Terms and conditions

of Josef Mäser GmbH

These General Terms and Conditions (GTC) apply to the entire business relationship between Josef Mäser GmbH (hereinafter referred to as Mäser) and its customers. Unless individual contracts contain terms and conditions to the contrary, the GTC shall apply. These GTC are also published on the homepage www.maeser.at and the other online platforms. Deviating, conflicting or supplementary GTC of the customer shall not become part of the contract, even if Mäser is aware of them, unless their validity is expressly agreed in writing.

All information that you provide in your order processes must be up-to-date and truthful. You may not pass on your secret access data (e.g. passwords) to third parties; you must keep this data safe and inaccessible to unauthorised persons and notify us immediately in text form if it is lost or passed on. You are liable for misuse, e.g. for any unauthorised orders placed by third parties with your personal data and the resulting claims, in accordance with the statutory provisions.

In the event of an order, the purchase contract is concluded with Josef Mäser GmbH.

Registered office of the company: Roßmähder 9, A-6850 Dornbirn

VAT: ATU36121807

Company register number: FN 65654a

Commercial register court: A-Austria/ Feldkirch

Management under commercial law: Hanno Mäser

Managing director under trade law: Guntram A. Mäser

The language available for the conclusion of the contract is German.

All prices quoted by Mäser are always net prices plus the VAT applicable at the time of the order. Otherwise, the prices according to our price list on the day of delivery apply. The presentation of the products in our online shops does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you submit a binding offer for the goods contained in the shopping basket. Mäser can accept this offer either by sending a binding declaration of acceptance or by sending the ordered goods. Until this time, Mäser may refuse acceptance at any time without giving reasons. A claim to delivery of the ordered goods only arises upon acceptance of the offer. Confirmation of receipt of your order will be sent by automated e-mail immediately after the order has been placed. This order confirmation does not constitute a declaration of acceptance. We can accept your order by sending an order confirmation (declaration of acceptance) by e-mail or by delivering the goods within fourteen days. If the goods you have ordered are not available, we will not issue a declaration of acceptance; a contract will not be concluded in such cases. We will inform you immediately and refund any payments already received. Possible payment methods can be selected on the respective online platforms.

The purchase price is payable immediately. In the event of late payment, interest on arrears shall be agreed in accordance with Section 1333 (2) ABGB (for orders from companies; Section 456 UGB). In the event of default, the customer shall in any case pay all reminder fees (EUR 40.00 per reminder for companies, EUR 15.00 per reminder for consumers), costs of the debt collection agency or a lawyer. Payment by bill of exchange or cheque requires the express written consent of Mäser.

A delivery fee may be charged for deliveries, regardless of the invoice amount (delivery fees can be found in the separate delivery table on the respective online platforms). Special services provided by our transport and service agents are not covered by the purchase price of the goods. The goods are dispatched at the risk and expense of the recipient.

A down payment or, at Mäser's discretion, a full advance payment may be required for orders. Remaining quantities of call-off or blanket orders will be delivered by us by the end of the year without further enquiry. Costs for returns shall be borne by the recipient (unless otherwise agreed).

Delivery dates are always non-binding unless they have been confirmed in writing as binding. Compensation for damages in the event of late delivery is excluded in all cases, except in cases of intent or gross negligence.

If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

We have commissioned ARA Altstoff Recycling Austria AG, Mariahilfer Straße 123, 1062 Vienna as a ‘third party’ within the meaning of Section 3 (5) of the Austrian Packaging Ordinance 1996 (Federal Law Gazette 648/1996 as amended) to take back used packaging, insofar as it is used to package the products supplied by us; for its part, it shall take appropriate measures - without prejudice to the distribution of any disposal costs - by utilising existing waste paper disposal structures as far as possible. Josef Mäser GmbH and its customers in Austria are therefore exempt from the obligation to take back the above-mentioned packaging within the meaning of the Packaging Ordinance 1996.

However, as the first distributor of goods in Germany, we are obliged to take back and recycle packaging that is not subject to the system (transport packaging) in accordance with the German Packaging Act (VerpackG). We are happy to fulfil this obligation. This also applies to our subsidiary company, Josef Mäser GmbH, D-88131 Lindau, Uferweg 11. Please send us a return note in this regard to Josef Mäser GmbH in AT-6850 Dornbirn, Roßmähder 9.

Transport packaging is packaging that facilitates the transport of goods, protects the goods from damage during transport or is used for reasons of transport safety and is generated by the distributor and is typically not intended to be passed on to the end consumer. There is an obligation to take back and recycle this packaging in accordance with § 15 VerpackG.

