed assigned to 100 LIFE GmbH. If the resale is on a credit basis, it must be done with retention of title, and the claim against this contracting party is considered an accepted assignment by 100 LIFE GmbH.
6.2 The contracting party must promptly notify of any change in possession of the goods and change of address.
7.1 The contracting party is obliged to accept the deliveries and services provided by 100 LIFE GmbH in a timely manner.
7.2 With the delivery “Ex Works” or “ex works” INCOTERMS 2010, delivered goods are deemed accepted, subject to separate individual contractual provisions.
7.3 If training services are agreed upon, the service is considered accepted upon actual provision of the training.
7.4 Acceptance is deemed to have occurred when 100 LIFE GmbH sends a completion notice to the contracting party with a request to accept the work within 10 working days, and the contracting party does not respond within this period.
7.5 Acceptance of deliveries and services is also deemed to have occurred if the contracting party makes the payment without reservation.
7.6 If 100 LIFE GmbH is unable to provide its service due to reasons attributable to the contracting party, the risk passes to the contracting party as soon as they receive the notification of the completion of the service. In this case, the service of 100 LIFE GmbH is considered fulfilled.
7.7 The contracting party may not refuse acceptance of deliveries and/or services due to minor defects.
8.1 100 LIFE GmbH endeavors to adhere to the agreed delivery periods and dates as far as possible. If not expressly specified as binding, they are non-binding and serve only as approximate times for provision and handover to the contracting party.
8.2 Withdrawal from the contract by the contracting party due to delivery delay is only possible after setting a reasonable, but at least two-month, grace period. This withdrawal must be declared in writing. The right of withdrawal only applies to the part of the delivery or service for which there is a delay.
9.1 Warranty claims for business transactions: If the contracting party is an entrepreneur, they are obliged to inspect deliveries and/or services promptly and report any defects in writing to 100 LIFE GmbH no later than five working days after handover. Otherwise, all rights of the contracting party, including warranty claims, damages claims, and rights of rescission, expire. Reporting defects does not entitle to withhold invoice amounts or parts thereof.
In case of a timely defect report and actual defects, 100 LIFE GmbH has the choice of how to fulfill the warranty (by replacement, improvement, subsequent delivery, reduction, or rescission), regardless of legal requirements.
For defects that were not recognizable during the examination at the time of delivery and/or performance, the warranty period is six months from delivery and is not extended or interrupted by attempts to improve. This period also applies to partial deliveries and/or performances. Such defects must be reported in writing within five working days after discovery, otherwise warranty claims, damages claims, and rights of rescission expire. However, they do not entitle to withhold invoice amounts or parts thereof. Recourse claims against 100 LIFE GmbH, especially according to § 933b ABGB, are excluded.
The burden of proof for the defective condition at the time of handover always lies with the customer. The application of § 924 ABGB (Austrian Law) is expressly excluded.
In case of a complaint, the customer must store the complained goods free of charge and with the care of a prudent merchant and keep them available for 100 LIFE GmbH until the complaint is clarified. The warranty period is six months from delivery.
The warranty does not cover improper use of QUICKSHIELD and wear and tear of parts due to intensive use, such as in training sessions or exercises.
9.2 For consumer transactions, the legal warranty provisions apply.
10.1 100 LIFE GmbH is only obligated to pay damages in all possible cases in the event of intent or gross negligence. In case of slight negligence, 100 LIFE GmbH is liable only for personal injury. Claims for damages expire 18 months after the contracting party becomes aware of the damage and the damaging party.
10.2 100 LIFE GmbH assumes no liability for indirect damages, loss of profit, loss of interest, unrealized savings, consequential damages, financial damages, damages resulting from third-party claims, as well as the loss of data and programs and their recovery.
10.3 Liability for damages that do not typically result from the contract is excluded.
10.4 100 LIFE GmbH assumes no liability for faulty deliveries and/or services from third-party businesses acting on behalf of the contracting party unless it can be proven that 100 LIFE GmbH intentionally or grossly negligently violated its duty of care in selecting and supervising third-party businesses.
10.5 The consulting services of 100 LIFE GmbH in oral or written form regarding the application and use of the delivered goods are based on practical experience and information from the contracting party. This advice is non-binding and provided to the best of knowledge. Neither recommendations nor oral advice create liability.
10.6 Claims for damages under the Product Liability Act are unaffected by the above provisions.
11.1 All industrial property rights (including copyright and related rights, trademark rights, competition-related protective rights, and patent rights) arising or transferred in connection with deliveries or services by 100 LIFE GmbH or its employees or third parties commissioned by it remain, unless expressly agreed otherwise, with 100 LIFE GmbH. The transfer of usage and exploitation rights requires a written agreement and is always valid only for the respective contract duration.
11.2 Der Vertragspartner ist berechtigt, Konzepte, Entwürfe usw. der 100 LIFE GmbH ausschließlich für die im Vertrag festgelegten Zwecke zu nutzen. Vervielfältigungen sind nur nach ausdrücklicher vorheriger Zustimmung der 100 LIFE GmbH gestattet. Druckvorlagen und Schulungsinhalte in Text, Bild und Film, die von der 100 LIFE GmbH oder in ihrem Auftrag erstellt werden und dem Vertragspartner in Rechnung gestellt werden, bleiben im Eigentum der 100 LIFE GmbH.
It is pointed out that personal data, regardless of whether they come from 100 LIFE GmbH itself or from third parties, are processed in accordance with the provisions of the Federal Data Protection Act in the context of business relationships or in connection with them.
13.1 In business transactions, the exclusive jurisdiction of the competent courts at the registered office of 100 LIFE GmbH is agreed upon for the resolution of all disputes arising from a contract, including those concerning its existence or non-existence.
Consumer transactions: For consumers, the place of jurisdiction according to § 14 KSchG (place of residence; habitual residence; place of employment) applies.
13.2 The contract is exclusively subject to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods.
14.1 If a provision of these GTC is wholly or partially legally ineffective or unenforceable, this has no effect on the validity of the remaining business terms. The contracting parties will replace the affected legally ineffective or unenforceable provision with a valid and enforceable provision that comes as close as possible to the content and purpose of the original provision.
14.2 Contractual amendments or additions must be made in writing. This also applies to the amendment of this written form requirement.
14.3 In business transactions, it is not permitted to set off claims of 100 LIFE GmbH with counterclaims of any kind.
In consumer transactions, consumers can only set off claims that are legally related to those of 100 LIFE GmbH, provided they are undisputed or legally established counterclaims or in the case of insolvency of 100 LIFE GmbH.
14.4 The engagement of subcontractors, especially for the conduct of training events, is allowed.
Updated: 01/01/2024
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