Terms and conditions

Indian Jhalak Import & Export
Karin Gaba
Rupertgasse 7, A-5020 Salzburg, Austria/Europe
General terms and conditions
Valid from Aug. 2020

1. Application
All offers, orders and deliveries of our company are solely made under these “general terms and conditions” (referred as “GTC” further on).
Any terms not complying with these GTC will not be accepted except they are referred to in a written agreement between both contract parties. These GTC are to be also a frame agreement for any further legal business between the contract partners.

2. Contract definition
The order of a client gets valid through our confirmation. Goods or information delivered to the client result in a contract.

3. Prices
All prices are to be understood “net” only (=exclusive VAT). At any change of costs relevant to calculation or affecting the production/provision of materials, energy, transport, external labour, financing etc. we reserve the right to adjust our sales prices accordingly (increase or decrease).
This term is not valid for “retail businesses”.

4. Terms of payment, penalties
Without any additional agreement all payments are to be made gradually – goods are payable upon delivery. Discounts are only granted upon prior agreement. In case of overdue payments (also at hire-purchases) all discounts are void. All payment of clients are recognized as such upon receipt in our business account.
on overdue payments of our clients we reserve the right to demand a regress on assumed damage/loss or to ask for interest payment at a legally defined rate.
In case of late payments we reserve the right to demand compound interests from our clients – calculating from the moment of delivery.
Tel: +43-6245-85844, Fax: +43-6245-858444, E-mail: office@nullindianjhalak.com
Indian Jhalak Import & Export
Karin Gaba
Rupertgasse 7, A-5020 Salzburg, Austria/Europe

5. Cancellation of contract
At “delay of reception” (see also “7”) or other major reasons, like bankruptcy of the client or rejection of the bankruptcy because of lack of assets, as well as delayed payments, we reserve the right to cancel the contract if it has not been completely fulfilled by both parties.
In case of contract cancellation at client’s fault, a cancellation fee of 15 % of the gross invoice value or compensation of the real loss may be requested.
Overdue payment of our clients release us from any further obligation of service or delivery – it entitles us to hold back any remaining deliveries or services and/or to demand prepayments or any other placing in security or, after an appropriate additional respite, to cancel the contract.
If the client wants to cancel the contract without legal reason or asks for abolishment, we reserve the right to insist on its completion or to accept the abolishment.
For the latter the client shall pay a lump penalty of 15 % of the gross invoice value or, if deemed more suitable, to cover all our expenses made until this stage.
Within this time limit it is enough to send us a written resignation – the postmark is sufficient.
At contracts through mail order etc (§ 5a ff. of Austrian consumer protecting law) the consumer can resign within 7 days. Saturdays are not counted to be working days. At services in India, which are to be realized within 7 working days, a resignation is not possible. If prepayments have been arranged from the consumer, in order to provide the services requested, the client has to compensate also for any taxes, fees or testified signatures paid until this moment, additional to the 15 % compensation fee.

6. Terms of delivery
We are released from any service until the client has completed all his necessary obligations: especially until all technical and contracted details, preparatory works and other preparations are fulfilled.
We reserve the right to exceed agreed time limits and dates of delivery by one week. Thereafter the client may cancel the contract, after setting and keeping an appropriate respite.

7. Place of performance
Place of performance is our registered office.
Tel: +43-664-3412207, Fax: +43-662-873205, E-mail: office@nullindianjhalak.com
Indian Jhalak Import & Export
Karin Gaba
Rupertgasse 7, 5020 Salzburg, Austria/Europe

8. Proprietary rights and their declaration
All our deliveries are made under reservation of proprietary rights and remain our property until full payment has been received. A claim of these proprietary rights will only result in the cancellation of the contract if explicitly stated as such.
At the return of goods/deliveries we are entitled to allocate expenses for transport and manipulation. At any trespass of 3rd parties on our proprietary rights (e.g. sequestration) the client is obliged to forward property information and also to inform us immediately.
If the client is a consumer or a company, whose business is not selling or reselling our goods, he/she may not dispose them, especially not sell, sequestrate, donate or lend them.
The client is fully responsible for any risks, but especially for any perishing, loss or deterioration of our goods until fully paid.

9. Legal terms, place of jurisdiction
Solely Austrian law is applicable. The application of UN-buying rights is explicitly excluded. Contract language is German. The contract parties herewith agree on Austrian, domestic jurisdiction. If the other party is not a “consumer”, all disputes resulting from this contract shall be settled at the local competent court for our registered office.

10. data protection, change of address and copyrights
The client agrees that his/her personal data included in the contract will be automatically processed and recorded in the fulfilment of this contract.
The client is obliged to forward any change of his living or business address until the contracted business has been satisfactorily completed by both parties.
If this notice is not made, all information is considered as received if it has been sent to the last known address.
Plans, sketches, catalogues, brochures or any other technical papers produced by us are always considered as our intellectual property – the client has no rights of use nor valorisation.
Tel: +43-6245-85844, Fax: +43-6245-858444, E-mail: office@nullindianjhalak.com