For business transactions: We only warrant that the goods are of a quality or performance that is customary for goods of the same type and that can reasonably be expected by the customer. Excess or short deliveries compared to the contractually agreed delivery quantity are permissible within reasonable limits. As a rule, an excess or shortfall of up to 10 % shall be deemed reasonable. Warranty claims must be reported immediately and in writing, otherwise they shall lapse. The letter of complaint must be received by us within 7 days of delivery at the latest. In the event of late notification of defects, claims for damages and avoidance on the grounds of error are also excluded. Delivery is always ex works. Costs and risk are transferred to the customer from the time of handover to the carrier.

We are not liable for breakage and loss in the course of transport. In the event of a different delivery agreement, we shall only be liable for defects that already exist at the time of delivery and whose existence is proven by the customer at the time of delivery. The burden of proof lies with the customer, with a mutually agreed amendment to § 924 ABGB. Returns of goods shall only be accepted if Mäser has confirmed the return of the goods to the customer by sending a return goods note.

For consumer transactions: The statutory warranty applies to transactions between Mäser and consumers.

We endeavour to provide product information that is as accurate and detailed as possible. However, the product images do not always have to correspond to the appearance of the delivered products. In particular, changes in the appearance and features of items may occur following product range renewals by the manufacturer. Claims for defects do not exist in this respect insofar as the changes are reasonable and do not deviate from a quality agreement.

For corporate transactions: Mäser shall only be liable for gross negligence and wilful intent in the case of material damage and financial loss. Compensation shall be limited to the amount of the purchase price of the goods. Further liability and compensation claims for property damage and financial loss are excluded.

For consumer transactions: In the event of damage to property and financial loss caused by slight negligence, liability shall be limited to the purchase price of the goods.

The customer now assigns to Mäser all claims that the customer has against third parties to secure all claims by Mäser against the customer. The customer shall make a corresponding note in its books and on its invoices. Mäser shall accept this assignment. After the assignment, the customer shall be authorised to collect the claim. Mäser reserves the right to collect the claim itself as soon as the customer does not fulfil its payment obligations properly and falls into arrears.

Photos or company logos may only be used in connection with Josef Mäser GmbH product ranges for publication in the media or for advertising publications.

They may not be passed on to third parties. Any commercial use (e.g. for books, calendars, postcards or other product advertising outside the agreement) is not permitted or requires a separate arrangement and written agreement. The archive designation (e.g.: Josef Mäser GmbH.) must be quoted in publications. In the event of non-compliance, the company Josef Mäser GmbH. shall be entitled to charge a usage fee.

All goods of Mäser shall remain the property of Mäser until payment has been made in full and until means of payment (e.g. cheques) have been cashed. If goods subject to retention of title are resold, the customer is obliged to assign all resulting claims to Mäser while maintaining the retention of title. The purchaser of the goods subject to retention of title must be informed unequivocally of the fact that these goods are third-party property. The assignment shall be made evident in the commercial books by means of a corresponding book entry. Pledging or transfer by way of security of the goods subject to retention of title is not permitted, otherwise compensation shall be payable. In the case of goods subject to retention of title that are resold by the customer, the retention of title shall remain in full. No co-ownership is created through further processing by the customer!

The Customer hereby assigns to Mäser as security for all claims of Mäser against the Customer all claims that the Customer has against third parties. The Customer shall make a corresponding note in its books and on its invoices. Mäser accepts this assignment. After the assignment, the customer is authorised to collect the claim. Mäser reserves the right to collect the claim itself as soon as the Customer does not properly fulfil its payment obligations and is in default of payment.

The customer's creditworthiness shall be the necessary prerequisite for every delivery.

If negative information on the customer's financial situation should become known to us after conclusion of the contract, we shall be entitled, at our discretion, to either demand immediate payment or bank credit protection of the total remuneration or to withdraw from the contract.

The place of fulfilment for the contracting parties is the registered office of Josef Mäser GmbH. Austrian substantive law shall apply to all legal relationships between Mäser and the Customer. The competent court at the registered office of Mäser shall have exclusive jurisdiction for all disputes arising from this contract. If the customer is a consumer within the meaning of the Consumer Protection Act, the mandatory statutory provisions regarding the place of jurisdiction for consumers shall apply.

Should one or more provisions of the contractual relationship between Mäser and the customer be or become invalid, this shall not affect the validity of the remaining contractual provisions. An invalid provision shall be replaced by a provision that most closely corresponds to the economic interests of the contracting parties.

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Dornbirn, 13 February 2025